Agenda — Richmond City Council, April 1, 2025 (part 1 of 5)

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, April 1, 2025, 3:30 p.m.

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

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Vice Mayor 2025 / District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!
***REGISTER TO VOTE HERE!!***
https://registertovote.ca.gov/
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
HOW TO WATCH THE MEETING FROM HOME:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

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.

Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
4/1/25 CC Mtg.
2 Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31 The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-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.

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 4/1/25 CC Mtg.
3 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
4/1/25 CC Mtg.
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

B. ROLL CALL
C. JOINT MEETING OF THE CITY OF RICHMOND/SURPLUS PROPERTY AUTHORITY

MEETING

CITY COUNCIL
C.1 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.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. 3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven Legacy LLC v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al.

SURPLUS PROPERTY AUTHORITY
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 4/1/25 CC Mtg.
5 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
4:55 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY OPEN FORUM
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Contract with Door and Window Guard Systems, Inc. for Installation at Nystrom Village
12 ADOPT a resolution authorizing a contract for $150,000 with Door and Window Guard Systems, Inc., beginning April 1, 2025, and ending June 30, 2028, for installation and removal of steel door and window guards at vacant units located within Nystrom Village – Richmond Housing Authority (Gregory Palomino 510-621-1300/Antoinette Terrell 510-620-6784).

L.2 On Call Contract with Net Electric for services at Nystrom Village 49 ADOPT a resolution to approve a contract with Net Electric for on-call the residential electric services in the amount not to exceed $60,000 from April 1, 2025, to April 1, 2028, with the option to extend for up to two additional years at $20,000 per year for a total not to exceed amount of $100,000 to support unit turnover activities and work orders at Nystrom Village - Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621-1361).

L.3 Housing Authority Meeting Minutes 233
APPROVE the minutes of the December 3, 2024, regular meeting and the December 17, 2024, and January 21, 2025, special meetings - City Clerk's Office (Pamela Christian 510-620-6513).

M. ADJOURNMENT
_______________________________________________________ 4/1/25 CC Mtg.
6 N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
5:00 p.m.

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

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T.1 NEW EMPLOYEE REPORT - 1st Tuesday
U. 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)
V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
V.1 City Attorney's Office
V.1.a Legal Services Agreement with Boucher Law PC 239
APPROVE a legal services agreement with Boucher Law P.C. for a term of November 1, 2021, through December 31, 2025, for a total amount not to exceed amount of $125,000, for confidential personnel investigation matters – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6600).

V.1.b Fourth Amendment to the Legal Services Agreement (“LSA”) with Burke, Williams & Sorensen, LLP.
260
APPROVE a fourth amendment to the Legal Services Agreement with Burke, Williams & Sorensen, LLP, in the amount of $110,000 for a total contract amount not to exceed $250,000, with a term ending on December 30, 2026, to continue representing the City in municipal law matters, including personnel matters and litigation – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510- 620-6509).
4/1/25 CC Mtg.
7 V.2 City Clerk's Office
V.2.a Meeting Minutes 297
APPROVE the minutes of the February 18, 2025, and February 25, 2025, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

V.3 Community Development
V.3.a Contract Amendment No. 2 with Civica Law Group, APC 311 APPROVE second amendment to the Legal Services Agreement with Civica Law Group, APC to increase the contract amount by $650,000, for a total contract amount not to exceed $1,135,600.44, for a term through June 30, 2027, to provide legal representation, advice, and assistance to the City of Richmond regarding code enforcement matters and to continue the City’s Health and Safey Receivership Program - Community Development Department (Lina Velasco/Eva Mann 510-620-6841).

V.3.b International Travel Request for TCC Project Coordinator 342 APPROVE international travel for Transformative Climate Communities Project Coordinator Ms. Beatriz Guerrero Auna to attend the 2025 Urban Land Institute (ULI) Health Leaders Network Convening in the Netherlands not to exceed $2,250 in funding - Community Development Department (Lina Velasco/Beatriz Guerrero 510-620-5450).

V.3.c Contract Amendment No.1 with Contra Costa County Health for ERF–2R Program Project Management
351
APPROVE a contract amendment No.1 with Contra Costa Health’s Health, Housing, and Human Services (H3) Department to increase the contract amount by $2,875,440, for a total contract amount not to exceed $4,306,079, for a term extending through June 30, 2026, to provide project management, rapid rehousing services, and shelter bed services for the City’s Encampment Resolution Funding Round 2 project – Community Development Department (Lina Velasco/Jesus M. Morales 510-620-6649).

V.4 Library and Community Services
V.4.a Richmond Workforce Development Board Application as a Adult and Dislocated Worker Career Services Provider
399
APPROVE the submittal of the application to the Governor of the State of California for the Richmond Workforce Development Board to serve as a Adult and Dislocated Worker Career Services Provider – Community Service Department, Employment and Training Division (Tamara Walker 510-307-8006).
4/1/25 CC Mtg.
8 V.4.b Richmond Workforce Development Board Recertification Application 589 APPROVE the submission of the California Workforce Development Board Local Area Subsequent Designation and Local Board Recertification Application for the Richmond Workforce Development Board for Program Year 2025-27 – Community Services Department, Employment and Training Division (Tamara Walker 510-307-8006).

V.5 Mayor's Office
V.5.a Reappointment of Tomasa Espinoza to the Richmond Rent Board 607 REAPPOINT Tomasa Espinoza to the Richmond Rent Board, term expires March 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.5.b Reappointment of Elena Velazquez to the Richmond Youth Council 611 REAPPOINT Elena Velazquez to the Richmond Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.5.c Amend Ordinance No. 08-21 N.S. to Establish a Biannual Report from the Richmond Arts and Culture Division Manager
614
DIRECT the City Attorney’s Office to draft an amendment to Ordinance No. 08-21 N.S. requiring the arts and culture division manager to provide a biannual written report and deliver an in-person presentation to the Richmond City Council, with the proposed amendment to be prepared within 45 days - Mayor's Office (Mayor Eduardo Martinez 510-621-1275), Councilmember Claudia Jimenez (510-620-6565), and Councilmember Doria Robinson (510-620- 6565).

V.5.d Declaring April 2025 as Alcohol Awareness Month 627 PROCLAMATION Declaring April 2025 as Alcohol Awareness Month – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.6 Public Works
V.6.a Accept and Appropriate One Bay Area Grant 3 Funds and Contract with Kimley-Horn and Associates, Inc..
630
ADOPT a resolution to ACCEPT and APPROPRIATE One Bay Area Grant 3 funds in the amount of $1,674,702.81 to the Bayview to BART Improvement Project; and AUTHORIZE the city manager or her designee to execute a contract in an amount not to exceed $565,116.36, with a term beginning March 25, 2025, through December 31, 2026, with Kimley-Horn and Associates, Inc. for engineering design services for the Bayview to BART Project – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510- 620-5477/Daniel Chavarria 510-620-5478).
4/1/25 CC Mtg.
9 V.6.b Appropriate Measure J Funds for Blue Curb Policy Development 821 ADOPT a resolution to ALLOCATE and APPROPRIATE funds in the amount of $120,000 from Measure J Fund 2002 to develop a comprehensive policy for providing on-street blue curb parking spaces - Public Works Department (Janney Lockman 510-307- 8097/Robert Armijo 510-620-5477/Daniel Chavarria 510-620-5478).

V.6.c Preparation of the Engineer’s Report for Fiscal Year 2025-2026 for the Marina Bay Landscape and Lighting Maintenance District 827
ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2025-2026 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Jason Lacey 510-620-6920).

W. PUBLIC HEARINGS - NOT BEFORE 5:00 P.M.

W.1 Extension of Moratorium on New Tobacco Retailers 832 HOLD a public hearing to ADOPT an urgency ordinance, pursuant to Government Code Section 65858, extending the temporary moratorium on the issuance of new permit, license, or entitlement for any new tobacco retailer in the City of Richmond for an additional 12 months, until April 15, 2026. 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 510-621-1220).

W.2 Extension of the Keller Beach Sanitary Sewer Moratorium (2025-2027) – Adoption of Urgency Ordinance
847
HOLD a public hearing to ADOPT an ordinance, pursuant to Government Code Section 65858, extending the existing moratorium (22 months and 15 days) on the issuance of building permits requiring a new sewer connection to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof pursuant to Government Code Section 65858. The ordinance is not a project under the California Environmental Quality Act (CEQA), as it maintains the existing physical environment and prevents changes in the environment, thereby having no potential for direct or reasonably foreseeable indirect physical change (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. There is no possibility that adoption of this ordinance will have a significant effect on the environment because it maintains the existing condition of the environment Section 15061(b)(3) - Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477/Mary Phelps 510-621-1269).
4/1/25 CC Mtg.
10 X. NEW BUSINESS
X.1 AB 481 “Military Equipment Use” Annual Report 872
ADOPT a resolution (1) accepting the 2024 Annual Military Equipment Report; (2) determining that the Police Department’s use of military equipment in 2024 complied with the Department’s Military Equipment Policy No. 707 and state law; and (3) to renew the authorizing Ordinance No. 12-22 N.S. / Military Equipment Use Policy - Police Department (Bisa French 510-621-1802). THIS ITEM WAS CONTINUED FROM THE MARCH 25, 2025, MEETING AND WILL BE CONTINUED TO THE APRIL 22, 2025, MEETING.

X.2 Update on Street Sweeping Sign Installation & Data Collection 920 RECEIVE a presentation on the status of the installation of street sweeping signs citywide; and ADOPT a resolution and APPROPRIATE $564,131.17 from the fund balance in the SB1 fund for citywide sign, streetlight, and traffic signal pole data collection – Public Works Department (Daniel Chavarria/Tawfic Halaby/Robert Chelemedos 510-231-3008).

X.3 Receive Direction from City Council on Healthy Options at Point of Sale (HOPS).
958
DISCUSS and PROVIDE DIRECTION to City staff on the draft Healthy Options at Point-of-Sale (HOPS) ordinance in collaboration with HOPS youth advocates - City Attorney’s Office/Economic Development Department (James Atencio 510-620-6509/Samantha Carr 510-620-5407/Yahna Williamson 510-620-6574).

X.4 Incorporate Tree Wells for Sidewalk Development to Increase Tree Canopies 988 DIRECT staff to immediately include tree wells for all CIP projects that include sidewalks and have not yet completed their design, or where a non-cost prohibitive change order could be used to adjust the design to include tree wells where it is feasible. Feasibility should be based on our new sidewalk standards and policy once they are completed. DIRECT staff to create a clear definition of what feasibility is as it relates to ADA accessibility, legal, and safety constraints. DIRECT staff to work with local non-profits, community groups, and residents, to plant trees in these new and old tree wells and create and implement a regular tree maintenance plan to take care of the trees once they are planted - Vice Mayor Cesar Zepeda (510-620-6593) and Councilmember Doria Robinson (510-620-6568).

Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Z. ADJOURNMENT
________________________
4/1/25 CC Mtg.
11

Page 1 of 2 ends

March 25, 2025
Economic Development
Richmond Housing Authority
DATE: March 25, 2025
TO: Chair Martinez and Members of the Board of
Commissioners of the Richmond Housing Authority
FROM: Antoinette Terrell, Executive Director of Richmond Housing Authority
Nannette Beacham, Director of Economic Development
Gregory Palomino, Administrative Assistant
Subject: Contract with Door and Window Guard Systems, Inc. for Installation at Nystrom Village
FINANCIAL IMPACT: The vacant property security will be funded through the U.S. Housing and Urban Development (HUD) annual
allocation of Operating Subsidy Fiscal Year (FY):

FY 2024-25: $50,000
FY 2025-26: $50,000
FY 2026-27: $50,000

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Housing Authority is requesting the
Richmond City Council to adopt a resolution authorizing a contract with Door and Window Guard Systems, Inc. to
continue to secure the vacant units located within
Nystrom Village.

RECOMMENDED ACTION: ADOPT a resolution authorizing a contract for $150,000 with Door and Window Guard Systems, Inc., beginning
April 1, 2025, and ending June 30, 2028, for installation and removal of steel door and window guards at vacant
units located within Nystrom Village – Richmond Housing Authority (Gregory Palomino 510-621-1300/Antoinette
Terrell 510-620-6784).

AGENDA
REPORT
12

Page 2 of 2 ends

March 25, 2025
DISCUSSION:

The Richmond Housing Authority (RHA) seeks to continue its contract with Door and Window Guard Systems, Inc. to secure vacant properties at Nystrom Village, a multifamily complex consisting of duplex apartments. This property has experienced and continues to experience a relatively high vacancy rate. These vacant units, many of which are uninhabitable and awaiting renovations, require effective security measures to deter squatters, prevent further property damage, and avoid additional legal or logistical challenges associated with unauthorized occupation.

Due to the unique circumstances and ongoing needs of this project, the RHA is pursuing a sole-source procurement for the continuation of services with the current vendor. A sole source justification is appropriate in this case, as the current vendor provides a proven solution tailored to the specific needs of RHA’s vacant property security. The vendor has demonstrated expertise in addressing the challenges at Nystrom Village, including mitigating risks related to squatter occupation and maintaining property integrity.

Transitioning to a new vendor would introduce significant risks, including service lapses during the removal and reinstallation of security equipment, as well as increased vulnerability to unauthorized access during the transition period. These risks could lead to heightened costs for repairs, legal proceedings, and enforcement efforts, making continuity of service a critical priority (Attachment 1).

By adopting this resolution, the City Council will enable the RHA to uphold the safety and security of its properties, minimize risks associated with service transitions, and continue protecting its assets during this period of vacancy and renovation (Attachment 2).

City staff recommends that the City Council adopt a resolution authorizing a sole source contract with Door and Window Guard Systems, Inc. for vacant property security at Nystrom Village, ensuring continuity of service and the safety of the Richmond Housing Authority’s properties (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Justification
Attachment 2 – Resolution Door and Window Guard Systems, Inc.

Attachment 3 – Contract
13 14
15 16
17 Reso. No. ____

Page 1 of 2 ends

RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A CONTRACT DOOR AND WINDOW GUARD SYSTEMS, INC. FOR VACANT PROPERTY SECURITY IN THE AMOUNT OF $150,000 FOR A THREE-YEAR TERM, STARTING JANUARY 6, 2025 AND ENDING JUNE 30, 2028
WHEREAS, 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, Nystrom Village has a high vacancy rate; and
WHEREAS, the vacant units at Nystrom village present a blight concern, and pose a risk to life and safety; and
WHEREAS, vacant units have been secured by Door and Window Guard Systems, INC.; and
WHEREAS, the cost and risk of removing the current steel coverings and re-securing the buildings would result in an unnecessary expense to the Richmond Housing Authority; and WHEREAS, the Richmond Housing Authority used a sole source justification to continue services with Door and Window Guard Systems, INC.; and

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to execute a contract with Door and Window Guard Systems, INC. for vacant property security in the amount of $150,000 for a three-year term, starting January 6, 2025 and ending June 30, 2028.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on April 1, 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

18 Reso. No. ____

Page 2 of 2 ends

[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 January 21, 2025. ____________________________________

CLERK OF THE HOUSING AUTHORITY
19 RICHMOND HOUSING AUTHORITY

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

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

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

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

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

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

Gregory Palomino (510) 621-1361 Door and Window Guard Systems, Inc. (DAWGS) 8770 W Bryn Mawr Ave, 1300 Chicago, IL, 6031 40063747 150,000 Vacant Property Security for Nystrom Village 15895 12/31/2024 04/01/2025 06/30/2028 20 Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

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

HOUSING AUTHORITY OF CONTRACTOR:

THE CITY OF RICHMOND
By ________________________________________ By__________________________________ Title Title
Date Signed ________________________________ Date Signed LIST OF ATTACHMENTS:

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

SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT

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

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

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

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

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

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

Attention: Accounts Payable, Finance
Department Project Manager:

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

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

Gabino Arredondo Gabino Arredondo
23 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. 24 GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.

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

Records.

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

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

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

5. Termination.

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

5.2 Failure to Perform.

5.2.1 The AUTHORITY upon written notice to CONTRACTOR, may immediately terminate this Contract should the CONTRACTOR fail to perform properly any of its obligations hereunder. In the event of such termination, the AUTHORITY may proceed with the work in any reasonable manner it chooses.
25 GENERAL CONDITIONS Page 3

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

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

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

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

5.3 Cessation of Funding. Notwithstanding Paragraph 5.1 above, in the event that Federal, State, or other non-AUTHORITY funding for this Contract ceases, this Contract may be terminated immediately by AUTHORITY upon written notice.

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

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

8. Modifications and Amendments.

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

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

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

10. Choice of Law and Jurisdiction.

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

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

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

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

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

14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the 27 GENERAL CONDITIONS Page 5
relationship of agent, servant, employee, partnership, joint venture or association.

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

16. Confidentiality.

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

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

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

16.2 CONTRACTOR agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.

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

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

18. Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and 28 GENERAL CONDITIONS Page 6
liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.

CONTRACTOR shall reimburse the AUTHORITY for any expenditures, including reasonable attorney's fees, incurred by the AUTHORITY in pursuit or defense of matters that are the subject of this indemnification. If requested by the AUTHORITY, the CONTRACTOR shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the CONTRACTOR.

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

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

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

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

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

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

25. Changes and Extra Work.

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

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

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

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

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

26. Survival.

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

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

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

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

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

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

28. Force Majeure.

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

29. Severability.

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications 31 GENERAL CONDITIONS Page 9
thereof, shall not be affected thereby.

30. Authorized Representatives and Notices.

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

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

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

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

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

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

Gregory Palomino 450 Civic Center Plaza 2nd Floor Richmond, CA 94804 (510) 621-1300 | [email protected] William Moredich Door and Window Guard Systems, Inc. 312-907-9190 | [email protected] 32 SPECIAL CONDITIONS

1. Contractor shall provide the services set forth in the document entitled “Scope of Work”, which are attached hereto and incorporated herein by this reference.

2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for NonConstruction Contracts Section II" (HUD-5370-C), "Certifications and Representations of Offerors" (HUD-5369-C), "Certification Regarding Debarment and Suspension" (HUD2992), and "Equal Employment Opportunity Certification" (HUD-9201 0) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.

3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements- Type 1: "Consultant and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority". 33 SCOPE OF WORK
Contractor shall, to the satisfaction of the Authority's Executive Director, perform the following services:

Secure the Nystrom Village housing development against unauthorized entry.

1. VPS will secure all accessible openings.

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

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

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

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

4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, affected terms, and shall modify the contract accordingly. or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a Section I - Page 1 of 6 form HUD-5370-C (01/2014)
35 (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the

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

5. Rights in Data (Ownership and Proprietary Interest)

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

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

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

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

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

8. Contract Termination; Debarment days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 form HUD-5370-C (01/2014)

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

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

14. Interest of Members, Officers, or Employees and Former organization, or other Indian organization with respect to Members, Officers, or Employees expenditures specifically permitted by other Federal law.

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

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

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

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

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

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

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

18. Contractor's Status
including apprenticeship.

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

19. Other Contractors
or national origin.

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

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

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

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

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

40 41
42

Page 1 of 2 ends

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

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

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

Instructions for Certification (A)

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

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

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

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

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

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

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

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

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

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

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

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

Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
43

Page 2 of 2 ends

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

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

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

Instructions for Certification (B)

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

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

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

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

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

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

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

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

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

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

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

Applicant Date
Signature of Authorized Certifying Official Title
44 45
46 47
48

Page 1 of 2 ends

April 1, 2025
Economic Development
Richmond Housing Authority
DATE: April 1, 2025
TO: Chair Martinez and Members of the Board of
Commissioners of the Richmond Housing Authority
(RHA)
FROM: Nannette Beacham, Director of Economic Development Antoinette Terrell, Executive Director of the Richmond
Housing Authority
Gregory Palomino, Administrative Assistant
Subject: On Call Contract with Net Electric for services at Nystrom Village
FINANCIAL IMPACT: The residential electric services contract with Net Electric will be funded through the U.S. Housing and Urban
Development annual allocation of Operating Subsidy and
rent from Public Housing residents. The payment limit for the contract shall not exceed $60,000 for a three-year
contract with the option to extend for an additional two years at $20,000 per year for a total amount of $100,000. (Fiscal Year (FY) 2024-25 44545191-400540 $4,000, FY
2026 44545191-400540 $20,000, FY 2027 $20,000, FY
2028 44545191-400540 $16,000).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Richmond Housing Authority (RHA) requires a
certified electrician for residential electric services to support unit turnover activities and to respond to work order requests to serve current residents at Nystrom
Village. The RHA began a Request for Proposals (RFP)
to find a qualified vendor. RHA is seeking authorization to contract with the vendor Net Electric.

AGENDA
REPORT
49

Page 2 of 2 ends

April 1, 2025
RECOMMENDED ACTION: ADOPT a resolution to approve a contract with Net Electric for on-call the residential electric services in the amount not to exceed $60,000 from April 1, 2025, to April 1, 2028, with the option to extend for up to two additional years at $20,000 per year for a total not to exceed
amount of $100,000 to support unit turnover activities
and work orders at Nystrom Village - Richmond Housing
Authority (Antoinette Terrell/Gregory Palomino 510-621- 1361).

DISCUSSION:

A Request for Proposals (RFP) was issued on January 6, 2025, and posted on the City’s Bids Online System to secure a qualified contractor for residential electric services for Nystrom Village (Attachment 1). One thousand, two hundred and eleven (1211) firms were notified, 17 firms downloaded the RFP and three firms responded to the RFP (Attachment 2). All three firms were reviewed by a panel consisting of staff from the Richmond Housing Authority.

In evaluating the qualifications, the panel evaluated the responses based on their expertise, competitive pricing, and ability to meet RHA’s operational needs and qualifications outlined in the rating matrix outlined in the RFP (Attachment 3). The selected vendor, Net Electric was chosen based on their experience, competitive pricing, and ability to meet the Richmond Housing Authority(RHA) including being able to respond to after-hours and emergency service requests.

Unit turnover and maintenance are critical components of ensuring safe and habitable housing for residents at Nystrom Village. The availability of a dedicated residential electrician through Net Electric will provide the RHA with the necessary expertise to complete electrical work efficiently, reducing delays in unit preparation and addressing maintenance requests in a timely manner.

The contract will be for the amount not to exceed $60,000 from April 1,2025 to April 1, 2028, with the option to extend for up to two additional years at $20,000 per year for a total not to exceed amount of $100,000 (Attachment 4 and 5).

DOCUMENTS ATTACHED:

Attachment 1 – General Electric RFP
Attachment 2 – Bid Summary125143
Attachment 3 – Electric Rating Matrix
Attachment 4 – Resolution
Attachment 5 – Net Electric Contract Residential Service 50 Reso. No. ____

Page 1 of 2 ends

DocID #38386v1
RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A

RESOLUTION APPROVING A RESIDENTIAL ELECTRIC SERVICES CONTRACT

FOR AS-NEEDED SERVICES WITH NET ELECTRIC IN AN AMOUNT NOT TO EXCEED $60,000 FROM APRIL 1, 2025 TO APRIL 1, 2028, WITH THE OPTION TO EXTEND FOR UP TO TWO ADDITIONAL YEARS AT $20,000 PER YER FOR A TOTAL NOT TO EXCEED AMOUNT OF $100,000 TO SUPPORT UNIT TURNOVER ACTIVITIES AND WORK ORDERS AT NYSTROM VILLAGE.

WHEREAS, 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, RHA has a need for a certified electrician to support daily maintenance and unit turnover activities at Public Housing site, Nystrom Village; and WHEREAS, in January 6, 2025, the RHA issued a Request for Proposals (RFP) for oncall Temporary Staffing Services through the City's PlanetBids system; and WHEREAS, 1211 firms were notified, and 17 firms downloaded the RFP; and WHEREAS, 3 firms responded to the RFP, and all were reviewed by a panel consisting of staff from the Richmond Housing Authority; and
WHEREAS, in evaluating the qualifications, the panel evaluated the responses based on their expertise, competitive pricing, and ability to meet RHA’s operational needs and qualifications outlined in the rating matrix outlined in the RFP; and WHEREAS, the selected contractor Net Electric has been chosen based on their qualifications; and
WHEREAS, the residential electric services contract would be for the amount not to exceed $60,000, over a three-year period with the option to extend for up to two additional years at $20,000 per year for a total not to exceed amount of $100,000.

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to execute a contract for residential electric services at Nystrom Village, for an amount not to exceed $60,000 from April 1, 2025 through April 1, 2028, with the option to extend for up to two additional years at $20,000 per year for a total not to exceed amount of $100,000 to support unit turnover activities and work orders at Nystrom Village.

Page 2 of 2 ends

DocID #38386v1
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 April 1, 2025. ____________________________________

CLERK OF THE HOUSING AUTHORITY
52

Page 1 of 11 ends

Request for Proposals (RFP)
General Residential
Electric Services
Contract
RFP Release Date:

January 6, 2025
Qualifications Due by:
4:30 PM on January 31, 2025
Submit Qualifications through:

City of Richmond Bids Online
RFP Contact:

Gregory Palomino
Admin. Assistant
[email protected]
53

Page 2 of 11 ends

Table of Contents
I. Introduction …………………………………………………………………………….………3
II. Scope of Services…………………………………………………………….…….…..…….4 III. Timeline ………………………………………………………………………….….…………5
IV. Contract Terms and Conditions …………………………………………….….…………5-6 V. Proposal Submittal Guidelines.………………………….…………….………...…………6-7 VI. Required Submission Package …………………………….…………………….……….7 VII. Evaluation and Selection Criteria ………………………….…………………….………8-9 VIII. Special Conditions ……………….………………………………………………….…….9-11 Attachments
Attachment A: Standard Contract (Sample)
Attachment B: Insurance Requirements – Type 1: Consultants and Contractors Attachment C: Richmond Sanctuary City Contracting Ordinance Attachment D: Sanctuary City Compliance Statement
Attachment E: HUD Forms 5369-B
Attachment F: HUD Forms 5369-C
54

Page 3 of 11 ends

Section I: Introduction
Purpose
The Richmond Housing Authority (RHA) is seeking qualified firms to provide general residential electric services on an as-needed basis. This Request for Proposals (RFP) outlines the terms and conditions under which the RHA will select a qualified vendor to fulfil this contract.

The City of Richmond
The City of Richmond was incorporated in 1905 after the Santa Fe Railroad established its western terminus at Point Richmond in 1899, with ferry service to San Francisco. The City grew significantly at the onset of World War II with the opening of the Kaiser Richmond Shipyards at Richmond’s South Shoreline in 1941 (its population quadrupled from 23,600 in 1940 to over 93,700 in 1943), as tens of thousands of new residents immigrated to the City to work in the shipyards, many of whom were Black. During the decades that followed, major developments such as Marina Bay, the Hilltop Shopping Center, the Knox Freeway, and Richmond Parkway shaped the economy and geography of Richmond. Residential development continued, and thousands of Asian and Pacific Islander and Latino persons immigrated to the community.

Today, Richmond is a diverse and growing maritime, industrial, and residential community, with a population of over 110,000. The City is located on a peninsula 16 miles northeast of San Francisco, directly across the San Francisco Bay, and has a total area of 56 square miles, of which 33.7 are land area and 22.3 are water area.

Richmond Housing Authority
The RHA is a municipal corporation that is federally funded and regulated primarily under the U.S. Housing Act of 1937 as amended (42 USC 1437 et seq.). Created as a state agency in 1941 under the State Housing Authorities Law (Health & Safety Code Section 34200 et seq.), the RHA is bound by federal, state, and local laws.

The RHA serves the Richmond community by providing affordable housing and support services to low-income families, individuals, and seniors. The RHA is committed to improving the quality of life for its residents and fostering strong, vibrant communities.

RFP Overview
This RFP describes the scope of work, contract terms, proposal submission requirements, and evaluation criteria for a general residential electric services contract. The anticipated term of this contract will be for a period of three (3) years for $60,000, with an option to extend the contract for an additional two (2) years at $20,000 per year for a total amount of $100,000. 55

Page 4 of 11 ends

Section II: Scope of Services
The main property site, owned and managed by RHA, is known as Nystrom Village. It comprises 51 wood-frame duplexes built in 1941, totaling 100 residential units. Spread over four (4) blocks and nine (9) acres, the site is located between Florida Avenue and Virginia Avenue (north to south), and South 13th Street and South 16th Street (east to west) in Richmond, CA 94804. The property has a mix of 1-, 2-, and 3-bedroom units.

The selected contractor will provide general residential electric services for the property consisting of:

General Electrical Maintenance and Repairs:
● Diagnosis and repair of electrical issues, including faulty wiring, outlets, and switches. ● Repair or replacement of damaged or outdated electrical components. ● Maintenance and servicing of electrical panels and circuit breakers. ● Troubleshooting and resolving issues with lighting systems, including interior and exterior fixtures.
● Emergency repair services available 24/7 to address urgent electrical problems.

Emergency Services:
● Rapid response to urgent electrical issues, such as power outages, exposed wiring, or equipment failures.
● Provision of temporary fixes to mitigate damage while permanent solutions are implemented.
● Potential availability for emergency services on weekends, holidays, and after hours.

Compliance and Reporting:
● Ensure all work meets or exceeds local building codes and industry standards. ● Maintain detailed records of all inspections, repairs, and installations. ● Provide written reports and recommendations following inspections and significant repairs.

Communication and Coordination:
● Provide a designated point of contact for service scheduling and emergency calls. ● Coordinate with property management and residents to minimize disruptions during service.
56

Page 5 of 11 ends

Section III: Timeline
The tentative time schedule for this contract is as follows:

1. Proposal deadline …………………………………...………... Friday, January 31, 2025

2. Proposal evaluations …………………………………………. Monday, February 2, 2025

3. Firm selection ………………………………………….………Thursday February 6, 2025

4. Contract joint approval by RHA and City Council …………. Tuesday, March 18, 2025 Section IV: Contract Terms and Conditions
Contract Term
The anticipated term of this contract will be for a period of three (3) years, with an option to extend the contract for an additional two (2) years upon mutual agreement of both parties.

Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived. The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived.

General Conditions of the Contract
Contractor and all subcontractors shall comply with Instructions to Offerors non-Construction (HUD Form 5369-B, Attachment E), Certifications and Representations of Offerors NonConstruction Contract (HUD Form 5369-C, Attachment F) and Table 5.1 of HUD Handbook No. 7460.8 REV 2 which are incorporated into the Contract Documents by this reference Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal (Attachment D). 57

Page 6 of 11 ends

Insurance Requirements
Contractor shall maintain in full force and effect during the entire contract term the Insurance Requirements as described in “City of Richmond - Insurance Requirements -” Type 1 - Consultants and Contractors (Attachment B).

Section V: Proposal Submission Guidelines
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals, and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

All proposals must be submitted by 4:30 PM on Friday January 31, 2025 Proposals should be well-organized and address all aspects of the RFP. Include information on your company profile and experience, relevant project examples, your proposed staffing plan, pricing structure, and references.

All questions and requests for clarification regarding the RFP must be submitted in writing by 10:00AM PST, on January 22, 2025, via the BidsOnline system under the Q&A tab. Staff will provide responses in writing to all questions and post them on the RFP website for reference by all interested vendors.

The COR and the RHA reserves the right to conduct interviews with shortlisted vendors.

Proposals become the property of the COR and the RHA and may be subject to public disclosure after the selection process is complete.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
58

Page 7 of 11 ends

Section VI: Required Submission Package
The submission package must also include the following:

1. Cover sheet referencing this RFP with the name of the firm, contact information, number of employees, and location of office(s).

2. Firm’s Experience: Demonstrate your firm’s experience in jobs similar in scope and complexity as described in this solicitation. Provide your firm’s capability and methodology of rendering the services outlined and summary of experience.

3. References: Provide references of customers, clients, or owners for whom you have delivered similar services. Please include statements or letters of recommendation from customers/clients describing job performance and service. Provide the point of contact, telephone number, email, title, and relation to you. RHA intends to contact these references to determine reliability, job performance, service, and other information.

4. Proposed Rates and Fees: A fee schedule for general electrical services, such as a rate sheet. Include additional charges for services and reimbursable expenses.

5. Completed Attachments: Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal (Attachment D) and Certification and Representation of Offerors (HUD Form 5369-C, Attachment H). 59

Page 8 of 11 ends

Section VII: Evaluation and Selection Criteria
The selection committee will evaluate, and rate proposals based on the following criteria:

All proposals will be reviewed to determine conformance with the RFP requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional, or contains irregularities may also be rejected.

COR or RHA Reserves the right to:
● Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.
● Exercise discretion and apply its judgment with respect to selection of any proposals submitted.
● Reject all proposals.

Depending on the content as determined by the selection committee, COR and RHA may conduct interviews of the top-ranking firms before final selections are made.

Evaluation Criteria Maximum Points

1. Qualifications
- Demonstrated capability to handle residential electric services and maintain systems effectively.
- Length of time in business and experience in similar
property management environments.
- Licenses, certifications, and compliance with local, state, and federal regulations.
35 2. Experience
- Past performance on comparable scopes of work.
- Experience with residential electrician work.
30 3. References
- Positive references from property management firms,
building owners or similar clients.
5 4. Cost Proposal
- Total cost for delivering services, including general rates and services emergency response rates.
- Detailed breakdown of costs by service type and materials - Transparency of any additional charges or reimbursable expenses.
30 Total Potential Points 100
60

Page 9 of 11 ends

The total points for both the interview and the written proposal combined shall be used to determine the top candidate(s). The selection committee may then consider references and responsibility before selecting the finalist. The selection committee shall select the Proposer that is evaluated to be most competitive, and whose response is deemed to be in the best interest of this requirement.

COR or RHA may negotiate elements of the contract as required to best meet the needs of COR or RHA, with the apparent successful Proposer. If, during contract negotiations and/or during the terms of the agreement, the Successful Proposer finds that the requirements can be met in a more advantageous way, the successful Proposer shall notify RHA in writing of such finding. RHA may include such changes in the Contract.

If COR or RHA determines, in the course of negotiations, that a satisfactory contract cannot be executed in a timely fashion, COR or RHA may reject the successful Proposer and either terminate the procurement process or initiate negotiations with other Proposers in the order of their relative ranking.

Section VIII: Special Conditions
Reservations
This RFP does not commit the City of Richmond or the Richmond Housing Authority to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. RHA may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against RHA.

Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submission to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Right to Cancel
COR or RHA reserves the right to cancel or revise, for any or no reason, in part or in its entirety, this RFP. If COR or RHA cancels the RFP prior to the deadline for proposals or revises the RFP, notification will be placed on the City of Richmond’s BidsOnline System www.ci.richmond.ca.us/bids.
61

Page 10 of 11 ends

Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

Additional Information
COR or RHA reserves the right to request additional information and/or clarification from any or all proposers to this RFP but is under no obligation to do so.

HUD Section 3 Clause

1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
62

Page 11 of 11 ends

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

6. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
63 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 1 of 133 ends

Printed 02/20/2025
PlanetBids
64 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 2 of 133 ends

Printed 02/20/2025
PlanetBids
65 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 3 of 133 ends

Printed 02/20/2025
PlanetBids
66 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 4 of 133 ends

Printed 02/20/2025
PlanetBids
67 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 5 of 133 ends

Printed 02/20/2025
PlanetBids
68 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 6 of 133 ends

Printed 02/20/2025
PlanetBids
69 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 7 of 133 ends

Printed 02/20/2025
PlanetBids
70 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 8 of 133 ends

Printed 02/20/2025
PlanetBids
71 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 9 of 133 ends

Printed 02/20/2025
PlanetBids
72 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 10 of 133 ends

Printed 02/20/2025
PlanetBids
73 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 11 of 133 ends

Printed 02/20/2025
PlanetBids
74 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 12 of 133 ends

Printed 02/20/2025
PlanetBids
75 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 13 of 133 ends

Printed 02/20/2025
PlanetBids
76 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 14 of 133 ends

Printed 02/20/2025
PlanetBids
77 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 15 of 133 ends

Printed 02/20/2025
PlanetBids
78 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 16 of 133 ends

Printed 02/20/2025
PlanetBids
79 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 17 of 133 ends

Printed 02/20/2025
PlanetBids
80 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 18 of 133 ends

Printed 02/20/2025
PlanetBids
81 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 19 of 133 ends

Printed 02/20/2025
PlanetBids
82 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 20 of 133 ends

Printed 02/20/2025
PlanetBids
83 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 21 of 133 ends

Printed 02/20/2025
PlanetBids
84 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 22 of 133 ends

Printed 02/20/2025
PlanetBids
85 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 23 of 133 ends

Printed 02/20/2025
PlanetBids
86 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 24 of 133 ends

Printed 02/20/2025
PlanetBids
87 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 25 of 133 ends

Printed 02/20/2025
PlanetBids
88 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 26 of 133 ends

Printed 02/20/2025
PlanetBids
89 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 27 of 133 ends

Printed 02/20/2025
PlanetBids
90 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 28 of 133 ends

Printed 02/20/2025
PlanetBids
91 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 29 of 133 ends

Printed 02/20/2025
PlanetBids
92 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 30 of 133 ends

Printed 02/20/2025
PlanetBids
93 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 31 of 133 ends

Printed 02/20/2025
PlanetBids
94 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 32 of 133 ends

Printed 02/20/2025
PlanetBids
95 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 33 of 133 ends

Printed 02/20/2025
PlanetBids
96 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 34 of 133 ends

Printed 02/20/2025
PlanetBids
97 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 35 of 133 ends

Printed 02/20/2025
PlanetBids
98 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 36 of 133 ends

Printed 02/20/2025
PlanetBids
99 City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 37 of 133 ends

Printed 02/20/2025
PlanetBids
100
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 38 of 133 ends

Printed 02/20/2025
PlanetBids
101
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 39 of 133 ends

Printed 02/20/2025
PlanetBids
102
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 40 of 133 ends

Printed 02/20/2025
PlanetBids
103
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 41 of 133 ends

Printed 02/20/2025
PlanetBids
104
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 42 of 133 ends

Printed 02/20/2025
PlanetBids
105
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 43 of 133 ends

Printed 02/20/2025
PlanetBids
106
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 44 of 133 ends

Printed 02/20/2025
PlanetBids
107
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 45 of 133 ends

Printed 02/20/2025
PlanetBids
108
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 46 of 133 ends

Printed 02/20/2025
PlanetBids
109
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 47 of 133 ends

Printed 02/20/2025
PlanetBids
110
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 48 of 133 ends

Printed 02/20/2025
PlanetBids
111
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 49 of 133 ends

Printed 02/20/2025
PlanetBids
112
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 50 of 133 ends

Printed 02/20/2025
PlanetBids
113
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 51 of 133 ends

Printed 02/20/2025
PlanetBids
114
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 52 of 133 ends

Printed 02/20/2025
PlanetBids
115
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 53 of 133 ends

Printed 02/20/2025
PlanetBids
116
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 54 of 133 ends

Printed 02/20/2025
PlanetBids
117
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 55 of 133 ends

Printed 02/20/2025
PlanetBids
118
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 56 of 133 ends

Printed 02/20/2025
PlanetBids
119
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 57 of 133 ends

Printed 02/20/2025
PlanetBids
120
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 58 of 133 ends

Printed 02/20/2025
PlanetBids
121
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 59 of 133 ends

Printed 02/20/2025
PlanetBids
122
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 60 of 133 ends

Printed 02/20/2025
PlanetBids
123
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 61 of 133 ends

Printed 02/20/2025
PlanetBids
124
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 62 of 133 ends

Printed 02/20/2025
PlanetBids
125
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 63 of 133 ends

Printed 02/20/2025
PlanetBids
126
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 64 of 133 ends

Printed 02/20/2025
PlanetBids
127
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 65 of 133 ends

Printed 02/20/2025
PlanetBids
128
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 66 of 133 ends

Printed 02/20/2025
PlanetBids
129
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 67 of 133 ends

Printed 02/20/2025
PlanetBids
130
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 68 of 133 ends

Printed 02/20/2025
PlanetBids
131
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 69 of 133 ends

Printed 02/20/2025
PlanetBids
132
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 70 of 133 ends

Printed 02/20/2025
PlanetBids
133
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 71 of 133 ends

Printed 02/20/2025
PlanetBids
134
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 72 of 133 ends

Printed 02/20/2025
PlanetBids
135
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 73 of 133 ends

Printed 02/20/2025
PlanetBids
136
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 74 of 133 ends

Printed 02/20/2025
PlanetBids
137
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 75 of 133 ends

Printed 02/20/2025
PlanetBids
138
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 76 of 133 ends

Printed 02/20/2025
PlanetBids
139
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 77 of 133 ends

Printed 02/20/2025
PlanetBids
140
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 78 of 133 ends

Printed 02/20/2025
PlanetBids
141
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 79 of 133 ends

Printed 02/20/2025
PlanetBids
142
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 80 of 133 ends

Printed 02/20/2025
PlanetBids
143
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 81 of 133 ends

Printed 02/20/2025
PlanetBids
144
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 82 of 133 ends

Printed 02/20/2025
PlanetBids
145
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 83 of 133 ends

Printed 02/20/2025
PlanetBids
146
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 84 of 133 ends

Printed 02/20/2025
PlanetBids
147
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 85 of 133 ends

Printed 02/20/2025
PlanetBids
148
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 86 of 133 ends

Printed 02/20/2025
PlanetBids
149
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 87 of 133 ends

Printed 02/20/2025
PlanetBids
150
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 88 of 133 ends

Printed 02/20/2025
PlanetBids
151
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 89 of 133 ends

Printed 02/20/2025
PlanetBids
152
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 90 of 133 ends

Printed 02/20/2025
PlanetBids
153
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 91 of 133 ends

Printed 02/20/2025
PlanetBids
154
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 92 of 133 ends

Printed 02/20/2025
PlanetBids
155
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 93 of 133 ends

Printed 02/20/2025
PlanetBids
156
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 94 of 133 ends

Printed 02/20/2025
PlanetBids
157
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 95 of 133 ends

Printed 02/20/2025
PlanetBids
158
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 96 of 133 ends

Printed 02/20/2025
PlanetBids
159
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 97 of 133 ends

Printed 02/20/2025
PlanetBids
160
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 98 of 133 ends

Printed 02/20/2025
PlanetBids
161
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 99 of 133 ends

Printed 02/20/2025
PlanetBids
162
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 100 of 133 ends

Printed 02/20/2025
PlanetBids
163
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 101 of 133 ends

Printed 02/20/2025
PlanetBids
164
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 102 of 133 ends

Printed 02/20/2025
PlanetBids
165
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 103 of 133 ends

Printed 02/20/2025
PlanetBids
166
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 104 of 133 ends

Printed 02/20/2025
PlanetBids
167
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 105 of 133 ends

Printed 02/20/2025
PlanetBids
168
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 106 of 133 ends

Printed 02/20/2025
PlanetBids
169
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 107 of 133 ends

Printed 02/20/2025
PlanetBids
170
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 108 of 133 ends

Printed 02/20/2025
PlanetBids
171
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 109 of 133 ends

Printed 02/20/2025
PlanetBids
172
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 110 of 133 ends

Printed 02/20/2025
PlanetBids
173
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 111 of 133 ends

Printed 02/20/2025
PlanetBids
174
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 112 of 133 ends

Printed 02/20/2025
PlanetBids
175
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 113 of 133 ends

Printed 02/20/2025
PlanetBids
176
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 114 of 133 ends

Printed 02/20/2025
PlanetBids
177
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 115 of 133 ends

Printed 02/20/2025
PlanetBids
178
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 116 of 133 ends

Printed 02/20/2025
PlanetBids
179
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 117 of 133 ends

Printed 02/20/2025
PlanetBids
180
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 118 of 133 ends

Printed 02/20/2025
PlanetBids
181
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 119 of 133 ends

Printed 02/20/2025
PlanetBids
182
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 120 of 133 ends

Printed 02/20/2025
PlanetBids
183
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 121 of 133 ends

Printed 02/20/2025
PlanetBids
184
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 122 of 133 ends

Printed 02/20/2025
PlanetBids
185
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 123 of 133 ends

Printed 02/20/2025
PlanetBids
186
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 124 of 133 ends

Printed 02/20/2025
PlanetBids
187
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 125 of 133 ends

Printed 02/20/2025
PlanetBids
188
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 126 of 133 ends

Printed 02/20/2025
PlanetBids
189
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 127 of 133 ends

Printed 02/20/2025
PlanetBids
190
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 128 of 133 ends

Printed 02/20/2025
PlanetBids
191
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 129 of 133 ends

Printed 02/20/2025
PlanetBids
192
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 130 of 133 ends

Printed 02/20/2025
PlanetBids
193
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 131 of 133 ends

Printed 02/20/2025
PlanetBids
194
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 132 of 133 ends

Printed 02/20/2025
PlanetBids
195
City of Richmond
General Residential Electric Services RFP, bidding on 01/31/2025 4:30 PM (PST)

Page 133 of 133 ends

Printed 02/20/2025
PlanetBids
196
Electric RFP Scoring Matrix
Company Scorer 1 Scorer 2 Scorer 3 Total Score Average Score Net Electric 90 65 85 225 80
NEMA
Construction
60 70 80 210 70
Baran Electric 55 45 75 175 58.3
Scoring Criteria
Qualifications and Responsiveness of the RFP
 Demonstrated capability to handle residential electric services and maintain systems effectively
 Length of time in business and experience in similar
property management environments
 Licenses, certifications, and compliance with local, state and federal regulations
Experience
 Past performance on comparable scopes of work
 Experience with residential electrician work
References
 Positive references from property management firms,
building owners, or similar clients.

Cost
 Total cost for delivering services, including general rates and services including emergency response rates
 Detailed breakdown of costs by service type and materials  Transparency of any additional charges or reimbursable expenses
197

RICHMOND HOUSING AUTHORITY

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

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

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

Gregory Palomino (510) 621-1361 Residential Electric Services for Nystrom Village Net Electric, Inc 5327 Jacuzzi St. Richmond, CA 94801 40009168April 1, 2025 April 1, 2028 60,0008041 12/31/2024 ✔ 198
Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

HOUSING AUTHORITY OF CONTRACTOR:

THE CITY OF RICHMOND
By ________________________________________ By__________________________________ Title Title
Date Signed ________________________________ Date Signed LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Insurance Provisions
General Conditions
Special Conditions
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
By _________________________________
Title________________________________
Date Signed__________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit corporation, this
Contract (1) must be signed by (a) the
Chairperson of the Board, President or Vice
President and (b) the Secretary, any Assistant
Secretary, the Chief Financial Officer or any
Assistant Treasurer and (2) should be
accompanied by completed notary
acknowledgment forms.)
[Complete the notary acknowledgments
which are attached hereto.]
199

SERVICE PLAN
See the Special Conditions page.
200

PAYMENT PROVISIONS
(PLEASE NOTE THAT THE HOUSING AUTHORITY OF THE CITY OF RICHMOND

SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT

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

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

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

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

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

Attention: Accounts Payable, Finance
Department Project Manager:

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

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

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

Gregory Palomino Gregory Palomino
201

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. 202

GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.

Records.

5. Termination.

5.2 Failure to Perform.

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

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

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

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

8. Modifications and Amendments.

10. Choice of Law and Jurisdiction.

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

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

14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the 205
GENERAL CONDITIONS Page 5
relationship of agent, servant, employee, partnership, joint venture or association.

16. Confidentiality.

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

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

18. Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and 206
GENERAL CONDITIONS Page 6
liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.

25. Changes and Extra Work.

26. Survival.

The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract, shall remain in full force and effect after termination or completion.
208
GENERAL CONDITIONS Page 8
Performance and Final Acceptance.

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

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

28. Force Majeure.

29. Severability.

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications 209
GENERAL CONDITIONS Page 9
thereof, shall not be affected thereby.

30. Authorized Representatives and Notices.

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

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

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

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

Gregory Palomino 450 Civic Center Plaza 2nd Floor Richmond, CA 94804 210

SPECIAL CONDITIONS

1. Contractor shall provide gutter replacement for Nystrom Village at the rates set forth the in the document entitled “Rate Schedule” which is attached hereto and incorporated herein by this reference.

2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for NonConstruction Contracts Section I" (HUD-5370-C Section I), “General Conditions for Non-Construction Contracts Section II” (HUD-5370-C Section II), “Certifications and Representations of Offerors” (HUD-5369-C), “Certification Regarding Debarment and Suspension” (HUD-2992), and “Equal Employment Opportunity Certification” (HUD92010) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.

3. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled “City of Richmond Sanctuary City Compliance Statement” which is attached hereto and incorporated herein by this reference.

4. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond — Insurance Requirements — Type 1: “Consultants and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority". 211
RATE SCHEDULE:

The rates are based on the PUBLIC WORKS rate schedule or prevailing wages.

Monday 8:00 am – 4:30 pm $210.00 per hour AŌer 4:30 – 1.5x / 6:30 – 2x hour Tuesday 8:00 am – 4:30 pm $210.00 per hour
Wednesday 8:00 am – 4:30 pm $210.00 per hour
Thursday 8:00 am – 4:30 pm $210.00 per hour
Friday 8:00 am – 4:30 pm $210.00 per hour
Saturday EMERGENCY $315.00 per hour First 8 hrs. / $420 aŌer 8 hrs.

Sunday EMERGENCY $420.00 per hour All day
Holidays EMERGENCY $420.00 per hour All day
Monday – Friday normal day 8 hour / 8-10 hours 1.5x rate / 10 hours 2x rate Saturday first 8 hours / aŌer 8 hours 2x rate
Sunday & Holidays rate remains
This is for service calls only / no special projects or related.

Materials are marked up as follows:
$1.00 - $500.00 35% MU
$501.00 - $1000.00 30% MU
$1001.00 and up 20% MU

P&O are included in this quote.
212
General Conditions for Non-Construction
Contracts
Section I – (With or without Maintenance Work)
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 1/01/2014)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

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

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

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

3. Termination for Convenience and Default
(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default).

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

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

Section I - Page 1 of 6 form HUD-5370-C (10/2006)
213
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the performance of this contract; or,
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.

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

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

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

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

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

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

12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 Form HUD-5370-C (10/2006) 214
product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA.
(c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

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

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

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

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

Section I - Page 3 of 6 Form HUD-5370-C (10/2006) 215
(1) Agency and legislative liaison by Own
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
any covered Federal action:
(1) Discussing with an agency
(including individual demonstrations) the qualities
and characteristics of the person's products or
services, conditions or terms of sale, and service
capabilities; and,
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
formal solicitation of any covered Federal action:
(1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
initiation of a covered Federal action;
(2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
subsequent amendments.
(e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
permitted under this clause.
(2) Professional and technical services.
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of-
(i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action.
(ii) Any reasonable payment to a person,
other than an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or
technical discipline.
(c) Requirements imposed by or pursuant to law
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
documents.
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
section are permitted under this clause.
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
sale, and service capabilities; and
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
or services for an agency's use.
(d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
payment prohibited by this clause.
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.

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

Section I - Page 4 of 6 Form HUD-5370-C (10/2006) 216

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

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

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

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

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

21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6 Form HUD-5370-C (10/2006) 217
apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

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

Section I - Page 6 of 6 Form HUD-5370-C (10/2006) 218
General Conditions for Non-Construction U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 11/30/2023)
Contracts
Section II – (With Maintenance Work)
Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions,s earching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
in the classification under this Contract from the first day on which work is performed in the classification.

2. Withholding of funds
1) Non-construction contracts (without maintenance) greater than $250,000 - use Section I;
2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.200) greater than $2,000 but not more than $250,000 - use Section II; and
3) Maintenance contracts (including nonroutine maintenance), greater than $250,000 – use Sections I and II.

The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000

1. Minimum Wages
(a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise
provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Housing and Urban Development which is attached
hereto and made a part hereof. Such laborers and
mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein; provided, that the
employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph
1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily

3. Records
(a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and
mechanic:
(i) Name, address and Social Security Number;
(ii) Correct work classification or classifications;
(iii) Hourly rate or rates of monetary wages paid;
(iv) Rate or rates of any fringe benefits provided;
(v) Number of daily and weekly hours worked;
(vi) Gross wages earned;
(vii) Any deductions made; and
(viii) Actual wages paid.
seen by the workers.
(b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for
inspection, copying, or transcription by authorized
representatives of HUD or the HA and shall permit such
representatives to interview employees during working
hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional
classification and wage rate only when the following criteria have been met:
(1) The work to be performed by the classification
required is not performed by a classification in the 4. Apprentices and Trainees wage determination; (2) The classification is utilized in the area by the
industry; and (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform
when they are employed pursuant to and individually
registered in:
(i)
(3) The proposed wage rate bears a reasonable
relationship to the wage rates contained in the
wage determination. A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration (ETA), Office of
(ii) The wage rate determined pursuant to this
paragraph shall be paid to all workers performing work
Section II - Page 1 of 3 form HUD-5370-C (1/2014)
219
Apprenticeship Training, Employer and Labor
Services (OATELS), or with a state apprenticeship
agency recognized by OATELS, or if a person is
employed in his/her first 90 days of probationary
employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been
certified by OATELS or a state apprenticeship
agency (where appropriate) to be eligible for
probationary employment as an apprentice; A
trainee program which has received prior approval,
evidenced by formal certification by the
(ii)
forth those findings that are in dispute and the
reasons, including any affirmative defenses, with
respect to the violations. The request shall be
directed to the appropriate HA or HUD official in
accordance with instructions contained in the
notice of findings or, if the notice does not specify
to whom a request should be made, to the
Regional Labor Relations Officer (HUD). The HA
or HUD official shall, within 60 days (unless
otherwise indicated in the notice of findings) after
receipt of a timely request for reconsideration,
issue a written decision on the findings of violation.

The written decision on reconsideration shall
contain instructions that any appeal of the decision
shall be addressed to the Regional Labor
Relations Officer by letter postmarked within 30
calendar days after the date of the decision. In the
event that the Regional Labor Relations Officer
was the deciding official on reconsideration, the
appeal shall be directed to the Director, Office of
Labor Relations (HUD). Any appeal must set forth
the aspects of the decision that are in dispute and
the reasons, including any affirmative defenses,
with respect to the violations. The Regional Labor
Relations Officer shall, within 60 days (unless
otherwise indicated in the decision on
reconsideration) after receipt of a timely appeal,
issue a written decision on the findings. A decision
of the Regional Labor Relations Officer may be
appealed to the Director, Office of Labor Relations,
by letter postmarked within 30 days of the
Regional Labor Relations Officer’s decision. Any
appeal to the Director must set forth the aspects of
the prior decision(s) that are in dispute and the
reasons. The decision of the Director, Office of
Labor Relations, shall be
(ii)
U.S. Department of Labor, ETA; or
(iii) A training/trainee program that has received prior approval by HUD.
(b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the
provisions of the registered or approved program. If the program does not specify fringe benefits,
apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable (iii) classification.
(c) The allowable ratio of apprentices or trainees to
journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program.
(d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any
apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. final.
(e) In the event OATELS, a state apprenticeship agency (b) Disputes arising out of the labor standards provisions of recognized by OATELS or ETA, or HUD, withdraws
approval of an apprenticeship or trainee program, the
employer will no longer be permitted to utilize
apprentices/trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in
accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes
between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the

5. Disputes concerning labor standards employees or their representatives. (a) Disputes arising out of the labor standards provisions 6. Contract Work Hours and Safety Standards Act contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its
subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon
referral of the HA, or upon request of the Contractor or The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” includes watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor subcontractor(s).
contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of
(i) A Contractor and/or subcontractor or other
interested party desiring reconsideration of
findings of violation by the HA or HUD relating to
the payment of straight-time prevailing wages or
classification of work shall request such
reconsideration by letter postmarked within 30
calendar days of the date of notice of findings
issued by the HA or HUD. The request shall set
40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any
Section II - Page 2 of 3 form HUD-5370-C (1/2014)
220
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in
paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.

HUD or its designee shall upon its own action or upon
written request of an authorized representative of the U.S.

Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed
by the Contractor or subcontractor under any such
Contract or any federal contract with the same prime
Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the
provisions set forth in paragraph (b) of this clause.

7. Subcontracts
The Contractor or subcontractor shall insert in any
subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

8. Non-Federal Prevailing Wage Rates
Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position
employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.

Section II - Page 3 of 3 form HUD-5370-C (1/2014)
221
form HUD-5369-C (8/93)
ref. Handbook 7460.8 Previous edition is obsolete page 1 of 2

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

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

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

3. Certificate of Independent Price Determination
(a) The bidder/offeror certifies that—
(1) The prices in this bid/offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered;
(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or
indirectly, to any other bidder/offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition. (b) Each signature on the bid/offer is considered to be a certification by the signatory that the signatory:
(1) Is the person in the bidder/offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any
action contrary to subparagraphs (a)(l) through (a)(3)
above (insert full name of person(s) in the bidder/offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder/offeror’s organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Certifications and
Representations
of Offerors
Non-Construction Contract
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

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

The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 222
form HUD-5369-C (8/93)
ref. Handbook 7460.8 Previous edition is obsolete page 2 of 2 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.
(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

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

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

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

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

Signature & Date:

Typed or Printed Name:

Title:
223

Page 1 of 2 ends

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

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

Instructions for Certification (A)

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

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

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

Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
224

Page 2 of 2 ends

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

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

Instructions for Certification (B)

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

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

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

Applicant Date
Signature of Authorized Certifying Official Title
225
form HUD-92010 (3/2006)
VA form 26-421
U.S. Department of Housing
and Urban Development
Office of Housing OMB Control No. 2502-0029
Federal Housing Commissioner (exp. 9/30/2016)
Equal Employment
Opportunity Certification
Excerpt From 41 CFR §60-1.4(b)
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed Firm Name and Address By
Title
Department of Veterans Affairs
226
form HUD-92010 (3/06)
VA form 26-421
upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Excerpt from HUD Regulations
200.410Definition of term “applicant”.
(a) In multifamily housing transactions where controls over the mortgagor are exercised by the Commissioner either through the ownership of corporate stock or under the provisions of a regulatory agreement, the term “applicant” as used in this subpart shall mean the mortgagor.
(b) In transactions other than those specified in paragraph(a) of this section, the term “applicant” as used in this subpart shall mean the builder, dealer or contractor performing the construction, repair or rehabilitation work for the mortgagor or other borrower.
200.420Equal Opportunity Clause to be included in contracts and subcontracts.
(a) The following equal opportunity clause shall be included in each contract and subcontract which is not exempt:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensured that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of the nondiscrimination clause.
(2)The contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notices in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 10925 of March 6 1961, as amended, and of the regulations, and relevant orders of the President’s Committee on Equal Employment Opportunity created thereby. (5) The contractor will furnish all information and reports required by Executive Order 10925 of March 6, 1961, as
amended, and by the regulations, and orders of the said Committee , or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Committee for purposes of investigation to ascertain compliance with such regulations, and orders.
(6) In the event of the contractor’s non-compliance with the nondiscrimination clause of this contract or with any of the said regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 10925 of March 6, 1961, as amende, and such other sanctions may be imposed and remedies invoke s provided in the said Executive Order or by regulations, or order of the President’s Committee on Equal Employment Opportunity, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs(1) through (7) in every subcontract or purchase order unless exempted by regulations, or orders of the President’s Committee on Equal Employment Opportunity issued pursuant to Section 303 of Executive Order 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase orders as HUD may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vender as a result of such direction by HUD, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
(b) Except in subcontracts for the performance of construction work at the site of construction, the clause is not required to be inserted in subcontracts below the second tier. Subcontracts may incorporate by referenced to the equal opportunity clause. 200.425Modification in and exemptions from the regulations in this subpart.
(a) The following transactions and contracts are exempt from the regulations in this subpart:
(1) Loans, mortgages, contracts and subcontracts not exceeding $10,000. (2) Contract and subcontracts not exceeding $100,000 for standard commercial supplies or raw material;
(3)Contracts and subcontracts under which work is to be or has been performed outside the United States and where no recruitment of workers within the United States in involved. To the extent that work pursuant to such contracts is done within the Untied States, the equal opportunity clause shall be applicable; (4) Contracts for the sale of Government property where no appreciable amount of work is involved; and
(5) Contracts and subcontracts for an indefinite quantity which are not to extend for ore than one year if the purchaser determines that the amounts to be ordered under any such contract or subcontract are not reasonably expected to exceed $100,000 in the case of contracts or subcontracts for standard commercial supplies and raw materials, or $10,000 in the case of all other contracts and subcontracts.
227

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)
228
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

3. Original and Separate Additional Insured Endorsements 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) 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.
229
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

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 but not limited to 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. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 230
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
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 and Builder’s Risk/ Course of Construction coverage 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
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 coverages and cover those insured in the underlying policies.

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 nonrenewed, 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.
231
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
232
cc03Dec2024 – ud/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, December 3, 2024
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:41 p.m.

G. PLEDGE OF ALLEGIANCE
Vice Chairperson Claudia Jimenez led the Pledge Allegiance to the Flag.

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Economic Development Director Nannette Beacham introduced new Richmond Housing Authority Director Antoinette Terrell who presented an update about a visit from representatives from HUD Regional Office 9 regarding the Richmond Village Technical Assistance site regarding vacancy reporting challenges.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler encouraged the commissioners to approve the consent calendar.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Commissioner Gayle McLaughlin
Ayes (6) Commissioners Bana, McLaughlin, Robinson, Willis, Zepeda, and Vice Chairperson Jimenez
Absent (2) Chairperson Martinez and Tenant Commissioner Scott M.1 On-Call for As-Needed Temporary Staffing Services Contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for Unit Turnovers and Work Orders
ADOPT a resolution authorizing on-call temporary staffing maintenance services contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for as-needed services, in an amount not to exceed $900,000, per firm from December 1, 2024, to June 30, 2027, with two additional one-year extension 233
cc03Dec2024 – ud/prc

Page 2 of 2 ends

options to support unit turnover activities and work orders at Nystrom Village – Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621- 1361).

Adopted Resolution No. 2202.

M.2 Exempt Surplus Land Designation for the Nevin Plaza II Senior Affordable Housing Project
ADOPT a resolution determining and declaring land owned by the Richmond Housing Authority to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(F). The land (APN 515-261-014-2) will be ground leased for development of the Nevin Plaza Phase II affordable senior housing project – Richmond Housing Authority (Antoinette Terrell 510-620-6784/Nannette Beacham 621-1306).

Adopted Resolution No. 2203.

N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:49 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
234
cc17Dec2024 – ud/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, December 17, 2024
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ K. HOUSING AUTHORITY CONSENT CALENDAR
K.1 Nevin Plaza II Lease Disposition and Development Agreement (LDDA) ADOPT a resolution authorizing the Executive Director to enter into a Lease Disposition and Development Agreement (LDDA) and to negotiate and execute any and all related documents and agreements, including the Ground Lease and Regulatory Agreement between the Richmond Housing Authority and EAH Housing for the development of the Nevin Plaza II affordable housing project (APN 515-261-014-2) - Richmond Housing Authority (Antoinette Terrell 510- 620-6784/Nannette Beacham 510-621-1306).

Adopted Resolution No. 2204.

Motion by Commissioner Doria Robinson
Seconded by Vice Chairperson Claudia Jimenez
Ayes (7): Commissioners Bana, McLaughlin, Robinson, Zepeda, Vice Chairperson Jimenez, Chairperson Martinez, and Tenant Commissioner Jaycine Scott
Absent (1): Commissioner Melvin Willis
Passed
L. HOUSING AUTHORITY NEW BUSINESS
L.1 Nystrom Village Request for Qualifications (RFQ) Presentations, Potential Selection and Exclusive Rights to Negotiate Agreement (ERNA) RECEIVE a presentation from the top two respondents for the redevelopment of Nystrom Village Request for Qualifications (RFQ); PROVIDE DIRECTION to staff, which may include the identification of a preferred developer; and if a preferred developer is identified, and ADOPT a resolution authorizing the Executive Director of the Richmond Housing Authority (RHA) to negotiate and execute an Exclusive Right to Negotiate Agreement (ERNA) with the selected affordable housing developer with a term not to exceed ninety (90) days with an option for one mutually approved extension of not more than thirty days – Richmond Housing Authority (Antoinette Terrell 510-620-6784/Nannette Beacham 621-1306).

Dixie Baus, Director of Real Estate Development and Joanna Grifith from CHDC and Eden Housing gave the presentation.

Link to view: Presentation from EDEN Housing
Kevin Kellog, Nikki Beasley Iman Nevin, and Stefan Pellegrini gave the presentation for Gorman and Novin.
235
cc17Dec2024 – ud/prc

Page 2 of 2 ends

Presentation from Gorman and Novin
Discussion ensued.

The City Council requested the following was included in the project: more electric and green buildings; housing for the homeless; and details of the criteria for scoring the developers.

A motion was made to select Gorman & Novin as the developer for the redevelopment of Nystrom Village.

Adopted Resolution No. 2205.

Motion by Commissioner Robinson
Seconded by Vice Chairperson Jimenez
Ayes (7): Commissioners Bana, McLaughlin, Robinson, Zepeda, Vice Chairperson Jimenez, Chairperson Martinez, and Tenant Commissioner Jaycine Scott
Absent (1): Commissioner Willis
Passed
N. ADJOURNMENT
There being no further business, the meeting adjourned at 8:09 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
236
cc21Jan2025 – ud/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, January 21, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:32 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Cesar Zepeda, and Chairperson Eduardo Martinez. Absent: Commissioner Soheila Bana arrived after the roll was called. Housing Tenant Commissioner Jaycine Scott was absent the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Executive Director, Antoinette Terrell presented a PowerPoint, which highlighted the following: RHA Requests for Proposals; Nystrom Village update; and Nevin Plaza I and II update.

Commissioners stated that there should be an increase in city subsidies so units could be repaired faster, and that staff provide a report at the next meeting regarding the length of time needed to renovate all of the units so that they are available as soon as possible to receive the low-income housing vouchers.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY PUBLIC COMMENT
None.

M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 As Needed Legal Services Contract with Edringtion, Schrimer, and Murphy LLP.

ADOPT a resolution authorizing a legal services contract with Edrington, Shirmer & Murphy LLP for as needed lease enforcement and unlawful detainer services in the amount of $400,000 for a three-year term, starting January 21, 2025, and ending January 21, 2028, with an option to extend for two additional one-year terms at $100,000 per year for a total amount not to exceed $600,000 - Richmond Housing Authority (Antoinette Terrell 510-620-6784/Gregory Palomino (510- 621-1361).

Motion by Commissioner Cesar Zepeda
Seconded by Chairperson Eduardo Martinez
237
cc21Jan2025 – ud/prc

Page 2 of 2 ends

Ayes (7): Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Cesar Zepeda, and Chairperson Eduardo Martinez.

Absent (1): Housing Tenant Commissioner Jaycine Scott.

Passed
Adopted Resolution No. 2206.

N. ADJOURNMENT
The meeting adjourned at 6:53 p.m.

N. ADJOURNMENT
There being no further business, the meeting adjourned at 8:09 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
238

Page 1 of 2 ends

April 1, 2025
Human Resources
DATE: April 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager Internal Services
Sharrone Taylor, Director of Human Resources
Subject: Legal Services Agreement with Boucher Law PC
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. (Human Resources Legal Services 01181016-
400206 and Risk Management Legal Service – NonGeneral Fund 50182316-400206).

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The City Council’s approval is needed to approve a legal services agreement to pay invoices for services rendered by employment attorneys that conducted confidential
personnel investigations and for ongoing services
through December 2025.

AGENDA
REPORT
239

Page 2 of 2 ends

April 1, 2025
RECOMMENDED ACTION: APPROVE a legal services agreement with Boucher Law P.C. for a term of November 1, 2021, through December
31, 2025, for a total amount not to exceed amount of
$125,000, for confidential personnel investigation matters – City Attorney’s Office/Human Resources Department
(Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone
Taylor 510-620-6600)
DISCUSSION:

The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.

Additionally, the City investigates other workplace issues, including employee complaints, when necessary. When an external personnel investigation is required, the City enlists the services of specialized firms which have highly skilled employment law attorneys to conduct personnel investigations, such as Boucher Law PC.

The City Attorney’s Office and Human Resources Department are requesting a legal services agreement with Boucher Law PC (Boucher). Boucher has experienced workplace investigators, and conducts investigations related to workplace misconduct, sexual harassment, discrimination, retaliation, theft, fraud, favoritism, misconduct, and abusive conduct. Boucher has previously conducted investigations for the City.

To date, the Human Resources Department has outstanding invoices for approximately $101,000, which will pay for legal services through 2024.

The City Attorney's Office and the Human Resources Department are requesting approval of a legal services agreement with Boucher for a term of November 1, 2021, through December 31, 2025, for a total amount not to exceed $125,000. This will allow the City to pay outstanding invoices for services rendered by Boucher Law and for ongoing services through December 2025.

City staff recommends approval of the legal services agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Legal Services Agreement
240
1 DocID #38581v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

BOUCHER LAW, PC

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 1st of November, 2021 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and BOUCHER LAW, PC, comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located 2081 Center Street, Berkeley, CA 94704. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement. 241
2 DocID #38581v1

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on DECEMBER 31, 2025, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than CHRISTOPHER BOUCHER. It is agreed by and between the Parties that should it be desirable for any attorney other than CHRISTOPHER BOUCHER to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

It is agreed by and between the Parties that the City Attorney or their designee shall approve the Special Counsel assigned attorney(s) prior to the commencement of an assigned investigation.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost-effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney. 242
3 DocID #38581v1

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected] and [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget).

9. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

10. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

11. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 243
4 DocID #38581v1
B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

12. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

13. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

14. NON-DISCRIMINATION.

A. Special Counsel agrees to observe 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 with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
244
5 DocID #38581v1

15. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

16. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit D, attached to this Agreement and incorporated by this reference.

17. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.
245
6 DocID #38581v1

18. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

19. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

20. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected] and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

21. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

22. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

23. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
246
7 DocID #38581v1

24. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit E along with the bid or proposal prior to execution of the contract.
247
8 DocID #38581v1
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

FIRM
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
248
Exhibit A
9 DocID #38581v1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel conduct confidential personnel investigations.

Special Counsel’s points of contact in the City of Richmond City Attorney’s office are:

Shannon L. Moore, Chief Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $325/hour
PARALEGAL(S) $225/hour

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000) for attorneys’ fees and reimbursements.
249
Exhibit B
10 DocID #38581v1

BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 250
Exhibit B
11 DocID #38581v1
II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
251
Exhibit B
12 DocID #38581v1
j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
252
Exhibit B
13 DocID #38581v1
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 253
Exhibit C
14 DocID #38581v1

PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 254
Exhibit E
15 DocID #38581v1

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "SanctuaryCity Contracting Ordinance" or “SCCO”). Contractor understands and agreesthat the City may choose with whom it will maintain businessrelations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting servicesto 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'sfailure 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 certifiesthat it complieswith the requirements ofthe 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 underthe laws ofthe State ofCalifornia that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
255
Exhibit D
16 DocID #38581v1
City of Richmond - Insurance Requirements - Type 2:

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

CONTRACTOR 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.
256
Exhibit D
17 DocID #38581v1
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.
257
Exhibit D
18 DocID #38581v1
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

Contractor is responsible for 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. 258
Exhibit D
19 DocID #38581v1
City of Richmond - Insurance Requirements - Type 2:

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

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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.

Page 1 of 2 ends

Richmond City CouncilApril 1, 2025

Richmond City Council
April 1, 2025