Richmond City Council
June 18, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(s):

- JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY/RICHMOND CITY COUNCIL - REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, June 18, 2024, 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, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
Jaycine Scott, Housing Authority Tenant Commissioner
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2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live 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.

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2 https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.

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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth 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. 6-18-24 cc mtg.
3 Click here for City Harassment Policy

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) • Wu v. City of Richmond, et al.
• Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • One Case
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One Case
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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5 F. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /

RICHMOND CITY COUNCIL
6:25 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Edrington Schirmer & Murphy LLP Contract Amendment #3 14 ADOPT a resolution authorizing Richmond Housing Authority’s Executive Director to enter into a third contract amendment with Edrington Schirmer & Murphy LLP for as needed lease enforcement and unlawful detainer legal services for an increased contract amount of $75,000 for a new total contract amount not to exceed $450,000 with a new term ending December 31, 2024 – Richmond Housing Authority (Gabino Arredondo 620-6606/Shannon Moore 621-1309).

L.2 Rental Assistance Demonstration (RAD) Program Application for Richmond Village.
50 ADOPT a resolution authorizing the Richmond Housing Authority to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support blending RAD and Section 18 Disposition programs to the U.S. Department of Housing and Urban Development (HUD) for Richmond Village - Richmond Housing Authority (Gabino Arredondo 620-6606).

M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL BUDGET

SESSION
M.1 Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2024-2025 88 ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2024-2025 Richmond Housing Authority (RHA) budget, with total estimated revenues of $4,319,879 and total estimated expenditures of $4,671,805.57; and APPROVE an RHA subsidy from the City of Richmond General Fund in the amount of $351,926.57, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,671,805.57 in estimated revenues and $4,671,805.57 in expenditures - Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621- 1300).

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

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

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
V. 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)
W. 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.)
W.1 City Attorney's Office
W.1.a Settlement Agreements with Point Molate Alliance and North Coast Rivers Alliance
98 APPROVE proposed agreements with Point Molate Alliance and North Coast Alliance to settle attorney fees claims in North Coast Rivers Alliance v. City of Richmond, Contra Costa Co. Sup. Ct. Case No. N20-1528 (Consolidated with Case No. N20-1474) for a total of settlement amount of $1,225,000 – City Attorney’s Office (Dave Aleshire, 510-620-6509).

W.2 City Clerk's Office
W.2.a Placing Richmond Election Reform Act (RERA) Initiative on the November 5, 2024, General Election Ballot
109
ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 5, 2024, an initiative to amend the Charter to hold a primary election for Councilmembers before the general election each election year – City Clerk’s Office (Pamela Christian 510-620-6513).
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7 W.2.b City Council Meeting Minutes 121
APPROVE the minutes of the special April 23, 2024, and regular May 21 and May 28, 2024, meetings - City Clerk's Office (Pamela Christian 510-620-6513).

W.3 Community Development
W.3.a Contract Amendment No. 2 with Macias Gini & O'Connell, LLP 141 APPROVE a second contract amendment with Macias Gini &
O’Connell, LLP to increase the contract limit by $9,900, for a total amount not to exceed $35,150, and to extend the term to December 31, 2026, with two additional one-year options not to exceed an additional $9,900 per extension to potentially increase the total notto-exceed contract amount up to $54,950, to continue assisting in preparing federal and state income tax returns for 2023-2025 for the Richmond Neighborhood Stabilization Corporation – Community Development Department (Lina Velasco 510-620-6706).

W.3.b San Francisco Foundation Grant for Housing Fellow 191 ACCEPT and APPROPRIATE $16,600 in grant funds; AUTHORIZE the city manager to execute a grant agreement with San Francisco Foundation; and APPROVE a sole source contract with Kaitlyn Quackenbush Consulting, in an amount not to exceed $16,600, for the term June 1, 2024, through August 31, 2024, to support the City in implementing its recently adopted Equitable Land Disposition Policy – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

W.3.c Contract with Oliver’s Tow, Inc. to remove Recreational Vehicles (RVs)
220
APPROVE a contract amendment no. 1 with Oliver’s Tow, Inc., for additional $50,000, for a total not-to-exceed contract amount of $100,000, to support the removal and dismantling of Recreational Vehicles relinquished at the citywide encampments by those placed in housing - Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

W.3.d Homekey Purchase and Sale Agreement Amendments and Funding Resolution
262
ADOPT a resolution ratifying the city manager’s administrative amendments to the Purchase and Sale Agreement to acquire the Motel 6 located at 425 24th Street for Permanent Supportive Housing, and restating the City’s funding commitments and Project Co-applicants, Novin Development Corporation and Trinity Center Walnut Creek – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620-6649).
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8 W.3.e Amendment No. 2 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 310
APPROVE an Amendment No. 2 to the contract with Housing Consortium of the East Bay to increase the contract amount by $300,000, for a total not to exceed contract amount of $2,498,686, for a term through July 31, 2024, to pay anticipated costs related to services provided at the Castro Encampment – Community
Development Department (Lina Velasco/Jesus Morales 510-620- 6649).

W.4 Finance Department
W.4.a Fiscal Year 2024-25 Annual Appropriations Limit 374 ADOPT a resolution approving the Fiscal Year 2024-25
appropriations limit for the City of Richmond pursuant to Article XIIIB of the Constitution of the State of California – Finance Department (Andrea Miller 510-620-6790/ Mubeen Qader 510-412-2077).

W.4.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of April 2024
379
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of April 2024 – Finance Department (Andrea Miller 510-620-6740).

W.4.c Contract with BerryDunn for Recreation Fee Study 397 APPROVE a contract with BerryDunn, in an amount not to exceed $50,000, to provide a Recreation Department Fee Study with a term beginning July 1, 2024, and ending June 30, 2025 – Finance Department (Andrea Miller/ Antonio Banuelos 510-620-6741).

W.5 Human Resources
W.5.a Final Written Report of the Raftelis Workforce Analysis and PowerPoint Presentation
488
RECEIVE the final written report from Raftelis Financial Consultants regarding their workforce analysis – City Manager’s Office/Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602). This item was continued from the May 28, 2024, and June 4, 2024, meetings.
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9 W.6 Library and Community Services
W.6.a Booker T. Anderson Jr. Community Center Fitness Equipment Purchase
610
APPROVE a contract with Gym Doctors for the purchase and installation of fitness equipment at Booker T. Anderson Community Center in an amount not to exceed $60,000, for a term beginning June 18, 2024, and ending on December 31, 2025 - Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510-620-6972/Tetteh Kisseh 510-620-6919).

W.6.b Production Agreement Contract with Pyro Spectacular North Inc. for 3rd of July Fireworks Display
770
APPROVE the Production Agreement contract with Pyro
Spectaculars North Inc. to provide a fireworks display show for Richmond on July 3, 2024, at the Richmond Marina in an amount not to exceed $103,185, and for a term beginning June 1, 2024, ending on December 31, 2024 – Community Services Department
(LaShonda White 510-620-6828/Ranjana Maharaj 510-620-
6972/Kymberlyn Carson-Thrower 510-620-6789).

W.7 Mayor's Office
W.7.a Reappointment of Lily Rahnema to the Environment Community and Investment Agreement (ECIA) Grant Review Ad Hoc Committee 795
REAPPOINT Lily Rahnema to the ECIA Grant Review Ad Hoc
Committee, term expires, March 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.7.b Juneteenth Proclamation 798
PROCLAMATION recognizing June 19, 2024, as Juneteenth in the City of Richmond – Mayor Eduardo Martinez (510-620-6503), Councilmembers Melvin Willis (510-620-2050), and Doria Robinson (510-620-6568).

W.8 Police Department
W.8.a Richmond Police Department’s County Operated Child Interview Center (CIC) Services.
802
APPROVE the sole-source contract with Contra Costa County on behalf of its Employment and Human Services Department for the contract term July 1, 2021, to June 30, 2026, in an amount not to exceed $75,000 – Police Department (Chief Bisa French 510-621- 1802).
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10 W.8.b Sole Source Contract with Chaplin & Hill Investigative Services LLC. 825 APPROVE a sole source contract with Chaplin & Hill Investigative Services LLC, for an amount not to exceed $50,000, for the term June 19, 2024, to June 30, 2027 – Police Department (Chief Bisa French 510-621-1802).

W.9 Public Works
W.9.a Approve a Contract with Lorbel Inc. for Generator Inspections, Testing and Maintenance of all City Emergency Generators 853
ADOPT a resolution to award a contract with Lorbel Inc. for inspections, testing and repair services of all emergency generators for all City of Richmond Facilities for a period of three years for total contract amount not to exceed $150,000, with two, one-year options to renew for $40,000 per year - Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482/Carl
Capistrano 510-620-6896).

W.9.b Adoption of Amendments to the Joint Exercise of Powers Agreement for the West Contra Costa Transportation Advisory Committee (WCCTAC) and Authorization for the City Manager to Execute Necessary Documents.
895
APPROVE a resolution to approve the amendments to the Joint Exercise of Powers Agreement (JPA) for the West Contra Costa Transportation Advisory Committee (WCCTAC) and authorize the City Manager to execute any necessary documents pursuant to the approval of the JPA amendments – Public Works (Daniel Chavarria 510-620-5478 / Robert Armijo 510-620-5477).

W.9.c Marina Bay Parkway Force Main Relocation Project Completion 920 ADOPT a resolution to accept the Marina Bay Parkway Force Main Relocation Project as complete to enable the City to release the contractor’s bonds and retention payment; and ALLOCATE and APPROPRIATE the necessary funds from the Wastewater Fund in the amount of $356,786 for the two change orders that were necessary for addressing unforeseen project conditions – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477).

W.9.d Contract Amendment #1 with Mack5 for Project and Construction Management of the Shields-Reid Park Improvement Project 926
APPROVE contract amendment number one with Mack5 for the Project and Construction Management Services under the ShieldsReid Park Improvement Project (#23028) in the amount of $78,300 for a total contract amount not to exceed $629,700, with an existing contract term ending December 31, 2025 – Public Works Department (Robert Armijo 510-620-5477/Josef Munoz 510-672-2407).
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11 W.9.e Grit and Aeration Project, Issuance of a Task Authorization for Additional Unforeseen Work
1027
ADOPT a resolution approving a task authorization for additional unforeseen work for the Grit and Aeration Basin project located at the Richmond Wastewater Treatment Plant in the amount of $4,875,580, for a new total amount not to exceed $50,482,068, for the period expiration of December 31, 2024 – Public Works Department (Daniel Chavarria 510-620-5478/Jeffrey Barich 510-412-2009).

W.9.f Purchase of a Vehicle Alignment Machine 1044
APPROVE the purchase of a wheel alignment machine from Mohawk Lifts, LLC, in an amount not to exceed $80,000 – Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231- 3044).

W.9.g Sole Source Contract with Bosco Oil dba Valley Oil for Bulk Fuel Delivery
1080
APPROVE a six-month sole-source contract with Bosco Oil dba Valley Oil, beginning on July 1, 2024, and ending on December 31, 2024, in an amount not to exceed $500,000 – Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231- 3044).

W.9.h Purchase of Thermoplastic Equipment 1108
APPROVE the purchase of trailer-mounted thermoplastic equipment from Dispensing Technologies Corporation, in an amount not to exceed $124,000 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044).

W.9.i Contract with Pablo Restorations Roofing and Waterproof 1150 APPROVE a contract with Pablo Restorations Roofing and
Waterproof to waterproof and perform spot repairs on the roof of Fire Station 63, in an amount not to exceed $73,385.70, from May 22, 2024, to June 30, 2026 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).

W.9.j List of Projects for Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account Funding Under Senate Bill 1
1206
ADOPT a resolution approving the project list for Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2024-25 – Public Works Department (Daniel Chavarria 510-620- 5478/Tawfic Halaby 510-620-5482).
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12 W.9.k Groundwork Richmond Contract Amendment to Support Urban Forestry
1214
APPROVE a contract amendment No. 1 with Groundwork Richmond to increase the contract amount by $686,889, for a total not to exceed amount of $1,031,889, for a term beginning July 1, 2024, through June 30, 2026, to continue administering the City’s urban forestry program to be funded by the Environmental and Community Investment Agreement urban forestry funds – Community
Development Department/Public Works Department (Lina Velasco 510-621-1231/Daniel Chavarria 510-620-5478).

W.9.l Approval to Award Richmond Art and Lighting Project Bids and Authorize Change Orders During the City Council Recess
1258
APPROVE a resolution granting the City Manager or designee the authority to accept bids for the Richmond Art and Lighting Project up to the budgeted amount of $3.3 million and authorizing the Director of Public Works to approve change orders up to 10% of the construction costs, provided these change orders remain within the overall project budget – Public Works (Daniel Chavarria 510-620-5478 / Robert Armijo 510-620-5477)
X. NEW BUSINESS
X.1 Consideration of an Oil Refining Business License Tax Ballot Measure for November 5, 2024, Election
1263
ADOPT a resolution submitting the Proposed Oil Refining Business License Tax Ballot Measure to the voters at the November 5, 2024, election and AUTHORIZE the City Attorney’s Office and staff to finalize any necessary documents relating to the ballot measure – City Attorney’s Office (Dave Aleshire 510-620-6509).

Y. BUDGET SESSION
Y.1 Fiscal Year (FY) 2024-25 Proposed Operating Budget and FY 2024-25 to 2028- 29 Proposed Five-Year Capital Improvement Plan (CIP) Budget 1328
ADOPT resolutions approving: (1) Fiscal Year (FY) 2024-25 Proposed Operating Budget, and (2) FY 2024-25 to FY 2028-29 Proposed Five-Year Capital Improvement Plan Budget – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/ Nickie Mastay 510-620-6609/ Andrea Miller 510- 620-6790/Mubeen Qader 510-412-2077).

Z. ADJOURNMENT
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13

June 18, 2024
Richmond Housing Authority (RHA)
Economic Development
DATE: June 18, 2024
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM: Nannette Beacham, Director of Economic Development Shannon Moore, Chief Assistant City Attorney
Gabino Arredondo, RHA Interim Executive Director
Subject: Edrington Schirmer & Murphy LLP Contract Amendment #3
FINANCIAL IMPACT: The cost associated with the contract will be drawn from the Richmond Housing Authority’s Public Housing
Operating Subsidy (Fiscal Year (FY) 23-24, 44545191-
400206, $50,000; FY 24-25, 44545191-400206,
$25,000).

PREVIOUS COUNCIL
ACTION:

May 21, 2019

STATEMENT OF THE
ISSUE:

Staff is requesting that the RHA Board of Commissioners approve a contract amendment for as-needed lease
enforcement and unlawful detainer (UD) legal services
for the RHA’s public housing sites. The current contract has reached its contract limit and term.

RECOMMENDED ACTION: ADOPT a resolution authorizing Richmond Housing Authority’s Executive Director to enter into a third
contract amendment with Edrington Schirmer & Murphy
LLP for as needed lease enforcement and unlawful
detainer legal services for an increased contract amount of $75,000 for a new total contract amount not to exceed $450,000 with a new term ending December 31, 2024 –
Richmond Housing Authority (Gabino Arredondo 620-
6606/Shannon Moore 621-1309).

AGENDA
REPORT
14

June 18, 2024
DISCUSSION:

The Richmond Housing Authority (RHA) requires the use of attorneys who specialize in lease enforcement and unlawful detainer matters. On May 21, 2019, Edrington Schirmer & Murphy LLP was originally selected and approved by the RHA Board of Commissioners through a competitive procurement process and a $375,000 contract was approved for a three-year period with two optional one-year extensions.

The legal services of Edrington Schirmer & Murphy LLP have been satisfactory and continue to be needed due to the fact they are still working on active compliance matters and legal cases. The current legal services contract has reached its contract limit and term. Next steps will include RHA beginning a new Request for Proposals (RFP) procurement process for legal services in late June 2024 with a goal to have new approved firms by September 2024.

To maintain legal services during the interim period between the expiration of the contract with Edrington Schirmer & Murphy LLP and the commencement of a subsequent contract entered into pursuant to RFP processes, RHA seeks approval by resolution to authorize RHA’s Executive Director to enter into a third amendment to the contract with Edrington Schirmer & Murphy LLP. The amended contract will increase the limit by $75,000 for a new total not to exceed amount of $450,000 and extend the term of the contract by a period of six (6) months, for a new contract expiration date of December 31, 2024.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Draft Amendment #3
Attachment 3 - Amendment #2
Attachment 4 - Amendment #1
Attachment 5 - Original Contract
15 Reso. No. _____

DocID #21182v1
RESOLUTION NO. ______

A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A

THIRD CONTRACT AMENDMENT WITH EDRINGTON SCHIRMER &

MURPHY LLP FOR AS NEEDED LEASE ENFORCEMENT AND UNLAWFUL DETAINER LEGAL SERVICES IN AN AMOUNT OF $75,000 FOR A TOTAL AMOUNT NOT TO EXCEED $450,000 WITH A TERM ENDING DECEMBER 31, 2024
WHEREAS, The City of Richmond Housing Authority (RHA) owns and manages 100 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, the Housing Authority is in need of unlawful detainer (UD) legal services and, on February 4, 2019, a Request for Proposals (RFP) was posted on the City of Richmond's bids online, with proposals due on February 21, 2019; and WHEREAS, Edrington Schirmer & Murphy LLP was considered a highly qualified candidate based on the RFP selection criteria; and
WHEREAS, on May 21, 2019, Edrington Schirmer & Murphy LLP was determined to have the expertise necessary to represent RHA in unlawful detainer matters and granted an original agreement in the amount of $225,000 with a term ending June 30, 2022; and WHEREAS, on June 22, 2022, the first contract amendment was entered into with Edrington Schirmer & Murphy LLP, modifying the scope of work and fees, increasing the contract limit by $75,000 for a new compensation limit of $300,000, and extending the term to June 30, 2023; and
WHEREAS, on June 29, 2023, the second contract amendment was entered with Edrington Schirmer & Murphy LLP, increasing the contract limit by $75,000 for a new compensation limit of $375,000, with a term ending June 30, 2024; and
WHEREAS, RHA staff now desire to again amend the contract with Edrington Schirmer & Murphy LLP to increase the contract payment limit and to extend the contract term.

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 RHA Executive Director is authorized to enter into a third contract amendment with Edrington Schirmer & Murphy for as needed UD legal services, to increase the not to exceed contract amount by $75,000, for a new total not to exceed contract amount of $450,000, and to extend the contract term by six (6) months, for a new contract expiration date of December 31, 2024.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
******************
I certify that the foregoing resolution was passed and adopted by the Richmond Housing Authority Board of Commissioners at a regular meeting thereof held on Mmmm dd, yyyy, by the 16 Reso. No. _____

DocID #21182v1
following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
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 by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
17 A-1
Third Amendment to Agreement for Legal Services

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

EDRINGTON, SCHIRMER & MURPHY, LLP
This Third Amendment to the Agreement for Legal Services between the Richmond Housing Authority, a public body corporate and politic (“RHA”) with its principle place of business located at 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804 and EDRINGTON, SCHIRMER & MURPHY, LLP (“Special Counsel”) (the "Third Amendment") is entered into as of March 5, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) with a term commencing May 7, 2019, and ending June 30, 2020, for a total compensation limit not to exceed Two Hundred and TwentyFive Thousand Dollars ($225,000) for representation of the City and City-related entities; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on June 22, 2022, to extend the term of the Agreement to June 30, 2023, and increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed Three-Hundred Thousand Dollars ($300,000); and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement on June 29, 2023, to extend the term of the Agreement to June 30, 2024, and increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed Three-Hundred Seventy-FiveThousand Dollars ($375,000); and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed of Four-Hundred Fifty-ThousandDollars ($450,000); and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Third Amendment.

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

1. Amendment. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.
18 A-2
Third Amendment to Agreement for Legal Services
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on December 31, 2024, 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.

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

3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument. [Signatures on following page]
19 A-3
Third Amendment to Agreement for Legal Services
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

EDRINGTON, SCHIRMER & MURPHY, RICHMOND HOUSING AUTHORITY LLP
By:

Title:

Executive Director
Name:

APPROVED AS TO FORM

Richmond Housing Authority
Attorney
ATTEST:

City Clerk
20 A-4
Third Amendment to Agreement for Legal Services
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Special Counsel shall represent the Richmond Housing Authority in unlawful detainers. (City of Richmond Contact Attorney: Alan M. Cohen, Senior Assistant City Attorney) Hourly Rates:

KEITH R. SCHIRMER $225/hour
TIMOTHY P. MURPHY $225/hour
JAMES M. MARZAN $225/hour
CODY L. SAAL $210/hour
JAMES H. LY $210/hour
MEGAN M. SYMONDS $210/hour
JORDAN C. MEYER $210/hour
21 A-5
Third Amendment to Agreement for Legal Services
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 Four Hundred Fifty Thousand Dollars ($450,000) for attorneys’ fees and reimbursements. 22 A-1
Third Amendment to Agreement for Legal Services

SECOND AMENDMENT TO AGREEMENT FOR LEGAL

SERVICES BETWEEN

THE CITY OF RICHMOND
AND

EDRINGTON, SCHIRMER & MURPHY, LLP
This Second Amendment to the Agreement for Legal Services between the Richmond Housing Authority, a public body corporate and politic (“RHA”) with its principle place of business located at 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804 and EDRINGTON, SCHIRMER & MURPHY, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of June 29, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) with a term commencing May 7, 2019, and ending June 30, 2020, for a total compensation limit not to exceed Two Hundred and TwentyFive Thousand Dollars ($225,000) for representation of the City and City-related entities; and
WHEREAS, the City and entered into the First Amendment to the Original Agreement on June 22, 2022, to extend the term of the Agreement to June 30, 2023, and increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed Three-Hundred Thousand Dollars ($300,000); and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed of Three-Hundred Seventy-FiveThousand-Dollars ($375,000) and to extend the term of the Agreement to June 30, 2024; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Second Amendment.

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

1. Amendment. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

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, 2024, 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.

DocuSign Envelope ID: FAF6B685-BD42-4E7D-8DCA-82DDE08D4D28 23 A-2
Third Amendment to Agreement for Legal Services

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

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
[Signatures on following page]
DocuSign Envelope ID: FAF6B685-BD42-4E7D-8DCA-82DDE08D4D28 24 A-3
Third Amendment to Agreement for Legal Services
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

EDRINGTON, SCHIRMER & MURPHY, RICHMOND HOUSING AUTHORITY LLP
By:

Title:

Executive Director
Name:

APPROVED AS TO FORM

Richmond Housing Authority
Attorney
ATTEST:

City Clerk
DocuSign Envelope ID: FAF6B685-BD42-4E7D-8DCA-82DDE08D4D28 Attorney/Partner Gabino Arredondo
25 A-4
Third Amendment to Agreement for Legal Services
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Special Counsel shall represent the Richmond Housing Authority in unlawful detainers. (City of Richmond Contact Attorney: Alan M. Cohen, Senior Assistant City Attorney) Hourly Rates:

KEITH R. SCHIRMER $225/hour
TIMOTHY P. MURPHY $225/hour
JAMES M. MARZAN $225/hour
CODY L. SAAL $210/hour
JAMES H. LY $210/hour
MEGAN M. SYMONDS $210/hour
JORDAN C. MEYER $210/hour
DocuSign Envelope ID: FAF6B685-BD42-4E7D-8DCA-82DDE08D4D28 26 A-5
Third Amendment to Agreement for Legal Services
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 Three Hundred SeventyFive Thousand Dollars ($375,000) for attorneys’ fees and reimbursements.

DocuSign Envelope ID: FAF6B685-BD42-4E7D-8DCA-82DDE08D4D28 27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49

June 18, 2024
Richmond Housing Authority (RHA)
Economic Development
DATE: June 18, 2024
TO: Chairperson Martinez and Housing Authority Board of Commissioners
FROM: Nannette J. Beacham, Economic Development Director Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject: Rental Assistance Demonstration (RAD) Program
Application for Richmond Village.

FINANCIAL IMPACT: Submission of the RAD application to U.S. Department of Housing and Urban Development (HUD) is part of
Richmond Housing Authority’s (RHA) asset repositioning
efforts. It will reduce RHA’s total public housing assets.

The application submittal facilitates implementing
provisions in the Public Housing Agency Recovery and
Sustainability (PHARS) agreement. It will increase
operating subsidies for the affordable housing project, making it more financially stable.

PREVIOUS COUNCIL
ACTION:

December 4, 2018; December 6, 2022

STATEMENT OF THE
ISSUE:

As an implementing action of the RHA asset
repositioning efforts, RHA is prepared to submit a Rental Assistance Demonstration Program (RAD) application to
HUD for Richmond Village I, II, and III (collectively
Richmond Village). The application submittal facilitates efforts to reposition Richmond Village as outlined in the PHARS Agreement with HUD.

AGENDA
REPORT
50

June 18, 2024
RECOMMENDED ACTION: ADOPT a resolution authorizing the Richmond Housing Authority to submit a Rental Assistance Demonstration
(RAD) application and any Section 18 Disposition
application elements required to support blending RAD
and Section 18 Disposition programs to the U.S.

Department of Housing and Urban Development (HUD)
for Richmond Village - Richmond Housing Authority
(Gabino Arredondo 620-6606).

DISCUSSION:

Richmond Housing Authority's (RHA) purpose is to provide quality, safe, and sanitary housing for very low-income individuals and families in the City of Richmond by administering the Low-Income Public Housing Program. Richmond Village, located at and around 700 S. 26th Street, contains 167 public housing units. The property is currently owned by Easter Hill Development, L.P. and Easter Hill Phase II, L.P., both California limited partnerships. RHA is a Managing General Partner in both limited partnerships. These ownership entities were created to facilitate the use of low-income housing tax credits (LIHTC) to finance the development approximately 15 years ago.

On December 4, 2018, the RHA Board of Commissioners directed staff to reposition RHA’s public housing developments and other real estate holdings. This strategy supports RHA's underlying goals of ensuring no reduction in rental housing options for Richmond residents and maximizing the benefit/utilization of federal funds.

This Rental Assistance Demonstration (RAD) application will begin the process of converting the existing public housing operating subsidy to project-based Section 8 vouchers. Converting these units is one aspect of Richmond Village's larger repositioning. The application submittal facilitates efforts to reposition Richmond Village as provided in the Public Housing Agency Recovery and Sustainability Agreement with HUD, Tasks 5 & 6 (Attachment 2).

Community engagement activities are designed to inform residents on the application process. Most recently, community meetings were held on-site at Richmond Village and online on Tuesday, April 26, 2024, and Wednesday, May 8, 2024. A PowerPoint presentation was provided, factsheets were shared, and a question-and-answer period occurred. All materials have been provided to tenants participating in the community engagement processes and are available at the Richmond Village offices.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - PHARS Agreement
Attachment 3 - Community Meeting Materials (Agenda, PowerPoint, Fact Sheets) 51 Reso. No. ____

RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE

RICHMOND HOUSING AUTHORITY'S SUBMISSION OF A RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM APPLICATION AND ANY SECTION 18

DISPOSITION APPLICATION ELEMENTS REQUIRED TO SUPPORT BLENDING RAD AND SECTION 18 DISPOSITION PROGRAMS TO THE U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT FOR RICHMOND VILLAGE I, II, AND II WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) Agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and to provide quality service to local program participants; and WHEREAS, RHA on December 4, 2018, the RHA Board of Commissioners directed staff to move forward with repositioning RHA's public housing developments and other real estate holdings; and
WHEREAS, RHA is the recipient of a 2000 HOPE VI Revitalization Grant used to create Richmond Village, a multiphase redevelopment that together includes Richmond Village I (CA010000007) with 70 public housing units, Richmond Village II (CA010000008) with 61 public housing units, Richmond Village III (CA010000009) with 36 public housing units (collectively Richmond Village); and
WHEREAS, Richmond Village I is owned by Easter Hill Development, L.P., a California limited partnership that includes MBA Urban Development Co., its Development General Partner, and Richmond Village II and III are owned by Easter Hill Phase II, L.P., a California limited partnership that includes MBA Urban Development Co., its Development General Partner; and
WHEREAS, the PHARS Agreement between RHA and HUD calls for the repositioning of public housing included in Richmond Village (Tasks 5 & 6); and WHEREAS, in order for RHA to move forward in repositioning Richmond Village, a Rental Assistance Demonstration Program (RAD) application needs to be submitted and approved by HUD; and
WHEREAS, the RAD program may be combined with the Section 18 Disposition program to facilitate repositioning of public housing; and WHEREAS, resident community meeting were held on site at Richmond Village and online on Tuesday, April 26, 2024, and Wednesday, May 8, 2024 to explain the RAD application process and answer questions; and
WHEREAS, RHA has completed the application requirements for a RAD application in accordance with RAD Notice Revision 4 (H 2019-09 PIH 2019-23).

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 RHA is authorized to submit a RAD application for Richmond Village and any Section 18 Disposition application elements required by HUD to support blending RAD and Section 18 Disposition programs.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
52 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 June 18, 2024, 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 June 18, 2024. ____________________________________

CLERK OF THE HOUSING AUTHORITY
53 54
55 56
57 58
59 60
61 Richmond Village Resident Meeting
March 26, 2024
2:30 p.m.

Virtual and Community Viewing
AGENDA
1) Welcome/Introductions – Nannette Beacham
2) Housekeeping – John Stewart Company
3) Richmond Village Overview – Mike Andrews
4) Slide Presentation:

What is subsidy change? – Mike Andrews
5) RAD Facts – Mike Andrews
6) Questions?
62 Welcome to the
Public Housing
Subsidy Update
March 26, 2024
Richmond Housing Authority
Richmond Village
63 Richmond Village will be undergoing a change in
subsidy funding for some of its apartments.

Right now, approximately 30% of the community
uses a program called Project Based Vouchers for
subsidy funding.

A new program called the Rental Assistance
Demonstration program (RAD) would allow the
property to convert its public housing units to the
Project Based Voucher Program
Richmond Housing Authority
64 Why is it Happening?
• Why only Public Housing?
• Public Housing funding has been declining
steadily in recent years due to low congressional
support.
• At some point Public Housing funding may not
be able to keep up with the costs of necessary
maintenance and improvements.
65 Why is it Happening?
HUD is encouraging local housing authorities to utilize RAD to transition Public Housing properties to the more stable funding program in order to make sure there are
sufficient funds to make ongoing improvements.

The Housing Authority, is working with the owners of
Richmond Village and the John Stewart Company to
convert to RAD
66 Why is it Happening?
• The RAD Program utilizes voucher funding.
• Voucher funding has stronger congressional
support.
• At a later date, if needed this voucher funding can
support new mortgage financing for repairs and
improvements.
67 Q & A
Questions?
68 New voucher program (RAD), at a
glance
Goals of the Program:
• Secure long-term affordability and stability for existing Public Housing residents.
• Address building needs AND anticipated maintenance and repairs over a 20- year period.
• Ensure current residents benefit from the conversion & retain and strengthen resident rights.
69 RAD at a Glance
1 2 3

KEY FEATURES
Transfer from
the HUD
Public Housing
program to the
voucher
funding
program
Your daily
experience
with
management
shouldn’t
change
Funding
provided
for major
improvements
needed over
the next
several years
Ongoing
affordability -
rents set at
30% of
household
income
4 70
RAD at a Glance
Resident Engagement Phase 1 Resident Engagement Phase 2

CONVERSION TIMELINE

RESIDENT

CONSULTATION &

HUD APPLICATION
Richmond Housing
Authority will meet with
residents before applying
to HUD to convert the
property

HUD APPROVAL
HUD approved the property
for RAD application at the
beginning of 2022..

FINAL SCOPE OF

WORK/FINANCING
PLAN
Richmond Housing
Authority & Owners share
what repairs and
improvements, if any, to be
made to the property.

CONVERSION
Residents will receive
new leases.

We Are Here 71

WHAT YOU CAN EXPECT

BENEFITS AND CHANGES FOR

RESIDENTS -
72 What You Can Expect
Living Conditions
BENEFITS:

There will be an inspection every 2
years to make sure it continues to
meet federal housing quality
standards. The owner will be required
to address any deficiencies promptly
to maintain funding.

CHANGES:

You will have to provide access to
your apartment for any inspections
as do occupants of other projectbased vouchers
73 What You Can Expect
Rents & Leases
BENEFITS:

Your rent will be affordable
and set at 30 percent of
household income.

CHANGES:

Households now paying a flat rent
will experience a rent increase, to be
phased in over a 5-year period.

Please note that increases in rent
due to increase in income are not
phased in over the 5-year period.

The household’s rent may increase
slightly if there is a difference in
utility allowances.
74 What You Can Expect
Rents & Leases
BENEFITS:

Your development will remain
affordable low-income
housing. Every 20 years HUD
and the owner are required to
renew arrangements/contracts.

CHANGES:

RAD and the Public Housing
program—like any other
federal program—are subject
to legislative and funding
changes in Washington.
75 What You Can Expect
Choice Mobility
BENEFITS:

After 1 year of living in a PBVunit, residents will have the option to request a Housing
Choice Voucher (HCV) to
move to a unit in the private
market, if vouchers are
available.

CHANGES:

Residents in a PBV unit will
not need to requalify for a
HCV, subject to availability. If
however, a resident is offered
HCV off the wait list, then the
family would need to
requalify, including program
income rules.
76 For More Information
https://www.hud.gov/sites/dfiles/Housing/documents/RADResidentFactShe et_1_RADOverview.pdf
www.hud.gov/sites/dfiles/Housing/documents/RADResidentFactSheet_2_Re sidentsRightsOverview.pdf
77 Q & A
Questions?
78 THANK YOU
For Your Time
Today!
79

What is RAD?
RAD stands for Rental Assistance Demonstration. RAD is a tool developed by the U.S. Department of Housing and Urban Development (HUD) to address living conditions in public housing properties. RAD allows public housing authorities to “convert” public housing subsidy into a Section 8 subsidy that is tied to the property. These fact sheets are intended for residents of public housing properties that may be participating in RAD.

Why was RAD Created?
Public housing properties across the country need billions of dollars to pay for the repair of broken systems or replacement of outdated appliances. Public housing authorities (PHAs) do not have enough money to keep their public housing properties in good condition and make the necessary repairs. As a result, many public housing residents nationwide have seen conditions at their property worsen.

RAD was created to allow PHAs to access additional sources of funding to maintain, repair, and replace public housing properties. After a RAD conversion, the federal government continues to provide rental assistance through a Section 8 contract and ensures the property remains permanently affordable; residents continue to benefit from the same rights and protections that they had under the public housing program.

What is a RAD Conversion?
A RAD Conversion is the process of changing how the rent subsidy is delivered to a property from the Public Housing program to a Project-Based Section 8 program.

Rental Assistance Demonstration (RAD)
FACT SHEET #1
RAD Overview
80

Fact Sheet #1: RAD Overview
What are PHAs Required to do in a RAD Conversion?
The requirements that PHAs must follow in order for a public housing property to participate in RAD is described in the RAD Implementation Notice published by HUD (PIH 2019-23/H 2019-09). They include:
☑ The PHA is required to consult with residents throughout the conversion process and consult with the community and Resident Advisory Board (RAB) through the PHA Plan process.
☑ No resident may be displaced involuntarily. Every resident has a right to remain in the property or to return to the property if temporary relocation is necessary in order to complete repairs or construction.
☑ The PHA is required to show that it is repairing or replacing all broken or outdated items at the property. While an inspector will identify the items that need to be replaced or repaired, residents are encouraged to communicate known issues directly to the PHA. ☑ The public housing units must be replaced one-for-one, with limited exceptions.

This means that generally there must be the same amount of affordable housing after the RAD conversion. HUD allows units to be eliminated that have been vacant for 2 or more years, permits up to 5% reduction in total affordable housing units, and allows housing units to convert to community space for services. However, such reductions are rare. ☑ The PHA or a non-profit must continue to own or control the property following RAD conversion. In most cases the PHA continues to own the property directly. In some cases, the PHA will partner with other affordable housing providers. ☑ All properties enter a long-term (15 to 20 years) Section 8 contract that must be renewed each time that it expires. This ensures that the property will remain affordable permanently.
☑ Residents keep the same basic rights from public housing and gain a new right to request a “choice-mobility” voucher. After living in a RAD property for either 1 or 2 years, a family may request a voucher that they can use to rent a qualifying home of their choosing. With the voucher they will continue to pay 30% of their adjusted income towards rent.

These and many other topics are covered in the remaining fact sheets. 81

Will I Keep My Rental Assistance?
In a word…Yes. No resident can be displaced involuntarily or pay an unaffordable rent.

Residents of public housing developments participating in RAD are guaranteed the right to ongoing housing assistance. All residents will either remain in their property, or if temporary relocation is needed to make repairs, be offered the opportunity to return to the property after repairs have been completed. Residents may also choose to accept an alternative housing option, if offered. Residents under lease in the public housing program cannot be rescreened when the property comes under a Section 8 contract.

Will RAD Affect My Rent?
Most residents will not have rent increases because of RAD. Like in most public housing, Section 8 residents pay 30% of their income towards rent and utilities. As in public housing, your rent will increase if your income increases and decrease if your income decreases.

However, if you are currently paying a “flat rent” in public housing, your rent will transition to a new formula based on the lower of the Total Tenant Payment minus any utility allowance or other rents in the area. If this transition leads to a rent increase, your new rent may be phased in over 3 to 5 years. Under RAD, you will never pay more than 30% of your household’s adjusted income towards rent. (For more information, see Fact Sheet #6: Rent)
Will I Have to Move?
Most repairs made as part of RAD allow you to stay in your home during construction. However, some apartments and buildings need more extensive repairs that require residents to move out during construction.

In these cases, the PHA will pay for temporary relocation and you will be protected by RAD relocation rules.

You will have the right to return to the property once construction is completed.

If construction at your property takes longer, the PHA may offer you other housing options, such as another public housing unit or a tenant-based voucher that you can use to rent a qualifying home you choose and continue paying 30% of your income towards rent. (For more information, see Fact Sheet #9: RAD and Relocation)
Fact Sheet #1: RAD Overview
82

Will RAD Affect My Rights Under My Lease?
RAD maintains the resident processes and rights under public housing, including:
• Requires lease renewal, except with good cause (For more information, see Fact Sheet #7: Your Lease) • A right to organize and have access to tenant participation funds to support resident organizing and participation (For more information, see Fact Sheet #8: Resident Organizing and Funding) • Procedures for hearing grievances and minimum timelines for being notifed if your assistance is being terminated. (For more information, see Fact Sheet #10: Resident Grievance and Termination Rights) • Continued participation in FSS, ROSS, or Jobs Plus, while funding remains available. (For more information, see Fact Sheet #11: Family Self-Sufficiency & Resident Opportunities And Self-Sufficiency) RAD also gives residents a significant new right to request a tenant-based, “choice-mobility,” voucher. (For more information, see Fact Sheet #12: Choice Mobility) Who Will Own and Manage the Property?
Most but not all public housing is owned by a public housing authority (PHA) and most, but not all, RAD converted properties are also owned by a PHA. Sometimes, the owner of the property changes through RAD. However, in all cases RAD requires that a public entity, generally the PHA, or a non-profit retain ownership or control of the property. In some cases, particularly when the PHA is using the Low-Income Housing Tax Credit (LIHTC) program to fund repairs, the PHA may partner with other housing organizations to own the property together. As with some public housing properties today, the PHA may partner with another company, including a for-profit, to manage the property day-to-day.

How Can I Be Involved?
HUD encourages residents and their PHAs to work together during the RAD conversion process. PHAs are required to hold meetings with residents and send notices at various stages in the conversion process to educate residents about RAD and provide updates on plans. Once the RAD application has been accepted, HUD encourages PHAs to hold quarterly meetings with residents. During these meetings, you can learn about the conversion plans, ask questions, express concerns, and provide comments. The PHA must submit your comments and its responses to HUD. (For more information, see Fact Sheet #5: Resident Engagement and Consultation)
Fact Sheet #1: RAD Overview
83

How Will the PHA Ensure Everyone Can Participate
in the RAD Process
PHAs must provide adequate notice of meetings and work to reduce barriers to resident participation.

For example, by providing childcare or refreshments. Meetings should be convenient (place and time) for residents and accessible to residents with disabilities.

Meeting notifications and materials must be available in accessible formats. PHAs must use effective communication for people with disabilities including providing materials in appropriate alternative formats (Braille, large type, accessible email,etc.), and providing sign language interpreters and assistive listening devices at meetings as needed. Electronic (virtual) or in-home meetings should be offered when needed.

The PHA must provide meaningful access to its programs and activities for people who have a limited ability to read, speak, or understand English. Language assistance may include providing translated notices and oral interpretation of meetings.

Who Can I Talk to if I Have Questions?
You should talk to a PHA representative if you have specific questions about the RAD conversion process and the specific plans for your property. You may also direct any questions to HUD at [email protected] and Office of Recapitalization staff will respond confirming receipt and indicating next steps.

Fact Sheet #1: RAD Overview
Chicago, IL: A resident enjoys his newly renovated kitchen in the Fannie Emanuel Apartments.

The 181-unit senior apartment building was the first RAD conversion by the Chicago Housing Authority. 84

RAD was designed with a strong set of resident rights and protections to ensure that current residents benefit from the RAD conversion.

Will I Be Able to Participate in the RAD Process?
Yes. The PHA must engage with residents through both written notifications and at least five meetings during the RAD process. PHAs must use effective communication for people with disabilities including, as needed, providing materials in alternative formats and providing alternative meeting options, sign language interpreters and assistive listening devices at meetings. The PHA must also provide meaningful access to its programs and activities for people who have a limited ability to read, speak, or understand English, using, as needed, translation of written information and oral interpretation of meetings. (For more information, see Fact Sheet #5: Resident Engagement and Consultation.) Will I Still Have Rental Assistance After a RAD Conversion? Yes. Each resident in good standing at the public housing property has a right to live in the property after a RAD conversion. In some cases, a resident may need to be relocated temporarily to facilitate rehabilitation but will have a right to return to an assisted unit at the property once rehabilitation or construction is complete.

No resident can be displaced permanently against their wishes.

Residents under lease in the public housing program cannot be re-screened for income or criminal background when the property comes under a Section 8 contract. Each resident will be offered a new lease that cannot be terminated and must be renewed, unless there is good cause. (For more information, see Fact Sheet #9: RAD and Relocation)
Will I Need to Move Out of My Home?
It depends on the construction that will occur at your property. If relocation is necessary, the housing authority must provide you with advanced written notice. Relocation assistance will be provided and relocation costs will be covered. Residents will continue to pay the same amount of rent during the temporary relocation.

You will also have the right to return to an assisted unit at the property when repairs are completed. (For more information, see Fact Sheet #9: RAD and Relocation) Rental Assistance Demonstration (RAD)
FACT SHEET #2
Overview of Resident Rights after a RAD Conversion
85

Fact Sheet #2: Overview of Resident Rights after a RAD Conversion Will My Rent Change?
Most residents’ rent will remain the same. As in most public housing, rents at RAD (Section 8) properties are set at 30% of your adjusted household income.

However, If you currently pay a flat rent in public housing, your rent will transition to a new formula based on the lower of the Total Tenant Payment minus any utility allowance or other rents in the area. If this transition leads to a rent increase, your new rent may be phased in over 3 to 5 years. As in public housing, you will have to recertify your income annually and report any changes. And, if your income decreases, you have a right to request an interim recertification and an adjustment in your rent. Under RAD, you will never pay more than 30% of your household’s adjusted income towards rent. (For more information, see Fact Sheet #6: Rent) Will I Have a New Lease?
After HUD has fully approved a property for conversion, you will need to sign a new Section 8 lease and other paperwork regarding your rights and responsibilities under the Section 8 program. Make sure that everyone in your household is on your public housing lease to ensure that they have the right to remain or return to the property after conversion. (For more information, see Fact Sheet #7: Your Lease) Will Residents Continue to Be Able to Form Resident
Organizations or Associations After a RAD Conversion?
As with public housing, after a property converts through RAD, residents have the right to form and maintain a resident organization. The resident organization will be eligible to receive at least $15 per occupied apartment each year to support resident organizing and participation activities. (For more information, see Fact Sheet #8: Resident Organizing and Funding)
May I Request a Reasonable Accommodation
After Conversion?
If you or a member of your household has a disability or medical condition, you may request a reasonable accommodation, such as a larger apartment or an alternative form of communication for the blind, visually impaired, deaf or hearing impaired. To request a reasonable accommodation, you should contact the property manager.

Can I Be Evicted or Lose My Housing Assistance
Because of RAD?
After a RAD conversion your lease must be renewed each year. The only reason a lease can be ended is for “good cause.” This means that the owner must have a good reason for eviction, usually that a tenant has seriously and repeatedly broken the rules in their lease. Under RAD, you maintain the rights you had 86

related to eviction from public housing. Any eviction must include a written notice of termination and an opportunity for a hearing (unless the eviction is related to criminal activity). Your lease will describe these rights. You may only be evicted through court action. All state and local regulations regarding eviction must also be followed. (For more information, see Fact Sheet #7: Your Lease and Fact Sheet #10: Resident Grievance and Termination Rights)
Am I Able to Receive a Tenant-Based Voucher
After RAD Conversion?
Any household that has lived at the RAD property for least one year (if the property converted to Project-based Vouchers, or PBV) or two years (if the property converted to Project-based Rental Assistance, or PBRA) has the option to request a tenant-based (or Choice Mobility) voucher. A Choice Mobility voucher can be used to rent a home in the private market. If a voucher is not immediately available, the household will be placed at the top of the waitlist. (For more information, see Fact Sheet #12: Choice Mobility) Fact Sheet #2: Overview of Resident Rights after a RAD Conversion North Bern, Victor Taylor: Mr. Taylor stands in front of the newly renovated unit where he was born. Mr Taylor, a veteran and former City Alderman who continues to advocate for the community, was excited to see the upgrades and new community center.
87

June 18, 2024
Richmond Housing Authority (RHA)
& City of Richmond
Economic Development
DATE: June 18, 2024
TO: Housing Authority Board of Commissioners and
Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Nannette Beacham, Economic Development Director
Gabino Arredondo, RHA Interim Executive Director
Rita Martinez, Senior Accountant
Subject: Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2024-2025
FINANCIAL IMPACT: This action approves the Richmond Housing Authority (RHA) proposed FY 2024-2025 operating budget, with
estimated revenues of $4,319,879, and total proposed
expenditures of $4,671,805.57. If the proposed General
Fund subsidy of $351,926.57 is approved by the City of
Richmond, it will balance the RHA FY 2024-2025 budget
to $4,671,805.57 in estimated revenues and
$4,671,805.57 in expenditures.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Staff is requesting that the RHA Board of Commissioners and members of the City Council review and approve the
RHA FY 2024-2025 proposed operating budget.

JOINT MEETING

AGENDA REPORT
88

June 18, 2024
RECOMMENDED ACTION: ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2024-2025 Richmond Housing Authority (RHA)
budget, with total estimated revenues of $4,319,879 and total estimated expenditures of $4,671,805.57; and
APPROVE an RHA subsidy from the City of Richmond
General Fund in the amount of $351,926.57, which will
provide sufficient revenue to match anticipated
expenditures and balance the RHA budget to
$4,671,805.57 in estimated revenues and $4,671,805.57
in expenditures - Richmond Housing Authority/Finance
Department (Gabino Arredondo/Rita Martinez 510-621-
1300).

DISCUSSION:

Background
The Richmond Housing Authority (RHA) provides affordable housing for low and very low-income Richmond residents through the U.S. Department of Housing and Urban Development (HUD) federally funded housing programs. RHA owns multiple public housing properties and manages one property occupied by residents (Nystrom Village) with approximately 100 units. There are an additional 393 units associated with RHA entities (Richmond Village, Triangle Court, Friendship Manor), 148 units recently rehabilitated and occupied at Hacienda Heights, and 142 units currently being renovated by EAH Housing (Nevin Plaza) for a total of 783 units. Funding for the RHA budget is largely dependent on funding from U.S. Department of Housing and Urban Development (HUD), and thus subject to congressional appropriations. HUD continues the trend of inadequate funding for public housing authorities nationwide, and therefore, it is increasingly difficult for RHA to operate without a General Fund subsidy.

RHA is proposing $4,671,805.57 in expenditures during FY 2024-2025 to manage the public housing program. These expenditures include personnel costs (currently at 5.0 Full Time Equivalents (FTE)), funds to cover utilities, contracts for property maintenance and unit turn-over activities at Nystrom Village, professional services for asset repositioning, and addressing outstanding financial liabilities such as completing financial audits, and an operating subsidy pass through for Richmond Village. Estimated revenue of $4,319,879 is comprised of operating subsidies from HUD, capital funds, and tenant rents. FY 2024-2025 Budget Staff recommends that the RHA Board of Commissioners and City Council adopt a resolution approving RHA's FY 2024-2025 operating budget in the amount of $4,319,879 in revenues and $4,671,805.57 in expenditures, with a proposed City of Richmond subsidy amount of $351,926.57. The most significant revenue and expenditure changes are listed below:
89

June 18, 2024
Revenue - $4,319,879
 HUD Operating Subsidy - $1,473,586: The HUD operating subsidy includes $1,083,925 for Nevin and Nystrom, and $389,661 for the Richmond Village I, II, III pass through.
 Capital Fund Subsidy - $1,463,024: The Capital Fund provided by HUD funds, annually, Public Housing Agencies (PHAs) for the development, financing, and improvements of public housing developments and for management improvements.
 Tenant Rental Income - $277,868: Tenant rent compliance has increased from the previous years. There are units at Nystrom Village that have been repaired and units that are currently being rehabilitated with the goal of increasing tenancy and improving conditions. RHA will continue to focus on evaluating the units that can be brought back online and implementing improvements.
 Operating Transfer In - $1,005,547: A percentage from the Capital Fund is allowed to be transferred for operations (25 percent) to the Asset Management Projects (AMPs) Nystrom and Central Office Cost Center (COCC) $512,058. Operating Subsidy for Nevin Plaza will continue to be available and will reduce over the years due to the repositioning of the Nevin Plaza AMP $493,489. Any remaining funds from the Nevin operating subsidy may be transferred to other RHA AMPs in need.  Hacienda Asset Repositioning - $83,804: RHA is now responsible for the maintenance of the split parcel at the Hacienda site. Funds for maintenance and upkeep are available from Hacienda asset repositioning funds.  Repayment Agreements and Other Revenue - $16,050: Repayment agreements are between residents and RHA to pay owed rent.

Expenditures: $4,671,805.57
 Personnel - $911,514.57 (Salaries & Wages - $557,028.40 and Fringe Benefits $354,486.17): The current budget includes 5.0 FTEs (Attachment 3).  Operating Expenses - $416,550: Capital Fund - $30,000 Tenant Relocation, $150,000 Building Supplies; Hacienda - $5,000 Fencing; Nevin Plaza - $1,500 Mailing, Copying, Housing Commission; Nystrom Village - $2,000 Postage, $1,000 Printing and Copying, $10,800 Rent Program Fees, $23,000 Truck Rental, Copy Machine Rental, $3,500 Miscellaneous, $3,500 Housing Commission, $20,000 Tenant Relocation, $2,000 Tenant Recreation, $8,000 Office Supplies, $1,250 Cloths, $85,000 Small Tools, $70,000 Building Maintenance Supplies. 90

June 18, 2024
 Professional & Administrative Services - $697,076: Capital Fund - $155,216 Unit Turnover, $10,000 Appraisals $69,750 Building Needs Assessment $54,000 Asset Repositioning Financial Consulting; Nevin - $35,000 Legal Services Lease Enforcement, $12,000 Financial Audits; $50 Bank Fees; Nystrom - $45,000 Mold Testing and Remediation, Credit Reporting, Document Services, $100,000 Legal Services Lease Enforcement, $16,000 Computer Hardware and Software, $160,000 Temporary Staffing Unit Turn-over and Work Orders, $12,000 Financial Audits, $10,000 Training, $1,800 Memberships, $60 Bank Fees, $15,000 Storage, $1,200 Fees and Permits.
 Equipment & Contractual Services - $712,600: Capital Fund - $345,000 Unit Turnover Supplies, Appliances, Equipment, Temporary Staffing; Nystrom - $1,500 Equipment Services, $1,000 Vehicle Maintenance, $9,600 HVAC, $134,000 Grounds, $112,500 Vacant Property Solutions, $4,000 Electrical, $10,000 Pet Control, $50,000 Plumbing; Hacienda Lot –$45,000 Landscaping, Tree Maintenace, Lighting Repair.
 Grant Expenditures - $436,661: Expenditures for Administrative and Auditing Services from the Capital Fund $47,000 and the Richmond Village Passthrough Payments for $389,661.
 Property Insurance - $52,160.
 Utilities - $226,500: Utilities costs include expenditures for telephone, electricity, water, sewer, gas, and refuse services.
 Cost Pool - $123,197: Per the HUD approved Title 2 Code of Federal Regulations 200 (2 CFR Part 200) compliant Cost Allocation Plan (CAP).  Capital Outlay - $90,000: The main expenditure proposed includes unit turn-over and rehabilitation activities.
 Operating Transfer Out - $1,005,547: A percentage from the Capital Fund is allowed to be transferred for operations (up to 25 percent) to AMP Nystrom and for administrative services (up to 10%) to the COCC $512,058. The Operating Subsidy for Nevin Plaza will continue to be available and will be reduced over the years due to the repositioning of the Nevin Plaza AMP $493,489. Any remaining funds from the Nevin operating subsidy may be transferred to other RHA AMPs in need.

FY 2023-2024 RHA and COR Accomplishments
RHA’s main goals and objectives for FY 2023-2024, in addition to the management of the public housing program, includes moving forward on asset repositioning activities outlined in the 2019 Public Housing Authority Recovery and Sustainability (PHARS) 91

June 18, 2024
agreement between the HUD, City of Richmond, and RHA. RHA, in collaboration with City of Richmond staff, continues to make progress in improving its operations and addressing outstanding tasks outlined in the PHARS.

RHA’s accomplishments at Nevin Plaza include the start of the rehabilitation construction. Nevin Plaza rehabilitation kickoff celebration and construction commenced (138 affordable housing units for seniors). Construction of Phase 1 commenced March 2023 and was completed November 2023 (27 units). Construction of Phase 2 commenced November 2023 (54 units). The Nevin Plaza development team applied for additional Community Development Block Grant funds for Nevin Plaza and $700,000 was awarded. Community meetings and activities reconvened at the end of March 2024.

The Nystrom Village Exclusive Rights to Negotiate Agreement (ERNA) expired with the preferred developer at the end of November 2023. Additional discussions occurred with the preferred developer in December 2023; however, a mutually agreed upon development agreement was not agreed upon and negotiations ceased. A new Request for Proposals (RFP) for the Nystrom Village redevelopment was released on May 16, 2024. RHA staff continues to inform the local neighborhood council and Nystrom United Revitalization Effort (NURVE) initiative regarding redevelopment updates. In addition, RHA has begun the historical and environmental review for the redevelopment project.

There are still many challenges at Nystrom Village. There is still a high vacancy rate due to units being in disrepair. RHA and City staff have worked collaboratively to conduct multiple clean-up activities at the site. Fortunately, illegal dumping has decreased. RHA staff have entered occupied units which have generated work orders to make additional improvements.

The Hacienda Heights affordable housing site (150 units) that was renovated continues to be fully occupied. In January 2024, a financial accomplishment occurred when the permanent financing for the project closed. The construction loan was converted to a permanent financing loan at that time.

The Richmond Village affordable housing project commenced in March 2024 with community engagement activities to begin the process of submitting a Section 18 disposition application to HUD. Two community meetings were held with residents to explain the change in subsidy for tenants (April 26, 2024, and May 8, 2024). Once the application is approved, there will be a conversion of public housing units to the Section 8 platform which will make the project more financially stable.

The Richmond Finance Department has made progress regarding RHA financial matters. RHA and City Finance staff continue to work with the auditors, Maze & Associates, to complete audits. Staff has begun to work with the City’s current auditors, Badawi & Associates, to carry on completing audits. In addition, the staff is working with NBS Consultants to complete a Cost Allocation plan in accordance with HUD requirements set forth in the Title 2 CFR, Part 200 Compliant Version. The Cost 92

June 18, 2024
Allocation Plan for FY 2024-2025 is currently in progress with NBS reviewing the data requested to provide a draft report.

Financial Updates:
 2017 Audit - Financial Reports are completed and issued.  2018 Audit - Financial Reports are completed and issued.  2019 Audit - Final drafts of the Financial Reports have been provided and are being reviewed by RHA and City staff.
o 2019 Basic Financial Statements – Completed and issued. Audited data has been entered into HUD system awaiting auditor’s review. o 2019 Memorandum on Internal Control (MOIC) Report and Required Communications Report – Draft has been reviewed and staff will respond with Management responses.
o 2019 Richmond Housing Corporation – Final Draft approved by City staff. o 2019 RHA RAD LLC – Final Draft approved by City staff.  2020 Audit - Data has been requested by Badawi & Associates. City staff is working on providing all data requests.
 2022 Capital Fund Grant - Award has been approved and authorized by HUD, RHA has obligated 92% of grant.
 2023 Capital Fund Grant – 5-Year Activity Plan (YAP) for 2023 – 2027 needs to be updated and submitted for HUD review and is in progress.  RHA and City Staff began initial procurement training with HUD-provided technical assistance.

A considerable amount of City resources has been allocated to assist RHA in meeting obligations to program participants and HUD, impacting other City operations. RHA and City staff members have worked to significantly reduce the RHA budget deficit for FY 2024-2025 from previous fiscal years and will continue to oversee and monitor RHA’s budget to maintain financial integrity and the health and safety of RHA’s residents.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - FY 2024-2025 Budget
Attachment 3 - Staffing
93 Reso. No.

RESOLUTION NO._____

A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AND

BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY

OF RICHMOND (RHA) ADOPTING THE HOUSING AUTHORITY FISCAL YEAR 2024-2025 OPERATING BUDGET WITH PROPOSED REVENUES IN THE AMOUNT OF $4,319,879, TOTAL PROPOSED EXPENDITURES OF $4,671,805.57,

AND APPROVE AN RHA SUBSIDY FROM THE CITY OF RICHMOND GENERAL FUND IN THE AMOUNT OF $351,926.57, WHICH WILL BALANCE THE RHA BUDGET TO $4,671,805.57 IN ESTIMATED REVENUES AND $4,671,805.57 IN

EXPENDITURES
WHEREAS, the Richmond Housing Authority (RHA) is a public entity chartered by the City of Richmond, California, as a separate legal entity under the provisions of the U.S. Housing Act of 1937; and
WHEREAS, RHA’s programs are funded by the federal government, subject to the rules and guidelines of the United States Department of Housing and Urban Development (HUD); and
WHEREAS, RHA’s mission is to provide decent, safe and sanitary affordable housing and coordinate supportive services for low-income residents and program participants of the City of Richmond; and
WHEREAS, RHA administers the Low Rent Public Housing Program, and administers the Capital Fund Grant Program to fund rehabilitation activity on its existing public housing stock; and
WHEREAS, the RHA’s main goals and objectives for FY 2024-2025, in addition to the administration of its core public housing programs, will be to continue the repositioning of RHA assets.

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND AND THE MEMBERS OF

THE RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT: the FY 2024-2025 operating budget for the Richmond Housing Authority in the amount of $4,319,879 in estimated revenues, and with total proposed expenditures of $4,671,805.57, and an RHA subsidy from the City of Richmond General Fund in the amount of $351,926.57, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,671,805.57 in estimated revenues and $4,671,805.57 in expenditures is hereby adopted.

BE IT FURTHER RESOLVED THAT the Executive Director and City Manager is authorized to take all actions necessary to implement the foregoing resolution. *******************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond and the Richmond Housing Board of Commissioners at a joint meeting thereof held on June 18, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
94 Reso. No.

Chairperson
[SEAL]
ATTEST:

Secretary
Approved as to form:

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 joint City Council and Housing Authority Meeting held on June 18, 2024.

CLERK OF THE HOUSING AUTHORITY
95 4201 4401 4404 4405 4501 4406 4407 4408
CHARACTER ACCOUNT Capital Fund Hacienda Nevin Plaza Nystrom Village Central Office
Cost Center
(COCC)
Richmond
Village I
Richmond
Village II
Richmond
Village III
Total 24-25
Budget
3B INTERGOV FED GRANT 1,463,024.00 576,793.00 507,132.00 192,086.00 135,616.00 61,959.00 2,936,610.00 38 OTHER REVENUE 83,804.00 1,050.00 15,000.00 99,854.00 39 RENTAL INCOME 277,868.00 277,868.00
60 PROC FR SLE PROP -
90 OPER XFERS IN (from Nevin Subsidy) 493,489.00 493,489.00 90 OPER XFERS IN (from Capital Fund) 365,756.00 146,302.00 512,058.00 90 OPER XFERS IN (from General Fund) 296,503.34 55,423.23 351,926.57 83,804.00 1,463,024.00 577,843.00 1,955,748.34 201,725.23 192,086.00 135,616.00 61,959.00 4,671,805.57 50 GRANT EXPENDITURES 47,000.00 135,616.00 192,086.00 61,959.00 436,661.00 40 SALARIES AND WAGES 17,192.00 17,192.00 484,440.00 38,204.40 557,028.40 41 PYRLL/FRINGE BENEFIT 16,612.00 16,612.00 218,529.34 102,732.83 354,486.17 42 PROF & ADMIN 288,966.00 47,050.00 361,060.00 697,076.00 43 OTHER OPERATING 180,000.00 5,000.00 1,500.00 230,050.00 416,550.00 44 UTILITIES 224,500.00 2,000.00 226,500.00
45 EQPT & CONTRACT SVCS 345,000.00 45,000.00 322,600.00 712,600.00 46 PROVISN FOR INS LOSS 52,160.00 52,160.00
47 COST POOL 60,788.00 62,409.00 123,197.00
48 ASSET/CAPITAL OUTLAY 90,000.00 90,000.00
91 OPER XFERS OUT (for Operations and Admin) 512,058.00 493,489.00 1,005,547.00 83,804.00 1,463,024.00 577,843.00 1,955,748.34 201,725.23 192,086.00 135,616.00 61,959.00 4,671,805.57 Net Surplus/(Deficit) - - - - - - - - -
Total Expenses
Expenses
Total Revenue
Revenue
Richmond Housing Authority
FY24-25 Budget
96 Richmond Housing Authority
FY 24-25 Position Control - Mid Year
Position Filled/Vacant # FTE
ADMINISTRATIVE AIDE Filled 1
RESIDENT HOUSING MANAGER Filled 1
BLDG MAINTENANCE SUPERVISOR Filled 1
SENIOR PROPERTY MANAGER Filled 1
EXECUTIVE DIRECTOR HOUSING AUTHORITY Filled 1
Total FTE Positions 5
97

June 18, 2024
City Attorney's Office
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
SUBJECT: Settlement Agreements with Point Molate Alliance and North Coast Rivers Alliance
FINANCIAL IMPACT: $1,225,000, payable in sixty (60) days funded from the Risk Management Insurance Reserve Fund - 5001

PREVIOUS COUNCIL
ACTION:

September 8 and 15, 2020

STATEMENT OF THE
ISSUE:

In September 2020, the City Council certified a
Subsequent Environmental Impact Report (“SEIR”) and
approved land use approvals for the Point Molate Mixed
Use Project. Point Molate Alliance, et al. (“PMA”) and
North Coast Rivers Alliance, et al. (“NCRA”) filed related Petitions for Writ of Mandate challenging the City’s SEIR and land use approvals for the Project. After an appeal, the First District Court of Appeal issued a Final Opinion and Order on November 27, 2023. Consistent with the
First District’s Opinion and Order, the superior court on January 22, 2024, issued a judgment and peremptory
writ of mandate directing the City to vacate its
certification of the SEIR and approvals of the Project. As prevailing parties in the appeal, Petitioners PMA and
NCRA in March and April 2024 filed and served motions
to recover attorneys’ fees and litigation expenses in
connection with the consolidated CEQA cases. The
parties have proposed to avoid the uncertainty and
expense of litigation, and offered settlement of the
attorneys’ fees claims.

AGENDA
REPORT
98

June 18, 2024
RECOMMENDED ACTION: APPROVE proposed agreements with Point Molate Alliance and North Coast Alliance to settle attorney fees claims in North Coast Rivers Alliance v. City of
Richmond, Contra Costa Co. Sup. Ct. Case No. N20-
1528 (Consolidated with Case No. N20-1474) for a total
of settlement amount of $1,225,000 – City Attorney’s
Office (Dave Aleshire, 510-620-6509).

DISCUSSION:

On or about September 8 and 15, 2020, the City Council adopted Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20, which together certified the Subsequent Environmental Impact Report (“SEIR”) in compliance with the California Environmental Quality Act (“CEQA”) and approved the land use approvals for the Point Molate Mixed Use Project (“Project”), consisting of a General Plan Amendment, Rezoning, Development Agreement, Design Guidelines, including a Master Planned Area Plan and Historic Conservation Plan, Vesting Tentative Tract Map, Conditional Use Permit, and Major Design Review (PLN20-057).

In October 2020, Point Molate Alliance (“PMA”), SPRAWLDEF, Citizens for East Shore Parks, North Coast Rivers Alliance (“NCRA”), and numerous other community groups and individuals filed two related Petitions for Writ of Mandate challenging the City’s September 2020 certification of the SEIR and land use approvals for the Project. While raising numerous claims, the Petitions’ primary causes of action asserted violations of the CEQA.

The Contra Costa Superior Court, on March 15, 2022, entered Judgment Denying the Petitions for Writ of Mandate in full. Petitioners PMA and NCRA filed notices of appeal to the First District Court of Appeal on March 21 and 23, 2022, respectively (Case Nos.

A164906 and A165758).

The First District Court of Appeal issued a Final Opinion and Order Modifying Opinion and Denying Rehearing on November 27, 2023, finding the SEIR for the Project deficient in its analysis of mitigation measures addressing impacts to tribal cultural resources and emergency evacuation risks. After remittitur, the superior court on January 22, 2024, entered judgment and issued its peremptory writ of mandate directing the City to vacate its certification of the SEIR and approvals of the Project.

On March 21, 2024, PMA filed and served a motion to recover its attorneys’ fees and litigation expenses in connection with the CEQA litigation pursuant to Code of Civil Procedure section 1021.5. On April 14, 2024, NCRA filed and served a motion to recover its attorneys’ fees and litigation expenses. As successful parties in the litigation, PMA sought a total recovery of $2,118,984 and NCRA sought $678,795.94.

The City disputes PMA’s and NCRA’s entitlement to attorneys’ fees in the amounts claimed, but the parties nevertheless desire to avoid the time and expense associated with contesting post-judgment motions.
99

June 18, 2024
The City, PMA, and NCRA propose to settle their claims for attorneys’ fees related to the above-mentioned litigation actions under the terms specified in the attached draft Settlement Agreements (Attachments 1 and 2). Under the terms of the Agreements, the City would pay PMA $825,000 and pay NCRA $400,000, all within 60 days after the effective date of the respective Agreements.

As a consequence of this settlement, PMA and NCRA have agreed to withdraw their respective motions, request that the superior court vacate the hearing date on the motions, and release and forever discharge the City from all claims to attorneys’ fees and related litigation expenses arising from or related to the two cases that have accrued through the effective date of their respective agreements.

Upon approval of the above-mentioned settlement, the City Attorney will file a Notice of Settlement of Petitioners’ Motions for Attorneys’ Fees with the Contra Costa County Superior Court, specifying the terms of the settlement.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Point Molate Alliance and City of Richmond Agreement to Settle Attorneys’ Fees
Attachment 2 – Draft North Coast Rivers Alliance and City of Richmond Agreement to Settle Attorneys’ Fees
100
4139676.3

POINT MOLATE ALLIANCE AND CITY OF RICHMOND
AGREEMENT TO SETTLE ATTORNEYS’ FEES
This Agreement to settle Petitioner Point Molate Alliance, et al.’s (“PMA’s”) claims for attorneys’ fees and expenses is entered into as of June 18, 2024 (the “Effective Date”) by and among the City of Richmond (“City”) and PMA (collectively, “Parties”).

RECITALS
This Agreement is made with reference to, and in consideration of, the following facts and representations, which the Parties agree are true and correct:

A. In October 2020, Petitioners North Coast Rivers Alliance, et al. (“NCRA”) and PMA filed two related petitions for writ of mandate: North Coast Rivers Alliance, et al. v. City of Richmond et al., Contra Costa Co. Sup. Ct. Case No. MSN20-1528 (later consolidated with MSN20-1474) (“Action”). Petitioners challenged the City’s certification of a Subsequent Environmental Impact Report (“SEIR”) under the California Environmental Quality Act for the Point Molate Mixed-Use Development Project and the related approvals (“Project”).

B. On March 21, 2022, the trial court entered a judgment denying the petitions, ruling in favor of the City on all issues and upholding approvals of the Project. NCRA and PMA timely filed notices of appeal. The appeals were consolidated for all purposes on September 2, 2022 (Appellate Case No. A164906).

C. On October 27, 2023, the First District Court of Appeal issued its opinion in the consolidated appeals upholding in part and reversing in part the trial court’s judgment.

Specifically, the Court of Appeal found the SEIR for the Project deficient in its analysis of mitigation measures addressing impacts to tribal cultural resources and emergency evacuation risks. After remittitur, the trial court on January 22, 2024, entered judgment and issued its peremptory writ of mandate directing the City to vacate its certification of the SEIR and approvals of the Project.

D. On March 21, 2024, PMA filed and served a motion to recover its attorneys’ fees and litigation expenses in connection with the Action pursuant to Code of Civil Procedure section 1021.5. As a successful party in the litigation, PMA sought a total recovery of $2,118,984. The City disputes PMA’s entitlement to attorneys’ fees in the amounts claimed, but the Parties nevertheless desire to avoid the time and expense associated with contesting postjudgment motions.

E. This Agreement is the product of arms-length negotiations between the Parties, and the Parties enter this agreement to once and for all settle PMA’s claims for attorneys’ fees related to the Action, pursuant to the terms set forth below.

AGREEMENT
NOW, THEREFORE, in reliance on the above Recitals, which are true and correct, and in consideration of the mutual promises, covenants, conditions, and releases set forth in this 101
4139676.3
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

A. Settlement Amounts. In full consideration of PMA’s execution of this Agreement and its agreement to be legally bound by its terms, the City agrees to pay PMA the amount of $825,000 (“PMA Settlement Payment”). The City shall remit to PMA a check payable to the law firm of Cheasty, Cheasty & Malek, LLP, in trust for all PMA Petitioners, within sixty (60) days after the Effective Date of this Agreement.

B. Notice of Settlement. Within ten (10) days of the Effective Date, the City shall file with the trial court a Notice of Settlement of Attorneys’ Fees. Simultaneously, PMA shall withdraw its Motion for Attorneys’ Fees and request that the trial court vacate any briefing and hearing dates on the Motion.

C. Releases. On the condition that the City pays the PMA Settlement Payment, PMA, on behalf of itself and its attorneys, hereby voluntarily and knowingly releases and forever discharges the City from all claims to costs, expenses, or attorneys’ fees, whether known or unknown, arising from or related to the Action, that have accrued through the Effective Date of this Agreement. Such release and discharge shall not preclude the City from seeking reimbursement for the PMA Settlement Payment from Real Party in Interest Winehaven Legacy LLC (“Winehaven”) under Winehaven’s separate indemnity obligations to the City.

D. No Admission. This Agreement consists of a compromise and settlement by the Parties concerning PMA’s claims for attorneys’ fees and expenses related to the Action. The City specifically denied any liability for such claims. This Agreement is not and shall not be treated as an admission of liability by the City for any purpose.

E. Authority. Each signatory of this Agreement represents and warrants that he or she has full authority to enter into this Agreement on behalf of the respective Parties and to settle and compromise all claims that are the subject matter of this Agreement.

F. No Assignment. Except as provided in this Agreement, the obligations of the Parties under this Agreement may not be assigned, or otherwise transferred, except by operation of law, without the prior written consent of the Parties, which consent shall not be unreasonably withheld. In no event shall any Party’s approved assignment of any aspect of this Agreement relieve such Party of its obligations under this Agreement.

G. Entire Agreement. This Agreement constitutes a single, integrated written contract expressing the entire agreement between the Parties hereto relative to PMA’s claims for attorneys’ fees and costs related to the Action. No covenants, agreements, representations or warranties of any kind whatsoever have been made by any Party hereto; except as specifically set forth in this Agreement. All prior discussions and negotiations have been and are integrated into and are superseded by this Agreement.

H. Waiver and Modification. No provision of this Agreement may be waived unless in writing signed by each of the Parties to this Agreement. The waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. 102
4139676.3
This agreement may be modified or amended only by a written agreement executed by each of the Parties.

I. Mutual Cooperation. Each Party shall execute and deliver to the other Parties all such other further instruments and documents, and take all other such actions, as may be reasonably necessary to carry out the terms and provisions of this Agreement and secure to the other Parties the full and complete enjoyment of their respective rights and privileges hereunder.

The Parties agree not to take positions inconsistent with the terms of this Agreement and to exercise care in raising issues that may be contentious by first attempting to meet and resolve such issues with the other Parties in good faith.

J. Taxes. PMA Petitioners shall be individually responsible for, and is legally bound to make payment of, any taxes resulting from their respective settlement payments determined to be due and owing (including penalties and interest related thereto) to any federal, state, local, or regional taxing authority. PMA agrees to indemnify, defend, and hold harmless the City in the event that any governmental taxing authority asserts against the City any claim for unpaid taxes, failure to withhold taxes, penalties, or interest based upon the payment of their respective settlement payments.

K. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. Facsimile and electronically scanned signatures shall be sufficient as an original signature.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed.

Dated: June ___, 2024 LAW OFFICES OF STUART M. FLASHMAN By: __________________________________
STUART M. FLASHMAN
Attorney for Petitioners POINT MOLATE

ALLIANCE, OCEAN AWARENESS PROJECT,
INC., ANDRES SOTO, SARA L. TOBIN,

ANTHONY SUSTAK, PAMELA STELLO,
MARGARET BROWNE, and DAVID HELVARG
Dated: June ___, 2024 LAW OFFICES OF NORMAN LA FORCE
By: __________________________________

NORMAN LA FORCE
Attorney for Petitioners SIERRA CLUB and

SPRAWLDEF
103
4139676.3
Dated: June ___, 2024 CHEASTY, CHEASTY & MALEK, LLP
By: __________________________________
ROBERT C. CHEASTY
Attorneys for Petitioners CITIZENS FOR EAST

SHORE PARKS, GOLDEN GATE AUDUBON

SOCIETY, CALIFORNIA NATIVE PLANT
SOCIETY, NORMA WALLACE, and ISABELLA
ZIZI
Dated: June ___, 2024 CITY OF RICHMOND
By: __________________________________

EDUARDO MARTINEZ
Mayor of Respondent CITY OF RICHMOND
Approvals as to Form:

Dated: June ___, 2024 CITY ATTORNEY, CITY OF RICHMOND
By: __________________________________
DAVID J. ALESHIRE
Attorneys for Respondents CITY OF RICHMOND
and RICHMOND CITY COUNCIL

DOWNEY BRAND LLP
By: __________________________________
CHRISTIAN L. MARSH
Attorneys for Respondents CITY OF RICHMOND
and RICHMOND CITY COUNCIL
104
4140086.2

NORTH COAST RIVERS ALLIANCE AND CITY OF RICHMOND
AGREEMENT TO SETTLE ATTORNEYS’ FEES
This Agreement to settle Petitioner North Coast Rivers Alliance, et al.’s (“NCRA’s”) claims for attorneys’ fees and expenses is entered into as of June 18, 2024 (the “Effective Date”) by and among the City of Richmond (“City”) and NCRA (collectively, “Parties”).

RECITALS
This Agreement is made with reference to, and in consideration of, the following facts and representations, which the Parties agree are true and correct:

A. In October 2020, Petitioners NCRA and Point Molate Alliance, et al. (“PMA”) filed two related petitions for writ of mandate: North Coast Rivers Alliance, et al. v. City of Richmond et al., Contra Costa Co. Sup. Ct. Case No. MSN20-1528 (later consolidated with MSN20-1474) (“Action”). Petitioners challenged the City’s certification of a Subsequent Environmental Impact Report (“SEIR”) under the California Environmental Quality Act for the Point Molate Mixed-Use Development Project and the related approvals (“Project”).

B. On March 21, 2022, the trial court entered a judgment denying the petitions, ruling in favor of the City on all issues and upholding approvals of the Project. NCRA and PMA timely filed notices of appeal. The appeals were consolidated for all purposes on September 2, 2022 (Appellate Case No. A164906).

C. On October 27, 2023, the First District Court of Appeal issued its opinion in the consolidated appeals upholding in part and reversing in part the trial court’s judgment.

Specifically, the Court of Appeal found the SEIR for the Project deficient in its analysis of mitigation measures addressing impacts to tribal cultural resources and emergency evacuation risks. After remittitur, the trial court on January 22, 2024, entered judgment and issued its peremptory writ of mandate directing the City to vacate its certification of the SEIR and approvals of the Project.

D. On April 14, 2024, NCRA filed and served a motion to recover its attorneys’ fees and litigation expenses in connection with the Action pursuant to Code of Civil Procedure section 1021.5. As a successful party in the litigation, NCRA sought a total recovery of $678,795.94. The City disputes NCRA’s entitlement to attorneys’ fees in the amounts claimed, but the Parties nevertheless desire to avoid the time and expense associated with contesting postjudgment motions.

E. This Agreement is the product of arms-length negotiations between the Parties, and the Parties enter this agreement to once and for all settle NCRA’s claims for attorneys’ fees related to the Action, pursuant to the terms set forth below.

AGREEMENT
NOW, THEREFORE, in reliance on the above Recitals, which are true and correct, and in consideration of the mutual promises, covenants, conditions, and releases set forth in this 105
4140086.2
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

A. Settlement Amounts. In full consideration of NCRA’s execution of this Agreement and its agreement to be legally bound by its terms, the City agrees to pay NCRA the amount of $400,000 (“NCRA Settlement Payment”). The City shall remit to NCRA a check payable to the law offices of Stephan C. Volker, in trust for all NCRA Petitioners, within sixty (60) days after the Effective Date of this Agreement.

B. Notice of Settlement. Within ten (10) days of the Effective Date, the City shall file with the trial court a Notice of Settlement of Attorneys’ Fees. Simultaneously, NCRA shall withdraw its Motion for Attorneys’ Fees and request that the trial court vacate any briefing and hearing dates on the Motion.

C. Releases. On the condition that the City pays the NCRA Settlement Payment, NCRA, on behalf of itself and its attorneys, hereby voluntarily and knowingly releases and forever discharges the City from all claims to costs, expenses, or attorneys’ fees, whether known or unknown, arising from or related to the Action, that have accrued through the Effective Date of this Agreement. Such release and discharge shall not preclude the City from seeking reimbursement for the NCRA Settlement Payment from Real Party in Interest Winehaven Legacy LLC (“Winehaven”) under Winehaven’s separate indemnity obligations to the City.

D. No Admission. This Agreement consists of a compromise and settlement by the Parties concerning NCRA’s claims for attorneys’ fees and expenses related to the Action. The City specifically denied any liability for such claims. This Agreement is not and shall not be treated as an admission of liability by the City for any purpose.

E. Authority. Each signatory of this Agreement represents and warrants that he or she has full authority to enter into this Agreement on behalf of the respective Parties and to settle and compromise all claims that are the subject matter of this Agreement.

F. No Assignment. Except as provided in this Agreement, the obligations of the Parties under this Agreement may not be assigned, or otherwise transferred, except by operation of law, without the prior written consent of the Parties, which consent shall not be unreasonably withheld. In no event shall any Party’s approved assignment of any aspect of this Agreement relieve such Party of its obligations under this Agreement.

G. Entire Agreement. This Agreement constitutes a single, integrated written contract expressing the entire agreement between the Parties hereto relative to NCRA’s claims for attorneys’ fees and costs related to the Action. No covenants, agreements, representations or warranties of any kind whatsoever have been made by any Party hereto; except as specifically set forth in this Agreement. All prior discussions and negotiations have been and are integrated into and are superseded by this Agreement.

H. Waiver and Modification. No provision of this Agreement may be waived unless in writing signed by each of the Parties to this Agreement. The waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. 106
4140086.2
This agreement may be modified or amended only by a written agreement executed by each of the Parties.

I. Mutual Cooperation. Each Party shall execute and deliver to the other Parties all such other further instruments and documents, and take all other such actions, as may be reasonably necessary to carry out the terms and provisions of this Agreement and secure to the other Parties the full and complete enjoyment of their respective rights and privileges hereunder.

The Parties agree not to take positions inconsistent with the terms of this Agreement and to exercise care in raising issues that may be contentious by first attempting to meet and resolve such issues with the other Parties in good faith.

J. Taxes. NCRA Petitioners shall be individually responsible for, and legally bound to make payment of, any taxes resulting from their respective settlement payments determined to be due and owing (including penalties and interest related thereto) to any federal, state, local, or regional taxing authority. NCRA agrees to indemnify, defend, and hold harmless the City in the event that any governmental taxing authority asserts against the City any claim for unpaid taxes, failure to withhold taxes, penalties, or interest based upon the payment of their respective settlement payments.

K. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. Facsimile and electronically scanned signatures shall be sufficient as an original signature.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed.

Dated: June ___, 2024 LAW OFFICES OF STEPHAN C. VOLKER
By: __________________________________
STEPHAN C. VOLKER
Attorneys for Petitioners NORTH COAST RIVERS

ALLIANCE, PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS, INSTITUTE FOR
FISHERIES RESOURCES, and SAN FRANCISCO

CRAB BOAT OWNERS ASSOCIATION
Dated: June ___, 2024 CITY OF RICHMOND
By: __________________________________

EDUARDO MARTINEZ
Mayor of Respondent CITY OF RICHMOND
107
4140086.2
Approvals as to Form:

Dated: June ___, 2024 CITY ATTORNEY, CITY OF RICHMOND
By: __________________________________
DAVID J. ALESHIRE
Attorneys for Respondents CITY OF RICHMOND
and RICHMOND CITY COUNCIL
Dated: June ___, 2024 DOWNEY BRAND LLP
By: __________________________________
CHRISTIAN L. MARSH
Attorneys for Respondents CITY OF RICHMOND
and RICHMOND CITY COUNCIL
108

June 18, 2024
City Clerk's Office
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Placing Richmond Election Reform Act (RERA) Initiative on the November 5, 2024, General Election Ballot
FINANCIAL IMPACT: The cost of placing the ballot measure on the ballot is determined by the number of pages to be printed in the
sample ballot booklet – between $4,000 and $10,000

PREVIOUS COUNCIL
ACTION:

Direction to proceed approved at the May 7, 2024, City
Council meeting

STATEMENT OF THE
ISSUE:

The Initiative has been determined to contain a sufficient number of valid signatures to be submitted to the voters.

Because the Initiative is a Charter Amendment, the
Council must place the Initiative on the ballot at the
November 5, 2024, General Election, pursuant to
California Elections Code section 9255(c)(1).

RECOMMENDED ACTION: ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 5, 2024, an initiative to amend the Charter to hold a primary election for Councilmembers before the
general election each election year – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT
109

June 18, 2024
DISCUSSION:

On Wednesday, March 20, 2024, the City Clerk hand delivered the Initiative petition containing approximately 15,095, prima facie, signatures to the Contra Costa County Elections Division in Martinez to examine the petition and verify (using a random sampling technique) the validity of the signatures. The Contra Costa County Elections Division verified that there were 15,139 signatures submitted, 379 out of 500 valid signatures, and zero duplicates. The statistical total for the petition was calculated at 132.80%. The projected statistically valid total is in excess of the 110% required based on the sample, pursuant to Elections Code 9115 and 9237.

A certification of the Initiative results was received from Contra Costa County Elections Division on Tuesday, April 16, 2024.

On May 7, 2024, the Richmond City Council certified the results of a Charter amendment Initiative entitled “Richmond Election Reform Act” to submit to the City of Richmond electorate at the General Municipal Election to be held on November 5, 2024.

In accordance with Council direction, City Staff is now seeking City Council approval of the attached resolution to place the Initiative on the ballot of the upcoming election.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to place the Charter Amendment Initiative on the November 2024 ballot
Attachment 2 – Exhibit A – Initiative to be presented to electorate 110

DocID #20790v1
RESOLUTION NO. XX-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO SUBMIT

TO THE CITY OF RICHMOND ELECTORATE AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A MEASURE TO ADOPT A PROPOSED CITY OF

RICHMOND CHARTER AMENDMENT TO REQUIRE A PRIMARY ELECTION BE

HELD BEFORE THE GENERAL ELECTION
WHEREAS, the Richmond City Council has determined to submit to the voters at the November 5, 2024, General Election, a measure to adopt a proposed City of Richmond Charter Amendment to Require a Primary Election be held before the General Election; and WHEREAS, in accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Contra Costa County Clerk Recorder-Elections Division has been requested to consolidate the City of Richmond General Election with the General Election to be held November 5, 2024; and
WHEREAS, the Council desires to submit this initiative measure to be placed upon the ballot at said consolidated election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. At the General Election to be held in the City on Tuesday, November 5, 2024, the following initiative measure shall be submitted:
“Shall the Charter of the City of Richmond be amended to reform the election process in the City of Richmond to improve accountability, governance, and strengthen representation by adding a nonpartisan primary municipal election to the City’s election process?” Section 3. The City Clerk of the City of Richmond is hereby ordered and directed to cause said proposed measure to be printed and to mail a copy of said measure to all registered voters in the City of Richmond with their sample ballots in substantially the form set forth in Exhibit A, attached hereto.

Section 4. The City Clerk is ordered to have the full text of the measure available for review in the Office of the City Clerk and at the City of Richmond’s webpage.

Section 5. The City Clerk of the City of Richmond is hereby authorized to sign a Notice of Measure To Be Voted On in a form substantially similar to that attached hereto as Exhibit B. The Clerk of the City is hereby authorized and directed to publish said Notice of Measure To Be Voted On in the EAST BAY TIMES, a newspaper of general circulation circulated within the City of Richmond, in accordance with the provisions of Section 12114 of the Elections Code of the State of California.

Section 6. The Clerk of the City is hereby authorized and directed to cause to be delivered, no later than August 9, 2024, (which date is not fewer than 88 days prior to the date set for the General Election), one copy of this Resolution to the Registrar of Voters of the County.

Section 7. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (30) days of the adoption of this resolution.

Section 8. The Finance Director of the City is hereby authorized and directed to prepare and file with the Registrar of Voters an impartial analysis of the measure contained in Section 2 hereof covering its financial impact upon the City government in accordance with 111

DocID #20790v1
Section 2.16.070 of the Municipal Code of the City, within the time established by the Registrar of Voters.

Section 9. Pursuant to Section 9282 of the Elections Code of the State of California, the legislative body of the City of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measure.

Section 10. This resolution shall take effect immediately upon its adoption.

I hereby certify that the foregoing resolution of the City Council of the City of Richmond was duly passed and adopted at a meeting thereof held on ____________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
___________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_____________________________
Mayor
Approved as to form:
_____________________________
City Attorney
112

DocID #20790v1

EXHIBIT A

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Provided under separate cover
113

DocID #20790v1

EXHIBIT B
Notice of Election and Measure To Be Voted On

CITY OF RICHMOND

NOTICE OF A MUNICIPAL ELECTION

AND MEASURE TO BE VOTED ON
NOTICE IS HEREBY GIVEN that a General Election will be held in the City of Richmond on Tuesday, November 5, 2024, at which time there will be submitted to the voters the following measure:
“Shall the Charter of the City of Richmond be amended to reform the election process in the City of Richmond to improve accountability, governance, and strengthen representation by adding a nonpartisan primary municipal election to the City’s election process?” The Initiative Election has been consolidated with the General Election to be held in the City of Richmond, November 5, 2024. The election precincts within the City of Richmond for the Initiative Election shall be the regular election precincts established for said General Election, and the polling places and officers of election within the City of Richmond for the Initiative Election shall be the same as those selected and designated or to be selected and designated for said General Municipal Election.

NOTICE IS FURTHER GIVEN pursuant to Article 4, Section 9282 of the Elections Code of the State of California, the legislative body of the City of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measures.

NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed Wednesday, August 21, 2024, during normal office hours, 8:30 a.m. to 5:00 p.m., as the date after which no arguments for or against the City measures may be submitted to the Clerk for printing and distribution to the voters as provided in Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, at the Richmond City Hall, 450 Civic Center Plaza, Suite 300, Richmond, California. No more than five signatures may appear on the argument.

NOTICE IS FURTHER GIVEN that the City Council of the City of Richmond has determined that rebuttal arguments, not to exceed 250 words in length, as submitted by the authors of the opposing direct arguments, may be filed with the City Clerk by Monday, August 26, 2024, during normal office hours, 8:30 a.m. to 5:00 p.m., accompanied by the printed names (s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. No more than five signatures may appear on the rebuttal.

NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the Elections Code 9295 will be available for the 10-calendar-day public examination in the City Clerk’s office from Tuesday, August 27, 2024, to Thursday, September 5, 2024.

Any rebuttal argument filed under the authority of the Elections Code will be available for public examination in the City Clerk’s Office Tuesday, August 27, 2024, to Thursday, September 5, 2024.

The polls will be open on Election Day, November 5, 2024, between the hours of 7:00 a.m. and 8:00 p.m.

Pamela Christian
Clerk of the City of Richmond
City Elections Official
NOTA:

Si desea obtener informacion en Espanol de este aviso legal, puede llamar a la Oficina de la Secretaria Municipal, (510) 620-6513, Ext. 9.

Dated:

Publish:
114

EXHIBIT - A
1 September 22, 2023
436408.DOCX

CITY OF RICHMOND CHARTER AMENDMENT INITIATIVE
“The Richmond Election Reform Act”

INITIATIVE TEXT
The people of the City of Richmond do ordain as follows:

SECTION 1. Title
This Act shall be known and may be cited as “The Richmond Election Reform Act.” SECTION 2. Purpose and Intent
This initiative seeks to reform the election process in the City of Richmond to improve accountability, governance, and strengthen representation. Currently, a candidate for City Council or Mayor can be elected to office with less than a majority of the vote cast. To represent the will of at least the majority of the voters, City Councilmembers and the Mayor should not be elected to office without receiving a majority of the vote cast for that elective office.

The initiative will add a nonpartisan primary municipal election to the City’s election process whereby all qualified voters residing in a City Council district may vote for any one candidate running for that City Council seat and, if no single candidate receives a majority of the vote, the top two candidates in the primary municipal election (receiving the highest and second highest votes) for each City Council seat will subsequently appear on the general municipal election ballot.

The initiative will also enable all eligible registered voters residing in the City at large to vote for any one candidate running for Mayor and, if no single candidate receives a majority of the vote, the top two candidates in the primary municipal election (receiving the highest and second highest votes) for the office of Mayor will subsequently appear on the general municipal election ballot.

The addition of a primary municipal election to the City’s election process will allow City voters to better scrutinize and select qualified candidates, encourage candidates to be more responsive to the residents of the City, and may increase voter participation. That being said, if any candidate for an elective office at the primary municipal election receives a majority of the total votes cast for that office, that candidate shall be elected to such office and no further election for that office will be held at the subsequent general municipal election. This initiative also provides updates to the procedure for holding vacancy elections in the City.

SECTION 3. Article III-B is added to the Richmond City Charter, as follows:

ARTICLE III-B
Sec. 1. Municipal Elections. Beginning in the year 2026, regular municipal elections held in the City of Richmond shall be classified as primary municipal elections and general municipal elections. Any other municipal election that may be held by authority of this Charter, the Constitution of the State of California, or any law under which the City may 115

EXHIBIT - A
2 September 22, 2023
436408.DOCX
act shall be a special municipal election. A special municipal election may be called by the City Council by ordinance or resolution. Unless otherwise provided by this Charter and by ordinance or resolution of the City Council, all regular and special municipal elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended, governing municipal elections. The conduct of all City elections shall be under the control of the City Council, and the City Council shall, by ordinance or resolution, provide for the holding of each City election.

Sec. 2. City Primary Municipal Election and General Municipal Election. (a) Notwithstanding any other provision herein and beginning in the year 2026, a City primary municipal election shall be held in each even year, coinciding with the date of the statewide primary election, in those districts of the City wherein the term of office of Councilmember expires on the second Tuesday in January following the general municipal election (or on such other date as set forth in this City Charter), or citywide when the term of office of the Mayor expires on the second Tuesday in January following the general municipal election (or on such other date as set forth in this City Charter), for the purpose of nominating candidates to be voted on at the general municipal election and for such other purposes as the City Council may prescribe.
(b) The two candidates receiving the highest number of votes at the primary municipal election for the office of Mayor, or for a seat on the City Council, shall be candidates for the general municipal election and only their names shall be printed upon the ballot to be used in the general municipal election. Any candidate who, at the primary municipal election, shall receive a majority of the total votes cast for candidates for said office shall be elected to such office and no further election for such office shall be held at the next general municipal election.
(c) Beginning in the year 2026, a general municipal election shall be held in each even year, coinciding with the date of the statewide general election, in those districts of the City wherein the term of office of Councilmember expires on the second Tuesday in January following the general municipal election (or on such other date as set forth in this City Charter) or citywide when the term of office of Mayor expires on the second Tuesday in January following the general municipal election (or on such other date as set forth in this City Charter). (d) Any qualified voter who resides in a City Council district who desires to be a candidate for the office of a member of the City Council from that district to be filled at such general municipal election, or any qualified voter who is a resident of the City who desires to become a candidate for Mayor when that office is to be filled at such general municipal election, shall file with the City Clerk, in the period prescribed by the California Elections Code prior to a primary municipal election, a nomination paper signed by not less than 20 nor more than 30 116

EXHIBIT - A
3 September 22, 2023
436408.DOCX
qualified voters of the City Council district that is the subject of the election; or, for the office of Mayor, a nomination paper signed by not less than 40 nor more than 60 qualified voters of the City; and accompanied by a filing fee as provided in this Charter and the Richmond Municipal Code.

SECTION 4. This section of the initiative measure amends the Charter of the City of Richmond; therefore, existing provisions to be deleted are printed in strikeout type and new provisions to be added are printed in underlined type to indicate they are new.

Section 10 of Article III of the Richmond City Charter is amended to read, as follows:

Sec. 10. A vacancy in the Council shall be filled by a majority vote of the remaining Councilmembers; provided, that if such vacancy is not filled by appointment within sixty (60) days after the vacancy occurs, then a special general municipal election shall immediately be called by the Council to elect a Councilmember to serve for the unexpired term of the former incumbent, with the special general municipal election to be held on a Tuesday at least 126 days, but not more than 140 days, following Council action calling the special general municipal election; provided further, that if a special general municipal election is required to be held, the Council may, by resolution, consolidate it the special general municipal election as provided in this section with an election of the City or of any other public agency if the next election of this City or of any other public agency is to be held within 365 days from the date of vacancy.

If a special general municipal election is called, a special primary municipal election shall be held on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general municipal election at which the vacancy is to be filled. Candidates in the special primary municipal election shall be nominated in the manner set forth in Article III-B Sec. 2(d) of this Charter, except that nomination papers shall not be circulated more than 73 days before the special primary municipal election, and shall be filed with the election official for examination not less than 53 days before the special primary municipal election. All candidates shall be listed on one ballot and if any candidate receives a majority of all votes cast, he or she shall be declared elected, and no special general municipal election shall be held. If no candidate receives a majority of votes cast, the names of the candidates who receive the highest and second highest number of votes cast at the special primary municipal election shall be placed on the special general municipal election ballot. In the case of a tie vote, subdivision (a) of Section 8142 of the California Elections Code shall apply.

Any person appointed to fill a vacancy shall hold office until the second Tuesday in January following the next regular general municipal election (or on such date as set forth in this City Charter) in which Councilmembers are to be elected, at which time if the term of the office for which the vacancy was filled has not yet expired, a special municipal general election for that seat shall be scheduled on the date of the aforementioned regular general municipal election and a person shall be selected to serve the remainder of the unexpired term.
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If insufficient time exists for a special primary municipal election to proceed pursuant to the time frames set forth in the preceding paragraph, then the special primary municipal election shall be scheduled on the date of the next regular general municipal election and, if no candidate receives a majority of votes cast, the names of the candidates who receive the highest and second highest number of votes cast at the special primary municipal election shall be placed on a special general municipal election ballot in an election to be held on the 8th Tuesday following the special primary municipal election or, if the 8th Tuesday is the day of or the day following a state holiday, the 9th Tuesday following the day of the special primary municipal election
For purposes of this section a vacancy shall be deemed to exist if a Councilmember, without the permission of the Council, absents himself or herself from all regular City Council meetings for 60 days consecutively from the last regular meeting he or she attended.

Subdivision (e) of Section 3 of Article III-A of the Richmond City Charter is amended to read, as follows:

On the first Tuesday following the first Monday of November, 2006, an election shall be held for the election of a Mayor to succeed the Mayor whose term expires. Beginning in the year 2026, Thereafter, the election of a Mayor to succeed the Mayor whose term expires shall be held in accordance with Article III-B of this City Charter on the first Tuesday following the first Monday in November in every other even-numbered year. The Mayor whose term expires in November, 2005, shall remain in office and his term shall not expire until after the November, 2006, election for Mayor. The term of office of the Mayor shall commence on the second Tuesday in January following his or her election.

Section 5 of Article III-A of the Richmond City Charter is amended to read, as follows:

Sec. 5. Filling Vacancy in the Office of Mayor. If there is a vacancy in the office of Mayor, the Vice Mayor shall serve as the Mayor until a new Mayor is elected and takes office. A special general municipal election shall promptly be called by the City Council and held to elect a new Mayor, to serve for the unexpired term of the former Mayor, on a Tuesday at least 126 days, but not more than 140 days, following Council action calling the special general municipal election within a period of 180 days from the date of the vacancy unless a regular election is scheduled to be held to elect a Mayor within 365 days from the date of the vacancy. If such a special general municipal election is required to be held, the City Council may, by resolution, consolidate it the special general municipal election as provided in this section with an election of this City or of any other public agency if the next election of this City or of the other public agency is to be held within 365 days from the date of the vacancy.

If a special general municipal election is called, a special primary municipal election shall be held on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the 118

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vacancy is to be filled. Candidates in the special primary municipal election shall be nominated in the manner set forth in Article III-B Sec. 2(d), except that nomination papers shall not be circulated more than 73 days before the special primary municipal election, and shall be filed with the elections official for examination not less than 53 days before the special primary municipal election. All candidates shall be listed on one ballot and if any candidate receives a majority of all votes cast, he or she shall be declared elected, and no special general municipal election shall be held. If no candidate receives a majority of votes cast, the names of the candidates who receive the highest and second highest number of votes cast at the special primary municipal election shall be placed on the special general municipal election ballot. In the case of a tie vote, subdivision (a) of Section 8142 of the Elections Code shall apply.

If insufficient time exists for a special primary municipal election to be held pursuant to the time frames set forth in the preceding paragraph, then the special primary municipal election shall be scheduled on the date of the next regular general election and, if no candidate receives a majority of votes cast, the names of the candidates who receive the highest and second highest number of votes cast at the special primary municipal election shall be placed on a special general municipal election ballot in an election to be held on the 8th Tuesday following the special primary municipal election or, if the 8th Tuesday is the day of or the day following a state holiday, the 9th Tuesday following the day of the special primary municipal election.

Any such special primary municipal election and special general municipal election shall be held in accordance with applicable general laws of the State of California governing elections within municipalities unless otherwise provided by this Charter or by ordinance adopted by the City Council.

For purposes of this section, a vacancy shall be deemed to exist if the Mayor, without the permission of the Council, absents himself from all regular City Council meetings for 30 days consecutively from the last regular meeting he attended.

SECTION 5. Conflicting Measures. The People of the City find and declare that the provisions of this initiative may conflict with one or more provisions of other initiative measures. It is the intent of the People that if the initiative receives a greater number of affirmative votes than a conflicting measure at the same election, this initiative shall prevail in its entirety over a conflicting measure.

SECTION 6. Severability. If any provision, section, paragraph, sentence, phrase, or word of this initiative is rendered or declared invalid, illegal, or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, such unconstitutionality illegality or invalidity shall only affect such provision, section, paragraph, sentence, phrase, or word and shall not affect or impair any remaining provisions, sections, paragraphs, sentences, phrases, or words, or the application of the initiative to any other person or circumstance, and to that end, the provisions hereof are severable. It is hereby declared to be the intention of the People of the City that the initiative would have been adopted had such unconstitutional illegal or invalid provision, section, paragraph, sentence, phrase, or word not been included herein. 119

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SECTION 7. Liberal Construction. This initiative shall be liberally construed to effectuate its purposes.

SECTION 8. Legal Defense. If approved by a simple majority of voters, and thereafter challenged in court of competent jurisdiction, the City shall defend the initiative in such court of competent jurisdiction. The People of the City by approving this initiative by a simple majority of votes hereby declare that the proponent(s) of the initiative have a direct and personal stake in defending the initiative from constitutional or statutory challenges to the initiative’s validity or implementation. In the event the City fails to defend the initiative, or the City fails to appeal an adverse judgment against this initiative, in whole or in part, in any court of competent jurisdiction, the initiative’s proponent(s) shall be entitled to assert their direct personal stake by defending the initiative’s validity and implementation in any court of competent jurisdiction and shall be empowered by the People through this initiative to act as agents of the People of the City, and the City shall indemnify the proponent(s) for reasonable attorneys’ fees.

SECTION 9. Effective Date. If a majority of the voters voting at an election on this charter amendment vote in its favor, its provisions shall become operative on January 1, 2026. 120
1 RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES
April 23, 2024, 4:00 p.m.

Richmond Civic Center Auditorium, Bermuda Room
403 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL The Special April 23, 2024, City Council Meeting was called to order by Mayor Eduardo Martinez at 4:07 p.m.

B. ROLL CALL

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

Absent: None.

C. AGENDA REVIEW
Facilitator Henry Gardner presented the agenda and there were no changes.

D. CITY COUNCIL GOALS
D.1 City Council and City Staff Effective Communication DISCUSS and CONSIDER enhanced protocols for effective communication and collective efficacy between City Council and City staff – City Manager’s Office (Shasa Curl 510-620-6512).

Facilitator Henry Gardner presented a PowerPoint which included the following:

Review of the ground rules, background, and next steps; organizational chart; what do councilmembers need from the mayor (Councilmember Bana stated that we need to consider equity of all citizens and councilmembers - she used the appointments of councilmembers to boards and commissions as an example); fairness and equity for all districts (Councilmember Mclaughlin stated that the communication from the mayor's office has gotten much better and Councilmember Zepeda stated that he was able to use the link to the mayor's calendar to set up meetings); what does the mayor need from councilmembers; (Mayor Martinez added the following: that councilmember need to be concise, councilmembers need to invest time to complete items, concerned that expectations of Mayor's Office staff to help complete items, consider policy as a city primarily and as a district secondly, Councilmember Willis stated that councilmembers should not call out to the mayor to be allowed to speak, they should practice active listening); and what does the management leadership team need from the city council. Discussion ensued.

Next steps: Staff to finalize revisions of a proposed draft of the City Council's Rules of Procedure and present to the full council for review and approval at the September 10, 2024.

E. PUBLIC COMMENT
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2 Cordell Hindler gave comments regarding speakers using inappropriate language, and pulling items from the consent calendar, encouraged the council to treat staff with respect.

F. ADJOURNMENT
There being no further business, the meeting adjourned at 7:06 p.m., in memory of sixyear-old Amadeo Alvarez Jr. who was killed in a crash in Richmond and Cindy Beitman to meet again on Tuesday, April 30, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, May 21, 2024
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:36 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Gayle McLaughlin, Melvin Willis, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana arrived after the roll was called. Councilmember Doria Robinson was absent for the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  David Batiste v. City of Richmond, et al.
 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
 Hanlees Hilltop Buick et al. v. City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
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C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 425 24th Street, Richmond, CA 94804 (Homekey Program at Motel 6 location)Agency Negotiators: Nannette Beacham, Lina Velasco, Jesus MoralesNegotiating Parties: Novin Development, Trinity Center Walnut CreekUnder negotiation: Price and terms of payment D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public comments.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:39 p.m. Closed Session adjourned at 6:36 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:41 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Councilmember Doria Robinson was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (conference with legal counsel, existing litigation) direction was given to the city's representative for the David Batiste matter to move forward with the litigation. A status report was given for the Point Molate Winehaven, Guidiville, and North Coast Rivers Alliance items. There was direction given to the city attorney regarding the issue of attorney fees to proceed on that item. A status report was given for the Hanlees Hilltop Buick matter on settlement negotiations and no reportable action was taken.

Item C.2 (conference with legal counsel, anticipated litigation for one case) there was no reportable action taken.

Item C.3 (conference with legal counsel, anticipated litigation for one case) there was no reportable action taken.

Item C.4 (conference with labor negotiators) was not discussed.

Item C.5 (conference with real property negotiator) no report was given. 124
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following events: Civic Center Farmer's Market relocation to the Richmond Main Library parking lot on May 10, 2024; Bike to Work Day on May 16, 2024; Coronado Neighborhood Council meeting held on May 18, 2024; Veolia maintenance work at the Richmond wastewater facility scheduled for May 20-24, 2024; Youth and Young Adult Career Fair scheduled for May 24, 2024; Contra Costa County housing waitlist opening June 3 - 27, 2024; and the Fairmede-Hilltop Neighborhood Council meeting scheduled for May 23, 2024, to discuss the Hilltop Mall Redevelopment Plan.

Ms. Curl urged community members with concerns regarding odors from the wastewater facility to call (510) 412-2001 or the Bay Area Air Quality Management District at (800) 334-ODOR.

M. 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) Vice Mayor Jimenez reported on the following items: the commemorative art installation event in honor of Richard "Pedie" Perez held on May 18, 2024, at Uncle Sam's Liquor Store on Cutting Boulevard; and the relocation of the Civic Center Farmers Market.

Councilmember McLaughlin reported on the following items: participation in the launch of the online self-guided tour of the contaminated Richmond Zeneca site; launch of the Marina Bay Farmer's Market and the relocation of the Civic Center Farmers Market; and participation in the Peace Party at Cresent Park and the Pedie Perez art installation memorial event. Councilmember McLaughlin announced the passing of bicycle activist, Bill Pinkham, and a memorial bike ride scheduled for June 7, 2024. Councilmember McLaughlin also announced the grand opening of the Booker T. Anderson Community Center scheduled for June 6, 2024.

Councilmember Zepeda reported on the following items: participation in the League of California Cities City Leaders Summit including a collaborative framework on addressing homelessness; and the Pedie Perez art installation memorial event.

Councilmember Zepeda announced the following: vacancies on the Youth Council and Environmental and Community Investment Agreement Transportation Oversight Committee; and the 10th Annual Richmond Rainbow Pride event scheduled for June 2, 2024.

Councilmember Bana announced that May was the month of American-Asian Pacific Islanders. Councilmember Bana reported on the following items: Pedie Perez art installation memorial event and the Richmond Police Department's Cultural Competency Training; Design Review Board vacancies; corrections made to an East Bay Times article regarding illegal dumping in Richmond; and the observance of National Gun Violence Day scheduled for June 7, 2024, at the Richmond Civic Center.

Councilmember Willis reported on the following items: Pedie Perez art installation memorial event; and participation in the Faith and Action march to stop violence and human trafficking, every third Friday of the month, at Wendell Park. Councilmember Willis invited the community to the next march scheduled for June 21, 2024.

Mayor Martinez announced vacancies for the Economic Development and Zhoushan Friendship commissions. Mayor Martinez reported attending an offshore winds conference in Sacramento. Mayor Martinez announced plans to revitalize the economy 125
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of the Port of Richmond with the help of the Harvard Bloomberg Leadership Initiative focused on innovation.

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

Mark Wassberg gave comments regarding protests against the Israel–Hamas war.

Joe Puleo expressed concerns regarding the fee to utilize the Point Richmond Community Center. Mr. Puleo recommended a sunset for developer entitlements.

Cordell Hindler expressed concerns regarding the length of time staff spent at council meetings. Mr. Hindler gave comments in support of item O.7.a (annual compensation adjustment for the city clerk).

Patricia Stephens expressed concerns regarding coal trains parked in her neighborhood and the health impacts of coal dust. Ms. Stephens urged the council to take action.

Rick Perez and Patricia Perez expressed gratitude for the councilmembers and community members who attended the art installation in memory of Pedie Perez. Mr.

Perez gave comments regarding an incident that occurred on May 5, 2024, involving a Richmond police officer and a bystander.

Jamin Pursell gave comments regarding the art installation in memory of Pedie Perez.

Mr. Pursell announced the Richmond Rainbow Pride event scheduled for June 2, 2024, in the Civic Center Plaza.

Claudia Reynolds and Zenaida Gomez commended the council for its leadership and prioritizing neighborhood-scale decarbonization in Richmond. Ms. Reynolds suggested working with utility companies to prioritize health and utilize Inflation Reduction Act funding to provide free induction stoves and replacements.

Ivette (last name not stated) reported harassment and a dispute with her landlord concerning repairs and eviction. Ivette requested assistance from the city to resolve the matter.

Andrea McKelvy reported that her vehicle was impounded by the Richmond Police Department. Ms. McKelvy requested assistance from the city's unhoused services program to retrieve her vehicle.

Kimberly Graves reported that she was facing challenges and excessive costs moving back into a Richmond rental property she owned because of the tenant.

Jesus Galindo announced the AIM High free summer enrichment youth program at Helms Middle School, June 24 through July 26, 2024.

The following individuals gave comments via teleconference:

Jessie Taran expressed concerns regarding the city's emphasis on building long-term permanent housing for its unhoused residents. Ms. Taran suggested the development of mobile home parks and a connection with housing to job skills training programs for alternative energy. Ms. Taran encouraged the council to visit homebiogas.com. 126
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O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
To approve all items on the Consent Calendar.

Ayes (6): Councilmember Bana, Councilmember McLaughlin, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez Absent (1): Councilmember Robinson
Passed (6 to 1)
O.1 City Attorney's Office
O.1.a Fourth Amendment to a Contract with Burke, Williams & Sorensen, LLP to Assist with RHA Asset Repositioning and City-wide Affordable Housing Projects
APPROVE a fourth amendment to the legal services agreement with Burke, Williams & Sorensen, LLP, increasing the contract payment limit by $150,000, for a new total contract amount not to exceed $505,000, for assistance with Richmond Housing Authority asset repositioning and, as requested, city-wide affordable housing projects, and extending the term to June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6509).

O.1.b Legal Services Agreement with Angelo, Kilday, & Kilduff LLP APPROVE a new legal services agreement with Angelo, Kilday, & Kilduff LLP, for an amount not to exceed $200,000, for a term beginning May 1, 2024, to June 30, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).

O.1.c Second Amendment to Legal Services Agreement with Bennett, Gelini, and Gelini
APPROVE a second amendment to the legal services agreement with Bennett, Gelini, and Gelini to increase the compensation by $150,000, with a total amount not to exceed $259,990, and term ending June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6509/Kimberly Chin 510-620-6509).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes
APPROVE the minutes of the March 26, 2024, and May 7, 2024, Regular City Council meetings and the April 30, 2024, Special City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513). 127
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O.3 City Council
O.3.a Resolution to Support SEIU CIR Members for a Fair Contract with LifeLong Medical
ADOPT a resolution that urges LifeLong Medical to offer a competitive salary, safe overnight accommodations, and transparent disciplinary procedures to better recruit and retain resident physicians within the City of Richmond – Vice Mayor Claudia Jimenez (510-620-6565) and Councilmember Melvin Willis (510-412-2050).

Adopted Resolution No. 37-24
O.4 Community Development
O.4.a On-Call Environmental and Planning Consulting Services ADOPT a resolution authorizing on-call Environmental and/or Planning Consulting Services contracts with twenty (20) firms for as-needed services, in an amount not to exceed $1,000,000 per firm, from July 1, 2024, to June 30, 2027, with two additional one-year extension options not to exceed an additional $300,000 per extension - Community Development Department - Lina Velasco/ Hector Rojas 510-621-1220).

Adopted Resolution No. 38-24
O.5 Finance Department
O.5.a Tax Rate for Tax Override Pension Fund
ADOPT an ordinance (second reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2024-2025 at 0.14 percent – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 620-6741).

Adopted Ordinance No. 04-24 N.S.

O.6 Fire Department
O.6.a Approve the Upgraded Service by Everbridge, Inc. (Nixle) to Provide the Platform for the City of Richmond’s Emergency Notification System APPROVE AND RATIFY the upgraded service by Everbridge, Inc. (Nixle) dated July 1, 2023, to provide the platform for the City of Richmond’s Emergency Notification System, for a total amount not to exceed $76,112.82, for a three-year term ending June 14, 2026, with a two-year extension option not to exceed an additional $50,741.88 for the extended term – Fire Department (Chief Michael E. Smith 510-307- 8041/Chief Aaron Osorio 510-307-8021/Richard Diaz 510-307-8161).

O.6.b Air Monitoring Devices For Richmond Fire Department HAZMAT 64, Rescue 67, and Rescue 68
APPROVE the purchase of air monitoring devices and products from Mallory Safety and Supply, LLC. in an amount not to exceed $47,000 – Fire Department (Chief Michael E. Smith 510-307- 8041/Deputy Chief Aaron Osorio 510-307-8021/Battalion Chief Victor Bontempo
510-620-6893/Battalion Chief Anthony Woodards 510-620-6989/Den Mark Marcelo 510-307-8038).
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O.7 Human Resources
O.7.a Annual Compensation Adjustment for the City Clerk APPROVE a five percent salary adjustment for the City Clerk effective March 2, 2024, in accordance with the IFPTE Local 21 Executive Management MOU Section 6.4.D – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

O.7.b Adoption of Cesar Chavez Day and Juneteenth as Official City Holidays ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond Police Management Association (RPMA),
International Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA) – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 39-24
O.7.c Amend Staffing (Position Control) and Appropriate Funds as Required ADOPT a resolution amending position control to add a Senior Planner for the Community Development Department, and a grant-funded Administrative Analyst for the Community Services
Department -Recreation; and APPROPRIATE associated salaries, wages, and benefits from the funding source as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

Adopted Resolution No. 40-24
O.8 Police Department
O.8.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

O.9 Public Works
O.9.a Wadsworth Glass, Inc., Contract Amendment No. 2
APPROVE a second contract amendment with Wadsworth Glass, Inc., increasing the amount by $50,000, for a new total contract amount not to exceed $150,000, to supply windows, materials, and services for City buildings – Public Works Department (Daniel Chavarria 620-5478/Carl Capistrano 620-6896).

O.9.b Contract with Azul Works, Inc. for Construction of the Shields-Reid Park Improvement Project
ADOPT a resolution authorizing the award of a construction contract to Azul Works, Inc. as the contractor for the Shields-Reid Park Improvement Project, in the amount of $4,088,240.31, for a term from May 22, 2024, to June 30, 2026; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a total contingency amount not to 129
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exceed $410,000 – Public Works Department (Robert Armijo 510-620-5477/Josef Munoz 510-672-2407).

Adopted Resolution No. 41-24
O.9.c Construction Contract Amendment and Appropriation of Funds for Santa Rita Road Stabilization Project, Including Funding for Construction Management and Engineering Consultants
ADOPT a resolution to transfer and appropriate funds in the amount of $200,000 from the Risk Management Fund (5001) to General Capital Fund (2001) for the Santa Rita Road Stabilization Project (CIP#23037); AUTHORIZE an amendment to the construction contract with Northwest Demolition, Inc., for Santa Rita Road Stabilization Project, to increase the not-to-exceed amount by $25,419, for an amended total contract amount not to exceed $884,019; and AUTHORIZE the Director of Public Works to approve construction change orders, if necessary, up to $61,000, to potentially increase the total not-to-exceed contract amount to $945,019 – Public Works Department (Robert Armijo 510-620-5477/ Ken Cheng
510-621-1612).

Adopted Resolution No. 42-24
O.9.d Construction Contract Amendment No. 2 for W.R. Forde Associates, Inc. for the Cutting Boulevard and Harbour Way South Bikeways Project ADOPT a resolution to appropriate the General Capital Fund in the amount of $280,000 for Cutting Boulevard and Harbour Way South Bikeways Project; AUTHORIZE the construction contract amendment with W.R. Forde Associates, Inc, for Cutting Boulevard and Harbour Way South Bikeways Project in the amount of $104,099, for an amended total contract amount not to exceed $1,976,806.99; and AUTHORIZE the Director of Public Works to approve construction change orders, if necessary, up to an amount of $74,000, to potentially increase the contract for a total not-to-exceed amount of $2,050,806.99 – Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621-1612).

Adopted Resolution No. 43-24
O.9.e Construction Contract with NEMA Construction for the Yellow Brick Road Supplemental Lighting Project
ADOPT a resolution to transfer funds in the General Capital Fund from the Yellow Brick Road Project (29113) to the Yellow Brick Road – Clean, Green and Beautiful Project (23032) in the amount of $30,000; and AUTHORIZE the City Manager or their designee to execute a construction contract in accordance with the approved plans and specifications with NEMA Construction for the Yellow Brick Road Supplemental Street Lighting Project in an amount not to exceed $1,141,470, which includes $1,017,200 for the Base Bid plus $20,500 for Additive Bid Alternative Item A-1, and a contingency amount of $104,000; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to the contingency amount of $104,000 – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Wendy Wellbrock 510-307-8108).

Adopted Resolution No. 44-24
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P. PUBLIC HEARINGS
P.1 Extension of Tobacco Retailers Moratorium
ADOPT an urgency ordinance, pursuant to Government Code Section 65858, extending the temporary moratorium on the issuance of any new permit, license, or entitlement for any new tobacco retailer in the City of Richmond for an additional 10 months and 15 days, until April 15, 2025. This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c),(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).) - Community Development Department (Lina Velasco/Eva Mann/Hector Rojas 510-621-1220).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Community Development Director Lina Velasco presented a PowerPoint that highlighted the following: background; proposed urgency ordinance extension; measures taken since April 16, 2024; items to address in future ordinance; and next steps. Mayor Martinez declared the public hearing opened. There were no public comments. Mayor Martinez closed the public hearing. Discussion ensued. The council requested the following: develop an offline strategy to engage community members who did not use computers or social media; further define proximity limitations to include parks and family restaurants; provide a timeline of the next steps for unpermitted tobacco retailers; evaluate regulations for the sale of cannabis items at tobacco and other retailers outside of dispensaries; and capture a picture for the community on why this matter was an issue and the impacts.

Motion by Vice Mayor Jimenez
Seconded by Councilmember Willis
To adopt said urgency ordinance.

Ayes (6): Councilmember Bana, Councilmember McLaughlin, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez Absent (1): Councilmember Robinson
Passed (6 to 1)
Adopted Ordinance No. 05-24 N.S
P.2 Master Fee Schedule Update
HOLD a public hearing; and INTRODUCE an Ordinance (first reading) adjusting the dollar amount for proposed Developer Impact Fees using the two-and fouryear phase in approach and other new user fees for services – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).

Continued to the May 28, 2024, City Council meeting.
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cc21May2024 – sl/prc

Q. NEW BUSINESS
Q.1 Richmond Refining Tax Act
RECEIVE a presentation on general tax proposal related to oil refining and DIRECT the City Attorney to review and prepare a Richmond Refining Tax Act ballot measure and related documents- Mayor's Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Claudia Jimenez (510-620-6565).

Vice Mayor Jimenez and Mayor Martinez introduced the matter. Mayor's Office Chief of Staff Shiva Mishek and Attorney Kerry Guerin on behalf of Communities for a Better Environment and Asian Pacific Environment Network presented a PowerPoint that highlighted the following: need for new revenue, opportunities, and benefits; Measure T (tax on oil refineries); negative public refining impacts; and general tax vs. special tax. The following individuals gave comments in person: Elsa Stevens, Harriett Begay, Sandy Saeteurn, Miguel Diaz, Rafael Castro, Amanda Millstein, Princess Robinson, Richelle Ledesma, Abtehal, Lily, Nancy Ybarra, Edith Pastrano, Mark Wassberg, Joe Puleo, Alya Alezzani, Janet Johnson, Martine Johannessen, Althea Skinner, Andrew Melendez, Katt Ramos, Marbella Jimenez, Jamin Pursell, Amy, David Maginniss, Alfredo Angulo, Sue Wilson, Sara Cantor, Marisol Cantu, Rauly Butler, Timothy Jefferies, Randy Thomas, Blanca Retano, Hakim Johnson, and Brian Hubinger. The following individuals gave comments via teleconference: Harry Baker, Michael Gilksohn, Tarnel Abbott, Luis Gonzalez, Jane Courant, Pedro Ruiz, Emily Ross, Halimah Houston, Anu Olabode, and Jessi Taran. Discussion ensued. The council requested a financial risk analysis.

Motion by Councilmember Willis
Seconded by Vice Mayor Jimenez
To direct the city attorney as recommended.

Ayes (6): Councilmember Bana, Councilmember McLaughlin, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez Absent (1): Councilmember Robinson
Passed (6 to 1)
R. ADJOURNMENT
There being no further business, the meeting adjourned at 10:44 p.m., in memory of Susan Singh, Al Perez, Bill Pinkham, Julian Harned, Sonny Jones-Lathan, and commemorating the birthdays of Pablo Durango and Nancy Baer, to meet again on May 28, 2024, at 6:30 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor
132
1 RICHMOND, CALIFORNIA,
May 28, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:35 p.m.by Vice Mayor Claudia Jimenez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, and Vice Mayor Claudia Jimenez. Absent: Councilmember Cesar Zepeda, and Mayor Eduardo Martinez arrived after adjourning to Closed Session.

C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
 Claimant: Carla Waters Agency claimed against: City of Richmond C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Allstate Northbrook Indemnity Company A/S/O Ghamdan Abbas v.

Richmond Police Department et al.

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 12th and Macdonald
Agency Negotiators: Nannette Beacham
Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Lina Velasco
Negotiating parties: Artes Capital
Under negotiations: Price and Terms of Payment
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2 D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
There being no further business, Closed Session adjourned at 4:38 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the City Council was called to order at 6:33 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item S.1. - (Task Force to End Gender Based Domestic Violence) was moved to be heard before Item Q.1. - (Budget Study Session).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
· Claimant: Carla Waters
Agency claimed against: City of Richmond
Discussed. Direction was given to city negotiators. No reportable action was taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Allstate Northbrook Indemnity Company A/S/O Ghamdan Abbas v. Richmond Police Department et al.

Discussed. Direction was given to city negotiators. No reportable action was taken.

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Discussed. Direction was given to city negotiators. No reportable action was taken.

C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
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3 • Property: 12th and Macdonald
Agency Negotiators: Nannette Beacham
Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Lina Velasco
Negotiating parties: Artes Capital
Under negotiations: Price and Terms of Payment
Discussed. Direction was given to city negotiators. The matter was under discussion with the new owner of the property. No reportable action was taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: Public Works Week Lunch in the Park was on May 22, 2024, at Nicholl Park; the Youth and Young Adult Career Fair was on May 24, 2024, at the Richmond Memorial Auditorium; Vibe Bisto Official Ribbon Cutting was on May 24, 2024, at CoBiz; Community Paint Days would be on select Saturdays in June and July at the Parchester Village Soundwall; Richmond Rainbow Pride event would be on June 2, 2024, from 11:00 a.m. to 3:00 p.m., beginning at Nicholl Park and ending at Richmond Civic Center Plaza; Booker T. Anderson Grand Reopening would be on June 6, 2024, from 5:00 p.m. to 7:00 p.m.; and the Juneteenth Parade and Festival would be on June 22, 2024, from 10 a.m. to 6:00 p.m., at Nicholl Park.

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Bana reported the following: encouraged the celebration of diversity during Asian Pacific Islander Month; and National Gun Violence Community Remembrance Day was on June 7, 2024, from 5:30 p.m. to 7:30 p.m. at Richmond Civic Center Plaza.

Vice Mayor Jimenez reported the following: thanked the Youth Works staff that organized the Youth Career Fair; joined Teamsters Local 315 in support of a fair contract for the employees; attended the Vibe Bistro Grand Opening at 1503 Macdonald Avenue; and thanked city staff who attended the 23rd street vendor's meeting.

Councilmember McLaughlin reported the following: worked on the home decarbonization project; continued to work on the Marina Bay and Civic Center Farmer's Markets; attended a fundraiser for The Practice Space; attended the Public Works Department luncheon; worked on a sea level rise summit for September 2024; and the Tiny Village Youth project would be developed by January 2025.

Councilmember Robinson reported that the Miraflores project had a new owner and possibly a new development; attended the California Food and Agriculture Commission meeting and discussed toxic sites caused by agriculture that were located in Richmond.

Mayor Martinez reported that a delegation from Zhoshan, China was in Richmond last Sunday.

N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Proclamation for John Marquez for His Dedicated Leadership and Community Advocacy
PROCLAMATION recognizing John Marquez for his leadership, advocacy for educational access and excellence, and his continued commitment to community 135
4 development and success – Mayor Eduardo Martinez (510-620-6503), Councilmembers Soheila Bana (510-672-3490) and Cesar Zepeda (510-620- 6593).

Councilmembers Bana, Zepeda, and Mayor Martinez read and presented the proclamation to John Marquez. Mr. Marquez gave comments.

Cordell Hindler, Micaela Ochoa, Rebecca Barrett, and Trina Jackson gave comments.

N.2 Recognizing the Month of June as Pride Month and to Celebrate Richmond Rainbow Pride 10-Year Anniversary
PROCLAMATION honoring the invaluable cultural, social, and economic contributions of LGBTQI+ individuals to our community – Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593).

The city council presented the proclamation to Jamin Pursell.

Cordell Hindler, Mark Wassberg, and Sue Van Hattum gave comments.

O. 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)
AC Transit External Affairs representative, Ryan Lau gave comments regarding information for the community of the revised bus routes in the area. More information could be obtained at www.actransit.org.

Cordell Hindler gave comments regarding employee burnout.

Oscar Garcia and Gonzalo Ochoa gave comments regarding the 23rd Street corridor issues, such as traffic control, smoke shops, lack of enforcement, and issues with street vendors.

Mark Wassberg gave comments regarding the LGBTQ+ community.

Emiliano De la Mora gave comments regarding funding of a sidewalk to Pinole Regional Park on Richmond Parkway for pedestrian safety.

Amanda Jenkins, Tumani Eaton and Andrea McKelvy gave comments regarding housing assistance promised to former Castro encampment residents.

Jamin Pursell thanked those that assisted with organizing the Richmond Rainbow Pride event. Mr. Pursell also stated that he went on a ride-a-long with a police officer.

Sue VanHattum, John Emery, and Rion A. gave comments regarding the need for immediate traffic calming safety measures on Solano Avenue.

Vice Mayor Jimenez stated that she was working with the 23rd Street Merchants, the Contra Costa Health Department, and Supervisor John Gioia, regarding parking issues, the smoke shop moratorium, and the addition of code enforcement staff for the 23rd Street corridor.

P. 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.)
136
5 Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Melvin Willis
Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez Passed (7 to 0)
P.1 City Council
P.1.a Authorize Public Bank East Bay to Apply for Regulatory Approval ADOPT a resolution of the City Council of the City of Richmond authorizing the Public Bank East Bay to apply for State regulatory approval, assuring the City of Richmond’s Investment Policy is modified as needed for entering into a Public Bank, and authorizing the City of Richmond, after regulatory approval, to provide its share of founding capital – Councilmember Gayle McLaughlin (510-620-6636), Vice Mayor Claudia Jimenez (510-620-6565) and Mayor Eduardo Martinez (510-620- 6503).

Councilmember McLaughlin gave an overview.

Don Gosney, Daniel Nathan-Heiss, Jamin Pursell, and Mark Wassberg gave comments
Adopted Resolution No. 45-24.

Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Melvin Willis
Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Passed (7 to 0)
P.2 Finance Department
P.2.a Fiscal Year 2023-24 Quarter 3 Budget Review
RECEIVE the Fiscal Year 2023-24 Quarter 3 budget report for the period of July 1, 2023, through March 31, 2024; and ADOPT a resolution to APPROPRIATE $288,726 from the General Fund – Finance Department (Shasa Curl 510-620-6512/Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

Adopted Resolution No. 46-24.

P.3 Mayor's Office
P.3.a Memorial Day Proclamation
PROCLAMATION recognizing Memorial Day in the City of Richmond – Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

P.3.b Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month
137
6 PROCLAMATION recognizing May as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month – Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

Q. BUDGET SESSION
Q.1 Budget Study Session on Proposed Fiscal Year 2024-25 Operating Budget and Fiscal Year 2024-29 Five-Year Capital Improvement Plan RECEIVE the draft Fiscal Year 2024-25 Annual Operating Budget and Fiscal Year 2024-29 Five-Year Capital Improvement Plan Budget presentation; and PROVIDE DIRECTION to staff prior to final budget adoption – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/ Nickie Mastay 510-620- 6609/ Andrea Miller 510-620-6790/ Mubeen Qader 510-412-2077).

City Manager Shasa Curl, Revenue Manager Antonio Banuelos, Deputy Finance Director Mubeen Qader, Deputy Public Works Director Robert Armijo, and Capital Projects Manager Josef Munoz, presented a PowerPoint, which highlighted the following: Citywide Accomplishments; FY 2024-25 Budget Development; Schedule; General Fund Revenue Assumptions; General Fund Revenues; FY 2023-24 vs. 2024-25 General Fund Revenues; General Fund Expenditures FY 2024-25 vs. FY 2023-24; General Fund FY 2024-25 Draft Budget; Historical General Fund Revenues vs. Expenditures; Pension Costs; Pension Costs: Unfunded Accrued Liability Comparison; Other Post Employment Benefits (OPEB); American Rescue Plan Act (ARPA); Hilltop and Marina Bay District Updates; Traffic Calming 18 locations FY 2023-24 Update; Estimated Completion by June 2024; Estimated Completion end of 2024; and FY 2024-25 Budget Development Next Steps.

The City Council requested the following: a detailed vacancy report with the percentage of vacancies per department; data regarding the 6% vacancy rate and formula used; vehicle replacement reports; consider adding additional staff to the Infromation Technology and KCRT departments; a prioritization matrix for selecting traffic safety area projects; the list of positions requested by departments and budgets associated; cost of legal services, including outside legal services; ways to lower Other Post Employment Benefits (OPEB) liability for discussion at a future meeting; explore traffic calming measures for the entire city; consider additional staff for tree and weed removal, code enforcement, and one additional fire inspector.
(Councilmember Willis left the meeting at 10:31 p.m.)
Cordell Hindler gave comments in person. Susan Wehrle, Kelsey Linnett, Heather Bristow, and John Wehrle gave comments via Zoom.
(At 10:59 p.m. Vice Mayor Jimenez, seconded by Councilmember McLaughlin, extended the meeting until 11:30 p.m., by the following vote: Councilmembers Bana, McLaughlin, Robinson, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None. Absent: Councilmember Wills. Abstentions: None).

Further discussion of the 2024-25 Operating Budget, Fiscal Year 2024-29 FiveYear and Capital Improvement Plan would be heard at the June 18, 2024, City Council meeting.
138
7 R. PUBLIC HEARINGS
R.1 Master Fee Schedule Update
HOLD a public hearing; and INTRODUCE an Ordinance (first reading) adjusting the dollar amount for proposed Developer Impact Fees using the two-and fouryear phase in approach and other new user fees for services – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741). This item was continued from the May 21, 2024, meeting.

Finance Director Andrea Miller gave an overview of the matter. Revenue Manager Antonio Banuelos presented a PowerPoint, which highlighted the following: Fiscal Impact of Fee Updates; Fee Updates; Carlos Villareal, Willdan; What is a Development Impact Fee?; Mitigation Fee Act Findings; AB 602; Impact Fees - Basic Methodology; Impact Fee Categories; Growth Projections.

Cost Allocation Methods; Planned Facilities; Projected Impact Fee Revenue; Maximum Justified Impact Fee Schedule; Staff Recommendation Residential - Phase in Increase over four years; Staff Recommendation: Nonresidential Twoyear phase in; Comparison: Single Family Residential - 1,600 Sq. Ft.; Comparison: Multifamily - 20 Units; Comparison: Commercial-15,000 Sq. Ft.

Retail; and Credit Policy.

The City Council requested that Opticos consulting provide information at a future meeting regarding Accessory Dwelling Units (ADU's) under 700 ft. (At 11:29 p.m. - a motion by Vice Mayor Jimenez, seconded by Councilmember McLaughlin, suspended the rules and extended the meeting until the end of Item R.1. The motion passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None. Absent: Councilmember Wills. Abstentions: None).

Mayor Martinez declared the public hearing open. There were no public speakers.

Mayor Martinez closed the public hearing.

The first reading of the ordinance was approved.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Doria Robinson
Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
S. STUDY AND ACTION SESSION
S.1 Task Force to End Gender Based Domestic Violence
RECEIVE a presentation on the activities of the Task Force to End Gender-Based Domestic Violence – Councilmember Soheila Bana (510-620-6743).

Miriam Wong, Executive Director and Founder of the Latina Center, Catherine Rife from the Latina Center, and Jennifer Marshall from the Family Justice Center presented a PowerPoint which highlighted the following: Planning Team; Background; Purpose; Gender-Based Violence of "GBV"; Goals; Members; Task Force Interns; Current Projects; "Dating Matters".
139
8 Mark Wassberg, and Theresa Russell gave comments in person. Amanda Jenkins and Deborah Small gave comments via Zoom.

The task force would return to a city council meeting in November 2024 to discuss resources needed.

S.2 Final Written Report of the Raftelis Workforce Analysis and PowerPoint Presentation
RECEIVE the final written report from Raftelis Financial Consultants regarding their workforce analysis – City Manager’s Office/Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Continued to the June 4, 2024, City Council meeting.

T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:46 p.m., to meet again on June 4, 2024.

Clerk of the City of Richmond Mayor
140

June 18, 2024
Community Development
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Subject: Contract Amendment No. 2 with Macias Gini & O'Connell, LLP
FINANCIAL IMPACT: The costs associated with this contract will be paid for using Housing Admin Fund (12031063-400201).

PREVIOUS COUNCIL
ACTION:

December 20, 2022

STATEMENT OF THE
ISSUE:

To maintain the Richmond Neighborhood Stabilization
Corporation’s non-profit status, the corporation is
required to complete annual income tax filings. A contract amendment with Macias Gini & O’Connell, LLP is
requested to continue assisting in the preparation of
federal and state income tax returns for 2023-2025.

RECOMMENDED ACTION: APPROVE a second contract amendment with Macias Gini & O’Connell, LLP to increase the contract limit by $9,900, for a total amount not to exceed $35,150, and to extend the term to December 31, 2026, with two
additional one-year options not to exceed an additional $9,900 per extension to potentially increase the total notto-exceed contract amount up to $54,950, to continue assisting in preparing federal and state income tax
returns for 2023-2025 for the Richmond Neighborhood
Stabilization Corporation – Community Development
Department (Lina Velasco 510-620-6706).

AGENDA
REPORT
141

June 18, 2024
DISCUSSION:

As part of the Neighborhood Stabilization Program (NSP), the Housing Division created the Richmond Neighborhood Stabilization Corporation (“Richmond NS Corporation” or “Corporation”), a non-profit, public benefit corporation to implement program elements.

The Corporation continues to own one vacant property in the City, and in order to sell the property, the Corporation needs to be in good standing and is required to complete income tax filings on an annual basis.

City staff executed a short form contract in December 2021 to complete certain tax returns. After beginning the reinstatement process, additional tax filings were identified as being needed; therefore, City staff prepared a first amendment for City Council approval to add additional funds to complete the required federal and state tax returns in December 2022. Reinstatement of the Corporation was achieved in 2023; however, its good standing must be maintained. Therefore, City staff is requesting City Council authorization to amend the current contract with Macias Gini & O’Connell, LLP to increase the contract amount by $9,900, for a total amount not exceeding $35,150, with two additional one-year options not to exceed an additional $9,900 per extension, to potentially increase the contract amount up to $54,950 to continue assisting in preparing the federal and state income tax returns for the Corporation. The additional funds will cover the costs of preparing the Federal and State tax filing for tax years 2023-2025.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 2
Attachment 2 – Original Contract and Amendment No. 1
142

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

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

143
Contract Amendment/EJ/TE 09-26-07

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

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

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
144
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
145
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
146
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
147
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 148
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
149
^\CORD'
MACIGIN-02
CERTIFICATE OF LIABILIP»f INSURANCE

LMANZER
DATE (MIWDD/YTrr)
5/7/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

Alllant Insurance Services, Inc.
2355 Gold Meadow Way Ste 143Gold River, CA 95670
^J-ACT Tracy Dolan(p/K?NNEo,Ext):(916)210-0317 (FAS,No>:(916)210-0343 iliMp^ss; [email protected]

INSURER(S) AFFORDING COVERAGE
INSURER A: Hanover American Insurance Company 36064INSURER B : Berkshire Hathaway Homestate Insurance Company 20044 Macias Gini & O'Connell LLP500 Capitol Malt, Ste. 2200
Sacramento, CA 95816 INSURER E :

INSURER F:

COVERAGES CERTIFICATf NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR
A
A
B

TYPE OF INSURANCE
x COMMERCIAL GENERAL LIABILITT

CIAIMS-MADE I X I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
x POLICY | J 5'gP-r I I LOG
OTHER:

AUTOMOBILE LIABILITY
x

ANY AUTO
OWNED
AUTOS ONLY8iFTEODSONLY >

UMBRELLA LIABEXCESS LIABDED

SCHEDULED
AUTOS
NON:QWNE[ AOt'Ce'OND

OCCURCIAIMS-MADE
RETENTION $
WORKERS COMPENSATIONAND EMPLOYERS* LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVE TIC.ER/MEMBER EXCLUDED?
landatory In NH)
If yes, describe underDESCRIPTION OF OPERATIONS below
ADDL
INSD
x
N;A
SUBP
WVD
x

POLICY NUMBER
ZZFH574354ZZFH574354UAWC545273

POLICY EFF
(MMfDD/YYYYI
4/30/2024
4/30/2024
4/30/2024

POLICY EXP

IMNUDD/YYYY)
4/30/20254/30/2025
4/30/2025
LIMITS
EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (EaoccurrencetMED EXP (Any one person)PERSONAL &ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea acddentlBODILY INJURY (Per person)BODILY INJURY (Per accident)RROPEBTY DAMAGE(Per accident)EACH OCCURRENCE

AGGREGATE
x PER- STATUTE OTH- ER
E.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE]
E.L. DISEASE - POLICY LIMIT
t 2,000,000, 1,000,000, 10,000^ 2,000,000, 4,000,000^ Included A.
1,000,000
j_AAA.A.AA-
, 1,000,000, 1,000,000
1,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)CERTIFICATE HOLDER City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Qs^WrACORD25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD 150 Policy No. ZZFH574354
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILFTY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SUMMARY OF COVERAGES

1. 2.3.

4. 5.

6.7.8.9. 10.11.12.13.

Additional Insured by Contract, Agreement or Permit
Additional Insured - Primary and Non-Contributory
Blanket Waiver of SubrogationBodily Injury RedefinedBroad Form Property Damage - Borrowed Equipment, Customers Goods & Use of Elevators Knowledge of OccurrenceLiberalization ClauseMedical Payments - Extended Reporting PeriodNewly Acquired or Formed Organizations - Covered until end of policy periodNon-owned Watercraft Supplementary Payments Increased Limits
Bail BondsLoss of Earnings
Unintentional Failure to Disclose HazardsUnintentional Failure to Notify IncludedIncluded
IncludedIncludedIncludedIncluded
Included
IncludedIncluded
51ft.
$2,500
$1000
IncludedIncluded
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.1. Additional Insured by Contract, Agreement or Permit
The following is added to SECTION 11 - WHO IS
AN INSURED:Additional Insured by Contract, Agreement or Permit
a. Any person or organization with whom you
agreed in a written contract, written agreementor permit that such person or organization toadd an additional insured on your policy is anadditional insured only with respect to liability for "bodily injury", "property damage", or
"personal and advertising injury" caused, in
whole or in part:, by your acts or omissions, or
the acts or omissions of those acting on your
behalf, but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or occupy;
or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for suchadditional insured. 421-29150615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 151
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal andadvertising injury" is otherwise excludedfrom coverage under this Coverage Part, including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury", "property
damage", or "personal injury andadvertising injury".
(2) To any person or organization included as
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment tease expires; or(b) If the "bodily injury", "property damage", "personal and advertising
injury" arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takesplace after the lease for the land expires; or (b) Managers or lessors of premises if:
(i) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or"advertising injury" arises out ofstructural alterations, new construction or demolition operationsperformed by or on behalf of themanager or lessor. (5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

This exclusion applies even if the claimsagainst any insured allege negligence orother wrongdoing in the supervision, hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage" or the offense
which caused the "personal and
advertising injury" involved the renderingof or failure to render any professionalservices by or for you. d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION III - LIMITS OF
INSURANCE:

The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:1. Required by the contract, agreement or permit described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This endorsement shall not increase theapplicable Limits of Insurance shown in the Declarations.

2. Additional Insured - Primary and NonContributory
The following is added to SECTION IV -COMMERCIAL GENERAL LIABILITYCONDITIONS, Paragraph 4. Other insurance:

Additional Insured - Primary and NonContributory
If you agree in a written contract, written
agreement or permit that the insurance provided toany person or organization included as an Additional Insured under SECTION II - WHO IS
AN INSURED, is primary and non-contributory,the following applies:

If other valid and collectible insurance is available
to the Additional Insured for a loss covered under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:a. Primary Insurance This insurance is primary to other insurancethat is available to the Additional Insured which covers theAdditional Insured as a Named Insured. Wewill not seek contribution from any other insurance available to the Additional Insured
except:
(1) For the sole negligence of the Additional
Insured;
(2) When the Additional Insured is an
Additional Insured under another primary
liability policy; or
(3) when b. below applies.

If this insurance is primary, our obligations arenot affected unless any of the other insurance is also primary. Then, we will share with all
that other insurance by the method described
in c. below.
421-29150615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 152
b. Excess Insurance
(1) This insurance is excess over any of the
other insurance, whether primary, excess,contingent or on any other basis:(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or
similar coverage for "your work";
(b) That is Fire insurance for premises
rented to the Additional Insured or
temporarily occupied by the Additional
Insured with permission of the owner;
(c) That is insurance purchased by the
Additional Insured to cover the
Additional Insured's liability as a
tenant for "property damage" to
premises rented to the Additional
Insured or temporarily occupied by the
Additional with permission of the
owner; or
(d) If the loss arises out of the
maintenance or use of aircraft, "autos"
or watercraft to the extent not subject
to Exclusion g. of SECTION I

COVERAGE A - BODILY INURY

AND PROPERTY DAMAGE
LIABILITY.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any "suit" if anyother insurer has a duty to defend the insured against that "suit". If no otherinsurer defends, we will undertake to do so, but we will be entitled to the insured's
rights against all those other insurers.
(3) When this insurance is excess over other
Insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self
insured amounts under all that otherinsurance.

We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically
to apply in excess of the Limits of
Insurance shown in the Declarations of
this Coverage Part.
c. Method Of Sharing
If ail of the other insurance permits
contribution by equal shares, we wilt follow this
method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first. If any
of the other insurance does not permitcontribution by equal shares, we will contribute by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers

3. Blanket Waiver of Subrogation
The following is added to SECTION IV

COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 8. Transfer Of RightsOf Recovery Against Others To Us:We waive any right of recovery we may have against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damage under
this coverage form. The damage must arise out ofyour activities under a written contract with that person or organization. This waiver applies only to
the extent that subrogation is waived under a
written contract executed prior to the "occurrence"
or offense giving rise to such payments.

4. Bodily Injury Redefined
SECTION V - DEFINITIONS, Definition 3. "bodilyinjury" is replaced by the following:

3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person including death
resulting from any of these at any time. "Bodily
injury" includes mental anguish or othermental injury resulting from "bodily injury".

5. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use ofElevators
a. SECTION I - COVERAGES, COVERAGE A -

BODILIY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.

Exclusions subparagraph j. is amended as
follows:

Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.

Paragraphs (3), (4) and (6) do not apply to
"property damage" to "customers goods" whileon your premises nor do they apply to the useof elevators at premises you own, rent, leaseor occupy. b. The following is added to SECTION V -
DEFINTIONS:

24. "Customers goods" means property of
your customer on your premises for the
purpose of being:
421-29150615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 153
a. worked on; or
b. used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,excess, contingent

6. Knowledge of Occurrence
The following is added to SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event
of Occurrence, Offense, Claim or Suit:
e. Notice of an "occurrence", offense, claim or
"suit" will be considered knowledge of the
insured if reported to an individual named
insured, partner, executive officer or an
"employee" designated by you to give us sucha notice.

7. Liberalization Clause
The following is added to SECTION IV -
COMMERCIAL GENERAL LIABILITYCONDITIONS:

Liberalization Clause
If we adopt any revision that would broaden the
coverage under this Coverage Form withoutadditional premium, within 45 days prior to orduring the policy period, the broadened coverage will immediately apply to this Coverage Part.

8. Medical Payments - Extended Reporting
Period
a. SECTION I - COVERAGES, COVERAGE CMEDICAL PAYMENTS, Paragraph 1.

Insuring Agreement, subparagraph a.(3)(b)
is replaced by the following:
(b) The expenses are incurred and reported
to us within three years of the date of the
accident; and
b. This coverage does not apply if COVERAGE
C - MEDICAL PAYMENTS is excluded either
by the provisions of the Coverage Part or by
endorsement.

9. Newly Acquired Or Formed Organizations
SECTION II - WHO IS AN INSURED, Paragraph3.a. is replaced by the following:
a. Coverage under this provision is afforded until
the end of the policy period.

10. Non-Owned Watercraft

SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAMAGELIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following:
g. Aircraft, Auto Or Watercraft
(2) A watercraft you do not own that is:
(a) Less than 51 feet long;and(b) Not being used to carry persons or property for a charge;
This provision applies to any person who,
with your consent, either uses or is
responsible for the use of a watercraft.

11. Supplementary Payments Increased Limits
SECTION I - SUPPLEMENTARY PAYMENTSCOVERAGES A AND B, Paragraphs 1.b. and

1.d. are replaced by the following:l.b.Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 1-d.AII reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $1000 a
day because of time off from work.

12. Unintentional Failure to Disclose Hazards
The following is added to SECTION IV -COMMERCIAL GENERAL LIABILITYCONDITIONS, Paragraph 6. Representations:

We will not disclaim coverage under this Coverage
Part if you fail to disclose all hazards existing as of the inception date of the policy provided suchfailure is not intentional.

13. Unintentional Failure to Notify
The following is added to SECTION IV -
COMMERCIAL GENERAL LIABILITYCONDITIONS, Paragraph 2. Duties in the Eventof Occurrence, Offense, Claim or Suit:

Your rights afforded under this policy shall not be
prejudiced if you fail to give us notice of an
"occurrence", offense, claim or "suit", solely due to
your reasonable and documented belief that the"bodily injury" or "property damage" is not covered under this policy.

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-29150615 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 154
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B (Ed. 9-14)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that youperform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE

BLANKET WAIVER
Person/Organization Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Job Description Waiver Premium
All CA Operations
This endorsement changes the policy to which it is attac ctive on the date issued unless otherwise stated. (The information below is required only when this en ssued subsequent to preparation of the policy.) Endorsement Effective 4/30/2023 po MAWC441801 Endorsement No.

Insured Macias Gini & O'Connell Premium $
Insurance Company Oak River Insurance Company
WC 99 04 10B
(Ed. 9-14)
155

CITY OF RICHMOND

SHORT FORM CONTRACT
Department: Project Manager: Project Manager E-mail: Project Manager Phone No: PR No: Vendor No: P.O./Contract No: Description of Services: 1. Parties. The parties to this Agreement are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
(Company)
(Street Address) (City State, Zip Code) (Contract Person) (E-mail)(Telephone)(Fax Number) Richmond Business License No. Expiration Date: 2. Term. The effective date of this Agreement isand it terminates unless sooner terminated as provided herein. 3. Payment Limit. City’s total payment to Contractor under this Agreement shall not exceed ($10,000.00) including expenses unless a contract amendment has been approved by the City Council or City Manager. 4. City’s Obligations. City shall pay the Contractor a not to exceed amount of $ as total payment for all services rendered. 5. Location of Services. Contractor shall perform the services set forth herein at the following location: ___________________________________________

6. Contractor’s Obligations.

To the satisfaction of the City’s Project Manager, Contractor shall provide the following services: 7. Supplemental Conditions. This Contract is subject to the Supplemental Conditions and Special Conditions (if applicable) attached hereto, which are incorporated herein by this reference. 8. Insurance Provisions. This Contract is subject to the Insurance Provisions which are attached hereto and are incorporated herein by this reference. 9. Signatures. These signatures attest the parties’ agreement hereto: CITY:CITY OF RICHMOND, CA a municipal corporation By:

City Manager or Designee Signature CONTRACTOR: By:Signature Date:

Short Form Contract/EJ/TE 11-30-07
Community Development Lina Velasco
[email protected] (510) 620-6706
13201
Macias Gini & O'Connell, LLP will assist the Successor Agency with the preparation of the U.S. federal form 990 income tax returns for Richmond Neighborhood Stabilization Corp.

Macias Gini & O'Connell, LLP
500 Capitol Mall, Suite 2200
Sacramento, CA 95814
Scott Johnson, CPA, CGMA
[email protected]
(925) 395-2818
4005-6942
May 1, 2022
December 15, 2021
December 31, 2023
10,000.00
Richmond, CA
Will assist the Successor Agency with the
preparation of the U.S. federal income tax
returns for tax year ending December 31,
2019, 2020 and 2021.



















156













157













158













159













160













161













162













163













164













165













166













167













168













169
For the Contract between the City of
Richmond and
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SUPPLEMENTAL CONDITIONS

1. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.

2. This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.

3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.

4. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.

5. Contractor shall indemnify, defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.

6. Contractor agrees to observe all applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.

7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.

8. If this Contract does exceed five thousand dollars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

Macias Gini & O'Connell, LLP













170
For the Contract between the City of
Richmond and
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SPECIAL CONDITIONS
Macias Gini & O'Connell, LLP
The Supplemental Conditions of the Short Form Contract are hereby amended to include the following modifications: See Terms and Conditions on pages 9-13 of engagement letter, dated December 8, 2021. 












171
For the Contract between the City of
Richmond and
Short Form Contract Insurance Provisions/EJ/TE 11-30-07

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Macias Gini & O'Connell, LLP













172
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011 In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work. Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR. Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

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

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto). 3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance. 6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits Workers’ Compensation and Employers’ Liability Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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. 












173
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011 Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors & Omissions Liability – Required for all professionals including architects, engineers, consultants, construction management, counselors, medical professionals, hospitals, clinics, attorneys and accountants, & other consultants as may be required by the City. Required Policy Conditions Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract. ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

Waiver of Subrogation Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

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












174
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011 Claims-Made Policies If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. Subcontractors CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage. Verification of Coverage All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time. Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond. Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate. If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager. Cancellation CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City. Reporting Requirements Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Consistent with Public Policy The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable. 












175

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)(Ea accident)
$$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $$$$ PROPERTY DAMAGE
BODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULEDANY AUTO

AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE $$$
E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT ER
OTHSTATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$

OCCURCLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE $ DAMAGE TO RENTEDPREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATIONAUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY
5,000,000
Deductible: $250,000Producer's California DOI License #OE77964 Lemme, a division of EPIC

NAVIGATORS SPECIALTY INS CO
Edgewood Partners Insurance Center
Professional Liability
450 Civic Center Plaza, Suite 300
Aggregate
05/01/22 Each Claim
Arlington Heights, IL 60005500 Capitol Mall, Ste 2200
1-847-385-6800
[email protected]
04/29/2021
City of Richmond
USA
Macias Gini & O'Connell LLP
[email protected]_LEM
David Koenen
Sacramento, CA 95814
62078554
62078554
36056
4th Floor111 West Campbell
A DN21APLC0003KIC
847-385-6800
05/01/21
5,000,000
Richmond, CA 94804













176

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

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

Community Development Lina Velasco [email protected] (510) 620-6706 13201 / 5908 Macias Gini & O'Connell, LLP will assist the Successor Agency with the preparation of income tax returns for the Richmond Neighborhood Stabilization Corporation.
✔
1 Macias Gini & O'Connell, LLP (MGO)
500 Capitol Mall, Suite 2200 Sacramento, CA 95814 Scott Johnson, CPA, CGMA (925) 395-2818 [email protected] 4005-6942 December 31, 2022 ✔ December 27, 2021 December 27, 2021 December 31, 2023 10,000.00 DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 177
Contract Amendment/EJ/TE 09-26-07

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

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

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Macias Gini & O'Connell, LLP (MGO)
DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 Partner
1/10/2023 MayoryMayor
178
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
1 / 5908 December 27, 2021 December 31, 2024 15,250.00
Macias Gini & O'Connell, LLP (MGO)
25,250.00
Macias Gini & O'Connell, LLC (MGO) will assist the Housing Division in preparing the U.S. federal Form 990 and CA income Form 199 tax returns for the calander years (CY) 2017-2022 for the Richmond Neighborhood Stabilization Corporation. MGO will also prepare the CY 2023 filings, if requested by the City.

Unless otherwise specified above, our fees will be based on our standard hourly rates not to exceed $12,000. If a 2023 Form 990 and California Form 199 needs to be prepared, not to exceed fees will be adjusted to $15,250. Hourly rates will also apply to any additional time incurred in paper filing returns, compiling or correcting information that you have provided.

DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 179
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
Macias Gini & O'Connell, LLP (MGO)
1 / 5908 December 20, 2022 15,250.00 25,250.00 December 31, 2024 ✔ ✔
✔
25,250.00 25,250.00 25,250.00 25,250.00
DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 180
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.

DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 181
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 47980A44-DE0C-450D-ACA7-B6FB0536E3A8 182
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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June 18, 2024
Community Development
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject: San Francisco Foundation Grant for Housing Fellow FINANCIAL IMPACT: The funds for this contract will be covered by a $16,600 grant provided by the San Francisco Foundation to the
City’s Richmond Neighborhood Stabilization Corporation
to support the City in implementing its recently adopted Equitable Land Disposition Policy.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The San Francisco Foundation is providing the City’s
Richmond Neighborhood Stabilization Corporation a
$16,600 grant to fund a consultant to support the City in implementing its recently adopted Equitable Public Land Disposition Policy.

RECOMMENDED ACTION: ACCEPT and APPROPRIATE $16,600 in grant funds; AUTHORIZE the city manager to execute a grant
agreement with San Francisco Foundation; and
APPROVE a sole source contract with Kaitlyn
Quackenbush Consulting, in an amount not to exceed
$16,600, for the term June 1, 2024, through August 31,
2024, to support the City in implementing its recently
adopted Equitable Land Disposition Policy – Community
Development Department (Lina Velasco/Jesus Morales
510-620-6649).

AGENDA
REPORT
191

June 18, 2024
DISCUSSION:

As part of the Partnership for the Bay's Future Breakthrough Grant, Kaitlyn Quackenbush was the housing policy fellow placed with the City of Richmond from June 2022 to May 2024. In this role, Ms. Quackenbush led the process to research, design, write, conduct community engagement, and pass the Equitable Public Land Disposition policy. The fellowship ended May 31, 2024, at a time when the City was in the midst of critical implementation efforts of the policy.

The San Francisco Foundation is providing the City’s Richmond Neighborhood Stabilization Corporation a $16,600 grant to support the City in implementing its recently adopted Equitable Public Land Disposition Policy.

As a contractor, Ms. Quackenbush will continue the initial policy implementation work she has been leading for the City. City staff is seeking Council acceptance and appropriation of the $16,600 grant funds given to the Richmond Neighborhood Stabilization Corporation; authorization for the City Manager to execute any grant agreement necessary for the grant; and approval of a sole source contract with Kaitlyn Quackenbush Consulting since the scope of work is a continuation of work she has been leading as the City’s Housing Fellow. The contract would be for $16,600 and for a term beginning June 1 to August 31, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Contract with K. Quackenbush Consulting
Attachment 2 – San Francisco Foundation Grant Approval
192

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
193

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

By:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
194
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
195
1 1. Develop a Clear Request for Proposals/Qualifications (RFP/Q) • Objective: To outline the city's objectives and criteria for selecting affordable housing developers for public land projects.
• Tasks:
• Collaborate with city officials to draft the RFP/Q, ensuring alignment with city goals and regulations.
• Define clear submission requirements and evaluation criteria. • Deliverables:
• Finalized RFP/Q document ready for dissemination to potential developers.

2. Manage Environmental and Historic Resource Consultants • Objective: Ensure compliance with environmental and historical preservation requirements for two priority sites.
• Tasks:
• Coordinate and oversee consultants’ activities, ensuring timely and accurate deliverables.
• Review and incorporate consultants' findings into the site development plans. • Deliverables:
• Comprehensive environmental and historical assessments for the two selected priority sites.

3. Establish Review Committee Protocols and Training
• Objective: Create a standardized process for evaluating RFP submissions. • Tasks:
• Develop and document protocols for the operation and decision-making processes of the review committee.
• Design and implement a training curriculum for committee members. • Recruit and onboard qualified individuals to serve on the review committee. • Deliverables:
• Documented review committee protocols.
• Training materials and curriculum.
• List of recruited committee members.

4. Finalize and Launch Public Land Map
• Objective: Ensure transparency and public access to information on available public land.
• Tasks:
• Update and finalize the map detailing the public land inventory. • Ensure the map is user-friendly and accessible online. • Coordinate the public launch and promotion of the map. • Deliverables:
• Public land map published on the city's website.

5. Establish Monitoring and Evaluation Framework
• Objective: Develop a system to monitor and evaluate the impact of public land policy on affordable housing development.
• Tasks:
• Identify key performance indicators (KPIs) and metrics for evaluation. • Develop a monitoring and evaluation plan.
• Implement data collection and reporting mechanisms.
• Deliverables:
• Documented monitoring and evaluation framework.
196
2 6. Complete Staff Time and Cost Report for Phase 1 Implementation • Objective: Provide a detailed report on the resources utilized during the initial phase of implementation.
• Tasks:
• Collect and analyze data on staff time and associated costs. • Compile the information into a comprehensive report.
• Deliverables:
• Staff time and cost report for phase 1 implementation.

7. Support Cross-Departmental Education on Public Land Policy • Objective: Facilitate knowledge sharing and education on public land policy across city departments.
• Tasks:
• Develop educational materials, including slides and talking points. • Conduct training sessions and workshops for relevant departments. • Deliverables:
• Educational materials and presentations.

8. Onboard New Housing Programs Analyst
• Objective: Ensure the new Housing Programs Analyst is effectively integrated into the surplus land work.
• Tasks:
• Develop an onboarding plan and training schedule.
• Provide comprehensive training on ongoing projects, protocols, and objectives. • Assign initial tasks and responsibilities to the new analyst. • Deliverables:
• Onboarding plan and training materials.
• Initial task list for the Housing Programs Analyst.

Project Timeline
• Phase 1: Develop RFP and manage consultants (Months 1) • Phase 2: Establish review protocols, launch public land map, define annual review process (Month 2)
• Phase 3: Establish monitoring framework, complete cost report (Month 3) • Phase 4: Cross-departmental education, onboard analyst (Ongoing, starting Month 1) Key Stakeholders
• City Leadership
• Community-Based Partners including RichmondLAND
• Environmental and Historic Resource Consultants
• Review Committee Members
• City Staff and Departments
Reporting and Communication
• Provide bi-weekly progress reports to City Staff and CBO partner. • Conduct bi-weekly updates and feedback sessions with stakeholders. • Ensure public announcements and information sessions are held as necessary. 197
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

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

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

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

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 198
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 200
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

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

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 201
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 202
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 203
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 205
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 206
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 207
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 208
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City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

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

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 210
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 211
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 212
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
213
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
214
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
215
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 216
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
217

CITY OF RICHMOND
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.

Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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) 218
From: Ella Zimbalist
To: Lina Velasco
Subject: Fellowship extension request
Date: Monday, May 20, 2024 2:17:17 PM
Attachments: image701823.png
image090388.png
image317638.png
Richmond Extension Scope and Budget.pdf
SFF Grants Portal Fluxx Organizational Account Creation and Password Process (1).pdf This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Hi Lina,
I got approval from our team to go ahead and start processing the grant to keep Kaitlyn on as a consultant. I attached the scope and budget she shared with me. I am starting to put the grant together on our end. In the meantime, please see the instructions attached for how to create and account profile in fluxx. The profile needs to be approved by our grants admin team which can take a few days, so please do this as soon as possible! Let me know if you have any questions!
Best,
Ella
Ella Zimbalist
Associate Initiative Officer, Partnership for the Bay's Future San Francisco Foundation
One Embarcadero Center, Suite 1400 | San Francisco, CA 94111 T: (415) 733-8552 | F: (415) 477-2783
[email protected]
sff.org
She, Her, Hers
Please follow the Partnership for the Bay's Future on Twitter Facebook LinkedIn 219