PLEASE NOTE: HYBRID MEETING FORMAT
AGENDA(s)
-SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
-SPECIAL MEETING OF THE RICHMOND CITY COUNCIL/SUCCESSOR AGENCY TO THE RICHMOND
COMMUNITY REDEVELOPMENT AGENCY
-REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, December 19, 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: MASKS ARE STRONGLY ENCOURAGED!!
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
HOW TO WATCH THE MEETING FROM HOME:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
HOW TO SUBMIT PUBLIC COMMENTS:
In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.
Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.
Open Session and City Council: Please click the link below to join the webinar:
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Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
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International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** 12-19-2023 CC Mtg.
2 **The mayor will announce the agenda item number and open public comment when appropriate.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
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).
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.
Click here for City Harassment Policy
12-19-2023 CC Mtg.
3 Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
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
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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 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
•
Pena v. City of Richmond, et al.•
Farmers Insurance Exchange v. City of Richmond, et al.• State of Texas, et al. v. United States of America, et al.• C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch
Negotiating Parties: McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RNHS)
Under negotiation: Price and terms of payment
•
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
City Designated Representative: Dave Aleshire, City Attorney Unrepresented employee: City Manager
•
C.4 CONFERENCEWITH 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
12-19-2023 CC Mtg.
5 D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 12-19-2023 CC Mtg.
6 F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:00 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 PUBLIC HEARINGS
L.1 United States Department of Housing and Urban Development (HUD) Housing Authority Annual Plan
17 HOLD a public hearing; ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual Plan; and AUTHORIZE submission of the proposed Annual Plan to the US Department of Housing and Urban Development (HUD) - Richmond Housing Authority (Gabino Arredondo 510-620-6606).
M. ADJOURNMENT
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7 N. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL/SUCCESSOR AGENCY
TO THE RICHMOND COMMUNITY REDEVELOPMENT AGENCY
6:25 p.m.
O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. AGENDA REVIEW
R. SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY REDEVELOPMENT
AGENCY CONSENT CALENDAR
R.1 Approval of the Recognized Obligation Payment Schedule (ROPS 24-25) and the Administrative Budget for the Period July 1, 2024 through June 30, 2025 50 ADOPT a resolution approving the Recognized Obligation Payment Schedule (ROPS 24-25) and the Administrative Budget for the Period July 1, 2024, through June 30, 2025 – Community Development Department (Lina Velasco 510-620-6841).
S. ADJOURNMENT
__________________________________________________
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8 T. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
U. ROLL CALL
V. STATEMENT OF CONFLICT OF INTEREST
W. AGENDA REVIEW
X. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
Y. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) Z. 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)
AA. 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)
AB. 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.)
AB.1 City Attorney's Office
AB.1.a Legal Services Agreement with Maloney Employment Law 62 APPROVE a Legal Services Agreement with Maloney Employment Law for a total amount not to exceed $350,000, with a term beginning July 1, 2023, through June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6505).
AB.2 City Clerk's Office
AB.2.a Cancellation of January 9, 2024, Regular City Council Meeting 86 APPROVE the cancellation of the January 9, 2024, Regular City Council meeting and hold regular meetings on January 16 and 30, 2024 - City Clerk’s Office (Pamela Christian 510-620-6513).
AB.3 City Council
AB.3.a Amendment to Chapter 3.54 of the Richmond Municipal Code to match the state definition of “serious bodily injury” under Penal Code Section 243(f)(4).
88 DIRECT the city attorney to amend Ordinance 3.54 Community Police Review Commission of the Richmond Municipal Code to match the State’s definition of “serious bodily injury” under Penal Code Section 243(f)(4) – Councilmember Jimenez (510-620-6565). 12-19-2023 CC Mtg.
9 AB.3.b Provide Guidance to Staff Regarding the Keller Beach Sewer Project
99 DIRECT staff to (1) use every available option provided by the Baykeeper Settlement Agreement, including replacing or repairing existing sewer pipes, with the last option to move up into the street level; and (2) hire a new contractor to provide a second opinion/peer review on work performed by Coastland and to assess all options provided by the Baykeeper Settlement Agreement – Councilmember Cesar Zepeda (510-620-6593).
AB.3.c Richmond-Shimada Friendship Commission Year-end Report 101 RECEIVE the Richmond-Shimada Friendship Commission Annual Report – Councilmember Zepeda (510-620-6593)
AB.3.d Feasibility Study of Dynamic Personal Micro Transit System to Connect West County Cities to Local Transportation Hubs 105
DIRECT staff to conduct a Feasibility Study for implementation of a Dynamic Personal Micro Transit (DPMT) system to connect the Richmond Ferry Terminal, BART, and Hilltop Mall – Councilmember Zepeda (510-620-6593) and Councilmember Jimenez (510-620- 6565).
AB.3.e Proposed Council Chamber Art Exhibit Pilot Program 108 DIRECT staff to facilitate public art in the Council Chambers in an amount not to exceed $5,000; and AUTHORIZE the city manager or her designee to negotiate and enter into any required agreements or contracts - Councilmember Cesar Zepeda (510-620-6593),
Councilmember Claudia Jimenez (510-620-6565), and
Councilmember Soheila Bana (510-620-6743).
AB.4 City Manager's Office
AB.4.a Contract with Public Works LLC to Support the Development of a Community Needs Assessment and Strategic Investment Plan 112
APPROVE a contract with Public Works LLC in the amount of $215,500, with a $14,500 contingency, for a not-to-exceed total contract amount of $230,000, to support the Department of Children and Youth in the development of a Community Needs Assessment and Strategic Investment Plan, with a contract term from December 20, 2023, through December 31, 2024 – City Manager’s Office (LaShonda White 510-620-6828/Patrick Seals 510-307-8016). 12-19-2023 CC Mtg.
10 AB.4.b Proposed FY 2024-2025 Environmental Community and Investment Agreement (ECIA) Competitive Grant Program
288
APPROVE the Fiscal Year 2024-2025 Environmental and
Community Investment Agreement (ECIA) competitive grant program annual allocation of $606,000; and AUTHORIZE the release of the Request for Application and Guidelines – City Manager’s Office (LaShonda White/Shané Johnson/Patrick
Seals/Guadalupe Morales 620-6512).
AB.5 Community Development
AB.5.a Amendment No. 1 to Contract with Housing Consortium of the East Bay (HCEB) for Rapid Rehousing and Housing Navigation Services for the Castro Encampment Resolution Funding Round 1 Project 328
APPROVE an Amendment No. 1 to the contract with Housing Consortium of the East Bay to increase the contract amount by $934,263, for a total not to exceed contract amount of $2,198,686, for a term through June 30, 2024, to be funded using the City’s Encampment Resolution Funds – Community Development
Department (Lina Velasco/Jesus Morales 510-620-6649).
AB.5.b Written Report of Draft Equitable Public Land Disposition Policy 381 RECEIVE a written report regarding the Draft Equitable Public Land Disposition Policy that will be presented for discussion in January - Community Development Department (Lina Velasco/Kaitlyn
Quackenbush 510-620-6841).
AB.5.c Sole-Source Contract with NELB Consultants, LLC for On-Call Economic and Financial Analysis Services
403
APPROVE a sole-source contract with NELB Consultants LLC, for an amount not to exceed $200,000, to continue to support the City in financial and economic analyses related to real property negotiations and project evaluation, with a term beginning December 19, 2023, and ending December 31, 2025 – Community Development Department (Lina Velasco 510-620-6706/Jesus Morales 510-621-1220).
AB.5.d Way2Love Contract Amendment 439
APPROVE a contract amendment No. 2 with Way2Love, Inc., to increase the contract amount by $2,774,543.26, for a new total contract amount not to exceed $3,019,543.26, to provide project management, housing navigation, case management, and
employment support services for the City’s Encampment Resolution Funding (ERF) Round 2 project, for a term extended through June 30, 2025, to be funded by the City’s ERF Round 2 award – Community Development Department (Lina Velasco 510-620- 6841/Jesus Morales 510-621-1220).
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11 AB.5.e Contract Amendment No. 3 with RCF Connects for Emergency Shelter Services
497
AUTHORIZE the city manager to negotiate and execute a contract amendment no. 3, for up to $700,000, with RCF Connects to provide emergency shelter services, including leasing motel rooms or other appropriate housing for emergency shelter purposes, until June 30, 2024, for a total contract amount not to exceed $2,961,717 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).
AB.5.f Short-term Rental Assistance Provider Contract 558 AUTHORIZE the city manager to negotiate and execute a contract with RCF Connects to administer a rental assistance program, to be funded using American Rescue Plan Act (ARPA) funds, for a not-to- exceed amount of $250,000, through June 30, 2024 - Community Development (Lina Velasco/Jesus Morales 510-620-6841).
AB.6 Economic Development
AB.6.a Communities Local Energy Action Program (C-LEAP) Pilot Richmond Report
560
RECEIVE the Communities Local Energy Action Program (C-LEAP) written research report – Economic Development Department (Nannette Beacham/Samantha Carr 510-620-5407).
AB.6.b Processing Building Window Repair – Rejection of Bids 655 APPROVE the rejection of the bids received for the Processing Building Window Repair – Economic Development Department, Port (Charles Gerard 510-620-6792).
AB.6.c CivicSpark AmeriCorps Fellows Second Contract Amendment 657 APPROVE a second amendment to the contract with CivicWell (formally Local Government Commission) for two fellows during the Fiscal Year (FY) 2023-2024 CivicSpark service year, increasing the contract amount by $15,000, for a new total contract amount not to exceed $135,000, with an extended term through December 31, 2024 – Economic Development (Nannette Beacham/Samantha Carr 510-620-5407).
AB.6.d Annual Solid Waste Rate Adjustment 679
ADOPT a resolution to update the 2024 Solid Waste Collection Rates – Economic Development (Nannette Beacham/Samantha Carr 510-620-5407).
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12 AB.7 Finance Department
AB.7.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of October 2023
695
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of October 2023 – Finance Department (Andrea Miller 510-620-6740).
AB.8 Information Technology
AB.8.a OMNIA Cooperative Purchase Agreement for City-wide Goods and Services from Ring Central
711
ADOPT a resolution approving the use of OMNIA Cooperative Purchasing Agreements with Ring Central, in an amount not to exceed $500,000 per year, for a term beginning December 19, 2023, and ending September 30, 2025 – Information Technology Department (Sue Hartman 510-620-6874).
AB.8.b iMS 1014
ADOPT a resolution authorizing a contract with Intuitive Municipal Solutions (iMS) for an Enterprise Community Development and Land Management System; and APPROVE a five-year contract with iMS to acquire, install, implement, and receive ongoing technical support for the iMS Suite Software as a Service (SaaS), ePermitHub, Selectron, and CORE Business Technologies, in the amount of $1,529,213.17, plus an approximate fifteen percent contingency of $229,382.83 to pay for integrations with the Enterprise Resource Planning System, for a total amount not to exceed $1,758,596 - Information Technology Department (Sue Hartman 510-620-6874/Sandi Wong 510-620-6745).
AB.9 Library and Community Services
AB.9.a Love Your Block (LYB) Mini-Grant Program Fiscal Years 2023-2025 1340 APPROVE the Fiscal Years (FY) 2023-2025 Love Your Block Mini- Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement; and AUTHORIZE the city manager or their designee to administer grant award agreements and disburse grant funds up to a total amount not to exceed $80,000, upon selection of recipients – Community Services Department, Recreation Division (LaShonda White 510-620-6828/Stephanie Ny 510-620-6563).
12-19-2023 CC Mtg.
13 AB.9.b Sole-Source Contract with Oakland Private Industry Council to Serve as the RichmondWORKS Program Contracting/Vendor Pay Agent
1385
APPROVE a sole-source contract with the Oakland Private Industry Council, in an amount not to exceed $579,909.38, to provide additional services as the Contracting/Vendor Pay Agent for RichmondWORKS, Workforce Innovation and Opportunity Act (WIOA), and other grant-funded program participants in the form of Individual Training Accounts (ITAs) and On-the-Job Training (OJT) contracts, through June 30, 2025 – Community Services
Department, Employment and Training Division – (LaShonda White 510-620-6828/ Tamara Walker 510-307-8006).
AB.10 Police Department
AB.10.a Memorandum of Understanding (MOU) with the Richmond Police Activities League (RPAL)
1434
APPROVE and AUTHORIZE the city manager to sign a
Memorandum of Understanding (MOU) between the City of
Richmond and the Richmond Police Activities League (RPAL) to subsidize RPAL staff and programs, ensuring that academic, athletic, and life-skills services offered by RPAL will continue for the period July 1, 2023, through June 30, 2025, in an amount not to exceed $650,000 ($325,000 annually for two years) – Police Department (Chief Bisa French 510-621-1802).
AB.10.b Contract Amendment No. 1 with Rahul Maharaj for Dispatch Call Center 911 Quality Assurance
1447
APPROVE a first contract amendment with Rahul Maharaj in the amount of $50,000, for a new total contract not to exceed $109,400, with an extended term through June 30, 2026, for the quality assurance of emergency medical calls – Police Department (Chief Bisa French 510-621-6913).
AB.10.c Fifth Contract Amendment with Universal Protection Service LLC, dba Allied Universal Security Services
1474
APPROVE the fifth contract amendment with Universal Protection Service LLC dba, Allied Universal Security Services in the amount of $698,246.55, for a total contract amount not to exceed
$2,716,499.95, and to extend the contract expiration to December 31, 2024 – Police Department (Chief Bisa French 510-621-1802).
AB.10.d Crime Report from Police Chief 1542
Receive a written crime report from the police chief - Police Department (Chief Bisa French 510-621-1802).
12-19-2023 CC Mtg.
14 AB.10.e Richmond Police Department Assigned Vehicle Program (AVP) 1545 APPROVE the immediate implementation of the Richmond Police Department’s Assigned Vehicle Program for an amount of $141,790 annually – Police Department (Chief Bisa French 510-621-1802).
AB.11 Public Works
AB.11.a Abatement Report from the Public Works Director 1584 Receive a written abatement report from the public works director - Public Works Department (Daniel Chavarria 510-620-5478).
AB.11.b Accept and appropriate CTC State Transportation Improvement Program (STIP) fund and award Right-of-Way Acquisition and Appraisal Professional Services contract for the Interstate 80 (I- 80)/Central Avenue Interchange Improvements Phase II Project STPL-5137
1599
ADOPT a resolution to (1) ACCEPT and APPROPRIATE the
California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund of $4,500,000 for Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137 for the right of way phase; and (2) AUTHORIZE the city manager or their designee to execute a contract with Monument ROW Services in an amount not to exceed $601,050.49, which includes a contract amount of $500,875.41 plus twenty-percent contingency in the amount up to $100,175.08, from December 19, 2023, through June 30, 2026, for right of way acquisition and appraisal services for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50) – Public Works Department (Daniel Chavarria/Ken Cheng 510-621-1612).
AB.11.c Award Engineering and Design Professional Services Contract for Harbour & Wright Section 130 Rail Crossing Federal Project No.
STPLR-7500(0282)
1746
ADOPT a resolution authorizing the execution of an engineering and design professional services contract with CSW|ST2 for the Harbour & Wright Section 130 Rail Crossing Federal Project No. STPLR- 7500(0282), in an amount not to exceed $255,056; and
AUTHORIZE the director of public works to approve change orders, if necessary, and a contingency amount of up to $20,944 - Public Works Department (Daniel Chavarria 510-620-5478/ Ken Cheng 510-621-1612)
12-19-2023 CC Mtg.
15 AB.11.d Resolution to approve the Sole Source contract for CSW|ST2 for the Richmond Art and Lighting Project
1936
APPROVE a sole-source contract with CSW|ST2 to provide
professional design services to implement the scope of work described in the Clean California Enhancement Proposal for the Richmond Art and Light Project, in an amount of $485,526, for a term from November 1, 2023 to December 31, 2025 – Public Works Department (Daniel Chavarria 510-620-6639/Josef Munoz 510-620- 6671/ Jene Levine-Snipes 510-307-8132).
AC. STATE OF THE CITY
AC.1 State of the City Address by Mayor Eduardo Martinez 2008 RECEIVE the Annual State of the City Address from Mayor Eduardo Martinez – Mayor Eduardo Martinez (510-620-6503).
AD. NEW BUSINESS
AD.1 Presentation on AB-617 guided Community Emission Reduction Plan 2010 RECEIVE a presentation from the Community Emission Reduction Plan (CERP) steering committee (guided by AB-617) to explain the oversight and new rules pertaining to Bay Area Air Quality Management District (BAAQMD) - Mayor's Office (Mayor Eduardo Martinez 510-620-6503)
AD.2 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the corresponding rates.
2031
INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – City Attorney's Office (Dave Aleshire 510-620-6509; Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).
AD.3 Amendments to Richmond Municipal Code Chapter 6.48 Gas Shut-Off Devices 2042 INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Chapter 6.48 adding a point-of-sale trigger to add a gas shut off device, in addition to the current construction trigger – Community Development Department (Lina Velasco/Chris Castanchoa 510-620-6764).
AE. ADJOURNMENT
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16
December 19, 2023
Richmond Housing Authority (RHA)
Economic Development
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nannette Beacham, Director of Economic Development
Gabino Arredondo, RHA Interim Executive Director
Subject:
United States Department of Housing and Urban
Development (HUD) Housing Authority Annual Plan
FINANCIAL IMPACT: There is no financial impact. However, submission of the Annual Plan is a HUD requirement, and failure to do so
can result in sanctions including reduced funding.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Every Public Housing Authority administering a Low-
Income Public Housing Program is required to submit an
Annual Plan to HUD. RHA staff is requesting that the
Board receive comments and adopt a resolution
approving the Housing Authority Annual Plan.
RECOMMENDED ACTION: HOLD a public hearing; ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual Plan; and
AUTHORIZE submission of the proposed Annual Plan to
the US Department of Housing and Urban Development
(HUD) - Richmond Housing Authority (Gabino Arredondo
510-620-6606).
DISCUSSION:
Every Public Housing Agency (PHA) administering a Low-Income Public Housing Program is required to submit an Annual Plan to the US Department of Housing and Urban Development (HUD). The plan serves as the annual application for grants to AGENDA
REPORT
17
December 19, 2023
support improvements to public housing buildings. It is through the Annual Plan that a PHA receives capital funding. Additionally, the Annual Plan outlines if the PHA intends to undertake any new activities in the fiscal year and gives the PHA an opportunity to describe any progress on mission and goals. For RHA the proposed Annual Plan outlines ongoing progress and activities related to implementation of asset repositioning activities from the current Public Housing Authority Recovery and Sustainability (PHARS) Agreement (Attachment 2).
The elements of the Annual Plan are found at 24 Code of Federal Regulations, Part 903 Public Housing Plans, and were addressed as follows:
1. Public Annual Notice. Initiation of the Annual Plan process, and the ability to provide comment, was posted on September 7, 2023, on the Richmond Housing Authority (RHA) website and Housing Advisory Commission (HAC) meeting and agenda packet notification listserv which can also be accessed on the RHA website. This commenced the 45-day comment period. During the Housing Advisory Commission meeting, RHA staff added an Agenda Item on September 11, 2023, regarding the annual plan process. Background information on the annual plan was presented and options were made available for the commissioners and the public to provide public comments. A notice for the Annual Plan public hearing was also published in the local newspaper (West County Times) on November 4, 2023.
a. HAC Agenda Website
https://www.ci.richmond.ca.us/Archive.aspx?AMID=153
September 11, 2023, Meeting Agenda
b. RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan
2. Dissemination of Information. The Annual Plan was posted on RHA’s website and distributed electronically to the Housing Advisory Commissioners and members who are on the listserv for the meeting. A hard copy of the Annual Plan was also made available at the RHA Administrative Office.
3. Opportunity for Comment. The Housing Advisory Commission met on September 11, 2023, to review the Annual Plan and allow the public to ask questions and provide comments. The Annual Plan was also posted on the RHA website and Housing Advisory listserv with details on how to provide comments electronically or in person. A copy of the Annual Plan is available for review at the RHA offices.
4. Public Hearing. The meeting on the evening of December 19, 2023, represents the final opportunity for the public to comment on the Annual Plan before adoption.
It is important that the Board of Commissioners act at this meeting, authorizing submission of the Annual Plan.
18
December 19, 2023
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Attachment 2 - Housing Authority Annual Plan for Fiscal Year 2023-24
19 Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A
RESOLUTION APPROVING THE HOUSING AUTHORITY ANNUAL PLAN AND
AUTHORIZING SUBMISSION OF THE PROPOSED ANNUAL PLAN TO THE US
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, housing authorities are required to submit an Annual Plan to the U.S.
Department of Housing and Urban Development (HUD); and
WHEREAS, discretionary priorities, activites, and policies utilized in the Public Housing program are contained in the Annual Plan; and
WHEREAS, the Annual Plan was made available for public review and comment by posting on the Richmond Housing Atuhority (RHA) website on September 7, 2023; and WHEREAS, on September 11, 2023, the Housing Advisory Commission met to review the Annual Plan, provided comments that were incoprated, and consented to the documents being presented to the Board of Commissioners for approval; and WHEREAS, additional comments may be forthcoming and will be accepted and incorporated till the date of the public hearing; and
WHEREAS, the public at large will be given an opportunity to present additional comments or questions during the public hearing scheduled for December 19, 2023.
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 Housing Authority Annual Plan is approved and the Executive Director is authorized to submit of the Annual Plan to HUD.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
20 Reso. No. ____
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 December 19, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
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 December 19, 2023.
____________________________________
CLERK OF THE HOUSING AUTHORITY
21 Annual PHA Plan
(Standard PHAs and
Troubled PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 03/31/2024
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.
Applicability. The Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.
A.
PHA Information.
A.1
PHA Name: __Richmond Housing Authority (RHA)__________________________________________ PHA Code: __CA010_____________ PHA Type: Standard PHA Troubled PHA
PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/2023___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units __267___ Number of Housing Choice Vouchers (HCVs) _____0_____Total Combined Units/Vouchers 267____________
PHA Plan Submission Type: Annual Submission Revised Annual Submission
Availability of Information. PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.
Richmond Housing Authority
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia
No. of Units in Each Program
PH HCV
Lead PHA:
B.
Plan Elements
22 B.1
Revision of Existing PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA?
Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Grievance Procedures.
Homeownership Programs.
Community Service and Self-Sufficiency Programs.
Safety and Crime Prevention.
Pet Policy.
Asset Management.
Substantial Deviation.
Significant Amendment/Modification
(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):
Financial Resources - Changes in the flow of HUD funding will result from implementation of the Public Housing Recovery and Sustainability Agreement (2019 PHARS, Attachment 1) with HUD as units are removed from PIC.
Substantial Deviation – Continuation of asset repositioning transitioning public housing to section 8 platform. At the end RHA will not own or manage the units under section 9 program.
(c) The PHA must submit its Deconcentration Policy for Field Office review.
B.2
New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?
Y N
Hope VI or Choice Neighborhoods.
Mixed Finance Modernization or Development.
Demolition and/or Disposition.
Designated Housing for Elderly and/or Disabled Families.
Conversion of Public Housing to Tenant-Based Assistance.
Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD.
Occupancy by Over-Income Families.
Occupancy by Police Officers.
Non-Smoking Policies.
Project-Based Vouchers.
Units with Approved Vacancies for Modernization.
Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project-based units and general locations, and describe how project basing would be consistent with the PHA Plan.
Richmond Housing Authority intends to pursue either RAD or Section 18 Disposition approval for its existing Public Housing properties. These include:
Nystrom Village 100
Richmond Village I 70
Richmond Village II 61
Richmond Village III 36
RHA will work with the Housing Authority of Contra Costa County (Housing Choice Voucher Administrator), to obtain the necessary Tenant Protection Vouchers and/or Project-Based Vouchers (using either RAD PBV or local PBV) to support RHA’s conversion of its Public Housing.
Statement of Housing Need
Housing need in the City of Richmond resembles the need within Contra Costa County. The 2020- 2025 Consolidated plan for Contra Costa County, "The area of greatest need is among renters in the extremely low-income category: 30,485 households, or 45 percent, experience substandard housing, overcrowding, or cost burden. Of those, 69 percent suffer from a cost burden of greater than 50 percent of Income.” While the nominal data will be different within the City of Richmond, the magnitude of need will be similar.
Citation and access to additional information - 2020 - 2025 Consolidated Plan https://www.contracosta.ca.gov/7204/2020---2025-Consolidated-Plan 23
An additional resource which outlines the housing need is the recently adopted City of Richmond Housing Element Section II Projected Housing Need (pg. 17 to 18). “The Regional Housing Needs Allocation (RHNA) for Richmond is shown in Table II-2. The City has a total allocation of 3,614 units for the 2023 to 2031 planning period. Extremely Low and Very Low = 840, Low = 485, Moderate = 638, Above Moderate = 1,651” (pg. 18, 2023-2031 Housing Element) and Appendix A: Demographic Housing Needs Assessment pg. 63 to 136 - Richmond has a higher rate of overcrowding than the rest of the region. In 2017, 9.4 percent of Richmond residents faced overcrowded conditions, while 5.1 percent of Contra Costa County residents and 6.9 percent of residents in the Bay Area experienced overcrowding. - Household income in Richmond is lower than in Contra Costa County. In 2019, the County’s median household income of $99,716 was 46 percent higher than Richmond’s median household income of $68,472. - In Richmond, 15 percent of the total population (14,712 residents) is below the federal poverty level, which is higher than the rate of Contra Costa County residents (9 percent).
- A greater share of Richmond households are cost-burdened households compared to Contra Costa County. Of Richmond’s households, nearly half are cost-burdened, spending 30 percent or more of their income on housing. Among cost-burdened households in Richmond, 20 percent are severely-cost burdened. In the County and the Bay Area, 36 percent of households are cost-burdened and 16 percent are severely cost burdened.
- Renters in Richmond are typically more often cost-burdened than homeowners. Over half of renter households are cost-burdened, spending 30 percent or more of their income on housing, while around a third of households that own their home are cost-burdened.
Additionally, 25 percent of renters are severely cost-burdened, while 14 percent of owners are severely cost-burdened. - Seniors (65 years and above) make up approximately 13.4 percent of Richmond’s population. Out of the total senior population, approximately 39 percent are cost burdened. Seniors are a designated special needs population under housing element law. Seniors can face higher levels of housing insecurity because they are more likely to be on a fixed income while requiring higher levels of care. - Richmond’s other special housing needs populations include persons with a disability that may require accessible housing (12.6 percent of residents) and female-headed households who are often at greater risk of housing insecurity (17 percent of households).
Citation and access to additional information - 2023-2031 Housing Element https://www.ci.richmond.ca.us/DocumentCenter/View/66913/6th-Cycle-Housing-Element_Certified?bidId=
Richmond’s Plan to Address Need
- RHA’s fundamental plan and contribution for addressing the affordable housing need in the City of Richmond is to preserve or replace the existing Public Housing units in RHA’s portfolio through either RAD or Section 18 Disposition. RHA will work with partners to bring about the preservation or redevelopment projects that provide housing options for a similar population that are currently housed.
This activity goes directly to addressing the housing need within the City of Richmond and implementation of the 2019 PHARS Agreement with HUD. Recent accomplishments include the rehabilitation and lease up of Hacienda (150 units) and commencing the rehabilitation construction of Nevin Plaza (140 Units).
B.3 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan.
- Please see attached Recovery Agreement and Action Plan Report Update (Attachment 2).
B.4
Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved.
5-Year Action Plan. Approved 2/28/22.
B.5
Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N
(b) If yes, please describe:
There were findings related to incomplete tenants files. A Corrective Action Plan for the Findings was submitted to HUD Regional Office and accepted.
C. Other Document and/or Certification Requirements.
C.1
Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
Comments are attached from Housing Advisory Meeting minutes from Meeting Monday, September 11, 2023 (Attachment 3). The Housing Advisory recommendation to include more information on the statement of need was accepted by RHA since a recent analysis 24 was conducted of housing needs for the City of Richmond creation of a new Housing Element for the City of Richmond’s General Plan which is a State mandate to accomplish.
C.2
Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.3
Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
(a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.
C.5
Troubled PHA.
(a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place?
Y N N/A
(b) If yes, please describe: 2019 PHARS, Attachment 1
D.
Affirmatively Furthering Fair Housing (AFFH).
D.1
Affirmatively Furthering Fair Housing (AFFH).
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal: N/A
Describe fair housing strategies and actions to achieve the goal
Fair Housing Goal:
25 Instructions for Preparation of Form HUD-50075-ST
Annual PHA Plan for Standard and Troubled PHAs
A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)
A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e))
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))
B. Plan Elements. All PHAs must complete this section.
B.1 Revision of Existing PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.
If an element has not been revised, mark “no." (24 CFR §903.7)
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant-based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR §903.7(a)).
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))
Describe fair housing strategies and actions to achieve the goal
Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal
26 Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments.
Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA’s procedures for maintain waiting lists for admission to public housing and address any site-based waiting lists. (24 CFR §903.7(b)). A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b))
Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d))
Operation and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR §903.7(e))
Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants. (24 CFR §903.7(f))
Homeownership Programs. A description of any Section 5h, Section 32, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))
Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of (24 CFR §903.7(l)). Provide a description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs subject to Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135) and FSS. (24 CFR §903.7(l))
Safety and Crime Prevention (VAWA). Describe the PHA’s plan for safety and crime prevention to ensure the safety of the public housing residents.
The statement must provide development-by-development or jurisdiction wide-basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities. (24 CFR §903.7(m)) A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5))
Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n))
Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR §903.7(q))
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32 REV-3, successor RAD Implementation Notices, or other RAD Notices.
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b))
B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.”
HOPE VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6 . (Notice PIH 2011-47)
Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6/mfph#4
Demolition and/or Disposition. With respect to public housing only, describe any public housing development(s), or portion of a public housing development projects, owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 27
of the 1937 Act (42 U.S.C. 1437p); and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h))
Designated Housing for Elderly and Disabled Families. Describe any public housing projects owned, assisted or operated by the PHA (or portions thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1) development name and number; 2) designation type; 3) application status; 4) date the designation was approved, submitted, or planned for submission, 5) the number of units affected and; 6) expiration date of the designation of any HUD approved plan. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not constitute HUD approval of any designation. (24 CFR §903.7(i)(C))
Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j))
Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project-Based Rental Assistance or Project-Based Vouchers under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32 REV-3, successor RAD Implementation Notices, and other RAD notices. -
Occupancy by Over-Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (3) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (5) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.503) (24 CFR 903.7(b))
Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.505) (24 CFR 903.7(b))
Non-Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD’s website at: Notice PIH 2009-21 and Notice PIH-2017-03. (24 CFR §903.7(e))
Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project-based vouchers, which must comply with PBV goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan (24 CFR §903.7(b)).
Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1).
Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided.
B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1))
B.4 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section (24 CFR §903.7 (g)). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved.
PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: “See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX.”
B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)
C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. 28 C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154 or 24 CFR 5.160(a)(3) as applicable; (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
C.5 Troubled PHA. If the PHA is designated troubled, and has a current MOA, improvement plan, or recovery plan in place, mark “yes,” and describe that plan.
Include dates in the description and most recent revisions of these documents as attachments. If the PHA is troubled, but does not have any of these items, mark “no.” If the PHA is not troubled, mark “N/A.” (24 CFR §903.9)
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) ….
Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless , the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
_________________________________________________________________________________________________________________________ This information collection is authorized by Section 511 of the Quality Housing and Work Responsib ility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan.
Public reporting burden for this information collection is estimated to average 7.52 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. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the coll ection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
29 Attachment 1
30 31
32 33
34 35
36 37
August 24, 2023
Re: Recovery Agreement and Action Plan Report Update Response Since the inception of the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement and Action Plan, the Richmond Housing Authority (RHA), City of Richmond, and U.S. Department of Housing and Urban Development (HUD) Region 9 office have collaborated to produce many accomplishments for our residents and the housing authority in general.
HUD staff has emphasized to RHA that throughout this PHARS process the residents of our public housing portfolio should be prioritized, and we are happy to report this is being accomplished. Since our last PHARS update for Hacienda, the property has been repositioned, the rehabilitation construction has been completed, and 150 units are now fully occupied in a beautiful new building with supportive services. At Nevin Plaza, the property has been repositioned and construction has commenced for the rehabilitation of 140 units. Residents are being temporarily relocated as rehabilitation proceeds. We are negotiating with the Nevin Plaza developer regarding the new construction of approximately 70 affordable multifamily units on the adjacent RHA owned site that is currently being used for construction staging.
At Nystrom Village, which is the oldest and most challenging property in our portfolio, unit turnover activities are ongoing, and RHA maintenance staff are responding to various work orders from residents. Concurrently, we are negotiating a Master Development Agreement (MDA) with the developer that was previously selected through a competitive process and with whom an Exclusive Rights to Negotiate Agreement (ERNA) was executed. The MDA will be consistent with the terms set forth in the ERNA and will address replacement of the existing public housing units with project-based voucher subsidized housing and the new construction of affordable and mixed-income housing on the adjacent three-block area owned by RHA.
Work on Richmond Village was originally delayed in order to exit the investor limited partner from the ownership entity. Richmond Village had reached its “year 15”, prompting the need for RHA to exercise its Option and Right of First Refusal rights.
This was complicated by the investor limited partner selling its national portfolio of Low- Income Housing Tax Credit (LIHTC) investments. RHA worked with McCormick Baron Salazar to negotiate a sale of the investor limited partner interest for $1.00. HUD’s approval was needed for this transaction. The Rental Assistance Demonstration (RAD) conversion was put on hold while the investor limited partner exit was completed.
City of Richmond Housing Authority
450 Civic Center Plaza, 2nd Floor, Richmond CA 94804
(510) 621-1300
Attachment 2
38
By the time this transaction was complete, and we were ready to return to the RAD application, our technical assistance provided was put on hold pending a contract renewal. We have resumed this effort and we anticipate submittal of a RAD application this Fall.
Completion of all of the PHARS tasks continues to be a high priority for RHA.
Experiencing the above-mentioned accomplishments gives the team additional momentum and motivation to address the remaining PHARS tasks. The RHA acknowledges that not all tasks have been completed by the initially established deadlines. However, RHA is confident that despite taking more time, especially in the area of asset repositioning, the resulting outcomes reflect appropriate due diligence review and negotiations for the benefit of RHA and its residents, and the long-term preservation of affordable housing.
We acknowledge that there have been ongoing challenges for RHA in meeting all of the PHARS task deadlines, including the COVID-19 pandemic, challenges in assembling multiple funding sources for affordable housing development in the competitive California Bay Area, and rising construction costs and interest rates.
Despite these challenges, with the support of the City of Richmond and your team at the HUD Region 9 Office of Public Housing, we continue to make progress. In addition to our biweekly PHARS meeting updates, we provide in this letter and in the summary below, updates on deliverables in response to your correspondence.
Asset
Management
Project (AMP)
PHARS
Item
No.
Task Description Original
Target
Completion
Date
Hacienda 1.5 SAC acceptance of a complete Section 18 PIC disposition application for Hacienda Remaining
Parcel
12/31/2021
Update 1.5: As reported in our last communication, the first strategy to hire a broker to advertise and market the property was not successful.
The Hacienda Remaining Parcel recently is back in full control by the RHA. The parcel was being used for Hacienda construction staging. RHA staff prioritized the closing of the Nevin Plaza project this last year which impacted the creation of the Request for Proposals (RFP) and solicitation. The new date to release the RFP is December 2023. Once a developer is chosen, the Section 18 Disposition will commence.
Nystrom 4.2 Finalize terms btw RHA and Developer 5/29/2020 Nystrom 4.3 SAC acceptance of a complete Section 18 PIC Application
9/1/2020
Nystrom 4.4 Closing/Conveyance/Start Construction 9/1/2020 39
Update 4.2 and 4.4: RHA was not successful in negotiating a final agreement by the first established Exclusive Right to Negotiate Agreement (ERNA) deadline with the selected developer, McCormick Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RHNS).
The developer expressed interest in continuing negotiations and commitment to develop a final agreement in the short term. The RHA negotiated an extension of the ERNA with the developer, and it was approved by the RHA Board of Commissioners on June 20, 2023. The ERNA extension sets the date of a final agreement to be executed by October 31, 2023. Once the final agreement is executed, the Section 18 Disposition application will commence.
Richmond
Village I & II
5.1 Submit RAD Application 10/1/2019
Richmond
Village I & II
5.2 Submit RAD Financing Plan 11/28/2020
Richmond
Village I & II
5.3 Close RAD Conversion 12/01/2020
Update 5.1 to 5.3: As mentioned in the last update, converting to Rental Assistance Demonstration (RAD) involves three (3) tasks:
1) Exit of the investor limited partner - Completed.
2) Negotiate new terms with McCormack Baron Salazar (MBS) and Community Housing Development Corporation (CHDC) for the future ownership and operations of Richmond Village. A
Memorandum of Understanding among RHA, MBS and CHDC was approved by the Housing Authority Board of Commissioners on September 13, 2022 - Completed.
3) Submission of RAD application - For RAD applications RHA relies on the HUD funded Technical Assistance (TA) provider, Mike Andrews, to support the preparation and submission of the application. This year there was some service interruption due to contracting that impacted the preparation of the RAD application.
HUD staff has informed RHA there are still some hours available for TA assistance and will also research the possibility of extending the contract. RHA has also notified the HUD local office that RHA will also research the possibility of a contract with the TA provider. With access to additional TA hours, the goal is to submit the RAD application by October 2023.
Approach - RHA and MBS assume a “non-debt” RAD/Section 18 Small PHA Blend conversion for Richmond Village I, II, and III. This 40
is a change from the plan reflected in the PHARS Agreement. At the time the PHARS Agreement was executed, this option was not available. “No debt” conversions are the most streamlined of all RAD conversions.
Richmond
Village III
6.1 SAC Acceptance of a complete Section 18 PIC
Application
05/30/2021
Richmond
Village III
6.2 Receive Tenant Protection Vouchers 06/30/21
Richmond
Village III
6.3 Closing/Conveyance/Start Construction 12/31/2021
Update 6.1 to 6.3 Close RAD Conversion
This task no longer applies as a result of the change mentioned above under Richmond Village I & II task 5.2.
Closing will occur for Richmond Village I, II, and III simultaneously as part of a RAD/Section 18 Small PHA Blend conversion
Other 7.2 Complete HCV Close Out Audit 04/26/2020
Update 7.2: As you are aware, in order to complete the 2019 HCV, Close out Audit, RHA had to address previous year audits that were not submitted. 2017 Audited Financial statements were completed, issued, submitted to REAC and approved. 2018 Audited Financial statements were completed, issued, submitted to REAC, and RHA is waiting for HUD review and approval. 2019 Financial data, including updated trial balances and bank reconciliations, was submitted to the auditor for review. The current goal is to complete the HCV Close Out Audit by December 2023. RHA has also had success in submitting the Unaudited/Single Audit -- we have submitted to REAC the 2020 unaudited and received HUD
approval, and staff is now working on 2021 unaudited for submission.
41 HOUSING ADVISORY COMMISSION
Monday, September 11, 2023 – 3:30 PM
450 Civic Center Plaza, Richmond, CA 94804
Zoom
MINUTES
1. Call to order
The meeting was called to order by Housing Advisory Commissioner and Chair Carol Hegstrom at 3:38pm.
2. Roll Call
Present:
Commissioners: Carol Hegstrom (Chair), Jaycine Scott (Vice Chair), Dena Nelson (Secretary), Philena Cosby, Y’Anad Burrell
RHA Staff: Gabino Arredondo (RHA Executive Director), Gregory Palamino Council Liaison: Cesar Zepeda
Absent: Toni Autry
Vacancies: 1
3. WELCOME AND MEETING PROCEDURES
4. AGENDA REVIEW AND ADOPTION – No change.
5. APPROVAL OF MINUTES- June minutes approved and seconded; motion passes unanimously.
6. INTRODUCTION OF INVITED GUESTS:
None
7. EXECUTIVE DIRECTOR’S UPDATE:
● RHA’s annual budget was approved. It will provide transparency on the city subsidy and demonstrates that RHA is fully staffed (Note that after RHA no longer needs the staff due to asset repositioning the staff can be integrated back into other City of Richmond positions)
● RHA staff are working on transitioning Nystrom units to new tenants as smoothly as possible.
○ 4 units had fires so can’t easily be made ready for occupancy ○ Waitlist is down to about 250 participants
Attachment 3
42 ○ RHA is now able to do better lease enforcement
● Monitoring work at Nevin Plaza
● RHA has been completing financial audits: 2017 and 2018 are now done and 2019 will be next (note that 2019 will cover the last year that Section 8 was run by RHA)
● RHA has been working with Public Works on trash pickup issue ● Board meeting tomorrow September 12th at City Council meeting
8. HOUSING ADVISORY COMMISSIONERS’ REPORTS
● Commissioner Burrell: Upcoming EPA mandated testing on housing that had lead pipes in the 1940s. East Bay MUD will be doing a community presentation. Hundreds of addresses in Richmond impacted, but not RHA properties. ● Chair Hegstrom: Will need to resign from this Housing Advisory Commission in order to stay on city police commission.
9. HOUSING ADVISORY COMMISSIONER APPOINTMENTS
None
10. PRESENTATIONS
11. RECOMMENDATIONS TO THE HOUSING AUTHORITY BOARD OF
COMMISSIONERS
● 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
○ Councilmember Zepeda: Could the city buy a truck and rent it to you? ○ Director Arredondo: RHA has asked that in the past. Usually RHA has to pay for its own truck.
○ Councilmember Zepeda: Will provide an update on purchasing an electric vehicle ○ Moved, seconded, passed unanimously
● 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).
○ Environmental review is six weeks in, twelve weeks total 43 ○ The city paid up front for Nevin elevator repairs. RHA needs environmental review to use the HUD capital fund
○ The review will allow for future use of funds at Nystrom including playground repairs. This requires Native American consultation.
○ Moved, seconded, passed unanimously
● Review and Authorizing submission of the proposed Annual Plan to the US Department of Housing and Urban Development (HUD).
○ The PHA plan will be presented to the board on October 26th ○ It aligns with the Public Housing Agency Recovery and Sustainability (PHARS) agreement
○ Reflects movement forward on Nystrom Village and Richmond Village I, II and III
○ Commissioner comment to add more information on Statement of Need. A recommendation was to include information from the recently adopted Housing element.
○ Moved, seconded, passed unanimously
12. OPEN FORUM
Cordell Himler: Upcoming El Cerrito Chamber of Commerce mixer event
13. OLD BUSINESS
● Nevin Plaza update: once property finishes construction, needs to transition to permanent financing, hope to close in November; have pre-approval, have to show that the construction went well and that they will be getting the Section VIII vouchers ● need to get rid of comcast agreement from the 80s
● receiving complaints about empty lot from neighbor. Working toward landscaping contract
● EAH shared an update with pictures on Nevin Plaza progress that Director Arredondo shared with commissioners; and it was noted that Brian from EAH should be posting their updates at Nevin; not just presenting at North & East ● Commissioner Scott: they say they will do certain things at certain times but then they change it after we’ve planned around it
● Nystrom:
● Sent draft Master Development Agreement (MDA) to McCormick Baron Salazar 44 (MBS) last Friday, hope to get it approved by end of the month ● Richmond Village
● Need to submit application - will be getting help from Mike Andrews again ● Currently RHA is a pass-through for tenant rent
● John Stewart serves as the property manager
● The property doesn’t need full rehab, but once application is approved, rent can go directly to the McCormick Baron Salazar
14. NEW BUSINESS
● Updating commission stipends
○ Housing advisory commission meetings:
■ previously stipend was $25; documentation in municipal code shows $12.50 per meeting
■ Commissioner Proposal: minimum wage x2= $35
■ Proposal to only pay stipends to commissioners living in public housing ○ Richmond Housing Authority board meeting
● previously were paid $50; municipal code $30
● meetings last hours, night meeting, recommend $50
15. NEXT SCHEDULED MEETING
Monday October 9, 2023
16. ADJOURNMENT 4:49 pm
45
Certification by State or Local U. S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No. 2577-0226 State Consolidated Plan Expires 3/31/2024
(All PHAs)
Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan I, _Gabino Arredondo_________, the __________Interim Executive Director____________ Official’s Name Official’s Title
certify that the 5 -Year PHA Plan for fiscal years 2023- 2028 and/or Annual PHA Plan for fiscal year __2023__ of the _____Richmond Housing Authority_________ is consistent with the PHA Name
Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the
____________________________City of Richmond, CA
_______________________________
Local Jurisdiction Name
pursuant to 24 CFR Part 91 and 24 CFR §§
903.7(o)(3) and 903.15.
Provide a description of how the PHA Plan’s contents are consistent with the Consolidated Plan or State Consolidated Plan.
Richmond's Consolidated Plan addresses both present and future housing needs of its residents. Housing needs for renters and homeowners are identified at various income levels. Reducing excessive cost burden emerges as the most significant need across the board for the majority of household groups. It is also one of the leading precursors to becoming homeless, particularly when there is a limited availability of affordable housing units. Related needs include reducing overcrowding, reducing difficulties for first-time homebuyers, and creating more housing opportunities.
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, i s true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official: Gabino Arredondo Title: Interim Executive Director
Signature: Date:
The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S.
Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan.
Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including t he time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently vali d OMB Control Number. 46
Certifications of Compliance with
PHA Plans and Related Regulations
(Standard, Troubled, HCV-Only, and
High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or___ Annual PHA Plan for the PHA fiscal year beginning ________, hereinafter referred to as” the Plan”, of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof:
1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan.
3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment.
5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions.
7. For PHA Plans that includes a policy for site based waiting lists:
The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25);
The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD;
The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing;
The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1).
8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.
9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 47 ___________________________________________________________________________________________________________
12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).
13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively.
14. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements.
16. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35.
17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).
18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan.
19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s).
_________________________________________ __________________________________________ PHA Name PHA Number/HA Code
_____ Annual PHA Plan for Fiscal Year 20____
_____ 5-Year PHA Plan for Fiscal Years 20____ - 20____
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). _______________________________________________________________________________________________________________________________________ Name of Authorized Official Title
Signature Date
48 CITY OF RICHMOND HOUSING AUTHORITY
Administrative Office
450 Civic Center Plaza, 2nd Floor • Richmond, CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
TDD: 1-800-545-1833, Ext. 563
NOTICE OF PUBLIC HEARING
HOUSING AUTHORITY OF THE CITY OF RICHMOND
Richmond, California
Notice is hereby given that a Public Hearing will be held before the Richmond Housing Authority (RHA) Board of Commissioners on Tuesday, December 19, 2023, at 6:25 PM in the City Council Chambers, 440 Civic Center Plaza, 1st Floor, Richmond, California, 94804. The Board of Commissioners will receive public comment on the following matter:
The 2023 Annual Public Housing Agency Plan (2023 Annual PHA Plan), which includes goals and objectives for the Housing Authority’s future involvement in the provision of affordable housing in Richmond, through its Public Housing developments. The 2023 Annual PHA Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) after it is adopted by the RHA Board of Commissioners following the Public Hearing on December 19, 2023.
All interested people may appear and be heard.
Public notice of the 45-day public review period to consider the 2023 Annual PHA Plan was posted on the RHA Website as an agenda item on September 7, 2023, for discussion at the Housing Advisory Commission (HAC) Meeting held on September 11, 2023, comments were solicited. A public notice in the local newspaper (West County Times) was posted on November 4, 2023. A webpage dedicated to the 2023 Annual PHA Plan was created on the RHA website to give background information on the plans development and ways for the public to provide feedback:
• HAC Agenda Website
https://www.ci.richmond.ca.us/Archive.aspx?AMID=153
o September 11, 2023, Meeting
• RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan
The public may still submit written comments by addressing them to Gabino Arredondo, Interim Executive Director of the Housing Authority of the City of Richmond, 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804 or send an email to [email protected] or call (510) 620-6606.
A copy of the draft 2023 Annual PHA Plan will be available for public inspection at the RHA Administrative Offices (450 Civic Center Plaza, 2nd floor, Richmond CA 94804) during regular working hours, 8:30 a.m. to 4:30 p.m.
This Public Hearing is required by the U.S. Department of Housing and Urban Development as part of the Quality Housing and Work responsibility Act of 1998.
49
December 19, 2023
Community Development
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Rita Martinez, Senior Accountant
Subject: Approval of the Recognized Obligation Payment
Schedule (ROPS 24-25) and the Administrative Budget
for the Period July 1, 2024 through June 30, 2025
FINANCIAL IMPACT: Adoption of the Recognized Obligation Payment Schedule including the administrative budget is a
necessary action for the Successor Agency to expend
former Richmond Community Redevelopment Agency
funds on certain financial obligations of the Agency.
Residual tax revenues not obligated on ROPS 24-25 are
distributed to local taxing entities.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Successor Agency to the Richmond Community
Redevelopment Agency (Agency) is required to approve
a Recognized Obligation Payment Schedule (“ROPS”)
and an administrative budget annually pursuant to
California Health And Safety Code Sections 34177(O)
And 34171(A),(B), and 34177(J), respectively.
RECOMMENDED ACTION:
ADOPT a resolution approving the Recognized
Obligation Payment Schedule (ROPS 24-25) and the
Administrative Budget for the Period July 1, 2024,
through June 30, 2025 – Community Development
Department (Lina Velasco 510-620-6841).
AGENDA
REPORT
50
December 19, 2023
DISCUSSION:
Background
ABx1 26 (“Dissolution Act”) suspended all new redevelopment activities and incurrence of indebtedness by terminating virtually all otherwise legal functions of redevelopment agencies and mandating a liquidation of any assets for the benefit of local taxing agencies. Some debts are allowed to be repaid, but any such remittances are to be managed by a successor agency that functions primarily as a debt repayment administrator. The successor agency cannot initiate any new redevelopment projects or programs. The activities of the successor agency are overseen by a countywide oversight board, comprised primarily of representatives of other taxing agencies throughout the county, until such time as the remaining debts of the former redevelopment agency are paid off, all former agency assets are liquidated, and all property taxes redirected to local taxing agencies.
Under the Dissolution Act, the portion of property tax revenues collected in the Redevelopment Agency (“RDA”) Project Areas, which were considered Tax Increment prior to RDA dissolution, are now called Redevelopment Property Tax and are deposited by the County Auditor-Controller into the Redevelopment Property Tax Trust Fund (“RPTTF”). The County Auditor-Controller distributes the funds in the RPTTF with the following priority:
1. County Auditor-Controller’s administrative costs;
2. Pass-through payments to the taxing entities affected by the Redevelopment Plan for the Project Area, calculated the same as prior to RDA dissolution;
3. Distribution to the Successor Agency to retire the former RDA’s obligations; and
4. Distribution of residual funds to taxing entities.
A budget trailer bill drafted by the State Department of Finance (“DOF”) purportedly to “clean up” certain conflicting and confusing provisions of ABx1 26 was signed by Governor Jerry Brown on June 27, 2012. This bill, AB 1484, made several substantive changes to ABx1 26 including a provision that successor agencies that do not submit an approved Recognized Obligation Payment Schedule (“ROPS”) by the statutory deadlines will be assessed a $10,000 per day penalty for lateness.
On September 22, 2015, Governor Jerry Brown signed SB 107, which made several significant changes to the redevelopment dissolution process, including modification of the ROPS submittal cycle from six-month to 12-month intervals.
Under Health and Safety Code Section 34177(o), a ROPS must be prepared and submitted on February 1st of every year and list all of the “enforceable obligations” of the former agency. The ROPS is subject to approval by the Countywide Oversight Board and DOF before the County Auditor-Controller disburses funding for payments on the approved ROPS. “Enforceable obligations” include: bond payments; loans legally required to be repaid pursuant to a payment schedule with mandatory repayment terms; payments required by the federal government; preexisting obligations to the state or 51
December 19, 2023
obligations imposed by state law; judgments, settlements or binding arbitration decisions that bind the agency; legally binding and enforceable agreements or contracts; and contracts or agreements necessary for the continued administration or operation of the successor agency, including agreements to purchase or rent office space, equipment and supplies.
After submittal, DOF has until April 15 to review the ROPS and approve or disapprove of any items. The Successor Agency can request additional review by DOF and an opportunity to meet and confer on disputed items. The Successor Agency must make a request within five business days of receiving a DOF determination. DOF is required to notify the Successor Agency and County Auditor-Controller of its final determination of the approved payments at least 15 days prior to the first distribution date of RPTTF for the ROPS, which is June 1. RPTTF is distributed twice annually, on June 1 and January 2 of each year. The annual ROPS can be amended once per year as long as the amendment is received by DOF before October 1 of the applicable fiscal year.
Summary
Recognized Obligation Payment Schedule (ROPS 24-25)
ROPS 24-25 is Exhibit A to the attached Successor Agency resolution. It includes: 1) a summary of the funding request; 2) an itemized listing of obligations (“ROPS Detail”); and 3) a report of cash balances. This ROPS covers payments due during the period of July 1, 2024, through June 30, 2025.
The following is a summary of ROPS 24-25 Obligations submitted for approval.
Successor Agency Administrative Budget July 1, 2024 through June 30, 2025 Pursuant to Health and Safety Code Sections 34171(a), (b), and 34177(j), the Successor Agency must prepare a budget for administrative expenses each fiscal year (“Administrative Budget”). In accordance with the Dissolution Act, the Successor Agency’s RPTTF administrative cost allowance cap is the greater of three percent of the 52
December 19, 2023
prior year RPTTF distribution or $250,000 annually. For the period July 1, 2024 through June 30, 2025, the RPTTF administrative cost allowance cap is $256,022.
Upon the Successor Agency Board’s approval, staff will submit ROPS 24-25 and the Administrative Budget to the Oversight Board for their consideration and approval. Upon receiving the Oversight Board’s approval, City staff will submit ROPS 24-25 to the County Auditor-Controller, the State Controller, and the DOF. The approved ROPS 24- 25 is required to be submitted to DOF by February 1, 2024, to avoid daily penalties.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Exhibit A to Resolution (ROPS 24-25)
Attachment 3 – Exhibit B to Resolution (Administrative Budget)
53 1
RESOLUTION NO. ___
A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO
THE RICHMOND COMMUNITY REDEVELOPMENT AGENCY
APPROVING AND ADOPTING A RECOGNIZED OBLIGATION
PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE
PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025 (ROPS 24-25), PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34177 AND
34171.
WHEREAS, pursuant to Health and Safety Code Section 34173, the City of Richmond created the Successor Agency to the Richmond Community Redevelopment Agency (“Successor Agency”) by Resolution No. 4-12 on January 24, 2012; and
WHEREAS, Health and Safety Code Section 34177(o) requires the Successor Agency to prepare a draft recognized obligation payment schedule (“ROPS”), before each annual fiscal period, forward looking to the next twelve months; and
WHEREAS, Health and Safety Code Section 34177(l)(2)(b) requires the Successor Agency to submit the ROPS to the Successor Agency’s Oversight Board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS (“Approved ROPS”) to the Contra Costa County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency’s website; and
WHEREAS, Health and Safety Code Sections 34171(a), (b) and 34177 (j) require the Successor Agency to prepare and submit a separate Administrative Budget covering the same period as each ROPS to the Successor Agency’s Oversight Board for its approval; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, by the Agenda Report accompanying this Resolution, the Successor Agency has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE RICHMOND
COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. CEQA Compliance. The approval of the ROPS through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act.
54 2
Section 3. Approval of Initial Draft of the ROPS. The Successor Agency hereby approves and adopts the ROPS for the period July 1, 2024 through June 30, 2025 (ROPS 24-25), in substantially the form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.
Section 4. Approval of Administrative Budget. The Successor Agency hereby approves and adopts the Administrative Budget for the period July 1, 2024 through June 30, 2025 in substantially the form attached to this Resolution as Exhibit B, as required by Health and Safety Code Sections 34171(a), (b), and 34177(j).
Section 5. Transmittal of Initial Draft of the ROPS and Administrative Budget. The City Manager or his designee is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS, including submitting the ROPS to the Successor Agency’s Countywide Oversight Board for approval, and submission of the Approved ROPS to the Contra Costa County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency’s website.
Section 6. Effectiveness. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency to the Richmond Community Redevelopment Agency, on December 19 , 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chair
ATTEST:
Successor Agency Clerk
APPROVED AS TO FORM:
Successor Agency Attorney
55 2425 ROPS Staff Report
Funding Summary
ROPS Obligation Summary
Paid from
Paid from Reserves and
Tax Revenues Other Sources Total
Debt Service 8,165,036$ 7,611,407 $ 15,776,443 $
Capital Projects 2,187,000 3,187,679 5,374,679 Project Management 95,000 - 95,000 Administration 256,022 - 256,022 10,703,058$ 10,799,086 $ 21,502,144 $
Exhibit A
Recognized Obligation Payment Schedule
56 Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Richmond
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 9,135,029 $ 1,664,057 $ 10,799,086 B Bond Proceeds - - -
C Reserve Balance 7,524,779 54,128 7,578,907
D Other Funds 1,610,250 1,609,929 3,220,179
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 3,610,470 $ 7,092,589 $ 10,703,059 F RPTTF 3,354,448 7,092,589 10,447,037
G Administrative RPTTF 256,022 - 256,022
H Current Period Enforceable Obligations (A+E) $ 12,745,499 $ 8,756,646 $ 21,502,145 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
57 Richmond
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$50,274,884 $21,502,145 $- $7,524,779 $1,610,250 $3,354,448 $256,022 $12,745,499 $- $54,128 $1,609,929 $7,092,589 $- $8,756,646 1 1998 Tax
Allocation
Refunding
Bond
Bonds Issued
On or Before
12/31/10
02/01/
1998
07/01/2023 US Bank Refinance a
portion of
1991 TARB;
fund capital
improvement
projects
Merged
Project
Area
- Y $- - - - - - $- - - - - - $-
4 2003B Tax
Allocation
Revenue
Bond
Bonds Issued
On or Before
12/31/10
08/01/
2003
09/01/2025 Union Bank Fund capital
improvement
projects
Merged
Project
Area
2,891,523 N $2,891,523 - 1,704,108 - - - $1,704,108 - - - 1,187,415 - $1,187,415 5 2004A Tax
Allocation
Revenue
Bond (2/3)
Bonds Issued
On or Before
12/31/10
10/01/
2004
09/01/2026 Union Bank Fund capital
improvement
projects
Merged
Project
Area
3,980,288 N $1,419,232 - 594,464 - - - $594,464 - - - 824,768 - $824,768 6 Section 108
Loan
Bonds Issued
On or Before
12/31/10
11/22/
2004
08/01/2025 HUD Finance costs
related to the
Ford
Assembly
Building
Project
Merged
Project
Area
446,579 N $225,882 - - - 220,184 - $220,184 - - - 5,698 - $5,698 11 2004A Tax
Allocation
Revenue
Bond (1/3
Housing)
Bonds Issued
On or Before
12/31/10
10/01/
2004
09/01/2026 Union Bank Fund low/
moderate
income
housing
projects
Merged
Project
Area
1,990,144 N $702,816 - 297,232 - 351,456 - $648,688 - 54,128 - - - $54,128 13 Section 108
Loan
(Housing)
Third-Party
Loans
07/25/
2005
08/01/2025 HUD Finance costs
related to the
North
Richmond
Iron Triangle
Project
Merged
Project
Area
677,824 N $328,066 - - - 318,308 - $318,308 - - - 9,758 - $9,758 14 2007B Tax
Allocation
Capital
Appreciation
Bond
(Housing)
Bonds Issued
On or Before
12/31/10
07/01/
2007
09/01/2036 Union Bank Finance low
and moderate
income
housing
activities
Merged
Project
Area
12,235,000 N $2,405,000 - 1,175,000 - 1,230,000 - $2,405,000 - - - - - $- 16 Employee
Costs
Project
Management
Costs
07/01/
2024
06/30/2025 Employees of
Agency
Project
Managers,
Accountants,
Analysts,
Attorney
Merged
Project
Area
95,000 N $95,000 - - - 47,500 - $47,500 - - - 47,500 - $47,500 56 Metrowalk
Phase II
(Housing)
OPA/DDA/
Construction
04/11/
2002
06/30/2026 Various Developer
agreement
Merged
Project
Area
5,000,000 N $2,187,000 - - - 1,187,000 - $1,187,000 - - - 1,000,000 - $1,000,000 58 A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
62 Miraflores
Project -
Remediation
Remediation 01/15/
2011
06/30/2025 PES
Environmental
Remediation
Costs
Merged
Project
Area
166,300 N $166,300 - - 83,150 - - $83,150 - - 83,150 - - $83,150 66 Miraflores
Project -
Remediation
Remediation 06/01/
2011
06/30/2025 Department of
Toxic
Substance
Control
Remediation
Costs
Merged
Project
Area
21,058 N $21,058 - - 10,529 - - $10,529 - - 10,529 - - $10,529 68 Miraflores
Project
(Housing)
Improvement/
Infrastructure
10/18/
2010
06/30/2025 Various 80 units Sr
Housing, 190
units market
rate housing,
historical
resources
preservation
Merged
Project
Area
3,000,000 N $3,000,000 - - 1,500,000 - - $1,500,000 - - 1,500,000 - - $1,500,000 113 Terminal
One Project
- Litigation
Settlement
Litigation 09/28/
2005
06/30/2025 Various Remediation
costs funded
by litigation
settlement
payments
Merged
Project
Area
321 N $321 - - 321 - - $321 - - - - - $-
115 Admin
allowance
Admin Costs 07/01/
2024
06/30/2025 Various Administrative
costs
Merged
Project
Area
256,022 N $256,022 - - - - 256,022 $256,022 - - - - - $- 121 2014 A
Refunding
Bonds - Tax
Exempt
Bonds Issued
On or Before
12/31/10
04/11/
2014
09/01/2025 Trustee Refinance
outstanding
bonds
Merged
Project
Area
3,404,125 N $3,404,125 - 2,294,375 - - - $2,294,375 - - - 1,109,750 - $1,109,750 125 Bond
Trustee/
Disclosure/
Other Fees
Bonds Issued
On or Before
12/31/10
07/01/
2022
09/01/2035 Trustee Bond Trustee/
Disclosure/
Other Fees
32,500 N $32,500 - - 16,250 - - $16,250 - - 16,250 - - $16,250 129 2021A
Refunding
Bond
Bonds Issued
On or Before
12/31/10
02/01/
2021
09/01/2035 Trustee Refund
2004B and
2010A bonds
16,078,200 N $4,367,300 - 1,459,600 - - - $1,459,600 - - - 2,907,700 - $2,907,700 130 2021B
Refunding
Bond
Bonds Issued
On or Before
12/31/10
02/01/
2021
09/01/2023 Trustee Refund
2010A Bonds
(SWAP)
- Y $- - - - - - $- - - - - - $-
59 Richmond
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
5,564,486 6,276,974 5,975,854 1,111,759
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
44,930 135,450 2,093,764 10,741,388
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
62,387 6,081,867 299,018 3,449,719
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5,547,029 250,678 5,644,666 8,273,081
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $79,879 $2,125,934 $130,347
60 ADMINISTRATIVE BUDGET
Fiscal Year 2024-2025
Revenue Summary
RPTTF Administrative Allowance $ 256,022 $ 256,022
Expenditure Summary
Salary and Benefits $ 175,500
Professional and Administrative Expenses $ 51,522 Other Operating Expenses $ 14,000 City Cost Allocation Plan $ 15,000 $ 256,022
SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY
REDEVELOPMENT AGENCY
Exhibit B
Administrative Budget
61
December 19, 2023
City Attorney's Office
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:
Legal Services Agreement with Maloney Employment
Law
FINANCIAL IMPACT: This contract will be for a total not to exceed amount of $350,000. This agreement is charged to the Risk
Management General Liability Fund 50182316-400554.
PREVIOUS COUNCIL
ACTION:
The initial legal services agreement was approved by
Council on March 2, 2021 for $110,000; the first
amendment was approved for $100,000 on October 18,
2021, and the second amendment for $150,000 on June
28, 2022.
STATEMENT OF THE
ISSUE:
A legal services agreement with Maloney Employment
Law is needed to ensure that the City has the appropriate legal representation in pending employment litigation
matters.
RECOMMENDED ACTION:
APPROVE a Legal Services Agreement with Maloney
Employment Law for a total amount not to exceed
$350,000, with a term beginning July 1, 2023, through
June 30, 2025 – City Attorney’s Office (Shannon Moore
510-620-6505).
AGENDA
REPORT
62
December 19, 2023
DISCUSSION:
Maloney Employment Law has successfully defended the City of Richmond in several employment matters. The City Attorney’s Office wants to continue contracting with attorney Christine Maloney who is a seasoned municipal law litigator with Maloney Employment Law. She is currently defending the City in eight (8) employment matters.
The City may also need to retain Ms. Maloney to represent the City in matters before the Personnel Board. The City Attorney’s Office is requesting a new legal services agreement with Maloney Employment Law to continue to provide legal advice and representation for employment matters. Maloney Employment Law has the experience and expertise necessary to continue to represent the City in pending employment cases and matters before the Personnel Board.
Due to an administrative error, the contract with Maloney Employment Law expired on June 30, 2023; therefore, the City Attorney’s Office is requesting that the City enter into a new contract with Maloney Employment Law for a total contract amount of $350,000 for a contract term of July 1, 2023 to June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Maloney Employment Law
63 1
LEGAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF RICHMOND
AND
MALONEY EMPLOYMENT LAW
PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 1ST day of JULY, 2023 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and MALONEY EMPLOYMENT LAW comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 203 FLAMINGO ROAD, SUITE 305, MILL VALLEY, CA 94941. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The following recitals are as follows:
A. City desires to secure professional services more fully described in this Agreement; and,
B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.
AGREEMENT PROVISIONS
The Parties agree as follows:
1. RETENTION OF FIRM.
A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.
B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.
C. Special Counsel shall perform such legal services for and on behalf of the City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from 64 2
time to time under the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See “Scope of Work” in Exhibit A].
3. TERM OF AGREEMENT.
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2025, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
4. ASSIGNMENT OF DUTIES.
It is contemplated that no other attorney will be assigned from Special Counsel other than C. CHRISTINE MALONEY. It is agreed by and between the Parties that should it be desirable for any attorney other than C. CHRISTINE MALONEY to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.
5. PUBLIC FUNDING.
Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.
6. PAYMENT FOR SERVICE.
In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.
Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.
Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.
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7. BILLING INVOICES.
Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].
8. PROJECT PLAN AND BUDGET AND RESERVES.
Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.
9. LITIGATION GUIDELINES.
When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.
10. BILLING.
Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.
11. STATUS REPORTS.
Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to 66 4
the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.
Please also attach any referenced filings to your status report.
12. TERMINATION.
Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.
13. CONFLICTS OF INTEREST.
A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.
14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.
City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.
15. AUDITS, RECORDS, AND DOCUMENTATION.
A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other 67 5
purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.
B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.
Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.
16. NON-DISCRIMINATION.
A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Ri chmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Said Section 2.28.030 is, by this reference, a part of this Agreement.
B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employm ent Practices Act or similar provisions of federal law or executive order in the perf ormance of this Agreement, it will be in default of thi s Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
17. HOLD HARMLESS/INDEMNIFICATION.
Special Counsel agrees to indemnify, hold harmless, release and defend to the m aximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, er rors or omissions (inc luding, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any p erson or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).
18. INSURANCE REQUIREMENTS.
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Special Counsel shall maintain in full force and effect the following insurance policies:
A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference, except the commercial general liability policy shall be $1 million/$2 million aggregate and professional liability shall be $500,000/$1 million aggregate.
19. CONFIDENTIALITY AND MEDIA STATEMENTS.
The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.
20. AMENDMENTS.
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.
21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.
Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.
22. NOTICES.
All notices, pleadings, reports or other communication to the Parties shall be properly 69 7
sent via electronic mail to [email protected], [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.
Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
23. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.
24. INVALID PROVISIONS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.
25. LICENSE REQUIREMENTS.
Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.
Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
MALONEY EMPLOYMENT LAW
By:_______________________________
Title:_____________________________
CITY OF RICHMOND
____________________________
Mayor/ City Manager
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
71 Exhibit A
9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special counsel shall advise and represent the City of Richmond in municipal law litigation matters, including appeals, as assigned by the City Attorney.
City of Richmond Contact Attorney: Shannon L. Moore, Chief Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates
CHRISTINE MALONEY $325/hour
PARALEGAL(S) $145/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 THREE HUNDRED FIFTY Thousand Dollars ($350,000.00) for attorneys’ fees and reimbursements.
72 Exhibit B
10 BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.
These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.
Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.
I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).
73 Exhibit B
11 II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.
When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
74 Exhibit B
12 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.
III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
Actual printing costs;
Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
Actual cost of postage (including express mail delivery charges); Facsimile charges at the rate of $0.25 per page;
Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
Actual cost of long distance telephone calls;
Transcription and reporter's fees; and
Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. 75 Exhibit B
13 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For exam ple, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 76 Exhibit C
14 PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
Anticipated total costs;
The primary issues;
The probability of success; and
A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
Pre-commencement (legal and factual research for the complaint or answer); Pleadings;
Preliminary motions;
Initial discovery;
Factual investigation of merits (interviewing clients, employees and third parties);
Review and abstract City's documents;
Expert (non-medical) investigation and reports;
Medical experts and examinations;
Legal research on merits;
More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
Settlement negotiations;
Trial preparation; and
Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
77 Exhibit C
15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 78 Exhibit D
16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.
The Authority sha ll be entitled to complete access to the covered part y’s claim file, the defense attorney’s complete file, and all investigation material and reports, includi ng all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.
In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands t hat the liability picture may develop as discovery i s ongoing, but this does not excuse the responsibility of providing an early, obj ective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liabi lity; any requests for additional investigation; a brief outline of the discovery planned; and an evaluat ion of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on w hich a court establishes such date.
4) Defense counsel is res ponsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 79 Exhibit D
17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This nee d not be a multi -page deposition summary , but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an a ssessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.
This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Pa st experience has shown that d efense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.
80 Exhibit E
18 LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.
Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
81 Exhibit F
19 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
82 Exhibit G
20 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.
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. 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.
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.
83 Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
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.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
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 sa tisfaction 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. 84 Exhibit G
22 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 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 Manager. 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 85
December 19, 2023
City Clerk's Office
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Cancellation of January 9, 2024, Regular City Council
Meeting
FINANCIAL IMPACT: There is no financial impact with this item
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Richmond City Council meets every first, third, and fourth Tuesday of each month unless special exceptions
are indicated within the Charter, Council Rules and
Procedures, or approved by the City Council.
RECOMMENDED ACTION:
APPROVE the cancellation of the January 9, 2024,
Regular City Council meeting and hold regular meetings
on January 16 and 30, 2024 - City Clerk’s Office (Pamela Christian 510-620-6513).
DISCUSSION:
The Richmond City Council has regularly scheduled meetings every first, third, and fourth Tuesday of every month unless exceptions are indicated within the Charter, Council Rules and Procedures, or approved by the City Council.
AGENDA
REPORT
86
December 19, 2023
With approval of this item, the regular meeting scheduled for Tuesday, January 9, 2024, will be cancelled.
Schedule listed below:
Date Comment
January 9, 2024 No meeting - Cancelled
January 16 and 30, 2024 Regular Meetings – in person/hybrid February 6, 20, and 27, 2024 Regular Meetings – in person/hybrid March 5, 19, and 26, 2024 Regular Meetings – in person/hybrid
DOCUMENTS ATTACHED:
None
87
December 19, 2023
City Council
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Jimenez
Subject:
Amendment to Chapter 3.54 of the Richmond Municipal
Code to match the state definition of “serious bodily
injury” under Penal Code Section 243(f)(4).
FINANCIAL IMPACT: There is no financial impact related to this item
PREVIOUS COUNCIL
ACTION:
April 19, 2016 – City Council introduced an ordinance
(first reading) amending Richmond Municipal Code
Chapter 3.54 entitled "Citizens Police Review
Commission Ordinance" to require the Investigative
Officer to investigate in the event of death or serious bodily injury resulting from direct police action.
May 3, 2016 – City Council adopted an ordinance
amending Richmond Municipal Code Chapter 3.54
entitled “Citizens Police Review Commission Ordinance”
to require the Investigative Officer to investigate in the event of death or serious bodily injury resulting from
direct police action.
STATEMENT OF THE
ISSUE:
The Community Police Review Commission (CPRC)
voted on October 4, 2023, to amend the City of
Richmond ordinance in two areas and is requesting that
the City Council approve the amendment.
AGENDA
REPORT
88
December 19, 2023
RECOMMENDED ACTION:
DIRECT the City Attorney to amend Ordinance 3.54
Community Police Review Commission of the Richmond
Municipal Code to match the State’s definition of “serious bodily injury” under Penal Code Section 243(f)(4) –
Councilmember Jimenez (510-620-6565).
DISCUSSION:
On October 4, 2023, the Community Police Review Commission (CPRC) voted to amend Richmond Municipal Code Chapter 3.54 in two places and are hoping that the City Council will approve the proposed changes.
In order to bring Chapter 3.54 “Community Police Review Commission” of the Richmond Municipal Code into alignment with the State’s amendments to the definition of serious bodily injury, the Community Police Review Commission voted on October 4th to amend the City of Richmond ordinance to match the State’s definition of serious bodily injury. The Commission also wants to add an amendment to appeals of decisions brought forth by the Richmond Police Department of complaints against officers. The Community Police Review Commission is requesting that the City Council approve the proposed amendments.
The first amendment will broaden the definition of serious bodily injury and bring it into alignment with the State’s definition of this term in section 3.54.070 of the Richmond Municipal Code.
Exhibit A – Definition of “Serious Bodily Injury”
This change was approved to match the State law definition of “serious bodily injury” under Penal Code Section 243(f)(4). The current definition of “serious bodily injury”, which is an injury that requires a minimum 72-hour hospitalization, is too narrow and would not encompass commonly accepted instances of serious bodily injury (e.g., broken bones).
Richmond Municipal Code's Definition of Serious Bodily Injury
Section 243(f)(4) “Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
The second amendment is found in section 3.54.080 and will give the Commission access to hear complaints that were not only filed with the Commission but also with the Richmond Police Department.
89
December 19, 2023
Exhibit B –Appeals of Decisions by the Richmond Police Department of Complaints against Police Officers
This change was approved to allow the Commission to review certain types of appeals of cases decided by the Richmond Police Department of complaints against police officers. Currently, the Commission can hear appeals decisions made by the Richmond Police Department of complaints against Richmond Police Officers, except those decisions that involve allegations of the use of unreasonable force or racially abusive behavior. Since the Commission already has jurisdiction to hear complaints of unreasonable force, discrimination, sexual harassment and/or sexual assault originally filed with the Commission, it makes logical sense to hear appeals about such cases if they were filed with the Richmond Police Department. The only exception is that the Commission should not be able to hear appeals of allegations that were already filed with or investigated by the Commission.
As the City Council Liaison to the Commission, Councilmember Jimenez is requesting that the City Attorney’s Office draft amendments that are consistent with the Commission’s direction as outlined above.
DOCUMENTS ATTACHED:
Attachment 1 – Minutes from October 4, 2023, CPRC Meeting
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98
December 19, 2023
City Council
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Cesar Zepeda
Subject:
Provide Guidance to Staff Regarding the Keller Beach
Sewer Project
FINANCIAL IMPACT: The financial impact is estimated to be $500,000. A funding source will need to be identified.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Current contractor, Coastland, has not assessed all
options provided by the Baykeeper Settlement
Agreement; therefore, the community is asking that every option is explored before the City incurs millions of
dollars in costs to comply with the Baykeeper Settlement Agreement.
RECOMMENDED ACTION:
DIRECT staff to (1) use every available option provided by the Baykeeper Settlement Agreement, including
replacing or repairing existing sewer pipes, with the last option to move up into the street level; and (2) hire a new contractor to provide a second opinion/peer review on
work performed by Coastland and to assess all options
provided by the Baykeeper Settlement Agreement –
Councilmember Cesar Zepeda (510-620-6593).
AGENDA
REPORT
99
December 19, 2023
DISCUSSION:
Coastland, the City’s contractor selected to render services obligated to be provided by City in connection with the Baykeeper Settlement Agreement, previously presented options to the community that did not include all options available under the Baykeeper Settlement Agreement. Coastland was a sole-source contractor that failed to properly review and understand the Baykeeper Settlement Agreement. Coastland presented information to the community and indicated they would not be looking at all options; their CEO mentioned they were only contracted to assess one option, which could end up costing the residents thousands of dollars and the City millions of dollars.
Every option must be explored before continuing to move forward with anything further on this project, and a peer-review/second opinion of Coastland’s work must be reviewed. City staff should set up a meeting in January with the ad-hoc neighborhood council working group that is dedicated to this project to update them on this project and later update the entire community by no later than the end of February.
DOCUMENTS ATTACHED:
None
100
December 19, 2023
City Council
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Zepeda
Subject:
Richmond-Shimada Friendship Commission Year-end
Report
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Richmond-Shimada Friendship Commission was
established in 1962.
RECOMMENDED ACTION:
RECEIVE the Richmond-Shimada Friendship
Commission Annual Report – Councilmember Zepeda
(510-620-6593)
DISCUSSION:
The Richmond-Shimada Friendship Commission meets on a monthly basis on the 1st Wednesday in the Shimada Room located in the rear of the Council Chambers. The AGENDA
REPORT
101
December 19, 2023
commission plans and facilitates activities to carry out the mission of building people-to- people relationships.
Richmond Shimada Friendship Commission - End of Year Activities at a Glance
Visit to Shimada October 2022
Hosted student delegation in March 2023
Volunteer Appreciation Picnic with JETAANC
Prepping for student delegation visit in March 2024
Preparing to send first post-covid Richmond Student Ambassadors in Summer 2024
Currently the Commission is preparing to send the first post-pandemic delegation of Richmond Youth Ambassadors to Shimada in July 2024. We are now in the stage of recruiting Ambassador candidates until early February 2024. Additionally, the Shimada Commission has announced the dates for the next Shimada Youth Friendship Ambassadors delegation visit in March 2024, and announced their intention to send an adult delegation to Richmond later in 2024.
For a description of the activities, please review the year-end report attached.
DOCUMENTS ATTACHED:
Attachment 1 - Richmond-Shimada Friendship Commission Year-end Report 102
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Richmond-Shimada Friendship Commission
December 1, 2023
Report of the Richmond Shimada Friendship Commission Activities in 2022/2023
The following report is a summary of the activities of the Richmond Shimada Friendship Commission over the past 14 months.
The Richmond Shimada Friendship Commission was invited to send a delegation to participate in the triennial Obi Matsuri festival held October 2022 in Shimada, Japan. Commission Chair Evan Sirchuk, Commissioners Jamie Brown and Valerie Snider, Staff Liaison Trina Jackson- Lincoln, Mayor Tom Butt, Council Member Demnlus Johnson, past Commissioners Steve Pinto and Steve Kirby, and several other guests visited Shimada and were generously hosted by Mayor Someya and members of the Shimada International Exchange Association (SIEA).
Mayor Butt and Commission Chair Sirchuk met with Mayor Someya and renewed our commitment to continuing the 60-plus year friendship between Shimada and Richmond.
In March 2023, the Commission welcomed the first post-pandemic Shimada Youth Friendship Ambassadors to Richmond. Through the combined efforts of volunteers, chaperones, host families, and City resources, the Youth Ambassadors spent nine days visiting WCCUSD schools and experiencing the best of Richmond food, culture and environment. The Commission shared the success of this visit in a short article, written by volunteer member Ana Speros and published by the California-Japan Sister Cities Network (CJSCN) and shared with the Consulate-General of Japan in San Francisco in May 2023, see attached newsletter.
In June 2023, longtime Commission Chair Evan Sirchuk completed his term as Chair. The Commission is deeply grateful for his expert leadership over the past six years and through the ups and downs of the pandemic. The Commission elected new Chair Jamie Brown, Vice Chair- Treasurer Valerie Snider, and Secretary Maryann Maslan.
In August 2023 the Commission held a “Summer in the Parks” Volunteer Appreciation Picnic in collaboration with the Japan Exchange Teaching Alumni Association of Northern California (JETAANC) to celebrate the volunteers who make the Commission’s activities possible. The picnic was held at Shimada Friendship Park on August 13th, and featured a game of Ground Golf using equipment gifted by the Shimada Commission. The Commission shared news of the picnic in a short article written by Ana Speros and published in the CJSCN Newsletter in October 2023, see attached.
Currently the Commission is preparing to send the first post-pandemic delegation of Richmond Youth Ambassadors to Shimada in July 2024. We are now in the stage of recruiting Ambassador candidates until early February 2024. Additionally, the Shimada Commission has announced the dates for the next Shimada Youth Friendship Ambassadors delegation visit in March 2024, and announced their intention to send an adult delegation to Richmond later in 2024.
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The Commission is also recruiting new volunteers and potential Commissioners, and invites any interested party to attend our regular monthly meetings typically held on the first Wednesday of the month. Please visit the Richmond Shimada Friendship Commission page on the City of Richmond website for schedule updates and further information.
Richmond Shimada Friendship Commission - End of Year Activities at a Glance
Visit to Shimada October 2022
Hosted student delegation in March 2023
Volunteer Appreciation Picnic with JETAANC
Prepping for student delegation visit in March 2024
Preparing to send first post-covid Richmond Student Ambassadors in Summer 2024
Commissioners:
Jamie Brown, Chair
Valerie Snider, Treasurer
Maryann Maslan, Secretary
Evan Sirchuk, Commissioner
Arriana Rodriguez, Commissioner
Mindy Pines, Newly Appointed Commissioner
City Council Liaison – Councilmember Cesar Zepeda
Staff Liaisons – Project Coordinator Trina Jackson-Lincoln and Asst. Admin Analyst Mary Marable Currently, there are vacancies on the commission. Please visit the City of Richmond City Commissions webpage to review a list of commissioners, vacancies and application. 104
December 19, 2023
City Council
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Cesar Zepeda and Councilmember
Claudia Jimenez
Subject:
Feasibility Study of Dynamic Personal Micro Transit
System to Connect West County Cities to Local
Transportation Hubs.
FINANCIAL IMPACT: The fiscal impact has not been determined. Staff will provide a cost analysis when the item is brought back to the City Council for a budget allocation.
PREVIOUS COUNCIL
ACTION:
The City Council has approved projects that assist riders with connecting the first and last mile of their
transportation needs.
STATEMENT OF THE
ISSUE:
Public transportation users in Richmond and neighboring cities would benefit from additional options to complete the first and last mile to and from their transportation destination. Dynamic Personal Micro Transit Systems
can assist with connecting users to destinations and
create opportunities with neighboring cities.
RECOMMENDED ACTION:
DIRECT staff to conduct a Feasibility Study for
implementation of a Dynamic Personal Micro Transit
(DPMT) system to connect the Richmond Ferry Terminal,
BART, and Hilltop Mall – Councilmember Zepeda (510-
620-6593) and Councilmember Jimenez (510-620-6565).
DISCUSSION:
Public transportation is a necessity for many residents. Gaps within the first and last mile are an issue that we continue to look for viable solutions. Micro mobility systems could provide and create partnering opportunities with neighboring cities to connect AGENDA
REPORT
105
December 19, 2023
West County cities to the Richmond Ferry, Richmond BART, Hilltop, and other transit deserts in Richmond.
The goals of the project are to complement fixed route transit service, close gaps in the first-mile-last-mile services, reduce congestion and greenhouse gas emissions, increase safety, spur economic development, and provide equitable transportation access for all our residents.
BACKGROUND
In the fall of 2020, the Cities of Antioch, Brentwood, Oakley, and Pittsburg partnered with Glydways LLC to complete the East Contra Costa County DPMT Feasibility Study (Study) to support potential deployment of the system in the region. The cost of the Study was $80,000.
The Study ultimately concluded that DPMT is feasible to deploy in the East County with the following potential benefits:
Support economic development and create jobs
Congestion relief by way of converting vehicle trips to transit trips Increased transit access for underserved communities
Cost effective and scalable solution
Environmentally sustainable solution
Speedy deployment delivered through public/private partnership (P3) in a Design Build Finance Operate Maintain (DBFOM) environment
In spring 2021, the East County cities each adopted a resolution of support for the project with a recommendation that implementation of the DPMT Project be further explored. Subsequently, Contra Costa Transportation Authority (CCTA) and Eastern Contra Costa County Transit Authority (Tri Delta), collectively referred to as the ‘Authorities’ have signed a Memorandum of Understanding to partner to deliver the project. In early 2022, the Authorities held an Industry Outreach to gauge industry interest in, and the potential to deliver a viable project. Following this extensive outreach, a P3 public procurement process was initiated in November 2022. The Authorities ultimately selected the East County Connection Partners (ECCP) developer team using the Glydways technology to advance the DPMT project in East Contra Costa County.
Staff is encouraged by the Study findings and the advancement of the East County project and proposes to conduct a similar feasibility study on a conceptual alignment that connects the Richmond Ferry Terminal and BART, with Hilltop Mall.
City staff has met with Glydways to review the system technology and recommends exploring the viability of this service and it is our belief that investments in this innovative initiative will help complement fixed route transit service, reduce congestion and greenhouse gas emissions, increase safety, spur economic development, and provide equitable transportation access for all our residents.
106
December 19, 2023
Proposed Outline of DPMT Feasibility Study
Executive Summary
Introduction
The purpose of the Study
Goals and Objectives
Context and Technology Feasibility
Technology Options
Concept of Operation
System Requirement
Potential Benefits
Concept Design
Technology Evaluation
Evaluation Criteria
Planning and Programming
Conceptual Design
System Infrastructure
Environmental Constraints
System Implementation
Operation and Maintenance
Travel Demand Forecasting
Cost Comparison
Cost Benefit and ROI
Technical Issues
Institutional and Societal Issues
Risk Analysis
Evaluation Criteria Matrix
Feasibility of Business Case
Revenue Model
Model Deployment
Capital Cost Estimate
Potential Business Models
Conclusion and Recommendations and Next Steps
DOCUMENTS ATTACHED:
None
107
December 19, 2023
City Council
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Cesar Zepeda, Councilmember Claudia
Jimenez, and Councilmember Soheila Bana
Subject:
Proposed Council Chamber Art Exhibit Pilot Program
FINANCIAL IMPACT: $5,000 funded from the General Fund
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council Chamber Art Exhibition Pilot program
will offer residents and visitors a unique and engaging experience that reflects Richmond’s diversity and rich
history through quarterly exhibit.
RECOMMENDED ACTION:
DIRECT staff to facilitate public art in the Council
Chambers in an amount not to exceed $5,000; and
AUTHORIZE the City Manager or her designee to
negotiate and enter into any required agreements or
contracts - Councilmember Cesar Zepeda (510-620-
6593), Councilmember Claudia Jimenez (510-620-6565),
and Councilmember Soheila Bana (510-620-6743).
AGENDA
REPORT
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December 19, 2023
DISCUSSION:
To enhance the cultural and artistic vibrancy of Richmond through art that reflects the City of Richmond’s history, diversity, and future aspirations, a City Council Chamber art exhibition is being proposed in 2024. This art exhibition is proposed to begin in the first quarter of next year, 2024, and will be changed out every quarter to acknowledge Richmond’s diverse heritage and contemporary experiences. For example, February will contain art regarding Black History Month, April will have art for Asian/Pacific Islander Heritage Month, June will have art that represents Juneteenth and LGBTQI Pride, and September will have art for Hispanic Heritage month. The art that is being displayed will come from an artist who identifies with the art, whether it be ethnically or socially.
This is also an opportunity to include art pieces relative to our sister city relationships.
During the months of planned visits from sister city delegations, artwork relative to the visiting municipality can be incorporated into the exhibit.
This project will include a contract with a local artist who will curate the exhibits. The artist can work with public works staff to purchase the hardware and install the hanging art pieces. The hardware base is a wire system and will be installed in the City Council Chamber, and the hanging art will be connected to the stationary wire to allow hanging art to be changed quarterly. The estimated budget total is $5,000 for this project.
Estimated Budget
Hardware $2,000
Installation $500
Curator Stipend $500
Marketing $500
Lobby Receptions $1,000
Unanticipated Costs $500
Local artists will be invited to participate. This is a pilot project, championed by Councilmember Cesar Zepeda, and the City Council will work with staff to determine if any adjustments will need to be made.
These exhibitions will attract visitors, enhance tourism, and support local business, and could possibly increase the attendance at local meetings in the Council Chambers. The 109
December 19, 2023
initiative will provide a platform for local artists to showcase their work, promoting artistic growth and recognition.
The Richmond City Council Chamber will become a dynamic space, embodying the intersection of governance, community, and culture. Exhibitions will be curated to respect the decorum of the Council Chamber while adding aesthetic and intellectual value to the space.
A robust marketing campaign through Facebook, Instagram, and email channels will promote each exhibition, drawing in diverse audiences. Interactive social media campaigns will foster a sense of community and anticipation for upcoming exhibitions.
There will also be grass root efforts visiting Neighborhood Council meetings to promote and disseminate leaflets and speak with each Neighborhood Council.
Integrating these art exhibitions into the Richmond City Council Chamber will not only beautify the space but also strengthen community ties, promote cultural and educational values, and position Richmond as a city that celebrates art, heritage, and embraces its diversity, and looks forward to its future with innovation and creativity. This initiative promises to enhance the public’s experience of the Council Chamber, making it a hub of civic pride and cultural engagement.
DOCUMENTS ATTACHED:
Attachment 1 – City Council Chamber Art Exhibit Pilot Program 110
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December 19, 2023
City Manager's Office
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager – Community
Services
Patrick Seals, Project Manager
Nicholas Delgado, Associate Management Analyst
Subject:
Contract with Public Works LLC to Support the
Development of a Community Needs Assessment and
Strategic Investment Plan
FINANCIAL IMPACT: The Department of Children and Youth has budgeted for the proposed expenditure of $230,000 (13371018-
400201)
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Department of Children and Youth staff are requesting
approval of a contract with Public Works LLC to support the development of a Community Needs Assessment
and a Strategic Investment Plan to guide the Richmond
Fund for Children and Youth grant funding for Fiscal
Years 2024-2027.
RECOMMENDED ACTION:
APPROVE a contract with Public Works LLC in the
amount of $215,500, with a $14,500 contingency, for a
not-to-exceed total contract amount of $230,000, to
support the Department of Children and Youth in the
development of a Community Needs Assessment and
Strategic Investment Plan, with a contract term from
December 20, 2023, through December 31, 2024 – City
Manager’s Office (LaShonda White 510-620-6828/Patrick
Seals 510-307-8016).
AGENDA
REPORT
112
December 19, 2023
DISCUSSION:
Background
On June 5, 2018, the Richmond community approved Measures E and K. These measures, known as “Richmond Kids First Initiative,” outlined the creation of the Richmond Fund for Children and Youth (RFCY) and the Richmond Department of Children and Youth (RDCY). Measures E and K were ratified and added into the Richmond City charter as Article 15.
Article 15, Section 8 “Strategic Investment Plan,” denotes that all funding for Richmond youth via the RDCY and its oversight board must be guided by a Strategic Investment Plan (SIP), it requires: “Each Strategic Investment Plan shall set forth funding priorities for a three-year period and shall set forth a plan for overseeing and evaluating the Fund and the programs supported by the Fund. The Department of Children and Youth shall work with the Oversight Board to complete the Strategic Investment Plan and conduct a needs assessment.” Additionally, Article 15 - Strategic Investment Plan(A)(B), further states the need for the SIP to be guided by a Community Needs Assessment (CNA).
More specifically, the needs assessment needs to involve community meetings throughout the city, gathering input on the service needs of various populations.
Furthermore, the funding priorities in the SIP shall be based on the CNA and input from the community.
The first CNA/SIP Request for Proposals (RFP) was released on December 10, 2019.
Hatchuel, Tabernik & Associates (HTA) was chosen to develop a CNA/SIP that would guide the Richmond Department of Children and Youth through FY 2021-24. The Needs Assessment and Strategic Plan established priority areas for City of Richmond youth.
Each Priority Area received a percentage of funding based on community input via community surveys, workshops, and targeted stakeholder input. HTA identified the following priority areas and funding amounts as needs for the City of Richmond:
Behavioral Health, Mental Health 20% of funding
Education and Employment / Training
Support
20% of funding
Out of School Time, After-school, Sports
and Enrichment
20% of funding
Violence Prevention 20% of funding
Basic Needs 10% of funding
Information / Case Management 10% of funding
The Department seeks to hire a consultant to support outreach and data collection, conduct a community needs assessment, and develop a strategic investment plan to inform the second three-year grant cycle for FY 2024-27 of the Richmond Fund for Children and Youth. To meet these provisions, the Department drafted and released an RFP on Tuesday, June 20, 2023 (Attachment 1). The RFP outlined four elements that detailed the scope of services and provided suggested activities and deliverables which included the following:
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Community Engagement
Community Needs Assessment
Strategic Investment Plan
Ongoing Project Management
Potential vendors were eligible to apply by completing an application via the City of Richmond’s BidsOnline web platform. Over 1,000 vendors were notified via BidsOnline (Attachment 2). All submittals were due to the Department by noon on August 1, 2023.
Staff received seven (7) responses to the RFP, with the following organizations interested in contracting with the City of Richmond on the CNA/SIP:
Empathy in Action
EVALCORP
Initium Health
Eli Patrick & Co.
Courtney Lea LLC
Linnett Loving LLC
Public Works LLC
A review team, consisting of Department staff and Oversight Board members, evaluated the vendors on their proposed plan to implement the project, their ability to substantiate their expertise in conducting needs assessments and strategic planning, the project timeline, and budget. Proposers also demonstrated experience working in diverse populations and communities like Richmond. The firms’ RFP submittals were evaluated on the following specific score values:
Projected Scope & Timeline (35 points)
Aligned Experience & Relevant Work Sample (25 points) Key Project Personnel & Resumes (20 points)
Budget (15 points)
Quality, Completeness & Attention to Requirements (5 points)
On Monday, October 16, 2023, the review team met to discuss initial vendor scores.
Department staff arranged the vendors in order by aggregate score. Three (3) vendors were extended offers to interview due to their ranking. Department staff scheduled interviews with Public Works LLC, EVALCORP, and Initium Health. Vendors were given time to prepare a presentation for the review team which consisted of a 15-minute slide deck presentation and a 30-minute question and answer session. Vendors presented to the review team on October 30, 2023, and subsequently reviewers discussed scores and rankings from the proposal review and interviews (Attachment 3).
After discussion and review of scores, Public Works LLC was unanimously ranked as the highest rated vendor. Consequently, Department staff is recommending City Council approval for a contract with Public Works LLC to serve as the next vendor to support the 114
December 19, 2023
Community Needs Assessment and Strategic Investment Plan in its FY 2024-27 grant cycle (Attachment 4).
Public Works LLC Background
Public Works LLC brings a group of highly skilled professionals who have led stakeholder engagement and strategic planning at every level of government. They have decades of experience in completing action-oriented community needs assessments and developing innovative programs for municipal and state governments nationwide. Notably, they have worked with the City of Philadelphia to develop their Children’s Investment Strategy, complete with thoughtful, effective fiscal and performance metrics – a project that has become a national model over the past quarter-century.
Additionally, Public Works LLC has staff who are rooted in both Richmond and the greater San Francisco Bay Area culture. Several Public Works LLC staff were born and raised in Richmond and the greater Bay Area region and are excited to cultivate a Needs Assessment that accurately reflects the needs of children and youth.
DOCUMENTS ATTACHED:
Attachment 1 – Request for proposals
Attachment 2 – BidsOnline report
Attachment 3 – Application scores
Attachment 4 – Contract with Public Works LLC
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Request for Proposals
RICHMOND FUND FOR CHILDREN AND YOUTH
COMMUNITY NEEDS ASSESSMENT AND STRATEGIC INVESTMENT PLAN
Release Date: Tuesday, June 20, 2023
Deadline for Submittal: Tuesday, August 1, 2023, at 12:00 pm (noon)
Department Contact for all communications:
Patrick Seals, Grants Project Manager: [email protected] or 510.620.6523
CITY OF RICHMOND
Department of Children and Youth
City Manager’s Office
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Contents
Introduction ................................................................................................................................... 4 About the City ............................................................................................................................... 4 Project Background ....................................................................................................................... 4 RFP Schedule ............................................................................................................................... 5 Qualifications of Applicants ........................................................................................................... 5 Scope of Services ......................................................................................................................... 6
1. Community Engagement ....................................................................................................... 6 Potential Activities: ................................................................................................................. 6 Suggested Deliverables: ........................................................................................................ 7
2. Community Needs Assessment & Report ............................................................................. 7 Potential Activities: ................................................................................................................. 8 Suggested Deliverables: ........................................................................................................ 8
3. Strategic Investment Plan ..................................................................................................... 8 Potential Activities: ................................................................................................................. 9 Suggested Deliverables: ........................................................................................................ 9
4. Ongoing Project Management ............................................................................................... 9 Potential Activities: ................................................................................................................. 9 Suggested Deliverables: ...................................................................................................... 1 0 Policy Synergies ......................................................................................................................... 10 Proposal Elements and Format Requirements ........................................................................... 10 Transmittal Letter (1 page maximum) .................................................................................. 10 Projected Scope of Work (8 pages maximum, including charts/tables) ............................... 10 Timeline of project (1 page maximum) ................................................................................ 11 Description (1 page maximum) and Sample of Previous Work ........................................... 11 Key Project Personnel Overview (2 pages maximum – not inclusive of résumés) .............. 12 Proposed Budget & Costs (2 pages total: 1 page budget spreadsheet + 1 page budget narrative) .............................................................................................................................. 1 2 List of References ................................................................................................................ 12 Value Added Services ......................................................................................................... 1 3 Questions and Correspondence Concerning RFP ...................................................................... 13 Utilizing the City’s BidsOnline System ................................................................................. 13 Questions & Answers .......................................................................................................... 1 3 117
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Addendums ......................................................................................................................... 13 Process for Submitting Proposals ............................................................................................... 13 Evaluation of Proposals .............................................................................................................. 14 Selection Process ................................................................................................................ 14 Proposal Evaluation ............................................................................................................. 14 Interview/Presentations ....................................................................................................... 15 Pre-Award Negotiations ....................................................................................................... 1 5 General City Requirements ......................................................................................................... 16
1. General Information ......................................................................................................... 16
2. Public Records ................................................................................................................. 16
3. Contractor Assignment of Sub-Contract .......................................................................... 17
4. Previous Contracts with the City of Richmond ................................................................. 17
5. Exceptions to this Request for Proposals ........................................................................ 17
6. Statement of Impartiality and Disclosure .......................................................................... 17
7. Insurance Requirements .................................................................................................. 17
8. Business Licenses ........................................................................................................... 18
9. Compliance with City Ordinances .................................................................................... 18
10. Sanctuary City Ordinance (SCCO) ............................................................................... 18
11. Limited Liability Company Disclosure Statement (LLCS) ............................................. 18
12. Collusion ....................................................................................................................... 18
13. Withdrawal of Proposals ............................................................................................... 18
14. Ownership of Documents ............................................................................................. 18 Attachment 1: Standard Services Agreement ............................................................................. 20 Attachment 2: Insurance Requirements ...................................................................................... 21
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Introduction
The Richmond Department of Children and Youth (Department) and the Richmond Fund for Children and Youth (Fund) were established on June 5, 2018, aft er the passage of Measures E and K (Richmond Kids First Initiative). The City ratified the measures within its Charter as Article 15 – Richmond Fund for Children and Youth. The Fund was created in order to provide a sustainable funding stream for youth-serving organizations in R ichmond and North Richmond.
This was done by providing grant funding to various organizations beginning in July 2021.
The City of Richmond is requesting proposals from qualified fir ms to support the Department in the development of: (1) a Community Needs Assessment that will evaluate current services provided to Richmond youth 24 years and younger, and (2) a thre e-year Strategic Investment Plan that will guide the grant-making processes of the Fund. Th is work will be centered on a robust and authentic community engagement process.
This request for proposal (RFP) describes the project, the requ ired scope of services, the consultant selection process, the minimum information that must be included in the proposal, and submittal processes. By responding to this RFP, the consultant agrees to read and understand all information contained within this entire Proposal package.
The Department aims to have the consultant selected and contrac t approved by City Council in September 2023. Department staff is aiming for adoption of the Strategic Investment Plan by in January/February 2024, so that we staff can release the grant a pplication by February/March 2024. The anticipated term of this contract will be at least un til June 2024, with a possible term extension by mutual agreement of both parties.
About the City
The City of Richmond was incorporated as a city in 1905. Per th e 2020 Decennial Census, Richmond’s population was 116,448, of whom, 30.9 percent are aged 24 years and younger. The City of Richmond provides a full range of municipal services in cluding police and fire protection; construction and maintenance of streets and infrastructure; lib rary services; storm water and municipal sewer systems; operation of a wastewater treatment fa cility; and the administration of recreational activities and cultural events.
Project Background
Measures E and K identify that the Fund will serve young people living in Richmond and North Richmond, aged 24 years and younger. Priority populations inclu de system-impacted youth, disconnected and transitional-aged youth, LGBTQ youth, immigran t and undocumented youth, youth living in poverty, and more as specified in the Measures.
The Department will work closely with a 15-member Oversight Boa rd (Board) of adult and youth community members to help guide funding for youth-serving organ izations. Some of the responsibilities of the Board include supporting the developmen t of a Community Needs 119
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Assessment, approving a Strategic Investment Plan, and making r ecommendations to the City Council on awarding grants. The Department has also convened a Service Provider Working Group with representatives from youth-serving community-based o rganizations and an Interdepartmental Agency Working Group of other City employees for informal thought partnership and feedback. Additional information about the Depa rtment and Fund can be reviewed at www.richmondyouth.org.
Per Article 15 of the Charter - Richmond Fund for Children and Youth, the City is mandated to set aside a specified amount of funds annually from the City’s unrestricted general-purpose revenues (General Fund):
FY18-19 (July 1 – June 31): $250,000 from the General Fund for the establishment of the Fund and the Department.
FY19-20: $700,000 from the General Fund to continue developing the Department, conducting the Community Needs Assessment, and preparing the St rategic Investment Plan
FY20-21: No funding, intentional gap year
FY21-22: 1% of the General Fund
FY22-23: 2% of the General Fund
FY23-24 and each fiscal year until 2027-2028: 3% of the General Fund
RFP Schedule
Applicants will be notified of any changes to the schedule via the City’s BidsOnline system.
Item Date
Request for Proposals (RFP) Released June 20, 2023
All Questions Due via BidsOnline July 10, 2023
Response to Questions Submitted by
Proposers Posted via BidsOnline
July13, 2023
Proposals Due August 1, 2023
Interviews August 28, 2023 (Tentative)
City Council Approval of Contract September 2023
Contract Begins Late September/October 2023
Qualifications of Applicants
Qualified organizations will have demonstrated experience and expertise in:
Effective community engagement, specifically with groups diver se across race and ethnicity, language, socio-economic status, sexual orientation, gender presentation, age, etc.
Managing, facilitating, and collaborating with diverse groups of stakeholders (i.e., government, parents, community-based organizations, youth, etc.). Working in and with diverse communities and with non-English s peaking communities. Knowledge of the Richmond community and local youth services. Conducting neighborhood-level and city-wide Community Needs As sessments and asset mapping and leading input processes such as listening sessions, focus groups, key 120
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informant interviews, community forums, questionnaire and survey sampling, and/or other community engagement methods.
Familiarity with investment planning for public resources (inc luding identification of policy opportunities and constraints in funding) and familiarity with other key City departments, initiatives, and partnerships.
Developing strategic plans, accessing and analyzing existing d ata sources, and conducting and incorporating research and analysis.
Experience working with youth in strategic planning processes.
Proposers are allowed to include subcontractors, including family- and youth-serving community- based organizations, as appropriate for specific activities ass ociated with the four elements described in the Scope of Services (i.e., community engagement, Community Needs Assessment, Strategic Plan, and/or project management).
Scope of Services
In addition to the Community Needs Assessment and Strategic Inv estment Plan, the consultant will be responsible for community engagement and ongoing project management. These services shall begin once the contract is initiated.
These four elements are described in depth, below.
1. Community Engagement
Community engagement is essential to the development of the Com munity Needs Assessment and Strategic Investment Plan. The community engagement facilit ators associated with the consultant should have the qualifications and competency to suc cessfully engage diverse populations throughout the planning process and the consultant should use the information and learnings collected from the community to directly inform repor ts and recommendations.
Community engagement should include a variety of voices and stakeholders, be accessible to all community members, and emphasize the participation of Richmond’ s most structurally marginalized residents. The consultant should incorporate non-t raditional methods of both information gathering and communicating results back out to the community and stakeholders.
All community engagement and outreach will be done in collabora tion with the Department, Board, and key stakeholders.
Potential Activities:
Collaborate with existing entities such as (but not limited to ) the Oversight Board, Service- Provider Working Group, Interdepartmental Agency Working Group, Richmond Boards and Commissions, Community-Based Organizations, and/or Neighbor hood Councils to develop and implement a plan for community engagement.
Subcontract with a family- or youth-serving community-based or ganization to support the Department to engage young people and families in community engagement activities. Lead community engagement opportunities to solicit feedback fr om the general public, especially youth, such as (but not limited to) facilitating foc us groups, conducting 121
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informational and key stakeholder interviews, leading community forums, and/or participating in community walking tours.
Create, distribute, collect, and analyze questionnaires; devel op sampling methods and protocols; and prepare analyses and reports.
Communicate back to the public and disseminate learnings after community engagement activities.
Adjust outreach methods according to community feedback whenev er possible and appropriate; encourage community participation through incentives, and/or provide thank you gifts to community-based organizations that host outreach a nd engagement events, as appropriate.
Ensure that all community engagement outreach, activities, and follow-up materials are accessible and inclusive, which includes but is not limited to:
1. Full participation is accessible and encouraged, at a minimu m, in English and Spanish;
2. Materials are available in English and Spanish and accessibl e to a wide array of literacy abilities; and
3. Events address participants’ needs such as childcare, transp ortation barriers, and physical and ADA accommodations.
Suggested Deliverables:
A written community engagement plan.
Facilitation of engagement sessions and creating/providing all necessary materials for key stakeholders, community residents (including youth and their fa milies), and policymaker participants.
Questionnaires and analyses.
Summaries, analyses, syntheses, and/or visual reports of the l essons learned (quantitative and qualitative) through community engagement activities to share with staff and community residents and participants.
Materials for conducting outreach, disseminating learnings, an d following-up with community through social media and/or other relevant community information channels.
2. Community Needs Assessment & Report
The Department understands a Community Needs Assessment to be a systematic process for determining and addressing needs, or “gaps,” between current co nditions and the desired conditions, including a synthesis of local context that shape c ommunity health and well-being.
The Department is seeking a consultant to support this process in determining the needs of youth 24 years and younger residing in Richmond, through an evaluatio n of existing infrastructure and services to determine how the needs of the community are being met. The consultant should also identify the barriers that prevent residents from accessing the services they need and understand any gaps in services. The Community Needs Assessment should identify areas and priorities for improvement. The Department will share preliminary data collected to-date, so that the consultant can support, refine, and advance the Community Needs Assessment.
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Information should be analyzed and synthesized into relevant su b-groups, such as common characteristics by age and/or geographic area. The Community Ne eds Assessment should also attend to the unique needs and experiences of the priority popu lations of youth identified in Section 4 of Measure E.
The assessment and report should be presented in a narrative and visually appealing format that is accessible and digestible by a variety of stakeholders and community members.
Potential Activities:
Identify a framework(s) for the Community Needs Assessment in consultation with Department staff.
Identify an asset-based community mapping framework(s) in cons ultation with Department staff and relevant stakeholders.
Utilize existing information, data, community feedback, and ot her efforts to-date to hone in and tailor additional efforts.
Ensure all Community Needs Assessment activities, protocols, a nd processes are aligned to the community engagement plans and inclusivity requi rements, done in collaboration with the Oversight Board, key stakeholders, commu nity-based organizations, youth, families, and residents.
Present findings and reports to the Oversight Board to collect feedback, update, and revise as needed.
Possibly submit final report to the City Council.
Suggested Deliverables:
A report that includes a summary of findings relevant to servi ce needs, priority populations, and effective strategies for achieving outcomes. Recommendations for quantitative data sets that can be incorpo rated in the City’s Open Data portal and/or Health in All Policies annual report. Presentations of findings and reports to Department staff, the Oversight Board, and other key stakeholders.
Visual representations of community needs, gaps in services, b arriers, strengths, values, and assets (such as a geographic map, relationship matrix, etc.).
3. Strategic Investment Plan
Per the Charter, the Department’s Strategic Investment Plan shall set forth funding priorities for a three-year period, and shall set forth a plan for overseeing an d evaluating the Fund and the programs supported by the Fund. The Department of Children and Youth shall work with the Oversight Board to complete the Strategic Investment Plan and conduct a needs assessment.
As the second Strategic Investment Plan, it will guide the Depa rtment’s Oversight Board by identifying strategies that lead to the selection of programs and activities over the three-year grant cycle (FYs 2024-2025, 2025-2026, and 2026-2027). The Strategic Investment Plan should describe specific three-year program initiatives that address the needs and gaps relative to each 123
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identified strategy, including priority population(s), and how each initiative is aligned to long-term positive outcomes for youth.
The Strategic Investment Plan should be explicit in its intended impact and intention in alignment with the leading initiatives underway in Richmond and Contra Costa County (see Policy Synergies section), including the intended purpose, goals, and outcomes of the Ki ds First Initiative as demonstrated in City of Richmond Charter Article 15 – Richmond Fund for Children and Youth.
The Strategic Investment Plan will be made available for public comment prior to finalization. The lead consultant will present on the development of the plan and final product to the Oversight Board and community members and will present the plan to Richmond City Council for adoption, based on the final timeline determined.
Potential Activities:
Identify and incorporate decision-making and strategy developm ent framework(s) (e.g., Results-Based Accountability).
Develop prioritized funding strategies/themes and impact/outco mes aligned to the Community Needs Assessment.
Develop a draft three-year Strategic Investment Plan, conduct a technical review of the draft, and facilitate public input and feedback on the draft to make revisions. Ensure synergy between the Strategic Investment Plan and City of Richmond’s policy frameworks (e.g., General Plan 2030, Health in All Policies, and Government Alliance on Race Equity).
Present Strategic Investment Plan to the Oversight Board for a pproval. Present final Strategic Investment Plan to the City Council fo r adoption.
Suggested Deliverables:
Written Strategic Investment Plan that defines goals, expected outcomes, performance objectives, performance measures, and funding allocations. Presentation materials relevant to the Board and the City Coun cil when presenting Strategic Investment Plan for approval and adoption, such as Po werPoint, executive summaries, agenda reports.
4. Ongoing Project Management
To support the ongoing work associated with the Community Needs Assessment and Strategic Investment Plan, the consultant will lead project management an d communications with Department staff, including providing regular progress reports. Additionally, the consultant will work closely with Department staff throughout the term of the project, as well as key stakeholders such as the Oversight Board and Service Provider Working Group.
Potential Activities:
Present periodic updates to the Department, Oversight Board, c ommunity and the City Council.
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Plan and facilitate internal (e.g., Department and Oversight B oard) and external (e.g. community) meetings.
Suggested Deliverables:
Attend in-person meetings at least monthly, with periodic chec k-ins via email and/or phone to report progress and discuss upcoming activities. Develop handouts, outreach materials, agendas, and presentatio n materials, ensuring aforementioned accessibility considerations (language, literacy, etc.).
Policy Synergies
The consultant should ensure their proposed activities are in a lignment with the frameworks and approaches currently used in the City of Richmond, including but not limited to:
The 2030 General Plan - Education and Human Services Element, Policies EH3.1 and EH3.2 (http://www.ci.richmond.ca.us/2608/General-Plan-2030)
Health in All Policies - Full Service and Safe Communities Int ervention Area, Action 3D (http://www.ci.richmond.ca.us/2575/Health-in-All-Policies-HiAP) Government Alliance on Race and Equity ( https://www.ci.richmond.ca.us/3701/GARE)
Proposal Elements and Format Requirements
Transmittal Letter (1 page maximum)
Address letter to Patrick Seals, Grants Project Manager of the Richmond Department of Children and Youth.
Ensure an officer of the lead agency signs the transmittal. Include name, title, phone number, and email address for main staff contact for all communications regarding your proposal submission.
Include a statement regarding the firm’s ability to comply wit h the RFP and/or standard provisions of the City of Richmond’s Standard Services Agreemen t including insurance requirements.
Provide responses to the following items under the section ent itled “General City Requirements”: Item #4 (Previous Contracts with the City of Ric hmond), Item #5 (Exceptions to this Request for Proposals), and #6 (Statement o f Impartiality and Disclosure)
Include a stipulation that the proposal price will be valid fo r a period of at least 180 days. Provide an introduction of your organization, your motivation for seeking this project, and an overview of the skills and experiences your organization wou ld contribute to this project.
Projected Scope of Work (8 pages maximum, including charts/tables) Please describe in detail how you will address the project com ponents as outlined in the Scope of Services section of the RFP. Potential descriptions in clude, but should not be limited to:
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o Community Engagement: What is your plan for community engageme nt that is inclusive and authentic? What is your plan to engage diverse po pulations effectively and how has it been shaped by your specific experience and past work? What activities will you incorporate? If you plan to subcontract with profit and/or not-for-profit organizations, which aspects of the work (i.e. community engage ment plan or community needs assessment) will they support, and how? How wil l you design the input, analysis, and decision-making processes? How will you me asure the success and/or outcomes of the community engagement process?
o Community Needs Assessment: How will you assess community need s, service gaps, assets, opportunities, and priority populations? What framework(s) will you use? What types of events and activities will you initiate when conductin g the Community Needs Assessment? How will you summarize and prepare findings for community members, the Oversight Board, and Department Staff? How will you present the information collected back out to the community?
o Strategic Investment Plan: What frameworks will you use to gui de strategic decision- making and/or designing the evaluation plan? What is the propos er’s relevant experience in strategic planning? What is your capacity to manage a public process of this nature and magnitude? How will you present the information collected through this process back out to the community?
o Project Management: How will you interface with Department sta ff, the Oversight Board, and the community? How will you prioritize this project and how will your team communicate plans and/or changes to Department staff? What prod ucts and deliverables will you produce? What special resources can your team offer that are relevant to the successful completion of the project?
Timeline of project (1 page maximum)
Provide an overall project schedule, including the timing of a ctivities related to community engagement, the development of a Community Needs Assessment and a Strategic Investment Plan, and general project management needed to implement the project. It is estimated that the consultant’s work will begin in Septe mber/October 2023. It is the anticipation of Department staff that the Community Needs Asses sment (phase 1) and Strategic Investment Plan (phase 2) will be finalized and appro ved by City Council in February 2023.
Description (1 page maximum) and Sample of Previous Work Describe previous work projects that align to the Scope of Ser vices and in particular the Community Needs Assessment and Strategic Investment Plan. Describe similar experience and work in communities like Richm ond and North Richmond. Include one (1) example of a similar project that you have com pleted within the past five years that is similar in size and scope to demonstrate competen ce to perform these services (digital links to work products are acceptable).
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Key Project Personnel Overview (2 pages maximum – not inclusive of résumés) Describe the diversity of your organization’s staff and if/how it is representative of City of Richmond residents.
Submit a brief professional biography of key personnel expecte d to be involved with the project, indicating aligned experiences, skillsets, and propose d project responsibility relevant to this project.
Submit a résumé for key personnel expected to be involved with the project. Indicate clearly on each résumé if these individuals are already staff f or the applicant agency or whether they are proposed as new hires based on the awarding of this contract. (2 pages maximum per resume).
If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. If including subcontractors, please provide the following: add resses, telephone numbers and areas of expertise of each.
Proposed Budget & Costs (2 pages total: 1 page budget spreadshe et + 1 page budget narrative)
Include a not-to-exceed total budget amount.
Provide a detailed budget spreadsheet indicating the cost of e ach major element identified in the Scope of Services and including all direct and indirect project costs associated with the budget narrative and Scope of Services.
o Include a brief narrative to detail the costs for the projecte d budget as tied to the deliverables outlined in Scope of Services.
o Include line items for each staff to be assigned to the projec t, total projected hours, and hourly rate. Hourly rates shall be all-inclusive (i.e., base salary, fringe benefits, overhead, profit, etc.).
o Budgets should include costs associated with facilitating effe ctive community engagement activities, including materials or reproduction costs, community outreach and engagement incentives, as well as subcontractor services and costs, if needed.
Please note: Proposers will be paid at the same rates set forth in their cost proposal and no additional funds will be paid above and beyond the original quote given by the selected Proposer unless further negotiated in writing and agreed to by the City of Richmond. These rates will also be used to negotiate other mutually agreed upon tasks that may be assigned. This is a negotiated procurement and as such, awards may not necessarily be made to the consultant submitting the lowest priced proposal. Awards will be made to the consultant submitting the best responsive proposal satisfying the Department’s criteria, including consideration of price and other indicated factors.
List of References
Please include three (3) references from past clients or partn ers that received similar services from your firm. Please provide a contact name, company , address, telephone number and email address. Also include description of services provided including 127
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contract amount and project start and end dates. The City of Richmond reserves the right to contact any of the organizations or individuals listed.
Value Added Services
Please provide any additional services of benefit not specific ally required herein, which the proposer offers to provide.
Questions and Correspondence Concerning RFP
Utilizing the City’s BidsOnline System
Interested parties may download copies of the above referenc ed proposal by visiting the City's web site, www.ci.richmond.ca.us/bids . To download t h e RFP, new vendors will be required to register. Once the vendor downloads any documents r elative to a solicitation, that vendor's name will appear on the Prospective Bidders list for t hat project and will receive any addenda or notifications relating to the RFP.
Questions & Answers
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, by Monday, July 10, 2023. Notification of answers to quest ions received by July 10 2023, will be provided via BidsOnline by Thursday, July 13, 2023.
Addendums
If the City finds it necessary to issue an addendum, prospective propo sers will receive e-mail notification of addendum. However, it is the proposer’s respons ibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible addendums to the RFP that may have been posted.
Process for Submitting Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 12:00 p.m., Pacific Standard Time, on Tuesday, August 1, 2023.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regardin g the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review p rocess may have their proposal rejected for violating this provision of the RFP.
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Evaluation of Proposals
Selection Process
All proposals shall be reviewed to verify that the proposer has met the minimum requirements.
Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Propo sals will be reviewed and evaluated by an evaluation committee comprised of City of Richm ond personnel and oversight board members.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow -up with requests for additional information, including, but not limited to, follow-up interviews. The City may request best and final offers based upon improved understanding of the offers or changed Scope of S ervice. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of proposals.
Proposal Evaluation
All submitted proposals, which follow the stated requirements, will be evaluated and rated using the criteria listed below. The maximum score that a proposal can receive is 100 points.
Projected Scope & Timeline…………………………………………………………………………35 A specific, detailed outline of how the work will be performed across all four elements in the Scope of Services is described.
Framework(s) and methodologies that will be used to guide the development of the Community Needs Assessment and Strategic Investment Plan are identified. Potential problems and suggestions of possible solutions are s hared. An understanding of the nature and extent of the services requ ired and ability to effectively manage multiple community engagement activities throughout the duration of the planning process is demonstrated.
Timeline aligns to the Departm ent’s mandated work as described in Measures E and K. Timeline is inclusive of all four elements and many of the sug gested activities and deliverables as described in the Scope of Services.
Timeline provides sufficient detail for reviewers to analyze f easibility of scope of work, robustness of activities and approach, and demonstrates propose r’s clear understanding of the requested scope of work.
Special resources the team offers that are relevant to the suc cessful completion of the project.
Aligned Experience & Work Sample………….……………………………………………………25 Experience leading community engagement in diverse communities , families, and youth, especially aligned to the Fund’s priority populations and the R ichmond community, is substantiated.
Prior experience and capacity of proposer in public funding al location, community needs assessments, strategic planning, youth services, or similarly r elevant environments is described.
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The sample of work is quality and relevant.
Key Project Personnel & & Résumés…...…………………………………………………………20 Professional background and qualif ications of all team members comprising the team are clearly demonstrated.
Quality and appropriateness of proposed project personnel, inc luding subcontractors, is outlined.
Staffing demonstrates sufficient diversity and representativen ess in the context of the City of Richmond.
Budget….…………….……………………………………………………………………………….…15
Budget is sufficiently detailed and includes all specified req uirements. Proposed Budget and Costs includes narrative and line-item bud gets. Budget is similarly quoted as other applicants.
Quality, Completeness & Attention to Requirements……………….…………………………...5 Proposal exhibits clarity, organization, detail, and responsiv eness overall. Transmittal Letter is included and meets all requirements. All submittal requirements are met.
All three references are provided.
Interview/Presentations
Selected vendors may be asked to participate in an interview, at no cost to the City, which would include a presentation by the vendor and a question and answer period. An in-person presentation is preferred, but City staff will work with the vendor to determine what is feasible.
All interviews are tentatively scheduled to take place either a t Richmond City Hall at 450 Civic Center Plaza or virtually on a video conferencing platform (e.g., Zoom) on Monday, August 28, 2023.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked proposer for purposes of:
Resolving minor differences and information
Clarifying necessary details and responsibilities
Emphasizing important issues and points
Receiving assurances from proposers
Clarifying cost/budget
If the City cannot successfully negotiate a contract with the highest ranked proposer, the City may begin negotiations with the second highest ranked proposer.
Selection may be made without further discussion, negotiations, or proposer’s presentations; therefore, proposer shall offer the most favorable terms in res ponse to this RFP. Proposer must demonstrate an understanding of the Scope of Service to be prov ided and the ability to accomplish the tasks set forth. Proposer shall include informat ion that will enable the City to 130
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determine the proposer’s overall qualifications. The City reser ves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
When the Review Panel has completed its work, Department staff will then recommend a firm to the City Manager and City Council for approval. The services pr ovided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1).
General City Requirements
1. General Information
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason( s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall no t be responsible for work done, even in good faith, prior to final approval of the proposed con tract. The City may investigate the qualifications of any proposer under consideration, require con firmation of information furnished by the proposer, and require additional evidence or qualificati ons to perform the Services described in this RFP.
The City reserves the right to:
a. Reject any or all proposals.
b. Issue subsequent Requests for Proposal.
c. Postpone opening for its own convenience.
d. Remedy technical errors in the Request for Proposal process. e. Negotiate with any, all, or none of the proposers.
f. Solicit best and final offers from all or some of the propos ers. g. Select one or more proposers.
h. Accept other than the lowest proposed fees.
i. Waive informalities and irregularities in proposals.
2. Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. D ocuments protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be ma rked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submitt al to the City of Richmond and marked as "confidential" will be treated as a trade secret.
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3. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If proposers in tend to subcontract any portion of the resulting contract, they must describe their process for se lecting such subcontractor(s) and the quality control measures that the proposer will employ to e nsure that any subcontractor complies with the provisions of proposer’s contract with the City.
4. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award da te, completion date, name of City of Richmond’s assigned Project Manager, and contract value.
5. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (At tachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, t he specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Service s Agreement must be shown by requesting deletion of specific words and/or by providing new r equested contract language.
Requests for complete replacement of the City of Richmond’s Sta ndard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any ob jection. Exceptions will be considered during the proposal evaluation process.
6. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased appro ach on the part of the proposer’s team. This proposal shall include a statement declaring that th e proposer’s and sub-consultants are not currently, and will not, during the performance of thes e services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is require d to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
7. Insurance Requirements
The City of Richmond requires consultants doing business with i t to obtain insurance, as shown in RFP Attachment 2. The required insurance certificates must c omply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
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8. Business Licenses
The successful proposer and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for the entire term of the contract for which the fee will not be waived.
9. Compliance with City Ordinances
The contractor and all subcontractors shall comply with the Cit y of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance ( RMC Chapter 2.50 ), Local Employment Program Ordinance ( RMC Chapter 2.56 ), Living Wage Ordinance ( RMC Chapter 2.60 ) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
10. Sanctuary City Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment D)
11. Limited Liability Company Disclosure Statement (LLCS) Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).
12. Collusion
By submitting a proposal, each proposer represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the proposer has not directly or indirectly induced or solicite d any other person to submit a false proposal, or any other person to refrain from submitting a prop osal; and that the proposer has not, in any manner, sought collusion to secure any improper adv antage over any other person submitting a proposal.
13. Withdrawal of Proposals
A proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the proposer.
14. Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. 133
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No such materials or properties produced in whole or in part fo r the Project shall be subject to private use, copyrights or patent rights by proposer in the Uni ted States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, an y such reports, studies, data, statistics, forms or other materials or properties produced for this Project.
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Attachment 1: Standard Services Agreement
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Attachment 2: Insurance Requirements
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City of Richmond
RICHMOND FUND FOR CHILDREN AND YOUTH COMMUNITY NEEDS ASSESSMENT AND STRATEGIC INVESTMENT PLAN, bidding on 08/01/2023 12:00 PM (PDT)