Agenda — Richmond City Council, September 12, 2023 (part 1 of 9)

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(s)
-REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
-REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, September 12, 2023, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
NOTICE: SEATING IN THE CHAMBERS WILL BE LIMITED TO THE FIRST 39 PEOPLE AND MASKS ARE STRONGLY ENCOURAGED.

Link to City Council Agendas/Packets
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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

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Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time
Unit

2. IFPTE Local 21 Mid-Level Management Unit and
Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA

City Designated Representative: Dave Aleshire, City Attorney Unrepresented employee: City Manager
•
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Manager•
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 425 24th Street, Richmond, CA 94804 (Homekey Program at Motel 6 location)
Agency Negotiators: Nannette Beacham, Lina Velasco, Jesus Morales Negotiating Parties: Novin Development, Corp, Journey Hospitality, Inc.

Under negotiation: Price and terms of payment
• Property: Metro Walk Phase II at Richmond Transit Village Agency Negotiators: Lina Velasco, Nannette Beacham
Negotiating Parties: Pacific West Communities, Inc., San Francisco Bay Area Rapid Transit District
Under negotiation: Price and terms of payment (12th Amendment/Disposition and Development Agreement)

5 C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) One Case •
C.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases •
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Emergency Contract with Nichols Consulting Engineers, CHTD (NCE) for Part 58 Environmental Review
15 ADOPT a resolution authorizing an emergency contract with Nichols Consulting Engineers (NCE) for $13,600 plus a 10 percent contingency of $1,360, for a total contract amount not to exceed $14,960, with a term ending August 1, 2024, to complete a Part 58 Environmental Review - Richmond Housing Authority (Gabino Arredondo 510-620-6606).

M.2 Housing Authority Meeting Minutes 54
APPROVE the minutes of the April 18, 2023, Special Meeting; June 6, 2023, Regular Meeting; June 20 and June 27, 2023, Joint Special Meetings of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620- 6513).

M.3 Contract Amendment with Doherty’s Truck & Auto Rental 63 ADOPT a resolution approving a first contract amendment with Doherty’s Truck & Auto Rental increasing the contract amount by $30,858, for a total contract amount not to exceed $40,858, with a term extending through June 30, 2025, for the rental of a truck used for maintenance and unit turnover activities – Richmond Housing Authority (Gabino Arredondo 510-620-6606).

N. ADJOURNMENT
_______________________________________________________ 7 O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T.1 NEW EMPLOYEE REPORT - 1st Tuesday
U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
V. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
W. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
X. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
X.1 City Attorney's Office
X.1.a Sixth Amendment of the Downey Brand Legal Services Agreement 99 APPROVE the sixth amendment to the legal services agreement with Downey Brand, in the amount of $100,000, to represent the City in pending appeals and any further proceedings in the current Point Molate Alliance, et al. v. City of Richmond litigation involving the Point Molate property and the City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,225,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

X.1.b First Amendment to the Legal Services Agreement with Bennett, Gelini, and Gelini
148
APPROVE a first amendment to the legal services agreement with Bennett, Gelini, and Gelini increasing the compensation by an amount not to exceed $100,000, for a total contract amount of $109,990, with a term ending June 30, 2025 – City Attorney’s Office (Dave Aleshire/Alan Cohen 510-620-6709).
8 X.2 City Clerk's Office
X.2.a City Council Meeting Minutes 175
APPROVE the minutes of the April 18, May 23, June 6, June 20, June 27, and July 11, 2023, regular City Council meetings; and the July 19, 2023, special City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

X.3 City Council
X.3.a Richmond Police Activities League (RPAL) lease amendment 264 DIRECT staff to negotiate and finalize the final form of a Richmond Police Activities League (RPAL) lease amendment at 175 23rd St. within 14 days to allow for the Richmond Tiny Home Village, Farm, and Garden Project to be built once permits and approvals are obtained - Vice Mayor Gayle McLaughlin (510-620-6636)
X.4 Community Development
X.4.a Encampment Resolution Funding Round 2 278
ACCEPT and APPROPRIATE a $8,602,587 Encampment Resolution Funding Round 2 award from the Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) to connect at least 115 unhoused city residents with urgently needed services and pathways to housing to resolve encampments in the City, including those located along Interstates 80 and 580 – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620-6649).

X.4.b Sole-Source Contract with Just Cities, LLC 284
APPROVE a sole-source contract with Just Cities, LLC in the amount of $150,000 for development of a Housing Equity Roadmap that builds upon the recently completed Affirmatively Furthering Fair Housing Analysis prepared in the 6th Cycle Housing Element, for a term beginning September 12, 2023, and ending December 31, 2025 – Community Development Department (Lina Velasco 510-620- 6841/Jesus Morales 510-620-6649).

X.4.c Contract Amendment No. 3 with Hatchuel Tabernik & Associates (HTA) for On-Call Grant Writing and Project Evaluation Services for Awarded Grants
354
APPROVE contract amendment no. 3 with Hatchuel Tabernik & Associates (HTA) for $100,000, for a total contract amount not to exceed $140,000, to provide on-call grant writing for the Housing Division for homelessness services and supports, for a term extending through June 30, 2025 – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620- 6649).
9 X.4.d City of Richmond Response to Grand Jury Report No. 2306, Affordable Housing: A Plan Without a Home
436
APPROVE the City of Richmond response to the 2022-2023 Contra Costa Civil Grand Jury Report No. 2306 entitled “Affordable Housing:

A Plan Without a Home” and submittal of the response to the Grand Jury – City Manager’s Office/Community Development Department (Shasa Curl/Lina Velasco 510-620-6841). This item was continued from the July 11, 2023, meeting.

X.4.e Contract Amendment No. 1 with United Site Services for Portable Toilets
499
APPROVE a first amendment to the contract with United Site Services to increase the contract amount by $150,000, for a total not- to-exceed amount of $225,000, with a contract term ending June 30, 2025, with two one-year options to renew at a combined total of $150,000 for the two option years – Public Works
Department/Community Development Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920/Lina Velasco 510-620- 6841).

X.4.f Homekey Project Purchase Sale Agreement Amendment and Assignment
543
ADOPT a resolution authorizing the acquisition of property to implement a Homekey Project at 425 24th Street if a grant is awarded – Community Development Department (Lina Velasco 510- 620-6841/Jesus Morales 510-620-6649).

X.5 Fire Department
X.5.a Computer Aided Dispatch System Services and Equipment for Fire Department
585
APPROVE a second amendment to the contract with Mark43, Inc. in the amount of $188,800, for a new total contract not to exceed amount of $2,615,800 to upgrade the Richmond Fire Department’s Computer Aided Dispatch (CAD) system software and for annual service costs; APPROVE a purchase order with DuraTech USA, Inc. in the amount of $175,000 including a $1,787.21 contingency to purchase related computer hardware and accessories; APPROVE a contract with Stommel, Inc. dba Lehr in the amount of $192,062.50, with a term beginning September 16, 2023, through December 31, 2023, to install the hardware and accessories to Fire Department vehicles; and ADOPT a resolution amending the Fire Department’s Fiscal Year 2023-24 budget and appropriating $438,862.50 to cover the costs of the upgrade – Fire Department (Chief Angel Montoya 510-307-8041/Deputy Chief Aaron Osorio 510-307-8021).
10 X.6 Library and Community Services
X.6.a Grant Award from the East Bay Community Foundation 716 ADOPT a resolution to ACCEPT and APPROPRIATE a $30,000
grant award from the East Bay Community Foundation for the Office of Neighborhood Safety (ONS) Operation Peacemaker Fellowship program - Community Services Department (Sam Vaughn 510-620- 5404).

X.6.b First Contract Amendment with Universal Safety & CPR Solutions to provide training and certifications for RichmondBUILD and YouthBUILD participants
721
APPROVE a first amendment to the contract with Universal Safety & CPR Solutions increasing the contract by $126,000, for a total not-to- exceed contract amount of $157,000, and extending the term from June 30, 2025, to March 30, 2028, to provide various trainings and certifications as outlined in the Environmental Protection Agency 500 grant at the RichmondBUILD facility – Community Services Department (Tamara Walker 510-307-8006/Fred Lucero 510-621- 1562).

X.6.c Standard Contract with Trans Metro, Inc. for On-Call paratransit services and Outreach
754
APPROVE the standard contract with Trans Metro, Inc. in an amount not to exceed $250,000, from September 12, 2023, through September 30, 2024, to support community outreach and existing paratransit van services for seniors and disabled individuals residing in Richmond and incorporated and unincorporated areas in West County per Measure J guidelines – Community Services Department (LaShonda White 510-620-6828/ Lori Reese 510-620-6869).

X.6.d Sports Officiating Services for Danny Walker 842
APPROVE a contract with Danny Walker in an amount not to exceed $70,000, beginning July 1, 2023, and ending on June 30, 2025, to provide sports officiating services – Community Services Department (Ranjana Maharaj 510-620-6972/Tetteh Kisseh 510-620-6919).

X.6.e Memorandum of Understanding with Youth Tennis Advantage for Instructional Programs at Nicholl Park and Martin Luther King, Jr.

Tennis Courts
894
APPROVE the Memorandum of Understanding between the City of Richmond and Youth Tennis Advantage, for a term from July 1, 2023, to June 30, 2028, to provide tennis instructions at Nicholl Park and Martin Luther King, Jr. tennis courts at no cost to the participants and the City of Richmond – Community Services Department (Ranjana Maharaj 510-620-6972/ Tetteh Kisseh 510-620-6919).
11 X.6.f Clean Mobility Options Electric Shuttle Calstart Funding Agreement Amendment 1
902
APPROVE a first amendment to the funding agreement between the City of Richmond and the State of California Air Resources Board (CARB) Clean Mobility Options Project Voucher Pilot Program to increase the funding agreement by $500,000, for a total agreement amount not to exceed $1,500,000, in support of the expansion of the Richmond Moves shuttle program; ACCEPT and APPROPRIATE
$500,000 from CARB; and APPROVE a third contract amendment with Nomad Transit, LLC (dba Via Transportation, Inc.) adding an amount of $450,000, for a total amount not to exceed $2,100,731, to expand the Richmond Moves shuttle operations through July 7, 2024 – Community Services Department (LaShonda White 510-620- 6828/Denée Evans 510-621-1718).

X.6.g California State Library English as a Second Language Services Project Grant Award
1412
ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2023-24 budget a California State Library grant, in the amount of $69,602, to support English as a Second Language educational services offered at the Library’s literacy services program, Literacy for Every Adult Program (LEAP) – Community Services Department (Kate Eppler 510-620-5452/Abigail Sims-Evelyn 510-307-8082).

X.6.h Workforce Innovation and Opportunity Act, Title II (WIOA II) Grant Award for $65,296
1452
ADOPT a resolution to ACCEPT and appropriate the WIOA II grant award of $65,296, to support educational programs offered at the library’s literacy services program, Literacy for Every Adult Program – Community Services Department (Kate Eppler 510-620-5452/Abigail Sims-Evelyn 510-307-8082).

X.7 Mayor's Office
X.7.a Urban Forest Advisory Committee 1467
APPOINT Janet Flint to the Urban Forest Advisory Committee with a term that expires on November 17, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

X.7.b Human Rights and Human Relations Committee 1470
REAPPOINT Victoria Sawicki to the Human Rights and Human Relations Committee, Seat 3, Term Expires March, 30, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

X.7.c Economic Development Commission Appointment 1473
APPOINT Crashelle Jackson to the Richmond Economic
Development Commission, term expires, March 30, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
12 X.7.d Richmond Youth Council Appointment 1475
APPOINT Jocelyn Nichole Hernandez Trueba to the Richmond Youth Council, term expires, October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

X.7.e International Travel Approval to Zhoushan, China to ratify the 2024- 2026 Mutual Agreement and celebrate the 30th anniversary of the Sister City relationship.
1477
AUTHORIZE travel for Mayor Eduardo Martinez, Councilmember Cesar Zepeda, and the Mayor’s Chief of Staff Shiva Mishek to Zhoushan, Republic of China, to celebrate the Sister Cities 30th Friendship Anniversary; attend the fifth annual International Island Tourism Conference; and update the Mutual Agreement between Sister Cities Richmond and Zhoushan— Mayor's Office (Mayor Eduardo Martinez 510-620-6502) and Councilmember Cesar Zepeda (510-620-6593).

X.8 Police Department
X.8.a First Contract Amendment with Bay Area Marine Services, LLC. 1486 APPROVE a first contract amendment with Bay Area Marine Services, LLC. to continue providing repair and maintenance services to Richmond Police Department’s Marine Unit, increasing the contract by $30,000, for a total contract amount not to exceed $80,000, with a term beginning August 1, 2022, and ending July 31, 2025 – Police Department (Chief Bisa French 510-621-1802).

X.8.b Memorandum of Understanding (MOU) with Contra Costa County Sheriff’s Office for 2022 Edward Byrne Memorial Justice Assistance Grant
1519
ADOPT a resolution to ACCEPT and APPROPRIATE $80,619 in funding from the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the purchase of police safety equipment; and AUTHORIZE the city manager to execute and accept the Memorandum of Understanding with the Contra Costa County Sheriff’s Office – Police Department (Chief Bisa French 510-621- 1802).

X.9 Public Works
X.9.a Agreement Execution Authority for Certain Agreements with the California Department of Transportation (CalTrans)
1555
ADOPT a resolution that grants the authority to the Director of Public Works and the City Engineer to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation for transportation projects funded by Federal and/or State sources – Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477). 13 Y. NEW BUSINESS
Y.1 Community Crisis Response Program Update 1561
RECEIVE a draft report and presentation from Urban Strategies Council regarding Community Crisis Response Program model options; and PROVIDE DIRECTION to City staff – Community Services Department (LaShonda White 510-620-6828/ Patrick Seals 510-307-8016). This item was continued from the July 11, 2023, meeting.

Y.2 Emergency Services Data Analysis Report by Matrix Consultants 1686 RECEIVE a report from Matrix Consulting Group regarding their emergency services data analysis – City Manager’s Office/Human Resources Department (Shasa Curl/Nickie Mastay/Sharrone Taylor 510-620-6803). This item was continued from the July 11, 2023, meeting.

Y.3 Fiscal Year 2022-2023 City-Wide Accomplishments 1906 RECEIVE a presentation from the city manager on the Fiscal Year 2022-2023 City-wide accomplishments – City Manager’s Office (Shasa Curl 510-620- 6512). This item was continued from the July 11, 2023, meeting.

Y.4 Sea Level Rise and Shoreline Development 1960
RECEIVE a presentation from Jessica Fain, Director of Planning, San Francisco Bay Conservation and Development Commission, on sea level rise preparation, shoreline development, and BCDC regulations - Councilmember Bana (510-620-6743)
Y.5 Wildfire Prevention Memorandum of Understanding (MOU) 1984 RECEIVE a presentation; and ADOPT a resolution authorizing the City of Richmond to enter into a Memorandum of Understanding (MOU) among jurisdictions in the East Bay Hills to form a wildfire coordinating group to improve regionwide collaboration on wildfire mitigation activities and reduce wildfire risk throughout the East Bay Hills – Vice Mayor McLaughlin (510-620- 6636).

Z. ADJOURNMENT
________________________
14

Page 1 of 2 ends

September 12. 2023

Richmond Housing Authority (RHA)

Economic Development

DATE: September 12, 2023
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners

FROM: Nannette Beacham, Director of Economic Development Gabino Arredondo, RHA, Interim Executive Director

Subject:

Emergency Contract with Nichols Consulting Engineers,
CHTD (NCE) for Part 58 Environmental Review
FINANCIAL IMPACT: Funding for the contract will be derived from the U.S.

Housing and Urban Development (HUD) annual
allocation of Operating Subsidy and Capital Fund,
$14,960 (Legacy quote $13,600; 10 percent Contingency
$1,360) (42141191-400836).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

This emergency procurement was initiated after U.S.

Department of Housing and Urban Development (HUD)
notified RHA that the environmental review for the Capital Fund has expired and RHA cannot access the Capital
Grant funding to make necessary repairs in the housing
stock.

RECOMMENDED ACTION:

ADOPT a resolution authorizing an emergency contract
with Nichols Consulting Engineers (NCE) for $13,600
plus a 10 percent contingency of $1,360, for a total
contract amount not to exceed $14,960, with a term
ending August 1, 2024, to complete a Part 58
Environmental Review - Richmond Housing Authority
(Gabino Arredondo 510-620-6606).

AGENDA
REPORT
15

Page 2 of 2 ends

September 12. 2023

DISCUSSION:

U.S. Housing and Urban Development (HUD) has notified the Richmond Housing Authority (RHA) that the environmental review for the Capital Fund has expired and RHA cannot access the capital grant funding to make necessary repairs in the housing stock. RHA has been actively involved in renovating housing units at Nystrom Village to address life, health, and overall property conditions and provide additional affordable housing units for lease. RHA needs access to capital fund grant funding to complete the repairs.

An emergency contract was initiated for a consultant to complete the Part 58 Environmental Review for RHA to access the capital fund grant. The consultant Nichols Consulting Engineers (NCE) was chosen from the City of Richmond Community Development Department’s on-call list (NCE has gone through the City's procurement process). In particular, NCE was chosen because they have expertise with addressing specialized HUD environmental review requirements, demonstrated ability to meet expedited project deadlines requested by RHA to comply with the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement asset repositioning expectations, and experience working on National Environmental Policy Act (NEPA) analyses for the City of Richmond. NCE has also been successful in the past with HUD environmental reviews for RHA on the Nevin Plaza project in Richmond.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Contract
16 Reso. No. ____

Page 1 of 2 ends

RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING AN

EMERGENCY CONTRACT WITH NICHOLS CONSULTING ENGINEERS (NCE) FOR $13,600 PLUS A 10 % CONTINGENCY OF $1,360 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $14,960 TO COMPLETE A PART 58 ENVIRONMENTAL REVIEW

WHEREAS, Richmond Housing Authority (RHA) owns and manages 244 units of rental housing in the City of Richmond; and

WHEREAS, on October 22, 2019, the RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and

WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality services to local program participants; and

WHEREAS, Nevin Plaza primarily serves senior citizen and disabled residents; and

WHEREAS, HUD has notified the RHA that the environmental review for the Capital Fund has expired; and

WHEREAS, an approved Part 58 Environmental Review is needed by RHA to access capital grant funding to address necessary repairs to residential units at Nystrom Village to address life, health, and overall property conditions; and

WHEREAS, Nichols Consulting Engineers (NCE) was chosen from the City of Richmond Community Development Department on call list; and

WHEREAS, NCE was chosen because they have expertise with addressing specialized HUD environmental review requirements, ability to meet expedited project deadlines, experience working on National Environmental Policy Act (NEPA) analyses for the City of Richmond and has been successful in the past with HUD environmental reviews for RHA on the Nevin Plaza project.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF RICHMOND THAT the Executive Director is authorized to enter into a Contract with Nichols Consulting Engineers (NCE) for $13,600 plus a 10 % contingency of $1,360 for a total contract amount not to exceed $14,960 to complete a Part 58 Environmental Review.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.

*****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at meeting thereof held on September 12, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

17 Reso. No. ____

Page 2 of 2 ends

Chairperson

[SEAL]
Attest:

Secretary

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on September 12, 2023.

____________________________________

CLERK OF THE HOUSING AUTHORITY
18 RICHMOND HOUSING AUTHORITY

PURCHASE OF SERVICES CONTRACT
Project Mgr: __________________________________ Project Mgr Phone No:

Project Description: _______________________________________________________________ The parties to this Purchase of Services Contract (Contract) do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the Housing Authority of the City of Richmond, California, (Authority) and the following named Contractor:
(NAME) _________________________________
(Street Address) ___________________________
(City, State, Zip Code) ______________________
(Taxpayer ID No.) ________________________
(Vendor No.)
(Richmond Business License No.) ________________ (Expiration Date) An California [ ] corporation, [ ] partnership, [ ] private individual, [ ] nonprofit corporation, [ ] religious institution, [ ] sole proprietor, [ ] other (Please check appropriate box)

2. Term. The effective date of this Contract is
unless terminated as provided herein.
and it terminates

3. Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed $ _____________ . The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority's Executive Director if the total contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total contract amount is over $10,000.

4. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan which is attached hereto and, is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 19 Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any), which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

7. Signatures. These signatures attest the parties' agreement hereto:

HOUSING AUTHORITY OF CONTRACTOR:

THE CITY OF RICHMOND
By ________________________________________ By __________________________________ Title Title
Date Signed ________________________________ Date Signed

LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Insurance Provisions
General Conditions
Special Conditions
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
By _________________________________
Title ________________________________
Date Signed __________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit corporation, this
Contract (1) must be signed by (a) the
Chairperson of the Board, President or Vice
President and (b) the Secretary, any Assistant
Secretary, the Chief Financial Officer or any
Assistant Treasurer

20 SERVICE PLAN
21 PAYMENT PROVISIONS
(PLEASE NOTE THAT THE HOUSING AUTHORITY OF THE CITY OF RICHMOND

SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT

WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR IF THE TOTAL EXCESS CONTRACT AMOUNT DOES NOT EXCEED $10,000.00 OR WITHOUT

THE PRIOR APPROVAL OF THE AGENCY BOARD IF THE TOTAL EXCESS CONTRACT AMOUNT IS OVER $10,000.00.)

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the Authority.

Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: Accounts Payable, Finance
Department Project Manager:

P. O. Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the Authority's Project Manager, before payments
shall be authorized.

5. The Authority shall pay invoice(s) within 45 days after completion of services to the Authority's satisfaction. Authority shall not pay late fees or interest.

6. A business license from the City of Richmond shall be obtained before any" payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
22 INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference. 23 GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.

2. Inspection. CONTRACTOR's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the AUTHORITY, the State of California, and the United States Government.

Records.

3.1 CONTRACTOR shall keep and make available for inspection and copying by authorized representatives of the AUTHORITY, the State of California, and the United States Government, the CONTRACTOR's regular business records and such additional records pertaining to this Contract as may be required by the AUTHORITY.

4. Reporting Requirements. CONTRACTOR shall include in all documents or written reports completed and submitted to AUTHORITY in accordance with this Contract a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report.

5. Termination.

5.1 Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day (30) advance written notice thereof to the other, and may be canceled immediately by written mutual consent.

5.2 Failure to Perform.

5.2.2 In lieu of termination, the AUTHORITY has the right to withhold payment to the CONTRACTOR when, in the opinion of the AUTHORITY expressed in writing to the CONTRACTOR,

5.2.2.1 The CONTRACTOR'S performance, in whole or in part, either has not been carried out or is insufficiently
documented;

5.2.2.2 The CONTRACTOR has neglected, failed, or refused to furnish information or to cooperate with any inspection, review, or audit of its program, work, or records; or

5.2.2.3 The CONTRACTOR has failed to sufficiently itemize or document its demand(s) for payment.

6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.

7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written Information Agreements between the CONTRACTOR and the AUTHORITY. Such Information Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Information Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the CONTRACTOR as provided herein.

8. Modifications and Amendments.

8.1 General Amendments. This Contract may be modified or amended by a written document executed by this CONTRACTOR and the AUTHORITY'S Board of Commissioners or, after Board approval, by its designee, subject to any required State or Federal approval.
25 GENERAL CONDITIONS Page 4

8.2 Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the CONTRACTOR and AUTHORITY's Executive Director subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan.

9. Disputes. Disagreements between the AUTHORITY and CONTRACTOR concerning the meaning, requirements, or performance of this Contract shall be subject to final determination, in writing, in accordance with the applicable procedures (if any) required by the State or Federal Government.

10. Choice of Law and Jurisdiction.

10.1 This Contract is made in Contra Costa County and shall be governed and construed in accordance with laws of the State of California.

10.2 Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California.

11. Conformation with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract may be amended to assure conformance with such Federal or State requirements.

12. No Waiver by Authority. Subject to Paragraph 9 (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the AUTHORITY relating to the CONTRACTOR's performance, or payments therefor, or any combination of these acts, shall not relieve the CONTRACTOR'S obligation to fulfill this Contract as prescribed; nor shall the AUTHORITY be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of CONTRACTOR. The CONTRACTOR shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the AUTHORITY's Board of Commissioners or its designee, subject to any required State or Federal approval.

14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the 26 GENERAL CONDITIONS Page 5
relationship of agent, servant, employee, partnership, joint venture or association.

15. Conflicts of Interest. CONTRACTOR promises and attests that the CONTRACTOR and any members of its governing body shall avoid any actual or potential conflicts of interest. If CONTRACTOR is a corporation, CONTRACTOR agrees to furnish to the AUTHORITY upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur.

16. Confidentiality.

16.1 CONTRACTOR agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

16.1.1 All applications and records concerning any individual made or kept by CONTRACTOR or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

16.1.2 No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

17. Nondiscrimination - CONTRACTOR. CONTRACTOR agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every CONTRACTOR under a Contract with the CITY for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employees, any applicant for employment for any potential subcontractor. Said Section

2.28.030 is, by this reference, made a part of this Contract.

18. Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and 27 GENERAL CONDITIONS Page 6
liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.

19. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the AUTHORITY shall be addressed to the AUTHORITY's Executive Director. Notices to the CONTRACTOR shall be addressed to the CONTRACTOR's address designated herein. The effective date of notice to the CONTRACTOR shall be the date of receipt by CONTRACTOR. The effective date of notice to the AUTHORITY shall be the date of receipt by the AUTHORITY's Executive Director.

20. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.

21. Nonrenewal. CONTRACTOR understands and agrees that there is no representation, implication, or understanding that the services provided by CONTRACTOR under this Contract will be purchased or renewed by the AUTHORITY under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by AUTHORITY to continue the purchase of all or any failure to continue purchase of all or any such services from CONTRACTOR.

22. Possessory Interest. If this Contract results in the CONTRACTOR having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and CONTRACTOR may be subject to the payment of property taxes levied on such interest.

23. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the AUTHORITY's population, it is not the intention of either the AUTHORITY or CONTRACTOR that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract.
28 GENERAL CONDITIONS Page 7

24. Copyrights and Rights in Data. CONTRACTOR shall not publish or transfer any materials produced or resulting from activities supported by this Contract without the express prior written consent of the AUTHORITY's Executive Director. If any material is subject to copyright, the AUTHORITY reserves the right to copyright such, and the CONTRACTOR agrees not to copyright such material. If the material is copyrighted by CONTRACTOR, the AUTHORITY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.

25. Changes and Extra Work.

25.1 When Changes in the Services Plan are required by AUTHORITY or requested by CONTRACTOR, CONTRACTOR shall promptly estimate their effect on the cost of the services, and on its time schedule, and so notify AUTHORITY in writing.

25.2 No Change shall be implemented by CONTRACTOR unless it is approved by AUTHORITY in writing. Unless otherwise agreed to in writing, all provisions of this Contract shall apply to all Changes in the Service Plan.

25.3 If AUTHORITY determines that a Change materially affects the total value or time of performance of this Contract, CONTRACTOR and AUTHORITY will mutually agree in writing to an equitable adjustment.

25.4 Within the limits of the Contract Payment Limit of this Contract, AUTHORITY may request Extra Work to be performed by CONTRACTOR. Extra Work is defined as work which was not authorized in the original Contract, and is, subsequent to the execution of this Contract by all parties hereto, determined by the AUTHORITY to be necessary for the Project. Upon receipt of an Extra Work authorization from AUTHORITY's Authorized Representative, CONTRACTOR shall continue performance of the services as revised by the authorization.

25.5 If AUTHORITY determines that revisions to the Contract Payment Limit, Service Plan, Payment Provisions, or other parts of the Contract are necessary, the revisions shall be mutually agreed upon and incorporated herein through the execution of written amendments to this Contract.

26. Survival.

The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract, shall remain in full force and effect after termination or completion.
29 GENERAL CONDITIONS Page 8
Performance and Final Acceptance.

27.1 CONTRACTOR represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

27.2 CONTRACTOR shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which AUTHORITY may have, CONTRACTOR shall, at its own expense, correct any services which fail to meet the above standard.

27.3 AUTHORITY shall provide CONTRACTOR an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should CONTRACTOR fail to make necessary corrections in a timely manner, such corrections shall be made by the AUTHORITY and the cost thereof shall be charged to CONTRACTOR.

27.4 If warranted, AUTHORITY shall determine, and CONTRACTOR may request such determination, that CONTRACTOR has satisfactorily completed performance of this Contract. Upon such determination, AUTHORITY shall issue to CONTRACTOR a written Notice of Final Acceptance, after which CONTRACTOR shall not incur further costs under this Contract.

CONTRACTOR shall respond to such Notice of Final Acceptance by executing and submitting to AUTHORITY a Release and Certificate of Final Payment.

28. Force Majeure.

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party.

29. Severability.

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications 30 GENERAL CONDITIONS Page 9
thereof, shall not be affected thereby.

30. Authorized Representatives and Notices.

30.1 AUTHORITY and CONTRACTOR shall each designate, below, an Authorized Representative who has authority to act on its behalf in the administration of this Contract.

30.2 Written notification to the other party shall be provided, in advance, of changes in name or address of such Authorized Representatives.

30.3 Notices provided for under this Contract shall be in writing, and shall be served on the Authorized Representative of the receiving party, either personally or at the party's offices, or by registered or certified mail to its office address.

30.4 AUTHORITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

30.5 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

31. Pursuant to Richmond Municipal Code Section 7.04.030, the Contractor must have, or must obtain, a City of Richmond business license before any provision of this Contract will be deemed to take effect.
31 SPECIAL CONDITIONS

1. Contractor shall provide the services set forth in the scope for services document entitled “Scope of Work Amendment for the Capital Fund Program 2021-2025 5-Year Action Plan Project NEPA Review, City of Richmond,” dated August 1, 2022, which are attached hereto and incorporated herein by this reference.

2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for Non- Construction Contracts Section II" (HUD-5370-C), "Certifications and Representations of Offerors" (HUD-5369-C), "Certification Regarding Debarment and Suspension" (HUD- 2992), and "Equal Employment Opportunity Certification" (HUD-9201 0) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.

3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements- Type 2: "Professional Services" which is attached hereto and incorporated herein by this reference. The contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".

32 SCOPE OF WORK
• Part 58 Environmental Review of RHA’s Capital Fund Program (CFP) 5 Year Action Plan (YAP) Program. A detailed scope for services is provided in that attached document entitled “Scope of Work Amendment for the Capital Fund Program 2021-2025 5-Year Action Plan Project NEPA Review, City of Richmond,” dated August 1, 2022, 33 Sacramento, CA
8795 Folsom Blvd., Suite 250
Sacramento, CA 95826
(916) 388-5655
August 1, 2023
568.55
Gambino Arrendondo
Richmond Housing Authority
960 Triangle Ct
Richmond, CA 94801
RE: Scope of Work Amendment for the Capital Fund Program 2021-2025 5- Year Action Plan Project NEPA Review, City of Richmond
Dear Mr. Arrendondo:

NCE appreciates the opportunity to provide the following scope of work for NEPA review of the Capital Fund Program 2021-2025 5-Year Action Plan (undertaking).

The proposed undertaking involves multiple activities involving exempt as well as categorically excluded activities at two multi-family housing sites at Nystrom Village and Nevin Plaza, in the City of Richmond. At Nevin Plaza, the Richmond Housing Authority (RHA) proposes to replace the hot water boiler pumps and isolation valves for the inlet of the boiler pumps and the triple duty valves. At Nystrom Village, the RHA proposes to construct interior and exterior improvements such as replacing or upgrading in kind the light heads on top of existing lighting poles in parking lot; replace the existing play structures in-kind; conduct pest control; replace exterior fencing in-kind; repair existing paving and sidewalks in-kind; repaint the exterior; cut and trim existing trees and shrubs; and perform non-routine interior vacancy preparation such as replacing bathroom counters, sinks, flooring, kitchen cabinets, kitchen sinks and faucets, doors, windows/weather stripping, heaters, and replacing or upgrading electrical and plumbing as needed. The RHA also proposes to cable the Nystrom Village Main Office for category-6 voice and data communication cables and electrical power for communication equipment.

The activities will be funded with Capital Fund Program Funds. A NEPA Categorical Exclusion Subject to Federal Statutory Requirements (CEST) is the appropriate level of review. The proposed undertaking is categorically excluded per Part

58.35(a)(3)(ii) and will be analyzed using HUD’s Part 58 CEST Format. Although all activities are to be in-kind replacement and repair, the City’s Programmatic Agreement with SHPO expired in 2019; therefore, Section 106 review is required. 34 2 | Page
Gambino Arrendondo
August 1, 2023
Scope of Work
NCE proposes the following scope of work:

Task 1. Project Initiation, Management and Coordination NCE will review existing documentation and RHA’s plans and policies regarding this project and the project vicinity and determine what documentation needs to be included in the Environmental Review Record (ERR). Materials will be assessed for relevance and referenced in the appropriate analysis sections of the CEST during Task 3 as appropriate. This task also involves standard administrative tasks such as meetings, invoicing, and staff coordination. All meetings are assumed to be conducted virtually.

Task 2. Section 106 Consultation
A Historical Resources Evaluation Report (HRER) from 2008 concluded that Nystrom Village is eligible for the California and National Registers as a historic. It is assumed all exterior building improvements would be in-kind replacement.

However, because the RHA does not currently have a programmatic agreement with SHPO, consultation with SHPO and Native American consultation is required.

NCE will provide the HRER and the 2020 Nevin Plaza SHPO consultation as attachments, thus no original research is required.

Deliverables
• Draft SHPO letter for RHA review and signature
• Final SHPO letter with attachments for RHA transmittal to SHPO
Task 3. Draft CEST and ERR
This task involves conducting a site visit, refining the project description in consultation with staff, and providing a brief analysis for each required compliance factor in the HUD CEST format. NCE will complete each worksheet for inclusion in the environmental review record (ERR). The draft CEST and draft ERR as organized by Partner Worksheet Exhibits will be provided electronically.

Deliverables
• Draft CEST in the current HUD Format for staff review (electronic format) • Draft Partner Worksheets for staff review (electronic format) 35 3 | Page
Gambino Arrendondo
August 1, 2023
Task 4. Finalize ERR
This task involves responding to RHA comments on the draft CEST and preparing all documents, correspondence, notices and additional reviews and analyses into a comprehensive file for public review.

Deliverables
• Final CEST (electronic format)
• Final Environmental Review Record (electronic format) Assumptions
• All deliverables will be provided in electronic format for online access • Exterior improvements are in-kind and do not represent a significant change i
n architecture or site use that could impact adjacent resources.

Schedule
Acquiring the records search, sacred lands search, conducting Native American outreach, and SHPO consultation will take 6 to 8 weeks. The CEST can be completed immediately upon receipt of SHPO concurrence, and no request for release of funds is anticipated so the undertaking it expected convert to exempt, and funds can be drawn down immediately.

Budget
The time and materials budget for completing the necessary consultations, documentation and noticing is $13,600 as outlined on the attached.

Thank you for the opportunity to provide a scope and fee for this project. Please let me know if you have any questions; I can be reached at [email protected] or 916-764-2498.

Sincerely,
G
ail M. Ervin, Ph.D.

Principal
36 Phase Name Sub-
Consultants
Reimbursable
Items
1 / -$ -$
2 / -$ 680.00$
3 / -$ -$
4 / -$ -$
5 / -$ -$
6 / -$ -$
7 / -$ -$
8 / -$ -$
9 / -$ -$
10 / -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
/ -$ -$
-$ 680.00$
-$
12,920.00$
Phase &
SubPhase
-$
1,920.00$
-$
-$
-$ -$
-$
-$
-$
TOTAL
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Project Initiation, Management and Coordination
Section 106 Consultation
CEST
Finalize ERR
1,790.00
$
4,630.00$
4,580.00$
1,920.00$
-$
-$
-$
-$
1,790.00$
5,310.00$
4,580.00$
NCE Labor
13,600.00$
-$
-$
-$
-$
-$
-$
-$
37 General Conditions for Non-Construction U.S. Department of Housing and Urban Contracts
Development
Office of Public and Indian Housing
Section I – (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washi ngton, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
1) Non-construction contracts (without maintenance) contract as changed. greater than $100,000 - use Section I; (e) No services for which an additional cost or fee will be 2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the prior written consent of the HA. maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine 3. Termination for Convenience and Default maintenance), greater than $100,000 – use Sections I
and II. (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing
Section I - Clauses for All Non- Construction Contracts greate r
than $100,000

1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority. this contract, whether completed or in process. (b) "Contract" means the contract entered into between the (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to Order, or other modification. fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may
(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting fo
r
and on behalf of the Secretary. be, of amounts owed to the HA by the Contractor.

2. Changes (d) If, after termination for failure to fulfill contract obligations (a) The HA may at any time, by written order, and without (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. notice to the sureties, if any, make changes within the general scope of this contract in the services to be
performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made (b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein. hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other

4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, affected terms, and shall modify the contract accordingly. or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a Section I - Page 1 of 6 form HUD-5370-C (01/2014)

38 (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the

9. Assignment of Contract
performance of this contract; or, The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract sha ll inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest)

10. Certificate and Release
The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

6. Energy Efficiency
The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge

7. Disputes
and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that: (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract clause.
work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision
shall be final and conclusive. of the HA.
(d) Provided the Contractor has (i) given the notice within the (c) In the event t he Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest. merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any 8. Contract Termination; Debarment Section I - Page 2 of 6 form HUD-5370-C (01/2014)

39 product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative
organization, and any other instrumentality of a local
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised cop y
of the product to the HA within 7 days of notification or a government. later date if extended by the HA. "Officer or employee of an agency" includes the following (c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency:
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section

13. Interest of Members of Congress 202, title 18, U.S.C.; and, No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees expenditures specifically permitted by other Federal law.

No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law. project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year
immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such thereafter, have any interest, direct or indirect, in this contract o r
the proceeds thereof.

Federal actions: "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (b) Prohibition. modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered
Federal action.
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification o
f
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:

Section I - Page 3 of 6 form HUD-5370-C (01/2014)

40 (1) Agency and legislative liaison by Own person requesting or receiving a covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
any covered Federal action:
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or (1) Discussing with an agency (including individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
technical discipline.
(c) Requirements imposed by or pursuant to law
capabilities; and,
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use. documents.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
formal solicitation of any covered Federal action: section are permitted under this clause. (1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited (2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
permitted under this clause. or services for an agency's use. (2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of- payment prohibited by this clause. (i) A payment of reasonable compensatio
n
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.

An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted receiving that Federal action.
to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. (ii) Any reasonable payment to a person, other than an officer or employee of a
Section I - Page 4 of 6 form HUD-5370-C (01/2014)

41 16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. 17. Dissemination or Disclosure of Information (b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, No information or material shall be disseminated or disclosed to the general public, the news media, or any person or
organization without prior express written approval by the HA.

18. Contractor's Status
including apprenticeship.

It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,

19. Other Contractors
or national origin.

HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. (e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor shall comp ly with Executive Order 11246, 20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such

21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
(h) In the event of a determinati on that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's otherwise provided by law.
regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the (i) The Contractor shall include the terms and conditions o f Part 135 regulations.
this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6 form HUD-5370-C (01/2014)

42 apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.

Section I - Page 6 of 6 form HUD-5370-C (01/2014)

43 44
45

Page 1 of 2 ends

Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Pri mary Covered Transactions

1. The prospective primary participant certifies to the best of its knowl- edge and belief that its principals;
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (A)

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certifi- cation or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was place when the department or agency deter- mined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

4. The prospective primary participant shall provide immediate writ- ten notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become errone- ous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded , as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations.

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
46

Page 2 of 2 ends

Certification B: Certification Regarding Debarment, Suspension, Ineli- gibility and Voluntary Exclusion - Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depart- ment or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (B)

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.

If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded , as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of these regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this trans- action originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from partici- pation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this trans- action originated may pursue available remedies including suspension and/or debarment.

Applicant Date
Signature of Authorized Certifying Official T itle
47 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
48 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

49 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

50 51
52 53

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Page 1 of 2 ends

RICHMOND, CALIFORNIA, April 18, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was agendized for 6:25 p.m. and called to order at 6:42 p.m. by Chair Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by Chair Eduardo Martinez.

H. ROLL CALL

Present: Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Melvin Willis, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item K.2 (Cost Allocation Plan) was removed from the Consent Calendar for discussion.

K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Commissioner Claudia Jimenez
To approve all items on the Housing Authority Consent Calendar excluding Item K.2.

Ayes (8): Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Passed (8 to 0)
K.1 Contract Amendment With Intergraded Security Management Group For Security Services
ADOPT a resolution approving a fourth contract amendment with Intergraded Security Management Group (ISMG) for security services at Nevin Plaza, in the amount of $211,000, for a total contract amount not to exceed $2,389,511 - Richmond Housing Authority (Gabino Arredondo 510-620-6606).

Adopted Resolution No. 2180
K.2 Cost Allocation Plan
ADOPT a resolution approving the Title 2 Code of Federal Regulations 200 Compliant Version Cost Allocation Plan - Richmond Housing Authority/Finance Department (Gabino Arredondo 510-620-6606/ Rita Martinez 510-621-1546).

Interim Housing Authority Director Gabino Arredondo introduced the item. Mr.

Arredondo and Deputy Director of Finance Mubeen Qader presented a PowerPoint highlighting the following: Richmond Housing Authority Cost 54 Cc18April2023 – jc/prc

Page 2 of 2 ends

Allocation Plan; and Detail of Mid-Year 2022-2023 General Fund Cost Pool.

Discussion ensued.

Motion by Vice Chair Gayle McLaughlin
Seconded by Commissioner Claudia Jimenez
To approve the staff recommendation with the stipulation that the action taken is only for the Richmond Housing Authority.

Ayes (8): Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Passed (8 to 0)
Adopted Resolution No. 2181
L. ADJOURNMENT
There being no further business, the meeting adjourned at 7:14 p.m.

X. ADJOURNMENT
There being no further business, the meeting adjourned at 11:11 p.m., to meet again on May 2, 2023, at 6:30 p.m.

Clerk of the City of Richmond Chairperson

55 Cc06June2023 – ud/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, June 6, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________ F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:40 p.m. by Chairperson Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners Soheila Bana, Claudia Jimenez, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez and Tenant Commissioner Jaycine Scott. Absent: Commissioner Doria Robinson was absent the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Housing Authority Director Gabino Arredondo reported that the Housing Authority of Contra Costa County would be opening up wait lists for Friendship Manor, Hacienda Senior Apartments, and The Terraces Family Apartments. The project-based voucher wait list would open on Monday June 12, 2023. Flyers were available in the Council Chambers in English and Spanish.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
The following individuals gave comments in person: Andrea McKelvy, Justin Sandicich, Christine Tangney, and Natalie Fitzgerald gave comments regarding the Castro Street encampment and housing they were offered and subsequent issues. Jessie Taran gave comments regarding Richmond Community Foundation and suggested that the city gave more oversight to its operations. City Manager Shasa Curl stated if individuals needed additional Housing First services, or for emergency housing, they could contact the Richmond Community Foundations at 510-234-1200 for further assistance.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Tenant Commissioner Jaycine Scott
Seconded by Vice Chairperson Gayle McLaughlin
Ayes (7) Commissioners Sohelia Bana, Claudia Jimenez, Melvin Willis, Cesar Zepeda, Vice Chairperson Gayle McLaughlin, Chairperson Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Absent (1) Commissioner Doria Robinson
M.1 Contract Reassignment from Vacant Property Security, LLS (VPS) to New Owner Door and Window Guard Systems, Inc. (DAWGS)
56 Cc06June2023 – ud/prc

Page 2 of 2 ends

ADOPT a resolution assigning the Vacant Property Security, LLS (VPS) contract to Door and Window Guard Systems, Inc. (DAWGS), for a total contract amount of $69,525.48, with a term ending on July 1, 2024 – Richmond Housing Authority (Gabino Arredondo 510-620-6606).

Adopted Resolution No. 2184.

M.2 Standing Purchase Order for Maintenance, Repair, and Unit Turnover Activities for Public Housing Sites
ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed $180,000, for maintenance, repairs, and unit turnover activities ending June 30, 2025 - Richmond Housing Authority (Gabino Arredondo 510-621-1300).

Adopted Resolution No. 2185.

M.3 Amendment of Authorized Signatures on Richmond Housing Authority Mechanics Bank Depository and Checking Accounts
ADOPT a resolution removing the former City of Richmond Accounting Manager Delmy Cuellar, updating Nannette Beacham’s title to Director of Economic Development, and adding Interim Richmond Housing Authority Executive Director Gabino Arredondo, City of Richmond Deputy Director of Finance Mubeen Qader, Accounting Manager Jerry Chak, and Deputy City Manager Nickie Mastay as authorizing signatory on the Mechanics Bank depository and checking accounts - Richmond Housing Authority (Gabino Arredondo 510-621- 1300).

Adopted Resolution No. 2186.

N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:55 p.m.

Clerk of the City of Richmond Chairperson

57 Cc20June2023 – ud/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, June 20, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________ F. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /

RICHMOND CITY COUNCIL

The Joint Special Meeting of the Richmond Housing Authority/Richmond City Council was scheduled to begin at 6:25 p.m. and the meeting was called to order at 6:54 p.m.by Chair/Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE

Chair/Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers/Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor/Vice Chairperson Gayle McLaughlin, and Mayor/Chairperson Eduardo Martinez. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
None.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Tenant Commissioner Scott
Seconded by Vice Mayor Gayle McLaughlin

Ayes (8): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, Mayor Eduardo Martinez, and Tenant Commissioner Scott Passed (8 to 0)

L.1 Housing Authority Minutes

APPROVE the minutes of the May 16, 2023, Special Meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620-6513).

L.2 Nystrom Village Exclusive Right to Negotiate Agreement (ERNA) Amendment

ADOPT a resolution authorizing the Executive Director of the Richmond Housing Authority (RHA) to execute an extension to the Exclusive Right to Negotiate Agreement (ERNA) with McCormack Baron Salazar and Richmond Neighborhood Housing Services; and AUTHORIZE the Executive Director of the RHA to negotiate a Master Development Agreement (MDA), Ground Leases, Disposition and Development 58 Cc20June2023 – ud/prc

Page 2 of 2 ends

Agreements, and any other related documents and agreements necessary for the redevelopment and operation of Nystrom Village – Richmond Housing Authority (Nannette Beacham/Gabino Arredondo 621-1300).

Adopted Resolution No. 2187.

M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION

M.1 Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2023-2024

ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2023-2024 Richmond Housing Authority (RHA) budget, with total estimated revenues of $4,302,306 and total estimated expenditures of $5,563,388; and APPROVE an RHA subsidy from the City of Richmond General Fund in the amount of $1,261,082, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $5,563,388 in estimated revenues and $5,563,388 in expenditures – Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621-1300).

Interim Housing Authority Director, Gabino Arredondo presented a PowerPoint, which highlighted the following: Proposed Budget Overview FY 2023-2024; FY 2023-2024 Budget Revenue; FY 2023-24 Budget Expenditures; Richmond Housing Authority Affiliated Properties; and RHA Accomplishments - Asset Repositioning & Finance.

Discussion ensued. The Housing Authority audits were estimated to be completed in 3 years.

Motion by Councilmember Soheila Bana
Seconded by Tenant Commissioner Scott

Passed (8 to 0)

N. ADJOURNMENT

The meeting adjourned at 7:19 p.m.

Clerk of the City of Richmond Chairperson

59 Cc27June2023 – jc/prc

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RICHMOND, CALIFORNIA, June 27, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /

RICHMOND CITY COUNCIL
The Joint Special Meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:38 p.m. by Chair/Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by Chair/Mayor Eduardo Martinez.

H. ROLL CALL

Present: Commissioners/Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair/Vice Mayor Gayle McLaughlin Chair/Mayor Eduardo Martinez, and Tenant Commission Jaycine Scott. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Housing Authority Director Gabino Arredondo announced that there was a celebration scheduled on June 29, 2023, at 11:00 a.m. for the opening of Hacienda.

K. AGENDA REVIEW
Chair/Mayor Martinez requested the city attorney's input on how the vote for L.1 should be taken up considering that some portions of the action pertained to City Council and others to the Housing Authority. City Attorney Dave Aleshire advised that Council could take each action up in separate motions.

L. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION
L.1 Annual Review and Adoption of Financial Policies for Fiscal Year 2022-23 and Fiscal Year 2023-24 (Cash Reserve, OPEB Funding, Pension Funding, RHA – City Administrative Services Agreement)
REVIEW and ADOPT resolutions for the Cash Reserve Policy, OPEB Funding Policy, Pension Funding Policy, and Richmond Housing Authority/City of Richmond agreement, and resolutions for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 – Finance Department (Nickie Mastay 510-620-6609/Mubeen Qader 510-412-2077/Gabino Arredondo 510-621-1300).

City Manager Shasa Curl introduced the item. Ms. Curl, Deputy Finance Director Mubeen Qader, Interim Housing Authority Director Gabino Arredondo, and Deputy City Manager Nickie Mastay presented a PowerPoint highlighting the following: Introduction; Policies Updates after Five-Year Financial Forecast and Budget; City's Response to State Corrective Action Plan (4 of 11 Recommendations); State Auditor's Recommendation 8, Richmond Housing Authority (RHA)-City Agreement; RHA-City Agreement Highlights; State Auditor's Recommendation 1, Cash Reserve Policy; Cash Reserve Policy - GFOA Guidelines; Cash Reserve Policy Five-Year Financial Forecast; Cash Reserve 60 Cc27June2023 – jc/prc

Page 2 of 3 ends

Policy Recommendation; State Auditor Recommendation 4, Retirement-Related Costs (Pension Funding); Pension Funding Background; Pension Funding Policy Recommendation; State Auditor's Recommendation 5, Other Post-Employment Benefits (OPEB); OPEB Funding Background; OPEB Funding Policy Recommendation; and Next Steps.

Discussion ensued. The Commission/Council requested clarification on who was voting on the Housing Authority portion of the item, who was voting on the City Council portion of the item and how the items in the recommended action should be taken up. Chair/Mayor Martinez decided to take action on each portion of the recommended action in separate votes with the Council items going forward first and the Richmond Housing Authority item last.

Discussion on the Cash Reserve Policy recommendation ensued. The Council requested that staff provide a list of cities that have fifty percent cash reserve.

Further discussion ensued. Mayor Martinez asked for public comment; there were no public speakers.

A motion was made by Councilmember Jimenez, seconded by Mayor Martinez to adopt a resolution approving a Cash Reserve Policy which has a floor of 17 percent to 22 percent.

A substitute motion was made by Vice Mayor McLaughlin, seconded by Councilmember Bana to adopt a resolution making the specific number for the Cash Reserve Policy 21 percent.

The substitute motion passed by the following vote: Ayes: Councilmembers Soheila Bana, Doria Robinson, Melvin Willis, Cesar Zepeda, and Vice Mayor Gayle McLaughlin. Noes: Mayor Eduardo Martinez. Abstentions:

Councilmember Claudia Jimenez. Absent: None.

Adopted Resolution No. 64-23
Discussion on the Pension Funding Policy ensued.

A motion was made by Councilmember Bana, seconded by Councilmember Willis to adopt the resolution recommended by staff regarding the Pension Funding Policy.

A substitute motion was made by Councilmember Jimenez, seconded by Mayor Martinez to adopt a resolution approving contributions of 10 percent of each year- end operating surplus in the General Fund in excess of City's Cash Reserve Policy into the 115 trust and also to direct staff to present to council a comparison analysis of the benefits of paying funds to CalPERS directly versus putting money in the 115 trust.

The substitute motion passed by the following vote: Ayes: Councilmembers Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Noes: Councilmembers Soheila Bana. Abstentions: None. Absent: None.

Adopted Resolution No. 66-23
Discussion ensued regarding the Other Post-Employment Benefit (OPEB) Funding Policy.

A motion was made by Councilmember Willis, seconded by Councilmember Bana to adopt the resolution recommended by staff regarding the OPEB Funding Policy.
61 Cc27June2023 – jc/prc

Page 3 of 3 ends

A substitute motion was made by Councilmember Jimenez, seconded by Mayor Martinez to direct staff to conduct analysis on what contributing the ADC minus the pay-as-you-go costs into the trusts would look like in a five-year forecast prior to approving the action and to approve contributions of 10 percent of each year end operating surplus into general fund in excess of cash reserve policy into the trusts.

The substitute motion failed by the following vote: Ayes: Councilmember Claudia Jimenez and Mayor Eduardo Martinez. Noes: Councilmembers Soheila Bana and Cesar Zepeda. Abstentions: Councilmembers Doria Robinson, Melvin Willis, and Vice Mayor Gayle McLaughlin. Absent: None.

Councilmember Jimenez offered a friendly amendment to the original motion that staff bring back their analysis on the forecasted amount of what will be paid each year. Councilmembers Willis and Bana accepted the friendly amendment.

The original motion passed by the following vote: Ayes: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Noes: None.

Abstentions: None. Absent: None.

Adopted Resolution No. 65-23
Discussion ensued regarding the cooperative agreement between the Richmond Housing Authority and the City of Richmond. The Council decided to take two separate votes for the same item. One vote on the recommendation would be taken by the City Council and the other vote would be taken by the Richmond Housing Authority Board of Commissioners.

A motion was made by Councilmember Zepeda, seconded by Councilmember Bana to approve the staff recommendation regarding the cooperative agreement between the Richmond Housing Authority and the City of Richmond.

The motion passed by the following vote: Ayes: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Noes: None. Abstentions:

None. Absent: None.

A motion was made by Commissioner Zepeda, seconded by Commissioner Bana to approve the staff recommendation regarding the cooperative agreement between the Richmond Housing Authority and the City of Richmond.

The motion passed by the following vote: Ayes: Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Noes: None. Abstentions: None. Absent: None.

M. ADJOURNMENT
There being no further business, the meeting adjourned at 8:59 p.m.

Z. ADJOURNMENT
There being no further business, the meeting adjourned at 11:13 p.m., to meet again on July 11, 2023, at 6:30 p.m.

Clerk of the City of Richmond Chairperson

Page 1 of 2 ends

September 12, 2023

Richmond Housing Authority

Economic Development

DATE: September 12, 2023
TO: Chair Martinez and Members of the Richmond Housing
Authority (RHA) Board of Commissioners
FROM:

Nannette Beacham, Director of Economic Development
Gabino Arredondo, RHA Interim Executive Director

Subject:

First Contract Amendment with Doherty’s Truck & Auto
Rental
FINANCIAL IMPACT: Funding is pursuant to the U.S. Housing and Urban Development (HUD) annual allocation of Operating
Subsidy and Rent from Public Housing residents (FY22-
23 $6,858 44444191-400304 & 44545191-400304; FY
23-24 $12,000 44545191-400304; FY 24-25 $12,000
44545191-400304).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Richmond Housing Authority is renting a truck for
use by its maintenance staff to respond to work orders
and unit turnover activities. The contract needs to be
amended to increase the spending limit to continue the
use of the truck.

RECOMMENDED ACTION:

ADOPT a resolution approving a first contract
amendment with Doherty’s Truck & Auto Rental
increasing the contract amount by $30,858, for a total
contract amount not to exceed $40,858, with a term
extending through June 30, 2025, for the rental of a truck used for maintenance and unit turnover activities –
Richmond Housing Authority (Gabino Arredondo 510-
620-6606).

AGENDA
REPORT
63

Page 2 of 2 ends

September 12, 2023
DISCUSSION:

The Richmond Housing Authority (RHA) maintenance team requires the use of a truck to respond to work orders, perform unit turnover activities, pick up illegal dumping, and occasionally pick up supplies from vendors. The previous RHA truck was stolen, vandalized, and determined to be inoperable.

The RHA outreached to five vendors for quotes on truck rentals and three vendors responded with pricing information. Doherty’s Truck Rental provided the lowest monthly rate amount and was able to quickly provide the truck rental minimizing service interruptions to work orders from RHA residents. Subsequently, the RHA entered into an original contract with Doherty’s in the amount of $10,000. RHA staff is seeking a contract amendment to increase the spending limit by $30,858, for a new total contract amount not to exceed $40,858, to continue the use of the truck and pay past due invoices. The amendment will also extend the contract term by approximately 15 months through June 30, 2025.

Next Steps

RHA staff will inquire with the U.S. Department of Housing and Urban Development (HUD) local office to determine feasibility of RHA purchasing a truck with available funds.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Contract Amendment 1
Attachment 3 – Original Contract
64 Reso. No. ____

Page 1 of 2 ends

RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE

EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT AMENDMENT WITH DOHERTY’S TRUCK & AUTO RENTAL FOR A TRUCK USED FOR MAINTENANCE

AND UNIT TURNOVER ACTIVITIES INCREASING THE CONTRACT AMOUNT BY $30,858, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $40,858 AND ENDING ON JUNE 30, 2025

WHEREAS, Richmond Housing Atuhority (RHA) owns and manages 100 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, RHA has a need for the use of a truck to respond to work orders, unit turnover activities, pick up illegal dumping, and occasionally pick up supplies from vendors; and WHEREAS, Doherty’s Truck Rental provided the lowest rate amount for monthly service amongst the three vendors that submitted rate information; and WHEREAS, Doherty’s Truck Rental was able to provide the truck rental in an expeditious manner to not have service interruptions to address RHA residents requests.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to execute a contract amendment with Doherty’s Truck & Auto Rental for a truck used for maintenance and unit turnover activities increasing the contract amount by $30,858, for a total contract amount not to exceed $40,858 and ending on June 30, 2025.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.

*****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on September 12, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

65 Reso. No. ____

Page 2 of 2 ends

Secretary

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on September 12, 2023.

____________________________________

CLERK OF THE HOUSING AUTHORITY
66 RICHMOND HOUSING AUTHORITY

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the Housing Authority of the City of Richmond, California (Authority), and the following named Contractor:

Contractor Name: Doherty's Truck & Auto Rental
Street Address: 10895 San Pablo Ave
City, State, Zip Code: El Cerrito, CA 94530
Contact Person: Peter Doherty
Telephone: (510) 234-6025 Email: [email protected]

Business License No: 40025389 / Expiration Date: 12/31/2023

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between Authority and Contractor which was approved by the Board of Commissioners of the Housing Authority of the City of Richmond or executed by the Authority’s Executive Director on 3/15/2022. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

Department: Richmond Housing Authority Project Manager: Gabino Arredondo Project Manager E-mail: [email protected] Project Manager Phone No. 620-6606 P.R. Contract/P.O. No. 5992/23200253
Description of Services : Truck rental for RHA property maintenance and unit turnover activities Amendment No. modifies the:

X Term and Payment Limit  Payment Limit  Term  Service Plan 67 Contract Amendment between the Housing
Authority of the City of Richmond and

Amendment No. 1 Contract No. 5992
c:\Authority contract amendment form\EJ (6/17/2015)

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license before any provision of this Contract Amendment will be deemed to take effect.

6. Signatures. These signatures attest the parties’ agreement hereto:

THE HOUSING AUTHORITY FOR THE

CITY OF RICHMOND, CALIFORNIA

By ______________________________

Title: ____________________________

List of Attachments:

1. Amendment Provisions

CONTRACTOR:
______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313; and (3)
should be accompanied by completed
notary acknowledgment forms)
(Complete the notary acknowledgments
attached hereto)
68 Contract Amendment between the Housing
Authority of the City of Richmond and

Amendment No. 1 Contract No. 5992
c:\Authority contract amendment form\EJ (6/17/2015)

AMENDMENT PROVISIONS (TERM AND PAYMENT LIMIT)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is 3/15/2022 and it terminates - 06/30/2025 unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 30,858 Paragraph 3 of the Original Contract is amended to read as follows:

3. Payment Limit. Authority’s total payments to Contractor under this Contract shall not exceed $ 40,858 "

The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority’s Executive Director if the total Contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total Contract amount is over $10,000.

69 RICHMOND HOUSING AUTHORITY

PURCHASE OF SERVICES CONTRACT
Nannette Beacham
Project Description:

Nannette Beacham ^^^^ ^^^r^. (510) 621-1300Project Mgr: '-"-' -^- _ Project M.gr Phone No:

Tmck rental for RHA property maintenance and unit turnover activities The parties to this Purchase of Services Contract (Contract) do mutually agree and promise as follows:
\_ Parties. The parties to this Contract are the Housing Authority of the City of Richmond, California, (Authority) and the following named Contractor:

Doherty's Truck & Auto Rental
(NAME).
10895 San PabloAve
(Street Address)
El Cerrito, CA 94530
(City, State, Zip Code) " —"""'
68-0233173
(Taxpayer ro No.)
(Vendor No.)
(Richmond Business License No.) _(Expiration Date)12/31/2022 An Califomiaj|corporation,[_]partaershipJ| private individual,!|nonprofit corporation,! |religious institution,![sole proprietor,!| other (Please check appropriate box)
2, Term, The effective date of this Contract is 03/15/2022_ and it terminates 03/15/2024 unless terminated as provided herein.
3_ Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed $ 10000 _ . The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority's Executive Director if the total contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total contract amount is over $10,000. 4_ Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan which is attached hereto and, is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 70 Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6^ General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any), which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 1_ Signatures. These signatures attest the parties' agreement hereto:

HOUSING AUTHORITY OF

THE CITY OF RICHMOND
By /;'/(./ ,'/^/y //'^^/</y" / •-
Titlei'. /'- / /;i,•/•l^ (
./'
Date Signed
CONTRACTOR:

Digitally signed by Peter Doherty
Date: 2022.03.16 14:06:04
-By.

Peter Doherty
TitleGeneral Manager
Date Signed 3/1 6/2022
LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Insurance Provisions
General Conditions
Special Conditions
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
By
Title
Date Signed
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit corporation, this
Contract (1) must be signed by (a) the
Chairperson of the Board, President or Vice
President and (b) the Secretary, any Assistant
Secretary, the Chief Financial Officer or any
Assistant Treasurer
71 SERVICEPLAN
See the Special Conditions page.
72 PAYMENT PROVISIONS
(PLEASE NOTE THAT THE HOUSING A UTHORITY OF THE CITY OF RICHMOND

SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT

WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR IF THE TOTAL EXCESS CONTRACT AMOUNT DOES NOT EXCEED $10,000.00 OR WITHOUT

THE PRIOR APPROVAL OF THE AGENCY BOARD IF THE TOTAL EXCESS CONTRACT AMOUNT IS OVER $10,000.00.)

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: Accounts Payable, Finance
Department Project Manager: Nannette J. Beacham
P. 0. Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the Authority's Project Manager, Nannette J. Beacham before payments shall be authorized.

5. The Authority shall pay invoice(s) within 45 days after completion of services to the Authority's satisfaction. Authority shall not pay late fees or interest.

7. All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
73 INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference. 74 GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.

2. Inspection. CONTRACTOR'S performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the AUTHORITY, the State of California, and the United States Government.

Records,

3.1 CONTRACTOR shall keep and make available for inspection and copying by authorized representatives of the AUTHORITY, the State of California, and the United States Government, the CONTRACTOR'S regular business records and such additional records pertaining to this Contract as may be required by the AUTHORITY.

3.2 CONTRACTOR shall retain all documents pertaining to this Contract for a period of five years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the AUTHORITY, the State of California, and the United States Government.
4_ Reporting Requirements. CONTRACTOR shall include in all documents or written reports completed and submitted to AUTHORITY in accordance with this Contract a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. 5^ Termination.

5.2 Failure to Perform.

5.2.1 The AUTHORITY upon written notice to CONTRACTOR, may immediately terminate this Contract should the CONTRACTOR fail to perform properly any of its obligations hereunder. In the event of such termination, the AUTHORITY may proceed with the work in any reasonable manner it chooses.
75 5.2.2 In lieu of termination, the AUTHORITY has the right to withhold payment to the CONTRACTOR when, in the opinion of the AUTHORITY expressed in writing to the CONTRACTOR,

5.2.2.1 The CONTRACTOR'S performance, in whole or in part, either has not been carried out or is insufficiently
documented;

5.2.2.2 The CONTRACTOR has neglected, failed, or refused to furnish infomiation or to cooperate with any inspection, review, or audit of its program, work, or records; or

5.2.2.3 The CONTRACTOR has failed to sufficiently itemize or document its demand(s) for payment.

5.3 Cessation of Funding. Notwithstanding Paragraph 5.1 above, in the event that Federal, State, or other non-AUTHORITY funding for this Contract ceases, this Contract may be terminated immediately by AUTHORITY upon written notice. 6^ Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
1_ Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written Information Agreements between the CONTRACTOR and the AUTHORITY. Such Information Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Information Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the CONTRACTOR as provided herein.

8. ModiiLcations_and_AmendmeiLts^

GENERAL CONDITIONS Page 3
76 8.2 Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the CONTRACTOR and AUTHORITY'S Executive Director subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan.
9_ Disputes. Disagreements between the AUTHORITY and CONTRACTOR concerning the meaning, requirements, or performance of this Contract shall be subject to final determination, in writing, in accordance with the applicable procedures (if any) required by the State or Federal Government.

10. Choice of Law and Jurisdiction.

10.1 This Contract is made in Contra Costa County and shall be governed and construed in accordance with laws of the State of California.

10.2 Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California.
11_ Conformation with Federal and State Regulations, Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract may be amended to assure conformance with such Federal or State requirements.

VL, No Waiver by Authority. Subject to Paragraph 9 (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the AUTHORITY relating to the CONTRACTOR'S performance, or payments therefor, or any combination of these acts, shall not relieve the CONTRACTOR'S obligation to fulfill this Contract as prescribed; nor shall the AUTHORITY be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
13_ Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of CONTRACTOR. The CONTRACTOR shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the AUTHORITY'S Board of Commissioners or its designee, subject to any required State or Federal approval.
]A_ Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the GENERAL CONDITIONS Page 4
77 relationship of agent, servant, employee, partnership, joint venture or association. 15^ Conflicts of Interest. CONTRACTOR promises and attests that the CONTRACTOR and any members of its governing body shall avoid any actual or potential conflicts of interest. If CONTRACTOR is a corporation, CONTRACTOR agrees to furnish to the AUTHORITY upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Tmstees) and to timely update said bylaws or the list of its governing body as changes in such governance occur.

16. Confidentialitv.

16.1.2 No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

16.2 CONTRACTOR agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17, Nondiscrimination - CONTRACTOR. CONTRACTOR agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every CONTRACTOR under a Contract with the CITY for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employees, any applicant for employment for any potential subcontractor. Said Section

2.28.030 is, by this reference, made a part of this Contract. 18^ Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and GENERAL CONDITIONS Page 5
78 liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.

CONTRACTOR shall reimburse the AUTHORITY for any expenditures, including reasonable attorney's fees, incurred by the AUTHORITY in pursuit or defense of matters that are the subject of this indemnification. If requested by the AUTHORITY, the CONTRACTOR shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the CONTRACTOR. l9_ Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the AUTHORITY shall be addressed to the AUTHORITY'S Executive Director. Notices to the CONTRACTOR shall be addressed to the CONTRACTOR'S address designated herein. The effective date of notice to the CONTRACTOR shall be the date of receipt by CONTRACTOR. The effective date of notice to the AUTHORITY shall be the date of receipt by the AUTHORITY'S Executive Director.
20_ Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
21_ Nonrenewal. CONTRACTOR understands and agrees that there is no representation, implication, or understanding that the services provided by CONTRACTOR under this Contract will be purchased or renewed by the AUTHORITY under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by AUTHORITY to continue the purchase of all or any failure to continue purchase of all or any such services from CONTRACTOR. 22_ Possessory Interest. If this Contract results in the CONTRACTOR having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and CONTRACTOR may be subject to the payment of property taxes levied on such interest.
23_ No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the AUTHORITY'S population, it is not the intention of either the AUTHORITY or CONTRACTOR that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract.

GENERAL CONDITIONS Page 6
79 24^ Copyrights and Rights in Data. CONTRACTOR shall not publish or transfer any materials produced or resulting from activities supported by this Contract without the express prior written consent of the AUTHORITY'S Executive Director. If any material is subject to copyright, the AUTHORITY reserves the right to copyright such, and the CONTRACTOR agrees not to copyright such material. If the material is copyrighted by CONTRACTOR, the AUTHORITY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.

25. Changes and Extra Work.

25.4 Within the limits of the Contract Payment Limit of this Contract, AUTHORITY may request Extra Work to be performed by CONTRACTOR. Extra Work is defined as work which was not authorized in the original Contract, and is, subsequent to the execution of this Contract by all parties hereto, determined by the AUTHORITY to be necessary for the Project. Upon receipt of an Extra Work authorization from AUTHORITY'S Authorized Representative, CONTRACTOR shall continue performance of the services as revised by the authorization.

25.5 If AUTHORITY determines that revisions to the Contract Payment Limit, Service Plan, Payment Provisions, or other parts of the Contract are necessary,the revisions shall be mutually agreed upon and incorporated herein through the execution of written amendments to this Contract.

26. Survival.

GENERAL CONDITIONS Page 7
80 Performance and FinaL Acceptance^

27.1 CONTRACTOR represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

CONTRACTOR shall respond to such Notice of Final Acceptance by executing and submitting to AUTHORITY a Release and Certificate of Final Payment.

28. Force Maieure.

29. SeverabiUty.

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications GENERAL CONDITIONS Page 8
81 thereof, shall not be affected thereby.

30. Authorized Representatives and Notices.

30.1 AUTHORITY and CONTRACTOR shall each designate, below, an Authorized Representative who has authority to act on its behalf in the administration of this Contract.

30.2 Written notification to the other party shall be provided, in advance, of changes in name or address of such Authorized Representatives.

30.4 AUTHORITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

Nannette J. Beacham
Executive Director, Richmond Housing Authority
450 Civic Center Plaza, 2nd Floor 450 Civic Center Plaza, 2nd Floor (510) 621-1300

30.5 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

Peter Doherty
Doherty's Truck & Auto Rental
10895 San Pablo Ave El Cen-ito, CA 94530
(510) 234-6025 [email protected]

GENERAL CONDITIONS Page 9
82 SPECIAL CONDITIONS

1. Contractor shall provide the services set forth in the document entitled "DB TRANSPORTATION SERVICES INC. Reservation Quotation", rental of a Pickup Truck and which are attached hereto and incorporated herein by this reference.

3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements-Type 2: "Professional Services" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority". 83 SCOPE OF WORK
Contractor shall provide FPAR / PICKUP TRUCK to rent to RHA for RHA property maintenance and unit turnover activities.
84 DB TRANSPORTATION SERVICES INC. Reservation Quotation LESSOR:

DOHERTY' S TRUCK & AUTO
RENTAL
10895 SAN PABLO AVENUE
EL CERRITO, CA 94530
(510)234-6025
RENTER:

RICHMOND HOUSING AUTHORITY,
GABINO
CA
510 620 6606
[email protected]
QUOTE NO.:075680CQUOTE DATE:02/23/2022
This Reservation quote is valid until 02/26/2022 (subject to availability).

RENTAL
Pick-up date 02/24/2022 08:00 AM
Return date 03/24/2022 08:00 AM
Total Days 28
Description
1 Month(s) @799.99
0 Charged Mile(s) @0.79
1 VEHICLE LICENSE FEE @3.63 x28
SALES TAX (9.75%)

VEHICLE
Unit type/description
Agency code
Total Miles
Day(s)

FPAR / PICKL
0 Total
799.99

0.00 101.64

78.00 Total Charges979.63
85 General Conditions for Non-Construction
Contracts
Section I - (With or without Maintenance Work)
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
Office of Labor Relations
0MB Approval No. 2577-0157 (exp. 1/31/2017)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
1) Non-construction contracts [without maintenance)
greater than $100,000 - use Section I;
2) Maintenance contracts (including nonroutine
maintenance as defined at 24 CFR 968.105) greater than
$2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine
maintenance), greater than $100,000 - use Sections I
and II.

Section I - Clauses for All Non-Construction Contracts greater than $100,000

1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority.
(b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
Order, or other modification.
(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.
(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary.

2.Changes
(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be
performed or supplies to be delivered.
(b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
contract as changed.
(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA.

3. Termination for Convenience and Default
(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing
this contract, whether completed or in process.
(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as
described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (ill) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may
be, of amounts owed to the HA by the Contractor.
(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.
(e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein.

4. Examination and Retention of Contractor's Records
(a)The HA,HUD,or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.

Section I - Page 1 of 6form HUD-5370.C (01/2014)
86 (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the performance of this contract; or,
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest)
The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

7. Disputes
(a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III.

Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
clause.
(b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision
shall be final and conclusive.
(d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

8. Contract Termination; Debarment
A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.

9. Assignment of Contract
The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.

10. Certificate and Release
Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that:
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest of the HA.
(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest.

12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I -Page 2 of 6form HUD-5370-C (01/2014) 87
product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA.
(c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

13. Interest of Members of Congress
No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees
No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

15. Limitation on Payments to Influence Certain Federal Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following
Federal actions:
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or
cooperative agreement.

Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered
Federal action.
"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative
organization, and any other instrumentality of a local
government.
"Officer or employee of an agency" includes the following individuals who are employed by an agency:
(i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C,;
(iii) A special Government employee as defined in section 202, title 18, U.S.C.; and,
(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
"Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law. "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year
immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(b) Prohibition.
(i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient
of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:

Section I -Page 3 of 6form HUD-5370-C (01/2014)
88 (1) Agency and legislative liaison by Own
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
any covered Federal action:
(1) Discussing with an agency (including
individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
capabilities; and,
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
formal solicitation of any covered Federal action:
(1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
initiation of a covered Federal action;
(2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission: and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
subsequent amendments.
(e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
permitted under this clause.
(2) Professional and technical services.
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of-
(i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action.
(ii) Any reasonable payment to a person,
other than an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or
technical discipline.
(c) Requirements imposed by or pursuant to law
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
documents.
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
section are permitted under this clause.
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
sale, and service capabilities; and
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
or services for an agency's use.
(d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
payment prohibited by this clause.
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.

An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or 0MB
Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant 0MB Circulars.

Section l-Page4of6form HUD-5370-C (01/2014) 89

16. Equal Employment Opportunity
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin.
(b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship.
(c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor shall comply with Executive Order 11 246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law.
(i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

17. Dissemination or Disclosure of Information
No information or material shall be disseminated or disclosed to the general public, the news media, or any person or
organization without prior express written approval by the HA.

18. Contractor's Status
It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement.

19. Other Contractors
HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee.

20. Liens
The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.

21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968;24 CFR135) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6form HUD.5370.C (01/2014) 90
apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Section I - Page 6 of 6 form HUD-5370-C (01/2014)
91 Certifications and
Representations
of Offerors
Non-Construction Contract
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
0MB Approval No: 2577-0180 (exp. 7/30/96)
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form includes clauses required by OMB's common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.

The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Offteer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information ara required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

1. Contingent Fee Representation and Agreement
(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:
(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and
(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) If the answer to either (a)(l) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.
(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-
resentation
The bidder/offeror represents and certifies as part of its bid/ offer that it:
(a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned small business concern. "Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and
operate the business,
(c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group
members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more
minority group members, and whose management and daily
operations are controlled by one or more such individuals.

For the purpose of this definition, minority group members are:
(Check the block applicable to you)
[ ] Black Americans [ ] Asian Pacific Americans
I ] Hispanic Americans [ ] Asian Indian Americans
[ ] Native Americans [ ] Hasidic Jewish Americans

3. CertiHcate of Independent Price Determination
(a) The bidder/offeror certifies that—
(1) The prices in this bid/offer have been arrived at indepen- dently, without, for the purpose of restricting competi- tion, any consultation, communication, or agreement
with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered;
(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or
indirectly, to any other bidder/offeror or competitor be- fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for (lie purpose of restricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory:
(1) Is the person in the bidder/offeror's organization respon- sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara- graphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any
action contrary to sutoparagraphs (a)(l) through (a)(3) above (insert full name ofperson(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization);
(ii) As an authorized agent, does certify that the princi- pals named in subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above;and
r
Previous edition is obsoletepage 1 of 2
form HUD-5369-C (8/93)
ref. Handbook 7460.8
92 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.
(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

6. Conflict of Interest
In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure- ment, as described in the clause in this solicitation titled "Orga- nizational Conflict of Interest."

4. Organizational Conflicts of Interest Certification
(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not bave any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed
contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that:
(i) Award of the contract may result in an unfair competi- live advantage;
(ii) The Contractor's objectivity in performing the con- tract work may be impaired; or
(iii) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination
with respect to this Contract.
(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA.
(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default.
(d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to die HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

5. Authorized Negotiators (RFPs only)
The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators):

7. Offeror's Signature
The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature & Date:

Typed or Printed Name:

Title:

Previous edition is obsoletepage 2 of 2
form HUD-5369-C (8/93)
ref. Handbook 7460.8 93
Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

1. The prospective primary participant certifies to the best of its knowl- edge and belief that its principals;
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and
d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (A)

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certifi- cation or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (B)

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of these regulations.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction." without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

ApplicantDate
Signature of Authorized Certifying OfficialTitle
Rage 2 of 2form HUD-2992 (3/98) 95
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers' Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR.'s profession (if required.)
Required CoverageMinimum Limits
Workers' Compensation and
Employers' Liability
General Liability
(primary and excess limits
combined)
Statutory limits as required by the State of California including $1 million Employers' Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at; http://www.ci.richmond.ca.us/index.aspx?nid=61.
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy Includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Type 2 - Page 1 of 3
Revised: September 2011
96 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Automobile Liability
Professional Liability or Errors &
Omissions Liability -
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
$1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST
A9.:Al-[I]i.lliP-n.
-$1- rnlNip-n -". .$-5 -miJLion-
9-Y?r-$5_ mjljiqn
REQUIRED _1-IMIT
.$l—mlLILOn-P/P-
$2_mW\on_g/o_
-$5-miULon-P/9-
Required Policy Conditions
Additional Insured Endorsement
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deductibles and Self-Insured
Retentions
A. M. Best Rating
Applicable to General Liability coverage.

JSO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
httD://www.ci.richmond.ca.us/index,aspx?nid=61.

The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Contractor's insurer will provide a Waiver of Subrogation in favor of the City for Workers' Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
httD://www.ci.richmond.ca.us/index.asDX?nid=61.

Any deductible or self-insured retention must be declared to and approved by the City, At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage's and cover those insured in the underlying policies.

Type 2 - Page 2 of 3
Revised: September 2011
97 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR, agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR'S subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by cm' from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Type 2 - Page 3 of 3
Revised: September 2011
98

Page 1 of 3 ends

September 12, 2023

City Attorney's Office

DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney

Subject:

Sixth Amendment of the Downey Brand Legal Services
Agreement
FINANCIAL IMPACT: This amendment will add $100,000 for a total amount not to exceed $1,225,000. This agreement is charged to the
Risk Management General Liability Fund (50182316-
400554).

PREVIOUS COUNCIL
ACTION:

The City Council approved the original Legal Services
Agreement (LSA) in the amount of $250,000 on October
6, 2020. Subsequently, the City Council approved the
first LSA amendment ($500,000) on April 1, 2021, the
second amendment ($200,000) on November 2, 2021,
the third amendment ($60,000) on May 3, 2022, the
fourth amendment ($40,000) on September 13, 2022,
and the fifth amendment ($75,000) on June 27, 2023.

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate legal representation related to the Point Molate litigation and claims,
additional funds are needed.

RECOMMENDED ACTION:

APPROVE the sixth amendment to the legal services
agreement with Downey Brand, in the amount of
$100,000, to represent the City in pending appeals and
any further proceedings in the current Point Molate
Alliance, et al. v. City of Richmond litigation involving the Point Molate property and the City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,225,000 – City Attorney’s Office (Dave Aleshire
510-620-6509).

AGENDA
REPORT
99

Page 2 of 3 ends

September 12, 2023

DISCUSSION:

Downey Brand, a public sector law firm, represents the City in pending state court appeals involving Point Molate. To continue its representation of the City, the City Attorney’s Office requests a $100,000 amendment to the existing legal services agreement (LSA) for a total contract amount not to exceed $1,225,000.

The City Council of the City of Richmond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adopted a resolution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 2020, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest, and asserted causes of action under the California Environmental Quality Act (CEQA), California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds.

The trial court entered judgment in the City’s favor on March 15, 2022, and Petitioners Point Molate Alliance and North Coast Rivers Alliance filed separate appeals in the First District Court of Appeal. The appeals were subsequently consolidated for purposes of briefing, oral argument, and decision, and are now proceeding as Point Molate Alliance, et al. v. City of Richmond, First App. Dist. Case Nos. A164906 and A165758. Briefing commenced in the consolidated appeals on January 2, 2023, with Petitioners/Appellants focusing their appeal to claims under CEQA, California Planning and Zoning Law, and the California Constitution. The City filed answering briefs on April 4, and Appellants filed separate reply briefs on June 7 and June 14 respectively. In addition to the extensive merits briefings in this case, Appellant Point Molate Alliance and Amicus Curiae Guidiville Rancheria of California filed further briefs on the issue of tribal cultural resources, as well as competing appellate motions for judicial notice, declarations, objections and oppositions in June and July, 2023. Briefing is now complete, and we are expecting the Court of Appeal to schedule oral argument in late 2023 or early 2024.

Downey Brand will continue to serve as lead trial and appellate counsel for the City in its defense of these actions, and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Attorney rates are between $335-$410 per hour and paralegal rates are $225 per hour. Downey Brand’s litigation fees and expenses remain subject to reimbursement by Real Party in Interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”).

However, because Winehaven failed to close escrow under the DDA and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.
100

Page 3 of 3 ends

September 12, 2023

As part of its services, Downey Brand will provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council and will return to the City Council for more substantive reports and to further augment the contract amount as may be necessary for future phases of the litigation, including further appeals or after remand to the trial court.

DOCUMENTS ATTACHED:

Attachment 1 – Downey Brand Legal Services Agreement (“DB LSA”) Attachment 2 – DB LSA, First Amendment
Attachment 3 – DB LSA, Second Amendment
Attachment 4 – DB LSA, Third Amendment
Attachment 5 – DB LSA, Fourth Amendment
Attachment 6 – DB LSA, Fifth Amendment
Attachment 7 – DB LSA Sixth Amendment (proposed)

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DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 128
DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 129
DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 130
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DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 136
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DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 138
DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 139

1798408v3 Fifth Amendment to Agreement for Legal Services A-1

FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND LLP

This Fifth Amendment to the Agreement for Legal Services between the CITY OF RICHMOND (“City”) and DOWNEY BRAND LLP (“Special Counsel ”) (the “Fifth Amendment”) is entered into as of June 27, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for $250,000 representation of the City and City- related entities; and

WHEREAS, the Original Agreement was amended on April 1, 2021, for $500,000 on November 2, 2021, for $200,000, May 3, 2022, for $60,000 and September 13, 2022 for $40,000; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City , to amend the scope of representation, and to inc rease the compensation limit by Seventy-Five Thousand Dollars ($75,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fifth Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fifth Amendment.

2. Effect of Fifth Amendment. Except as provided in this Fifth Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Fifth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

DocuSign Envelope ID: 4D6DFB75-D70F-4548-B73A-C5A5EF281E52 140

1798408v3 Fifth Amendment to Agreement for Legal Services A-2 IN WITNESS WHEREOF, the City and Special Counsel have caused this Fifth Amendment to be effective as of the last date written below.

CITY OF RICHMOND DOWNEY BRAND LLP

By ________________________ By __________________________ Mayor Christian Marsh, Partner
Date: ____________________ Date: _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
/City Manager
DocuSign Envelope ID: 4D6DFB75-D70F-4548-B73A-C5A5EF281E52 6/30/2023
141

1798408v3 Fifth Amendment to Agreement for Legal Services A-3 Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Case Nos. A164906 and A165758. Briefing commenced in the consolidated appeals on January 2, 2023, with petitioners/appellants narrowing their appeal to certain claims under CEQA, California Planning and Zoning Law, and the California Constitution. The City filed answering briefs on April 4, 2023.

Appellants’ reply briefs are due on June 14, 2023. We are expecting the Court of Appeal to schedule oral argument in late 2023 or early 2024.

Downey Brand will continue to serve as lead trial and appellate counsel for the City in its defense of these actions, and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Downey Brand’s litigation fees and expenses remain subject to reimbursement by real party in interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”). However, because Winehaven failed to close escrow under the DDA and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.

As part of its services above, Downey Brand shall provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council, and will return to the Council for more substantive reports and to further DocuSign Envelope ID: 4D6DFB75-D70F-4548-B73A-C5A5EF281E52 142

1798408v3 Fifth Amendment to Agreement for Legal Services A-4 augment the contract amount as may be necessary for future phases of the litigation, including further appeals or after remand to the trial court.

City’s Contact Attorney: Dave Aleshire, Interim City Attorney Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

ATTORNEY HOURLY RATES

Christian Marsh $410/hour
Kathryn Oehlschlager $410/hour
Hina Gupta $365/hour
Natalie Kirkish $365/hour
Megan Unger $335/hour

PARALEGAL HOURLY RATES

Jon Shackelford $225/hour
Jessica Wise $225/hour

Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million, One Hundred Twenty Five Thousand Dollars ($1,125,000) for attorneys’ fees.

DocuSign Envelope ID: 4D6DFB75-D70F-4548-B73A-C5A5EF281E52 143

Sixth Amendment to Agreement for Legal Services A-1

SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND LLP

This Sixth Amendment to the Agreement for Legal Services between the CITY OF RICHMOND (“City”) and DOWNEY BRAND LLP (“Special Counsel ”) (the “Sixth Amendment”) is entered into as of APRIL 18, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for $250,000 representation of the City and City- related entities; and

WHEREAS, the Original Agreement was amended on April 1, 2021, for $500,000 on November 2, 2021 for $200,000, May 4, 2022 for $60,000, September 13, 2022 for $40,000, and April 18, 2023 for $75,000; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City, to amend the scope of representation, and to increase the compensation limit by One Hundred Thousand Dollars ($100,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Sixth Amendment.

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Sixth Amendment.

2. Effect of Sixth Amendment. Except as provided in this Sixth Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Sixth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

144

Sixth Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Sixth Amendment to be effective as of the last date written below.

CITY OF RICHMOND DOWNEY BRAND LLP

By ________________________ By __________________________ Mayor Christian Marsh, Partner
Date: ____________________ Date: _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
145

Sixth Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

The City Council of the City of Richmond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adopted a resolution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 2020, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest and asserted causes of action under the California Environmental Quality Act, California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds. The cases were subsequently consolidated into a single case, entitled North Coast Rivers Alliance, et al. v. City of Richmond. The trial court entered judgment on March 15, 2022, and the case is now pending in the First District Court of Appeal.

Downey Brand will continue to serve as lead trial and appellate counsel for the City in its defense of these actions, and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Downey Brand’s litigation fees and expenses shall be reimbursed by real party in interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement and Development Agreement.

As part of its services above, Downey Brand shall provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council, and will return to the Council for more substantive reports and to further augment the contract amount as may be necessary for future phases of the litigation, including appellate briefing.

City’s Contact Attorney: Dave Aleshire, Interim City Attorney Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

ATTORNEY HOURLY RATES

Christian Marsh $410/hour
Kathryn Oehlschlager $410/hour
Hina Gupta $365/hour
Megan Unger $335/hour
146

Sixth Amendment to Agreement for Legal Services A-4

PARALEGAL HOURLY RATES

Jon Shackelford $225/hour
Jessica Wise $225/hour

Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million Two Hundred and Twenty-Five Thousand Dollars ($1,225,000) for attorneys’ fees.

147

Page 1 of 2 ends

September 12, 2023

City Attorney's Office

DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Alan M. Cohen, Senior Assistant City Attorney

Subject:

First Amendment to the Legal Services Agreement with
Bennett, Gelini, and Gelini
FINANCIAL IMPACT: Expenditures for Bennet, Gelini, and Gelini will be appropriated from the Risk Management Liability fund
[50182316-400554]

PREVIOUS COUNCIL
ACTION:

Not applicable

STATEMENT OF THE
ISSUE:

In order to continue to receive appropriate representation defending the City in active civil litigation, the City Attorney requires approval of a first amendment to the
legal services agreement with Bennett, Gelini, and Gelini.

RECOMMENDED ACTION APPROVE a first amendment to the legal services agreement with Bennett, Gelini, and Gelini increasing the compensation by an amount not to exceed $100,000, for
a total contract amount of $109,990, with a term ending June 30, 2025 – City Attorney’s Office (Dave
Aleshire/Alan Cohen 510-620-6709).

AGENDA
REPORT
148

Page 2 of 2 ends

September 12, 2023
DISCUSSION:

Bennett, Gelini, and Gelini. (Bennett, Gelini) currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. Bennett, Gelini, and Gelini has been representing the City in these types of lawsuits since February 2023 and is currently defending six active lawsuits. The City Attorney’s Office is satisfied with its work and wishes to increase the contract payment limit to ensure continuity of service.

The law firm has the experience and expertise necessary to continue to represent the City of Richmond in pending and future dangerous condition and personal injury litigation. The City Attorney’s Office requests approval of this first amendment to the legal services agreement with Bennett, Gelini increasing the payment limit by $100,000.

Rates for Bennett, Gelini are as follows: partner - $195 per hour, associate - $170 per hour, and paralegal is $125 per hour.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
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First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BENNETT, GELINI & GELINI, ACP

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI ACP (“Special Counsel”) (the "First Amendment") is entered into as of SEPTEMBER 12, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and

WHEREAS, the City and Special Counsel Original Agreement was entered into on February 21, 2023, and terminating on June 30, 2025; and

WHEREAS, the City and Special Counsel Original Agreement was for an amount not to exceed the sum of Nine Thousand Nine Hundred and Ninety Dollars ($9,990); and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by One Hundred Thousand Dollars ($100,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration o f the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

172

First Amendment to Agreement for Legal Services A-2

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF , the City and Special Co unsel have cause d this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND BENNETT, GELINI & GELINI, ACP

________________________ By __________________________ Mayor/City Manager
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
173

First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall defend personal injury and motor vehicle liability claims.

City of Richmond Contact Attorney: Alan Cohen, Sr. Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates.

PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour

COMPENSATION

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Nine Thousand, Nine Hundred and Ninety dollars ($109,990) for attorneys’ fees and reimbursements.

1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate. 174

Cc18April2023 – jc/prc

Page 1 of 13 ends

RICHMOND, CALIFORNIA,

April 18, 2023, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Open Session was called to order at 4:31 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: Councilmembers Soheila Bana and Claudia Jimenez were absent during roll call and joined the meeting at 4:32 p.m.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIMS (Pursuant to Government Code § 54956.95) • Claimant: Employee - Police DepartmentFive Claims: 18000105COR, 17000123COR, 21000065COR, 21000140COR, 21000141CORAgency Claimed Against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit
and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA

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C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, Jesus Morales, and Nannette Beacham
Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:34 p.m. Closed Session adjourned at 6:39 p.m.

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was agendized for 6:25 p.m. and called to order at 6:42 p.m. by Chair Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by Chair Eduardo Martinez.

H. ROLL CALL

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item K.2 (Cost Allocation Plan) was removed from the Consent Calendar for discussion.

K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Commissioner Claudia Jimenez
To approve all items on the Housing Authority Consent Calendar excluding Item K.2.

Ayes (8): Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Passed (8 to 0)

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K.1 Contract Amendment With Intergraded Security Management Group For Security Services
ADOPT a resolution approving a fourth contract amendment with Intergraded Security Management Group (ISMG) for security services at Nevin Plaza, in the amount of $211,000, for a total contract amount not to exceed $2,389,511 - Richmond Housing Authority (Gabino Arredondo 510-620-6606).

Interim Housing Authority Director Gabino Arredondo introduced the item. Mr.

Arredondo and Deputy Director of Finance Mubeen Qader presented a PowerPoint highlighting the following: Richmond Housing Authority Cost Allocation Plan; and Detail of Mid-Year 2022-2023 General Fund Cost Pool.

Discussion ensued.

Ayes (8): Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.

Passed (8 to 0)
Adopted Resolution No. 2181
L. ADJOURNMENT
There being no further business, the meeting adjourned at 7:14 p.m.

M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was agendized for 6:30 p.m. and called to order by Mayor Eduardo Martinez at 7:15 p.m.

N. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

O. STATEMENT OF CONFLICT OF INTEREST
None.

P. AGENDA REVIEW
Items V .3.a (Authorization to Apply for Maritime Administration Grants), V .8.a (Purchase of Four Police Motorcycles), and V .8.b (Purchase of One Crosswind Street Sweeper) were removed from the Consent Calendar for discussion. Item V .3.a was moved to be heard after Item W.1 (Report by the West Contra Costa Fire Safe Council).

Item W.2 (Contract with the Richmond Police Activities League to Provide Workforce Training and Work Experience Opportunities) was continued to the May 2, 2023, meeting.
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Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’ COMPENSATION CLAIMS (Pursuant to Government Code § 54956.95)
• Claimant: Employee - Police DepartmentFive Claims: 18000105COR, 17000123COR, 21000065COR, 21000140COR, 21000141CORAgency Claimed Against: City of Richmond
Direction given for settlement negotiations.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
Not discussed.

C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit
and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Discussed. Direction given for continued negotiations.

C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette BeachamNegotiating parties: Richmond Grown Under negotiation: Price and terms of payment Not discussed.
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the northAgency negotiators: Anita Luck, Lina Velasco, Jesus Morales,and Nannette BeachamNegotiating parties: Miraflores Community Devco, LLCUnder negotiation: Price and terms of payment Not discussed.

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R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl gave a status update on the proposed contract for strategic planning, which was discussed at the April 4, 2023, City Council meeting. Ms. Curl reported that the Pivotal Group Consultants elected not to move forward with the City.

Ms. Curl informed the Council that Henry Gardner expressed willingness to assist with strategic planning and goal setting. She gave information on surrounding Cities that have a formal strategic plan and provided details of Mr. Gardner's availability for Council's consideration.

Ms. Curl announced that an upcoming Earth Day beautification volunteer event would be held at Nystrom Village on Saturday, April 22, 2023, from 9:00 a.m. to 11:30 a.m.

Community members were encouraged to contact the City Manager's office at (510) 620- 6512 for more information. Ms. Curl also announced there would be another event held on Earth Day at Unity Park from 12:00 p.m. to 1:00 p.m. with activities and food trucks present.

S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) (public comments allowed under Open Forum)
Councilmember Robinson reported the following: attended a conference in Sacramento regarding City and County collaboration to improve the homelessness crisis; the RecycleMore Board was making efforts to get multi-family residences in compliance with state laws requiring green waste bins; The Recreation and Parks Commission had expressed interest in evaluating existing park space to create more soccer fields and the need for an arborist; The Urban Forestry Advisory Committee was looking for locations for Arbor day tree planting and Councilmember Robinson encouraged members of the public to contact her with any suggested locations.

Vice Mayor McLaughlin announced that the City of Richmond's annual Literacy Festival would be held on April 29, 2023, from 1:00 p.m. to 4:00 p.m. in the Civic Center Plaza.

Councilmember Zepeda reported the following: attended promotional ceremonies and congratulated Police and Fire department staff that were promoted; the City of Richmond Cinco de Mayo parade would be held on May 6, 2023; the Environmental and Community Investment Ad Hoc Committee was seeking more members; cautioned community members to be careful with what they put in recycling receptacles; the Richmond-Shimada Friendship Commission was also seeking more members; the Parchester Community Center would be open soon. Councilmember Zepeda announced he would be holding a Strategy meeting for District 2 residents that was tentatively scheduled for May 20, 2023.

Councilmember Bana thanked City staff for their efforts in creating a contract that would assist with making City buildings solar powered. Councilmember Bana reported that she attended a conference in Sacramento hosted by the League of California Cities regarding County and City collaboration to improve the homelessness crisis.

Councilmember Jimenez announced a peace walk would be held on April 21, 2023, starting at Wendell park at 6:30 p.m.

Mayor Martinez announced that the Fencelines art installation would be exhibited on April 22, 2023, at the Richmond Parkway Bay Trail between Gertrude Avenue and Vernon Avenue.

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T. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Reimagining Public Safety Community Task Force member Jamin Pursell reported on new members appointed to the task force, current vacancies and the transition to in person meetings. Mr. Pursell reported that the Reimagining Public Safety Community Task Force meetings were every fourth Wednesday of the month from 5:30 p.m. to 7:30 p.m. Mr. Pursell announced that the next meeting would be held in the Bermuda Room, located within the Richmond Memorial Auditorium. Mr. Pursell announced that a community forum was scheduled for June 3, 2023, at 10:00 am. He encouraged members of the community to save the date and noted that the location would be announced at a later date. Mr. Pursell gave an update on the Reimagining Public Safety Community Task Force Fiscal Year 2022-2023 Budget.

U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in-person:

Mark Wassberg gave comments on members of the transgender community in sports and major company endorsements.

Don Gosney gave comments on his previous work experience and career choices. Mr.

Gosney announced that Plumbers & Steamfitters Local 342 had opportunities for those looking for a long term career. Mr. Gosney urged interested community members to contact him at (510) 685-2403 or via email at [email protected].

Patricia Perez gave comments regarding the police shooting of Pedie Perez and expressed concerns regarding lack of acknowledgement of the incident. Ms. Perez gave comments regarding the City's former Police Chief and a 2020 police brutality case in Tucson, Arizona.

Julie Perez gave comments regarding the police shooting of Pedie Perez and expressed concerns regarding the accuracy of the witness statements recorded by officers. Ms. Perez also expressed concerns regarding conflicts of interest with officers involved in the case serving on the Community Police Review Commission.

Rick Perez gave comments regarding the culture of policing and expressed concerns with the way officers interact with the public.

Jamin Pursell gave comments expressing appreciation to the City Council for upholding its stance in support of Resolution 92-17. Mr. Pursell announced that a Peace Walk would be held on April 21, 2023, at 6:30 p.m. at Wendell Park at 26th and Eastern Avenue. Mr. Pursell announced that the Nystrom Village beautification would be held at 250 South 13th Street. Mr. Pursell announced there would be a youth action research night on May 13, 2023, from 4:30 p.m. to 8:00 p.m. at 1350 23rd Street. Mr. Pursell announced that Richmond Rainbow Pride would be holding its first in person meeting on June 4, 2023, in the Civic Center Plaza.

LaShonda White announced that on April 29, 2023, from 10:00 a.m. to 1:00 p.m. Parks Prescription Day would be held at Nicholl Park. Ms. White announced that the Annual Literacy Fair would take place on April 29, 2023, from 1:00 p.m. to 4:00 p.m. at Civic Center Plaza. Ms. White also encouraged members of the community to take the Community Crisis Response Program survey.

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The following individuals gave comment via teleconference:

John Varga gave comments regarding the City's class and compensation study and ongoing labor negotiations. Mr. Varga encouraged the City Council to work with the Unions representing City staff to implement the class and compensation study.

Ryan Lau encouraged members of the community to take an AC Transit survey at AC transit.org/realign to help the organization update and improve its services.

Deborah Bayer gave comments regarding the police shooting of Pedie Perez. Ms. Bayer suggested a Council agenda item be brought forth to give the community more information on the incident.

Jessi Taran gave comments on funding being allocated towards homelessness and safe parking areas for the unhoused.

Deborah Small encouraged members of the community to attend an upcoming community forum on June 3, 2023, hosted by the Reimagining Public Safety Task Force to give input around traffic safety as well as other topics of concern.

V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Soheila Bana
To approve all items on the Consent Calendar excluding items V .3.a, V .8.a, V .8.b.

Ayes (7): Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Passed (7 to 0)
Councilmember Doria Robinson abstained on items V .6.a and V .6.e due to a conflict of interest.

V. 1 City Council
V .1.a Compile a List of Existing Senior Programs/Services and Identify Gaps DIRECT staff to compile an interdepartmental list, to be provided to the City Council prior to May 5, 2023, of all programs, services and projects currently available to our senior population and identify gaps in various areas - Vice Mayor Gayle McLaughlin (510-620-6366).

V. 2 Community Development
V .2.a Purchase of K-rails with Gawk Screens for Temporary Bay Trail Detour at Castro Encampment
APPROVE the purchase of K-rails with gawk screens from 48Barriers, in an amount not to exceed $41,129.75, which includes a 15 percent contingency of $5,364.75 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

V .2.b Zoning Ordinance and Zoning to codify the Richmond Livable Corridors Form-Based Code (FBC) as new Series 15.04.400 in the Richmond Municipal Code (RMC), and related consistency amendments 181

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ADOPT an ordinance (second reading) adopting the proposed Zoning Text and Map Amendments adding a new Series 15.04.400 Form-Based Code Zoning Districts in the Richmond Municipal Code (RMC) and Zoning Map, as well as associated amendments to Series 100 and 800 of the RMC – Community Development Department (Lina Velasco/Hector Rojas 510- 621-1220/ Roberta Feliciano 510-620-6662).

Adopted Ordinance No. 04-23
V. 3 Economic Development
V .3.a Authorization to Apply for Maritime Administration Grants ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all Maritime Administration grants for which the City of Richmond is eligible, to execute all necessary and related agreements; and to ACCEPT and APPROPRIATE grant awards into the General Fund – Economic Development Department (Nannette Beacham/Lizeht Zepeda/Lilia Corral 510-620-6512).

Management Analyst Lilia Corral introduced the item. Ms. Corral and Senior Business Assistant Officer Lizeht Zepeda presented a PowerPoint highlighting the following: The Purpose/Need for the Requested Grant; Background on the Department of Transportation Grant; and the Proposed Resolution/Recommendation. Discussion ensued.

Mayor Martinez made a motion to adopt a resolution authorizing the city manager or their designee to submit grant applications for any and all Maritime Administration grants for which the City of Richmond was eligible.

Councilmember Robinson seconded the motion and offered a friendly amendment that the staff recommendation be approved as is, excluding the portion that states that if awarded the grant can be accepted and appropriated into the general fund, and instead staff would come to Council for input prior to accepting any grant awards. City Manager Shasa Curl suggested that staff provide quarterly grant reports to the Council.

Councilmember Jimenez suggested that the friendly amendment be to adopt the resolution excluding the third Be it Therefore Resolved. Mayor Martinez and Councilmember Robinson accepted the friendly amendment suggested by Councilmember Jimenez.

A substitute motion was made by Vice Mayor McLaughlin, seconded by Councilmember Bana to adopt the resolution as is with the addition of a monthly report of grants received to be presented to council on the consent calendar.

Following discussion, Vice Mayor McLaughlin modified her substitute motion to adopt the resolution as is with direction that staff provide quarterly reports to Council on the consent calendar of all maritime grants sought or received, with the inclusion of a friendly amendment offered by Councilmember Zepeda that staff must come to Council as soon as possible in any instances where grants may need to be returned.

Councilmember Bana accepted the modification and friendly amendment to the substitute motion.

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The substitute motion passed, and Resolution No. 35-23 was adopted by the following vote: Ayes: Councilmembers Bana, Willis, Zepeda, and Vice Mayor McLaughlin. Noes: Councilmembers Jimenez, Robinson, and Mayor Martinez. Abstentions: None. Absent: None.

Result: Passed
Adopted Resolution No. 35-23
V. 4 Finance Department
V .4.a Resolution Changing the Due Date of Business Tax for Rental Properties from March 1, 2023 to July 1, 2023
ADOPT a resolution temporarily changing the due date for business tax payments from rental businesses from March 1 to July 1 for calendar year 2023 – Finance Department (Nickie Mastay/Mubeen Qader/Antonio Banuelos 510-620-6741).

Adopted Resolution No. 36-23
V. 5 Library and Community Services
V .5.a Richmond Rapid Response Fund (R3F) Update
RECEIVE a written report from the Richmond Rapid Response Fund Program (R3F) including updates on funds disbursed, residents served, and strategic plan and guaranteed income program development – Community Development Department/Community Services Department (Lina Velasco 510-620-6841/LaShonda White 510-620-6828). This item was continued from the April 4, 2023, meeting.

V. 6 Mayor's Office
V .6.a Proclamation Recognizing the 54th Annual Professional Municipal Clerks' Week
PROCLAMATION recognizing the week of April 30 through May 6, 2023, as 54th Annual Professional Municipal Clerks’ Week in the City of Richmond - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

Councilmember Doria Robinson abstained on this item due to a conflict of interest.

V .6.b Appointments to Municipal Wastewater Oversight Ad Hoc Committee APPROVE the appointments of Mayor Eduardo Martinez,
Councilmember Cesar Zepeda, and Councilmember Doria Robinson to the Municipal Wastewater Oversight Ad Hoc Committee — Mayor's Office (Mayor Eduardo Martinez 510-620-6503)
V .6.c Appointment to the Commission on Aging
APPOINT Bryan M. Harris to the Commission on Aging, to fill an unexpired term, Term Expires May 19, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V .6.d Appointment to the Recreation and Parks Commission APPOINT Arleide Santos to the Recreations and Parks Commission, to fill an unexpired term, Term Expires October 26, 2024 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

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Richmond City CouncilSeptember 12, 2023

Richmond City Council
September 12, 2023