PLEASE NOTE: HYBRID MEETING FORMAT
- REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, May 6, 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, 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
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Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.
B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Antoinette Terrell, Susan Bloch
Negotiating Parties: Gorman & Company and Novin Development/ Eden Housing, Inc. and Community Housing Development
Under negotiation: Price and terms of payment
•
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
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One Case
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 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. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM (public comment on items that remain on the Housing Authority Consent Calendar or items that are not on the agenda, but regarding Richmond Housing Authority issues only)
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Contract with Bureau Veritas North America, Inc. for Nystrom Village Physical Needs Assessment
12 ADOPT a resolution approving a contract with Bureau Veritas North America, Inc., in an amount not to exceed $10,430, with a term beginning, April 15, 2025, and ending June 30, 2026, for the physical needs assessment of Nystrom Village - Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621-1361).
M.2 Meeting Minutes 171
APPROVE the minutes of the April 1 and 15, 2025, special Housing Authority meetings - City Clerk's Office (Pamela Christian 510-620-6513).
N. HOUSING AUTHORITY PUBLIC HEARINGS
N.1 Richmond Housing Authority (RHA) 2025 Annual Plan 175 HOLD a public hearing to ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual Plan and AUTHORIZE submission of the proposed 2025 Annual Plan to the U.S. Department of Housing and Urban Development (HUD) – Richmond Housing Authority (Antoinette Terrell 510- 620-6784).
O. ADJOURNMENT
_______________________________________________________ 6 P. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
5:00 p.m.
Q. ROLL CALL
R. STATEMENT OF CONFLICT OF INTEREST
S. AGENDA REVIEW
T. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
U. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U.1 NEW EMPLOYEE REPORT - 1st Tuesday
V. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
W. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
W.1 City Clerk's Office
W.1.a Meeting Minutes 189
APPROVE the minutes of the March 25, April 1,15, and 22, 2025, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
W.2 Community Development
W.2.a Contract with 4LEAF, Inc. For As-Needed Code Enforcement Services
233
APPROVE a contract with 4LEAF, Inc. for as-needed code
enforcement services, for a total contract amount not to exceed $550,000, for a term beginning April 22, 2025, through January 30, 2027 – Community Development Department/Public Works
Department (Lina Velasco/ Eva Mann 510-621-1283).
7 W.3 Finance Department
W.3.a Update on the Sanctuary City Contracting and Investment Policy Ordinance
383
RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance; and ADOPT a resolution waiving requirements of Ordinance No. 12-18 as applied to Motorola Solutions, as no reasonable alternative exists – Finance Department (Andrea Miller/ Mubeen Qader/ Ofelia Alvarez 510-620-6699).
W.3.b Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of March 2025 395
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of March 2025 – Finance Department (Andrea Miller 510-620- 6740).
W.3.c Fiscal Year 2024-25 Quarter 3 Budget Report 416
RECEIVE the Fiscal Year 2024-25 Quarter 3 budget report for the period of July 1, 2024, through March 31, 2025 – Finance Department (Shasa Curl 510-620-6512/Andrea Miller 510-620-6790/ Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).
W.4 Human Resources
W.4.a Amend the Salary Schedule 484
ADOPT a resolution amending the salary schedule to add the salary range for Paratransit Coordinator and Vocational Building Construction Instructor – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
W.5 Library and Community Services
W.5.a Contract Amendment with NOMAD Transit (dba Via, LLC) to Expand Richmond Moves Shuttle Service City-Wide
489
ACCEPT and APPROPRIATE a grant from Clean Mobility Options (CMO) in the amount of $300,000 to expand Richmond Moves shuttle program city-wide, and APPROVE a first contract amendment with Nomad Transit, LLC (Via) for expanded city-wide shuttle service through Richmond Moves to add $300,000 to the contract for a total contract limit not to exceed $6,535,000, maintaining the existing term of July 7, 2027 – Community Services Department (LaShonda White 510-620-6828).
8 W.5.b Third amended contract between the City of Richmond and Trans Metro Inc. for on-call paratransit services
608
APPROVE the third amended contract with Trans Metro Inc., to support paratransit van services for seniors and individuals with disabilities residing in Richmond and in municipalities in West County, in an amount not to exceed $250,000, for a total contract amount not to exceed $650,000, and extend the contract term through June 30, 2026 - Community Services Department (LaShonda White 510-620-6828).
W.5.c Contract with OverDrive, Inc. with Libby Application for eBooks 685 APPROVE a sole-source contract with OverDrive, Inc., in an amount not to exceed $450,000, for a three-year term beginning January 10, 2025, and ending January 9, 2028, to provide Library patrons free access to the Libby application for digital e-books and magazines - Community Services Department (Kate Eppler 510-620-
5452/Christopher Larsen 510-620-5524).
W.6 Mayor's Office
W.6.a Proclamation Honoring the 17th Annual Cinco de Mayo Festival 711 PROCLAMATION honoring the 17th Annual Cinco de Mayo Festival - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
W.6.b Mayor’s Appointment of Ad Hoc Committee for Review CPRC Report with Recommendations to the City Council
713
APPOINT an Ad Hoc Committee comprised of Mayor Eduardo
Martinez, Councilmember Sue Wilson, Councilmember Claudia Jimenez, the City Attorney, the Police Chief, and a representative of the Community Police Review Commission (CPRC) to review and discuss recommendations before presentation to the City Council - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
W.6.c Reappointment of Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission
715
REAPPOINT Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission with a term that expires March 30, 2028 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).
W.6.d Reappointment of Whitney Tipton to the Richmond Rent Board 717 REAPPOINT Whitney Tipton to the Richmond Rent Board with a term that expires on March 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
9 W.6.e Reappointment of O’Neill Fernandez to the Human Rights and Human Relations Commission
720
REAPPOINT O’Neill Fernandez to the Human Rights and Human Relations Commission, with a term ending March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.6.f Reappointment of Connie He to the Richmond-Shimada Friendship Commission
722
APPOINT Connie He to the Richmond-Shimada Friendship
Commission, term expires December 31, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.6.g Appointment of Kate Baker to the Richmond Library Commission 724 APPOINT Kate Baker to the Richmond Library Commission, term expires July 1, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
W.6.h Appointment of Liz Bittner to the Urban Forest Advisory Committee 726 APPOINT Liz Bittner to the Urban Forest Advisory Commission, term expires November 17, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7 Police Department
W.7.a Purchase of a Chrysler Pacifica Plug-In Hybrid 728 APPROVE the purchase of one new 2023 Chrysler Pacifica plug-in van from Hilltop Chrysler Jeep Dodge Ram in an amount not to exceed $60,000 to support the Crime Prevention Unit – Police Department (Chief Bisa French 510-621-1802).
W.8 Rent Program 736
W.8.a Rent Program Annual Report for Fiscal Years 2021-22, 2022-23, and 2023-24
740
RECEIVE the Rent Program Annual Report for Fiscal Years 2021-22, 22-23, and 23-24 - Rent Program (Nicholas Traylor 510-234-7368).
X. BUDGET SESSION
X.1 Acknowledge Receipt of the Draft Fiscal Year (FY) 2025-26 Operating, and FY 2025-30 Five-Year Capital Improvement Plan Budgets
742
ACKNOWLEDGE receipt of the draft Fiscal Year 2025-26 Annual Operating Budget and Fiscal Year 2025-30 Five-Year Capital Improvement Plan – City Manager’s Office/Finance Department (Shasa Curl/Andrea Miller/Mubeen Qader 510-412-2077).
10 Y. NEW BUSINESS
Y.1 Design and implementation of a Ciclovia project 808 DIRECT staff to work on the design and implementation of the Ciclovia project and come back to the council in early May with the proposed design, budget, and implementation plan to launch the first Ciclovia during the Summer of 2025 – Councilmember Claudia Jimenez (510-620-6565). This item was continued from the April 22, 2025, and April 29, 2025, meetings.
Y.2 Initial Findings of Point Potrero Marine Terminal Facilities Assessment 826 RECEIVE a presentation from the Port of Richmond staff and Moffatt & Nichol regarding the initial findings of the facilities assessment at Point Potrero Marine Terminal – Economic Development Department (Charles Gerard 510-620- 6792).
Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) AA. ADJOURNMENT
________________________
11
May 6, 2025
Richmond Housing Authority (RHA)
Economic Development
DATE: May 6, 2025
TO: Chair Martinez and Members of the Board of
Commissioners of the RHA
FROM: Nannette Beacham, Director of Economic Development Antoinette Terrell, RHA Executive Director
Gregory Palomino, Administrative Assistant
Subject: Contract with Bureau Veritas North America, Inc. for Nystrom Village Physical Needs Assessment
FINANCIAL IMPACT: The proposed expenditure of $10,430, for a physical needs assessment contract of Nystrom Village will be
funded through the U.S. Housing and Urban
Development (HUD) annual allocation of Operating
Subsidy, Capital Needs Improvement Grant, and rent
from Public Housing residents during Fiscal Year (FY)
2024-25 and FY 2025-26 (Account String: 42141191-
400212).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The Richmond Housing Authority (RHA) requires a
physical needs assessment of Nystrom Village to
evaluate the current condition of the property, identify repair and maintenance needs, and plan future
improvements. This assessment will also guide funding
strategies and planning to ensure the safety of the
housing units.
AGENDA
REPORT
12
May 6, 2025
RECOMMENDED ACTION: ADOPT a resolution approving a contract with Bureau Veritas North America, Inc., in an amount not to exceed $10,430, with a term beginning, April 15, 2025, and
ending June 30, 2026, for the physical needs
assessment of Nystrom Village - Richmond Housing
Authority (Antoinette Terrell/Gregory Palomino 510-621- 1361).
DISCUSSION:
On February 7, 2025, the Richmond Housing Authority (RHA) issued a Request for Proposals (RFP) for a physical needs assessment (PNA) (Attachment 1). A total of 965 vendors were notified of the opportunity, and 15 vendors downloaded the RFP documents (Attachment 2). Ultimately, RHA received one (1) bid, which staff reviewed and deemed reasonable and seeks City Council approval for a contract with Bureau Veritas North America, Inc. (Attachment 3).
Nystrom Village is an important affordable housing community that provides essential housing opportunities for residents. Given the property's age and ongoing maintenance needs, conducting a PNA is necessary to evaluate its overall condition and determine current required maintenance needs and future capital improvements.
The assessment will include a comprehensive inspection of the buildings and systems, identifying deficiencies and estimating the costs for necessary repairs and upgrades.
The findings from the PNA will assist RHA staff in proactively identifying and mitigating maintenance concerns before they become issues ensuring that Nystrom Village remains a safe, habitable, and well-functioning housing community.
Additionally, the assessment will provide a roadmap for future repairs and capital investments, enabling RHA to prioritize funding and allocate resources effectively.
City staff recommend adopting a resolution approving a contract with Bureau Veritas North America, Inc. to conduct a PNA to provide a basis of evidence and data for decision making for the property (Attachment 4).
DOCUMENTS ATTACHED:
Attachment 1 - Nystrom Physical Needs Assessment RFP
Attachment 2 - Bids Online Summary Report
Attachment 3 - Draft Contract
Attachment 4 - Resolution PNA
13
Request for Proposals (RFP)
Physical Needs
Assessment for
Richmond Housing
Authority, Nystrom
Village Property
RFP Release Date:
February 6, 2025
Qualifications Due by:
4:30 PM on March 7, 2025
Submit Qualifications through:
City of Richmond Bids Online
RFP Contact:
Gregory Palomino
Admin. Assistant
[email protected]
14
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 2: Professional Services 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
Attachment G: Resolution 86-21
Attachment H: Disclosure Statement for Limited Liability Companies 15
Section I: Introduction
Purpose
The Richmond Housing Authority (RHA) is to solicit qualified firms to perform a Physical Needs Assessment (PNA) for the RHA of the Nystrom Village Property.
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 PNA contract.
16
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 objective is to evaluate the condition of the property’s structures, systems, and components, identify immediate and long-term repair needs, and develop a comprehensive capital improvement plan to ensure the property’s longevity, functionality, and compliance with applicable codes and standards.
Scope of Work
1. Initial Planning and Documentation Review
Conduct a kickoff meeting with the property management team to clarify objectives, gather information, and confirm timelines.
2. Property Inspection
The consultant will conduct a thorough visual inspection of all 51 buildings and associated site elements:
• Building Exteriors:
o Roof systems, gutters, downspouts, and chimneys.
o Exterior walls, siding, windows, and doors.
o Foundations and structural elements.
• Residential Units (Sample-Based):
o Inspect a representative sample of units (minimum 10% or 10 units) across various buildings to assess interior conditions. o Evaluate flooring, walls, ceilings, kitchens, bathrooms, plumbing fixtures, HVAC systems, and electrical systems.
• Maintenance Office Building:
o Assess the maintenance office’s structural, mechanical, and operational systems.
o Evaluate the office’s compliance with applicable codes and accessibility standards.
• Mechanical, Electrical, and Plumbing (MEP) Systems:
o Assess individual unit systems such as HVAC, water heaters, and electrical panels.
17
o Inspect plumbing systems, including pipes, fixtures, and water pressure. • Site Conditions:
o Parking areas, driveways, and sidewalks.
o Landscaping, grading, drainage, and irrigation systems. o Fencing, gates, and site security systems.
• Common Areas:
o Assess any shared amenities and recreational spaces.
3. Deficiency Identification and Cost Estimation
Document observed deficiencies across all buildings and site components, noting safety hazards, deferred maintenance, and code violations.
• Categorize deficiencies based on urgency:
o Immediate Needs: Urgent safety or compliance issues requiring immediate attention.
o Short-Term Repairs: Repairs anticipated within 1-3 years. o Long-Term Needs: Repairs or replacements projected over a 4-20 year period.
• Provide cost estimates for all identified deficiencies, using industry-standard data and market conditions.
4. Accessibility Assessment
• Assess compliance with accessibility standards (e.g., ADA and Fair Housing Act) for all buildings, pathways, parking, and common areas, and recommend improvements as needed.
5. Capital Improvement Plan
Develop a detailed, actionable 20-year capital improvement plan that includes:
• A prioritized list of recommended repairs and replacements, organized by urgency.
• Itemized cost estimates for all recommendations.
• A phased implementation schedule.
6. Reporting
Prepare a comprehensive PNA report, which will include:
18
• Executive Summary: Key findings, recommendations, and an overview of the capital improvement plan.
• Detailed Findings: Condition assessments for all inspected components, including photographs of deficiencies and descriptions of issues. • Deficiency List: Itemized list of observed deficiencies with estimated costs and prioritization.
• Accessibility: Specific recommendations for improving compliance. • Capital Improvement Plan: A phased, long-term plan for addressing identified needs.
• Supporting Documentation: Include photographs, inspection checklists, and detailed cost breakdowns.
7. Presentation and Final Deliverables
• An In-Person presentation of the findings and recommendations to the RHA and other COR Staff.
• Provide the final report in both electronic (PDF) and hard-copy formats.
Section III: Timeline
The tentative time schedule for this contract is as follows:
1. Proposal deadline …………………………………...………….…... Friday, March 7, 2025
2. Proposal evaluations begins……………………………………. Monday, March 10, 2025
3. Firm selection …………………………………………………...…Monday, March 17, 2025
4. Contract joint approval by RHA and City Council ……….…..…. Tuesday, April 22, 2025 Once a vendor contract is approved by RHA and City Council, RHA will immediately begin the contract and vendor approval process. In general, this process takes approximately two weeks if there are no issues. Delays are most commonly caused by issues related to vendor insurances.
Section IV: Contract Terms and Conditions
Contract Term
The anticipated term of this contract will begin on Tuesday, April 22, 2025 and will conclude upon the completion of the PNA, delivery of the final report, and presentation of the findings.
The final presentation and report submission shall occur no later than August 29, 2025.
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 19
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).
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 2 – Professional Services (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, March 7, 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.
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All questions and requests for clarification regarding the RFP must be submitted in writing by 10:00AM PST, on February 26, 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.
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 or fixed price for the project for the required services in the Scope of Work Section. 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), Certification and Representation of Offerors (HUD Form 5369-C, Attachment F), and Disclosure Statement for Limited Liability Companies (Attachment H) 21
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
Qualifications
o Demonstrated experience conducting PNAs for multibuilding residential properties, including similar scope and complexity
30 Approach
o Quality of the proposed plan for completing the
assessment, including inspection strategy and data
analysis.
20 3. Timeline and Availability
• Ability to meet project deadlines including the inspection, report submission and presentation of findings.
15 3. References
- Positive references from previous clients and experience with Public Housing Agencies.
10 4. Cost Proposal
- Overall cost competitiveness
- Transparency of any additional charges or reimbursable expenses.
25 Total Potential Points 100
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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.
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Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment G), 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 H).
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.
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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.
25 City of Richmond
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39 City of Richmond
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40 City of Richmond
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41 City of Richmond
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42 City of Richmond
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43 City of Richmond
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44 City of Richmond
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45 City of Richmond
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46 City of Richmond
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47 City of Richmond
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48 City of Richmond
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49 City of Richmond
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50 City of Richmond
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51 City of Richmond
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52 City of Richmond
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53 City of Richmond
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54 City of Richmond
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55 City of Richmond
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56 City of Richmond
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57 City of Richmond
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58 City of Richmond
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59 City of Richmond
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60 City of Richmond
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61 City of Richmond
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62 City of Richmond
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63 City of Richmond
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64 City of Richmond
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65 City of Richmond
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66 City of Richmond
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67 City of Richmond
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68 City of Richmond
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69 City of Richmond
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70 City of Richmond
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71 City of Richmond
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72 City of Richmond
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73 City of Richmond
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74 City of Richmond
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75 City of Richmond
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76 City of Richmond
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77 City of Richmond
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78 City of Richmond
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79 City of Richmond
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80 City of Richmond
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81 City of Richmond
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82 City of Richmond
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83 City of Richmond
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85 City of Richmond
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86 City of Richmond
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87 City of Richmond
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88 City of Richmond
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89 City of Richmond
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90 City of Richmond
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91 City of Richmond
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92 City of Richmond
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93 City of Richmond
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94 City of Richmond
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95 City of Richmond
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96 City of Richmond
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97 City of Richmond
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98 City of Richmond
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Physical Needs Assessment for Richmond Housing Authority, Nystrom Village Property, bidding on 03/07/2025 4:30 PM (PST)
Printed 03/19/2025
PlanetBids
130
City of Richmond
Physical Needs Assessment for Richmond Housing Authority, Nystrom Village Property, bidding on 03/07/2025 4:30 PM (PST)
Printed 03/19/2025
PlanetBids
131
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.
Antoinette Terrell x6784 Physical Needs Assessment for Nystrom Village Bureau Veritas North America INC 180 Promenade Circle Suite 150 Sacramento, CA 95834 40051525/6/2025 6/30/2026 10,430.00 11747 12/31/2025 ✔ 132
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 and (2) should be
accompanied by completed notary
acknowledgment forms.)
[Complete the notary acknowledgments
which are attached hereto.]
133
SERVICE PLAN
See the Special Conditions page.
134
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.
Antoinette Terrell Antoinette Terrell
135
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. 136
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.
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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.
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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 139
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 140
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.
141
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.
142
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 143
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.
Antoinette Terrell 450 Civic Center Plaza 2nd Floor Richmond, CA 94804 144
SPECIAL CONDITIONS
1. Contractor shall provide a Physical Needs Assessment for Nystrom Village as outlined on page four(4) and five(5) and at the rates on page ten(10) on the document entitled “Physical Needs Assessment, Nystrom Village Property” which is attached hereto and incorporated herein by this reference and to present the report in an in-person presentation of the finding and recommendations to the RHA and other City of Richmond Staff.
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". 145
4 Bureau Veritas understands that the Authority is requesing a Physical Needs Assessment of the following property:
• Nystrom Village
The Services to be performed shall include the following:
• Visit the subject property to observe the current general condition of the building and site improvements,
interview on-site personnel about the property, and
review available construction documents to become
generally familiar with the depicted construction, life safety, mechanical, electrical, and plumbing systems,
and general building environment.
• Provide a general description of the property and
improvements, including flood-zone designation, and
comment generally on observed conditions.
• BVTA will assess the condition and remaining useful
life of major building components such as roof,
exterior finish and waterproofing, doors and windows,
landscape, fencing/railings, walkways/parking areas,
major utilities, electrical systems, lighting, mechanical, plumbing, finishes, and common areas.
• Observe and generally comment upon the condition
of approximately 10% of the units. This is typically
sufficient to comment on the condition of the property. • Identify those components observed that are exhibiting deferred maintenance issues and provide estimates for
“immediate” and “replacement reserve” costs based on
observed conditions, available maintenance history and
industry-standard useful life estimates. Replacement
reserve term will be 20 years. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within
the last five (5)-year period, or currently under contract.
BVTA shall also inquire about available maintenance
records and procedures and interview current available
on-site maintenance staff.
• Provide a limited statement of observations regarding the property’s general compliance with Title III of the Americans with Disabilities Act. This will not constitute a full ADA survey but will help to indicate whether the Client is exposed to accessibility issues and whether a more comprehensive review is advisable.
• List the current utility service providers and inquire as to whether there are any documented life safety/code
violations on record with local building, zoning, and fire departments.
• Provide a graphic Project-At-A-Glance summary at
the beginning of the report to provide a quick, “userfriendly” summary of the property’s observed condition and estimated costs assigned by category. These
estimated costs shall be cross-referenced to report
sections where an elaboration of cost issues will be
presented.
• BVTA will perform a limited assessment of accessible
areas of the building(s) for the presence of mold,
conditions conducive to mold growth, and/or evidence
of moisture. BVTA will also interview Project personnel regarding the presence of any known or suspected
mold, elevated relative humidity, water intrusion, or
mildew-like odors. Potentially affected areas will be
photographed. Sampling will not be considered in
routine assessments.
PROJECT APPROACH & METHODOLOGY
PNA Project Understanding
146
5 An assessor will visit the property to observe the exterior areas, interior common areas, and employee only areas to assess the existing property improvements’ compliance with the Americans with Disabilities Act and its implementing regulations for Title II entities (28 C.F.R Part 35), the 2010 ADA Standards for Accessible Design, and applicable
state and local accessibility codes. BV will then produce a report which identifies the facility’s compliance with accessibility requirements and identifies specific barriers, with resolutions for barrier removal, and corresponding preliminary order of magnitude cost estimates.
The assessor will conduct a review of the facility’s exterior areas, interior common areas, and employee only areas to observe and identify representative barriers to accessibility and formulate recommendations to remedy the physical
barriers. When applicable, as part of the review the assessor will meet with a property representative with specific
knowledge of the facility to gain an understanding of overall features, public use patterns, and relevant historical data.
All landlord controlled features of the property which will be subject to observation, will include, but not be limited to, parking lots, sidewalks, ramps, curb ramps, stairs, and restrooms. All exterior elements and elements within the interior areas, which are subject to accessibility regulation, will be observed.
The ADA encompasses employee only areas in addition
to public spaces. Under Title I of the ADA, employee work areas, as well as employee only corridors, restrooms, break rooms, and kitchens/kitchenettes are covered under the
ADA.
OBSERVATION PROCESS
The assessor will first review documents and information provided by the municipal representative that could
supplement the consultant’s knowledge of the subject
property’s physical improvements, extent and type of use, and/or assist in identifying barriers to accessibility.
During the site walk through, the assessor will follow a Survey Form that meets or exceeds the current ASTM
format. The assessor will utilize a digital level, measuring tape, door pressure gauge, and GPS-enabled digital camera.
The field observer will identify and prioritize any existing improvements not in accordance with the applicable ADA
requirements in the order of preference, as set out by BV or per the preferences of Client, as indicated. Typical priorities are as follows:
• Physical access to the property
• Access to areas of public accommodation
• Removal of remaining barriers
The assessor will assess exterior common areas and
interior areas to identify existing conditions that are not in accordance with the applicable accessibility codes,
including the elements specified below (if applicable, where landlord is responsible for observed elements):
• Van and car accessible parking, Passenger loading
zones, Accessible routes, Curb ramps, Ramps,
Protruding objects, Building unit entrance exteriors,
Building entrance and exits to common areas,
Interior accessible routes, Exterior and interior stairs which are part of the means of egress, Elevators
and platform lifts (wheelchair lifts), Entrances and
exits to common areas, Handrails and grab bars,
Space allowance and reach ranges, Restrooms,
Kitchenettes, Break rooms, Alarms (visual and
audible) and warnings, Signage, Public telephones,
Switches and outlets
ACCESSIBILITY SURVEY CONTENT
BV will deliver an electronic (PDF) report. The report will utilize survey content which has been entered into an
AssetCalc database, including the following information:
• Summary of Findings for all primary regulated
elements observed, such as parking, accessible
routes, entrances, elevators, and corridors
• Individually recorded barriers
• Applicable ADA regulatory guideline references for
each barrier
• Recommendations for viable corrective measures
necessary to comply with applicable regulations
• Preliminary order of magnitude cost estimates for
each observed barrier
ADA SURVEY LIMITATIONS
BV’s order of magnitude cost estimates for each individual barrier removal are limited planning level cost estimates based on industry standards, and should not be construed as construction estimates. Costs will be estimated using standard industry cost indices, and BV’s experience with past costs for similar properties, without the benefit of sitespecific engineering/design or contractor estimates. An additional estimating effort will be required to define the actual cost of corrective actions to eliminate accessibility barriers. Planning level estimates are not based on, and will not include, detailed specifications or architectural/ engineering drawings. If requested, BV can provide
a proposal for subsequent Transition Planning and
Construction Project Management services.
PROJECT APPROACH & METHODOLOGY
OPTION: ADA TITLE II ACCESSIBILITY SURVEY
147
10 4. PROPOSED RATES AND FEES
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.
SERVICES FEE (Fixed Price)
Physical Needs Assessment - (includes visual ADA checklist per ASTM standards) $5,230.00 Option: ADA Title II Accessibility Survey $5,200.00
TOTAL $10,430.00
HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:
Completion of onsite assessments: 50% of per site fee
Delivery of Draft Reports: 45% of per site fee
Delivery of Final Reports: 5% of per site fee
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal #173181.25P or invoice number is clearly identified on all payments and correspondence for proper credit.
Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced. 148
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.
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149
(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.
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.
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) 150
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) 151
(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) 152
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) 153
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) 154
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)
155
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)
156
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)
157
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. 158
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:
159
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
160
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
161
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
162
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.
163
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)
164
___ 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.
165
___ 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. 166
___ 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.
167
___ 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.
168
Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A
RESOLUTION APPROVING A PHYSICAL NEEDS ASSESSMENT CONTRACT WITH BUREAU VERITAS NORTH AMERICA INC. IN AN AMOUNT NOT TO EXCEED $10,430.00 FROM APRIL 15, 2025 TO AUGUST 31, 2025, TO PERFOM A PHYSICAL
NEEDS ASSESSMENT OF NYSTROM VILLAGE TO IDENTIFY REPAIR, MAINTENANCE AND FUTURE IMPROVEMENT ACTIVITES.
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 Physical Needs Assessment to assess the current property condition and help RHA identify repair, maintenance and future improvement activities at the Public Housing site, Nystrom Village; and
WHEREAS, in February 6, 2025, the RHA issued a Request for Proposals (RFP) for a Physical Needs Assessment through the City's PlanetBids system; and WHEREAS, 965 firms were notified, and 15 firms downloaded the RFP; and WHEREAS, one firm responded to the RFP, and was reviewed by staff of the Richmond Housing Authority; and
WHEREAS, although only one bid was received, the proposal was found to be responsive, meeting all RFP requirements, and the proposed cost was determined to be reasonable; and
WHEREAS, the selected contractor Bureau Veritas North America INC has been chosen based on their qualifications; and
WHEREAS, the Physical Needs Assessment Contract would be for the amount not to exceed $10,430 to perform the services.
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 Physical Needs Assessment of Nystrom Village, for an amount not to exceed $10,430 from April 15, 2025 through August 31, 2025, to perform a Physical Needs Assessment of Nystrom Village to identify repair, maintenance, and future improvement activities.
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 ___, 2025 by the following vote:
AYES:
169
Reso. No. ____
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 ____, 2025. ____________________________________
CLERK OF THE HOUSING AUTHORITY
170
cc01Apr2025 – ud/prc
RICHMOND, CALIFORNIA, April 1, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 5:24 p.m. by Chair Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Chair Eduardo Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Commissioners Jamelia Brown, Doria Robinson, Sue Wilson, Vice Chair Zepeda, Chair Eduardo Martinez, and Tenant Commissioner Scott. Absent:
Commissioners Soheila Bana and Claudia Jimenez were absent for the entire meeting.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler stated that the City Council should approve the Housing Authority Consent Calendar.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chair Eduardo Martinez
Seconded by Commissioner Doria Robinson
Ayes (6): Commissioners Jamelia Brown, Doria Robinson, Sue Wilson, Vice Chair Cesar Zepeda, Chair Eduardo Martinez, and Tenant Commissioner Scott Absent (2): Commissioners Soheila Bana and Claudia Jimenez Passed
L.1 Contract with Door and Window Guard Systems, Inc. for Installation at Nystrom Village
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).
Adopted Resolution No. 2207.
L.2 On Call Contract with Net Electric for services at Nystrom Village 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, 171
cc01Apr2025 – ud/prc
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).
Adopted Resolution No. 2208.
L.3 Housing Authority Meeting Minutes
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
There being no further business, the meeting adjourned at 5:26 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
172
cc15Apr2025 – ud/prc
RICHMOND, CALIFORNIA, April 15, 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 5:09 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 Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Chairperson Cesar Zepeda, Tenant Commissioner Jaycine Scott, and Chairperson Eduardo Martinez. Absent: None.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. PUBLIC COMMENT (on Richmond Housing Authority Consent Calendar items or Richmond Housing Authority items not on the agenda)
Cordell Hindler stated the commissioners should approve the consent calendar.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Tenant Commissioner Jaycine Scott
Seconded by Commissioner Soheila Bana
Ayes (8): Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Chairperson Cesar Zepeda, Tenant Commissioner Jaycine Scott and Chairperson Eduardo Martinez.
Passed
L.1 Contract with RK Roofing & Construction Inc. for Gutter Replacements at Nystrom Village
ADOPT a resolution approving the award of a contract for the gutter replacement at Nystrom Village to RK Roofing & Construction Inc., in an amount not to exceed $270,000, which includes a 20 percent contingency, with a contract term beginning April 15, 2025, and ending June 30, 2026 - Richmond Housing Authority (Antoinette Terrell 510 620-6784/Gregory Palomino 510-621-1361).
Adopted Resolution No, 2209.
173
cc15Apr2025 – ud/prc
L.2 Contract with Structure Development Advisors, LLC for Asset Repositioning
ADOPT a resolution authorizing a sole source contract with Structure Development Advisors, LLC to continue the repositioning of assets of the Richmond Housing Authority in the amount not to exceed $600,000 from April 15, 2025, to June 30, 2028, with the option to extend for up to one additional year at $200,000 for a potential total payment limit of $800,000 - Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621-1361).
Adopted Resolution No. 2210.
M. ADJOURNMENT
There being no further business, the meeting adjourned at 5:12 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
174
May 6, 2025
Economic Development
Richmond Housing Authority (RHA)
DATE: May 6, 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, RHA Executive Director
Subject: Richmond Housing Authority (RHA) 2025 Annual Plan FINANCIAL IMPACT: There is no financial impact; however, the submission of the Annual Plan is a U.S. Department of Housing &
Urban Development (HUD) requirement, and failure to
comply can result in sanctions, including reduced
funding.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Every Public Housing Authority (PHA) that administers a Low-Income Public Housing Program must submit an
Annual Plan to the U.S. Department of Housing and
Urban Development (HUD). RHA staff requests that the
Board receive comments and adopt a resolution
approving the Housing Authority’s Annual Plan.
RECOMMENDED ACTION: HOLD a public hearing; and ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual
Plan; and AUTHORIZE submission of the proposed 2025
Annual Plan to the U.S. Department of Housing and
Urban Development (HUD) – Richmond Housing
Authority (Antoinette Terrell 620-6784).
AGENDA
REPORT
175
May 6, 2025
DISCUSSION:
Every Public Housing Agency (PHA) administering a Low-Income Public Housing Program is required to submit an Annual Plan to the US Department of Housing and Urban Development (HUD) (Attachment 1). The plan serves as the annual application for grants to support improvements to public housing buildings. It is a requirement to submit an Annual Plan for the PHA to receive capital funding. Additionally, the Annual Plan outlines if the PHA intends to undertake any new activities in the fiscal year and gives the PHA an opportunity to describe any progress on mission and goals.
For the Richmond Housing Authority (RHA), the proposed Annual Plan outlines ongoing progress and activities related to implementation of asset repositioning activities from the current Public Housing Authority Recovery and Sustainability (PHARS) Agreement (Attachment 2). The elements of the Annual Plan are found at 24 Code of Federal Regulations, Part 903 Public Housing Plans.
The Annual Plan was posted on February 28, 2025, via the RHA website, which initiated the Annual Plan drafting process, and the opportunity for public comment. A public notice for this hearing was published in the West County Times on March 1, 2025.
A hard copy was made available at the RHA Administrative Office (450 Civic Center Plaza, Richmond, CA, 2nd Floor) (Attachment 3).
This public hearing represents the final opportunity for the public to comment on the Annual Plan before adoption. It is important that the Board of Commissioners act at this meeting and authorize submission of the Annual Plan.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Housing Authority Annual Plan for FY 2025 Attachment 3 – Notice of Public Hearing – RHA Annual Plan 176
Reso. No. ____
DocID #41480v1
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A
RESOLUTION APPROVING THE HOUSING AUTHORITY ANNUAL PLAN AND
AUTHORIZING SUBMISSION OF THE PROPOSED ANNUAL PLAN TO THE US
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, housing authorities are required to submit an Annual Plan to the U.S.
Department of Housing and Urban Development (HUD); and
WHEREAS, discretionary priorities, activates, and policies utilized in the Public Housing program are contained in the Annual Plan; and
WHEREAS, the Housing Advisory Commission (HAC) has been unable to meet due to lack of quorum since May 13, 2024; and
WHEREAS, the Fiscal Year (FY) 2025 beginning July 1, 2025 Annual Plan was made available for public review and comment by posting on the Richmond Housing Authority (RHA) website on February 28, 2025; and
WHEREAS, a notice of this public hearing was posted in the West County Times on March 1, 2025; and
WHEREAS, the public has been given the opportunity to present additional comments or questions during the public hearing on May 6, 2025.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Housing Authority Annual Plan is approved and the Executive Director is authorized to submit of the Annual Plan to HUD.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
177
Reso. No. ____
DocID #41480v1
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 May 6, 2025, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on May 6, 2025. ____________________________________
CLERK OF THE HOUSING AUTHORITY
178
Annual PHA Plan
(Standard PHAs and
Troubled PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 03/31/2024
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.
Applicability. The Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: _Richmond Housing Authority____________________________________________________ PHA Code: CA010 PHA Type: Standard PHA Troubled PHA
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2025
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 267 Number of Housing Choice Vouchers (HCVs) 0 Total Combined Units/Vouchers 267 PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.
PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia
No. of Units in Each Program
PH HCV
Lead PHA:
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B. Plan Elements
B.1 Revision of Existing PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Grievance Procedures.
Homeownership Programs.
Community Service and Self-Sufficiency Programs.
Safety and Crime Prevention.
Pet Policy.
Asset Management.
Substantial Deviation.
Significant Amendment/Modification
(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):
(c) The PHA must submit its Deconcentration Policy for Field Office review.
B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N
Hope VI or Choice Neighborhoods.
Mixed Finance Modernization or Development.
Demolition and/or Disposition.
Designated Housing for Elderly and/or Disabled Families.
Conversion of Public Housing to Tenant-Based Assistance.
Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD.
Occupancy by Over-Income Families.
Occupancy by Police Officers.
Non-Smoking Policies.
Project-Based Vouchers.
Units with Approved Vacancies for Modernization.
Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project-based units and general locations, and describe how project basing would be consistent with the PHA Plan.
Richmond Housing Authority intends to pursue either RAD or Section 18 Disposition approval for Nystrom Village (100 units).
Richmond Village encountered initial delays, but a technical assistance provider is preparing to submit a PIC inventory removal application.
RHA will work with the Housing Authority of Contra Costa County (HACCC) (Housing Choice Voucher Administrator), to obtain the necessary Tenant Protection Vouchers and/or Project-Based Vouchers (using either RAD PBV or local PBV) to support RHA’s conversion of its Public Housing and be consistent of asset repositioning implementing actions outlined in the Public Housing Authority Recovery and Sustainability (PHARS) agreement (Attachment 1).
Statement of Housing Need
Housing needs in the City of Richmond resembles the need within Contra Costa County. The 2020- 2025 Consolidated plan for Contra Costa County, "The area of greatest need is among renters in the extremely low-income category: 30,485 households, or 45 percent, experience substandard housing, overcrowding, or cost burden. Of those, 69 percent suffer from a cost burden of greater than 50 percent of Income.” While the nominal data will be different within the City of Richmond, the magnitude of need will be similar. 180
Citation and access to additional information - 2020 - 2025 Consolidated Plan https://www.contracosta.ca.gov/7204/2020---2025-Consolidated-Plan An additional resource which outlines the housing need is the recently adopted City of Richmond Housing Element Section II Projected Housing Need (pg. 17 to 18). “The Regional Housing Needs Allocation (RHNA) for Richmond is shown in Table II-2. The City has a total allocation of 3,614 units for the 2023 to 2031 planning period. Extremely Low and Very Low = 840, Low = 485, Moderate = 638, Above Moderate = 1,651” (pg. 18, 2023-2031 Housing Element) and Appendix A: Demographic Housing Needs Assessment pg. 63 to 136 - Richmond has a higher rate of overcrowding than the rest of the region. In 2017, 9.4 percent of Richmond residents faced overcrowded conditions, while 5.1 percent of Contra Costa County residents and 6.9 percent of residents in the Bay Area experienced overcrowding. - Household income in Richmond is lower than in Contra Costa County. In 2019, the County’s median household income of $99,716 was 46 percent higher than Richmond’s median household income of $68,472. - In Richmond, 15 percent of the total population (14,712 residents) is below the federal poverty level, which is higher than the rate of Contra Costa County residents (9 percent).
- A greater share of Richmond households are cost-burdened households compared to Contra Costa County. Of Richmond’s households, nearly half are cost-burdened, spending 30 percent or more of their income on housing. Among cost-burdened households in Richmond, 20 percent are severely-cost burdened. In the County and the Bay Area, 36 percent of households are cost-burdened and 16 percent are severely cost burdened.
- Renters in Richmond are typically more often cost-burdened than homeowners. Over half of renter households are cost-burdened, spending 30 percent or more of their income on housing, while around a third of households that own their home are cost-burdened.
Additionally, 25 percent of renters are severely cost-burdened, while 14 percent of owners are severely cost-burdened. - Seniors (65 years and above) make up approximately 13.4 percent of Richmond’s population. Out of the total senior population, approximately 39 percent are cost burdened. Seniors are a designated special needs population under housing element law. Seniors can face higher levels of housing insecurity because they are more likely to be on a fixed income while requiring higher levels of care. - Richmond’s other special housing needs populations include persons with a disability that may require accessible housing (12.6 percent of residents) and female-headed households who are often at greater risk of housing insecurity (17 percent of households).
Citation and access to additional information - 2023-2031 Housing Element https://www.ci.richmond.ca.us/DocumentCenter/View/66913/6th-Cycle-Housing-Element_Certified?bidId= Richmond’s Plan to Address Need
- RHA’s fundamental plan and contribution for addressing the affordable housing need in the City of Richmond is to preserve or replace the existing Public Housing units in RHA’s portfolio through either RAD or Section 18 Disposition and when the opportunity is available increase the number of units. RHA will work with partners to bring about the preservation or redevelopment projects that provide housing options for a similar population that are currently housed. This activity goes directly to addressing the housing need within the City of Richmond and implementation of the PHARS Agreement with HUD. Recent accomplishments include the rehabilitation and lease up of Hacienda (150 units) and commencing the rehabilitation construction of Nevin Plaza (140 Units).
Opportunities to increase the number of units will be at Nevin Plaza (Nevin Plaza II) and Nystrom Village depending on the responses of the development partners on the potential to build more units.
B.3 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan. - Please see attached Recovery Agreement and Action Plan Report Update (Attachment 2).
B.4 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved. 5-Year Action Plan. Approved 2/28/22.
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit? Y N
(b) If yes, please describe:
The results of the recent audit highlighted several key areas for improvement:
- Maintenance and retention of resident files
- Processing of invoices and the implications of delayed payments - Internal controls regarding revenue and expenditure
- Documentation management for the waiting list
- Supporting documentation for operating subsidy payments - Missing tenant documents
- Schedule of expenditures related to federal awards
- Recording and analysis of activities within general ledger funds, along with the development of monthly and annual reconciliation processes 181
In response to these findings, a corrective action plan has been developed and submitted to the HUD Regional Office, where it has been accepted.
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
C.2 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.
C.5 Troubled PHA.
(a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place?
Y N N/A
(b) If yes, please describe: 2019 PHARS, Attachment
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing (AFFH).
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
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Instructions for Preparation of Form HUD-50075-ST
Annual PHA Plan for Standard and Troubled PHAs
A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e)) Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal Resource –
HUD Fair Housing and Equal Opportunity Website
https://www.hud.gov/fairhousing
Fair Chance Access to Affordable Housing Ordinance, City of Richmond, CA https://www.ci.richmond.ca.us/3698/Fair-Chance-Housing-Ordinance Just Cause for Eviction Protections (R.M.C 11.100.050)City of Richmond, CA https://www.ci.richmond.ca.us/3387/Termination-of-Tenancy Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal 183
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section.
B.1 Revision of Existing PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.
If an element has not been revised, mark “no." (24 CFR §903.7) Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant-based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR §903.7(a)).
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments.
Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA’s procedures for maintain waiting lists for admission to public housing and address any site-based waiting lists. (24 CFR §903.7(b)). A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR §903.7(e)) Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants. (24 CFR §903.7(f))
Homeownership Programs. A description of any Section 5h, Section 32, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))
Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of (24 CFR §903.7(l)). Provide a description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs subject to Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135) and FSS. (24 CFR §903.7(l)) Safety and Crime Prevention (VAWA). Describe the PHA’s plan for safety and crime prevention to ensure the safety of the public housing residents.
The statement must provide development-by-development or jurisdiction wide-basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities. (24 CFR §903.7(m)) A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5)) Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n)) 184
Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR §903.7(q))
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32 REV-3, successor RAD Implementation Notices, or other RAD Notices.
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.” HOPE VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6 . (Notice PIH 2011-47) Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6/mfph#4 Demolition and/or Disposition. With respect to public housing only, describe any public housing development(s), or portion of a public housing development projects, owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 of the 1937 Act (42 U.S.C. 1437p); and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h))
Designated Housing for Elderly and Disabled Families. Describe any public housing projects owned, assisted or operated by the PHA (or portions thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1) development name and number; 2) designation type; 3) application status; 4) date the designation was approved, submitted, or planned for submission, 5) the number of units affected and; 6) expiration date of the designation of any HUD approved plan. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not constitute HUD approval of any designation. (24 CFR §903.7(i)(C)) Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j)) Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project-Based Rental Assistance or Project-Based Vouchers under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32 REV-3, successor RAD Implementation Notices, and other RAD notices. -
Occupancy by Over-Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (3) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (5) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.503) (24 CFR 903.7(b)) Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.505) (24 CFR 903.7(b)) 185
Non-Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD’s website at: Notice PIH 2009-21 and Notice PIH-2017-03. (24 CFR §903.7(e))
Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project-based vouchers, which must comply with PBV goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan (24 CFR §903.7(b)).
Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1).
Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided.
B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1)) B.4 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section (24 CFR §903.7 (g)). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved.
PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: “See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX.” B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154 or 24 CFR 5.160(a)(3) as applicable; (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
C.5 Troubled PHA. If the PHA is designated troubled, and has a current MOA, improvement plan, or recovery plan in place, mark “yes,” and describe that plan.
Include dates in the description and most recent revisions of these documents as attachments. If the PHA is troubled, but does not have any of these items, mark “no.” If the PHA is not troubled, mark “N/A.” (24 CFR §903.9) D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) ….
Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. 186
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless , the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
_________________________________________________________________________________________________________________________ This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan.
Public reporting burden for this information collection is estimated to average 7.52 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 187
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
TDD: 1-800-545-1833, Ext. 563
NOTICE OF PUBLIC HEARING
HOUSING AUTHORITY OF THE CITY OF RICHMOND
Richmond, California
Notice is hereby given that a Public Hearing will be held before the Richmond Housing Authority (RHA) Board of Commissioners on Tuesday, May 6, 2025, at 6:25 PM in the City Council Chambers, 440 Civic Center Plaza, 1st Floor, Richmond, California, 94804. The Board of Commissioners will receive public comment on the following matter:
The 2025 Annual Public Housing Agency Plan (2025 Annual PHA Plan) includes goals and objectives for the Housing Authority’s future involvement in providing affordable housing in Richmond through its Public Housing developments. The 2025 Annual PHA Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) after the RHA Board of Commissioners adopts it following the Public Hearing.
All interested people may appear and be heard.
Public notice of the 45-day public review period to consider the 2025 Annual PHA Plan was posted on the RHA Website on March 7, 2025. A local newspaper (West County Times) public notice was posted on March 7, 2025. A webpage dedicated to the 2025 Annual PHA Plan was created on the RHA website to give background information on the plan development and ways for the public to provide feedback:
RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan The public may submit written comments by addressing them to the Richmond Housing Authority of the City of Richmond, 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804, or send an email to [email protected] or call (510) 620-6784.
A copy of the draft 2025 Annual PHA Plan will be available for public inspection at the RHA Administrative Offices (450 Civic Center Plaza, 2nd floor, Richmond, CA 94804) Monday thru Friday from 8:30 a.m. to 4:30 p.m.
This Public Hearing is required by the U.S. Department of Housing and Urban Development as part of the Quality Housing and Work Responsibility Act of 1998. 188
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RICHMOND, CALIFORNIA, March 25, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 3:30 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Absent:
Councilmember Soheila Bana arrived after adjourning to Closed Session.
C. JOINT MEETING OF THE CITY OF RICHMOND/SURPLUS PROPERTY
AUTHORITY MEETING
C.1 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
CITY COUNCIL
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
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGALCOUNSEL - 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.
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in person.
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E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:33 p.m. Closed Session adjourned at 5:03 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 5:06 p.m. by Mayor Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Absent:
None.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item O.4.b (District Office Lease Agreement with U.S. Congress Member John Garamendi’s Office), was continued to the April 15, 2025, meeting.
Item O.8.a (AB 481 “Military Equipment Use” Annual Report) was continued to the April 1, 2025, meeting.
Item P.2 (Presentation from West Contra Costa Unified School District) was moved up to be heard before Item P.1 (Presentation from IFPTE local 21 on Unfunded Actuarial Liabilities)
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
C.1 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 Not discussed.
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
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
Discussed. No reportable action taken.
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C.3 CONFERENCE WITH LEGALCOUNSEL - 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.
Not discussed.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS (limited to ten minutes per item)
M.1 Proclamation Declaring April 2025 as National Second Chance Month PROCLAMATION to declare April 2025 as National Second Chance Month and to recognize the unwavering efforts of Richmond’s reentry partners, including the Reentry Success Center, Rubicon Programs, Safe Return Project, Men and Women of Purpose, A Place to Call Home, 1HundredYears Enterprise and Men and Women of Valor - Councilmember Jamelia Brown (510-412-2050).
Councilmember Brown introduced the item. Councilmember Brown and Mayor Martinez read and presented the proclamation to the representatives of the organizations being honored. The recipients of the proclamation gave comments.
Cordell Hindler and Lily Rahnema gave comments in person.
M.2 Proclamation Honoring the Richmond Police Department PROCLAMATION to recognize and honor the extraordinary collective efforts and actions of the Richmond Police Department — officers, detectives, and crime scene investigators that came together to help stop a minor from being sexually abused by her stepfather - Vice Mayor Cesar Zepeda (510-620-6593) and Councilmember Doria Robinson (510-620-6568).
Vice Mayor Zepeda introduced the item. Councilmember Brown, Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez read and presented the proclamation to the honorees. Assistant Chief Timothy Simmons gave comments of appreciation for the recognition.
Mark Wassberg, Ben Therriault, and Cordell Hindler gave comments in person.
Michelle Milam gave comments via teleconference.
M.3 Proclamation Honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event
PROCLAMATION honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Councilmember Doria Robinson (510-620-6568).
Mayor Martinez introduced the item. Councilmember Wilson, Councilmember Jimenez, Vice Mayor Zepeda, Councilmember Robinson, and Mayor Martinez read and presented the proclamation to the honorees. A representative from Congressman Garamendi's office presented a recognition to the planning committee. Linda Whitmore gave comments.
Cordell Hindler gave comments in person.
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N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:
Councilmember Soheila Bana gave comments regarding the Nowruz Celebration on March 22, 2025. Councilmember Bana thanked City staff, volunteers, community members, and dignitaries that attended or participated in the event.
Cordell Hindler gave comments thanking Councilmember Bana for coordinating the Nowruz celebration. Mr. Hindler suggested an item be brought to Council regarding mental health. Mr. Hindler also gave comments regarding the change in meeting start times, proclamations, and economic development.
Curtis Flemming and David Wee expressed concerns regarding parking and ticketing issues in relation to street sweeping implementation. Mr. Flemming and Mr. Wee suggested a pause in the implementation of street sweeping.
Rajendra Pondyal gave comments regarding his background in finance and offered to volunteer for the City.
Harpreet Sandhu thanked Councilmember Bana for bringing the Nowruz Celebration forward. Mr. Sandhu read a congressional commendation presented in honor of the City in recognition of Nowruz.
Lori Hart thanked Mayor Martinez and Public Works department staff for visiting Parchester Village to assess existing issues. Ms. Hart thanked Councilmember Doria Robinson and Councilmember Sue Wilson for advocating to improve conditions in Parchester Village. Ms. Hart expressed concerns regarding street conditions and noise issues.
Goretha Johnson suggested ADA curb ramps and sidewalks be placed near bus stops in Parchester Village. Ms. Johnson expressed concerns regarding flooding in the neighborhood.
Alvin Cook gave comments regarding street conditions and flooding in the Parchester Village area.
Don Gosney expressed concerns regarding the order of items on Council meeting agendas, transparency, and the public records request process.
Arto Rinteela gave comments in support of improvements to Parchester Village and suggested an ad hoc committee be created to oversee searches for consultants or developers.
Gaelle Feliz gave comments regarding flooding, street cleaning, noise, and sidewalk issues in Parchester Village.
Daniel Hoffman thanked Councilmember Robinson, Councilmember Brown, and Vice Mayor Zepeda for their support of improvements to Parchester Village. Mr. Hoffman expressed concerns regarding flooding, lack of sidewalks along Giant Highway, and odor issues in the Parchester Village area.
Alejandro Villegas, Suilma Navarrette, Agionta Isom, and Edith Pastrano gave comments urging the council to support clean energy and decarbonization.
Brenda Rodriguez gave comments regarding Urban Tilth and work done along the Greenway trail in 2024. Ms. Rodriguez invited the community to attend the Urban Tilth Earth Day Celebration on April 19, 2025.
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Mark Wassberg gave comments regarding Police incidents and freedom of speech.
Ben Therriault gave comments regarding Item O.1.a. (First Amendment to the Legal Services Agreement (“LSA”) with Maloney Employment Law).
Nasreen Saleem expressed concern regarding the impact of street vendors on local businesses. Ms. Saleem also expressed concern regarding the City tobacco licensing process.
Kathleen Sullivan gave comments in support of local businesses and expressed concerns regarding street vendors.
Tanya Brown gave comments regarding the Cannabis Equity Program and economic development.
Jamin Pursell gave comments regarding Item O.7.d (Proclamation Declaring March 31, 2025, as Transgender Day of Visibility).
Irania DeLaMora gave comments regarding fines for noise complaints. Ms. DeLamora also gave comments regarding the Mobile Vendor Program.
Vernon Whitmore gave comments regarding sidewalk vendors and their impact on local businesses.
Cochise Potts gave comments regarding grant funds awarded to the City and suggested grant funds be allocated to assist the unhoused population.
The following individuals gave comments via teleconference:
Margarita Mitas gave comments in support of the City moving forward with improvements to flooding issues in Parchester Village.
Jessi Taran advocated for long term housing options for unhoused individuals in the City.
Demetria gave comments regarding flooding, sidewalk, and noise issues in Parchester Village.
Michelle Milam announced that Juneteenth celebrations would be held on June 21, 2025, at Nicholl Park. Ms. Milam announced that the monthly crime prevention meeting would be held on March 26, 2025. Ms. Milam also gave comments on the homeless task force meeting times and issues in Parchester Village.
CJ Brown gave comments regarding the Cannabis Equity Program.
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Soheila Bana
Seconded by Councilmember Claudia Jimenez
To approve all items on the Consent Calendar excluding Items O.4.b (District Office Lease Agreement with U.S. Congress Member John Garamendi’s Office), and O.8.a (AB 481 “Military Equipment Use” Annual Report).
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.
Passed
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O.1 City Attorney's Office
O.1.a First Amendment to the Legal Services Agreement (“LSA”) with Maloney Employment Law
APPROVE a first amendment to the Legal Services Agreement with Maloney Employment Law in the amount of $150,000, for a total amount not to exceed amount of $500,000, with a term ending on June 30, 2027, to advise and represent the City in municipal law litigation matters, including appeals, as assigned by the City Attorney – City Attorney’s Office (Shannon Moore 510-620-6509).
O.1.b Adopt Sanctuary City Ordinance.
ADOPT an ordinance (second reading) adding Chapter 2.30 entitled “Limitations on Use of City Resources for Federal Immigration Enforcement” to the Richmond Municipal Code – City Attorney’s Office (Dave Aleshire/Shannon L. Moore/ Kimberly Y. Chin/Chris Dykzeul 510- 620-6509).
Adopted Ordinance No. 08-25 N.S.
O.2 City Council
O.2.a Proclamation for Reverend Dr. Curtis B. Flemming, Sr. Pastor of Hillcrest Baptist Church
PROCLAMATION recognizing the official installation of Reverend Dr.
Curtis B. Flemming as the new Pastor of Hillcrest Baptist Church on Sunday, March 9, 2025, while honoring the memory and legacy of previous Pastor Theodore Henry "Ted" Goslen who led Hillcrest Baptist Church with unwavering dedication and spiritual wisdom for 21 years - Councilmember Soheila Bana (510-672-3490).
O.2.b Proclamation to Celebrate Nowrūz (Norooz)
PROCLAMATION recognizing the celebration Nowrūz as a communitybuilding and peace-promoting event in Richmond and the City’s first annual Nowrūz Spring Equinox Celebration on Saturday, March 22, 2025, from 11:00 a.m. to 5:00 p.m. at Marina Bay Park - Councilmember Soheila Bana (510-672-3490).
O.3 Community Development
O.3.a Grant Agreement with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions)
APPROVE a grant services agreement in an amount not to exceed $300,000 with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) to provide development and supportive services for the Richmond Tiny House Village Farm and Garden Project at 175 23rd Street for a term expiring December 31, 2025 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).
O.4 Economic Development
O.4.a Contract Amendment No. 3 with R3 Consulting
APPROVE a third amendment to the contract with R3 Consulting Group, Inc amending the service plan to continue supporting the City with the Collection Agreement negotiations and complete a franchise fee costrecovery analysis, increasing the contract payment limit by $60,000, to a 194
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new payment limit of $328,185, and extending the contract term expiration to June 30, 2026 – Economic Development Department (Nannette Beacham 510-621-1306/Samantha Carr 510-620-5407/Yahna Williamson 510-620-6574).
O.4.b District Office Lease Agreement with U.S. Congress Member John Garamendi’s Office
APPROVE a lease with United States House of Representatives to allow Congressman John Garamendi to utilize approximately 845 square feet of office space, four cubicles, and a conference room on the second floor of 440 Civic Center Plaza as his Congressional District Office, at a rate of $1,140.75 per month ($13,689 per year), for a two-year term from January 3, 2025, through January 2, 2027 – Economic Development Department (Craig Murray 510-621-1612).
This item was continued to the April 15, 2025, meeting.
O.4.c Resolution to Accept and Appropriate the Grant Award for the Cannabis Equity Program
ADOPT a resolution to accept grant funding from the California Governor’s Office of Business and Economic Development, in the amount of $600,000 for the Cannabis Equity Program; AUTHORIZE the city manager or their designee to execute the necessary agreements with GOBiz to accept the grant funds; and APPROPRIATE the grant funds in the Fiscal Years 2024-2025 through 2026-2027 budgets – Economic Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Jesson de Leon 510-412-2023/Kyle Lam 510-620- 6802/Junne Garcia 510-865-3532).
Adopted Resolution No. 25-25
O.5 Finance Department
O.5.a State Audit Update - May 2025
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – City Manager’s Office/Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077)
O.6 Human Resources
O.6.a Contract Amendment No. 2 with AppleOne Temporary Staffing Agency APPROVE a second amendment to the contract with AppleOne Employment Services, increasing the contract limit by $60,000, for a total amount not to exceed $260,000, for temporary staffing services on an asneeded basis – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
O.6.b Contract Amendment No. 2 with Century Group to Increase Payment Limit
APPROVE a second contract amendment with the Century Group for recruitment and temporary staffing services increasing the payment limit by $100,000, for a new amount not to exceed $250,000 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602). 195
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O.6.c Contract Amendment for Municipal Resource Group (MRG) APPROVE a contract amendment with Municipal Resources Group (MRG) in the amount of $200,000, for a total contract limit amount not to exceed $500,000, for consultation and staff training services – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602) O.6.d Amend the Salary Schedule
ADOPT a resolution amending the salary schedule to retitle Code Enforcement Supervisor to Senior Code Enforcement Officer and revise the salary for City Attorney – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
Adopted Resolution No. 26-25
O.6.e Contract Amendment with Set-Up for Success
APPROVE a contract amendment with Set-Up for Success for consultation services for establishing a limited assistance protocol - Senate Bill 54, Chapter 45 Implementation Plan, extending the term expiration to December 31, 2025, and increasing the payment by $32,500, for a total amount not to exceed $85,250, and APPROPRIATE funds as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).
O.7 Mayor's Office
O.7.a Correction to Term Expiration Date for Andrew Melendez AMEND the expiration date for Andrew Melendez’s current term to the Community Crisis Response Program Advisory Board, from December 31, 2025, to the correct date of December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.b Correction to Term Expiration Date for Lashara Johnson AMEND the expiration date for Lashara LaShawn Monique Johnson’s current term on the Community Crisis Response Program Advisory Board from December 31, 2025, to the correct date of December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.c Proclamation Declaring March 10, 2025, as Tibetan National Uprising Day
PROCLAMATION declaring March 10, 2024, as Tibetan Uprising Day in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
O.7.d Proclamation Declaring March 31, 2025, as Transgender Day of Visibility PROCLAMATION declaring March 31, 2025, as Transgender Day of Visibility in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Cesar Zepeda (510-620-6593).
O.8 Police Department
O.8.a AB 481 “Military Equipment Use” Annual Report
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 196
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No. 12-22 N.S. / Military Equipment Use Policy - Police Department (Bisa French 510-621-1802).
This item was continued to the April 1, 2025, meeting.
O.9 Public Works
O.9.a Resolution to Approve a Contract with Pablo Restorations Roofing and Waterproof Fire Station 68 Roof Repair
ADOPT a resolution approving a contract with Pablo Restoration Roofing and Waterproof to repair the roof of Fire Station 68 in an amount not to exceed $92,419.63 - Public Works Department (Tawfic Halaby 620-5482 / Daniel Chavarria 620-5478).
Adopted Resolution No. 27-25
O.9.b Contract Amendment No. 1 with Sharjo, LLC dba ServiceMaster Restoration Services
APPROVE a first contract amendment with Sharjo, LLC dba ServiceMaster Restoration, to include on-call biohazard and unknown substance removal and disposal services in the amount of $70,000, for a new total contract amount not-to-exceed $115,000, and amending the two one-year extension amount not-to-exceed $50,000, for a new extension total amount not to exceed $80,000 – Public Works Department (Hugo Mendoza 510-231-3030/Daniel Chavarria 510-620-5478).
O.9.c Authorize an Application for Metropolitan Transportation Commission Housing Incentive Pool Funding
ADOPT a resolution authorizing the city manager or their designee to submit a grant application to Metropolitan Transportation Commission for Housing Incentive Pool funding for Bayview to BART, McBryde Avenue Safe Routes to Parks, Downtown Point Richmond Pedestrian and Bicycle Connectivity, and Carlson Crosstown Transit Stop Improvements Projects – Public Works Department (Janney Lockman 510-307-8097/Robert Armijo 510-620-5477/Daniel Chavarria 510-620-5478).
Adopted Resolution No. 28-25
O.9.d 10-Day Report on the Interim Urgency Ordinance Regarding Keller Beach Sanitary Sewer line.
RECEIVE and ISSUE the 10-Day Report on the Urgency Ordinance regarding the Keller Beach Sanitary Sewer line – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477).
O.9.e February 2025 Abatement Report
RECEIVE a report on the February 2025 abatement activities – Public Works Department (Hugo Mendoza 510-231-3030 / Tawfic Halaby 510- 620-5482 / Daniel Chavarria 510-620-5478).
P. STUDY AND ACTION SESSION
P.1 Presentation from IFPTE local 21 on Unfunded Actuarial Liabilities RECEIVE a presentation from IFPTE local 21 and DIRECT staff to work with IFPTE Local 21 researcher and the sponsors of this item to bring a detailed analysis of the following issues and bring it back to Council within 45 days:
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Potential early amortization of unfunded liabilities for the city’s two CalPERS retirement plans using Chevron settlement funds Potential early amortization of the city’s OPEB unfunded liability using Chevron settlement funds
Possible use of bond financing for early amortization The City Council’s ability to redirect the funds in the city’s operating budget currently used for unfunded liabilities to support a broad range of expenditures, including ongoing expenses like additional staffing and expenditures that make Richmond less dependent on the fossil fuel industry as a revenue source (Just Transition) - Councilmembers Claudia Jimenez (510-620-6565), Doria Robinson (510-620-6568) and Sue Wilson (510-609-2111).
At 9:38 p.m. Councilmember Soheila Bana left the meeting.
Councilmember Jimenez introduced the item. IFPTE Local 21 Lead Researcher Kristin Schumacher Nascimento presented a PowerPoint. Link to view presentation: Presentation from iFPTE local 21
Cordell Hindler, Don Gosney, and Jamin Pursell gave comments in person.
Benjamin Therriault and Emma Ishii gave comments via teleconference.
Discussion ensued.
Councilmember Jimenez made a motion to approve the item. Councilmember Robinson seconded the motion.
Mayor Martinez made a friendly amendment to adjust the language of the recommended action from settlement funds to general funds. The friendly amendment was accepted. The motion was adjusted to request staff to bring back an update instead of detailed analysis as written in the recommended action.
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Doria Robinson
Direct staff to work with IFPTE Local 21 researcher and the sponsors of this item to bring an update of the following issues to Council within 45 days: potential early amortization of unfunded liabilities for the city’s two CalPERS retirement plans using general funds, potential early amortization of the city’s OPEB unfunded liability using general funds, and possible use of bond financing for early amortization.
Ayes (6): Councilmembers Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.
Absent (1): Councilmember Soheila Bana
Passed
P.2 Presentation from West Contra Costa Unified School District RECEIVE a presentation from West Contra Costa Unified School District’s Interim Superintendent, Kim Moses, regarding the West Contra Costa Unified School District's enrollment, attendance, budget projections, and data on current accomplishments of students, teachers, and schools - Councilmember Soheila Bana (510-672-3490).
Councilmember Bana introduced the item. West Contra Costa Unified School District’s Interim Superintendent Kim Moses presented a PowerPoint. Link to view presentation: Presentation from West Contra Costa Unified School District 198
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Don Gosney, Mark Wassberg, Mark Mitchell, Jamin Pursell, Sam Cleare, Cordell Hindler, and Gabby Micheletti gave comments in person. Jessi Taran and Francisco Ortiz gave comments via teleconference. Discussion ensued.
Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Councilmember Wilson reported attendance to a Library Commission meeting and a Human Rights and Human Relations Commission meeting.
Councilmember Jimenez reported attendance to a Green Empowerment Zone meeting on March 21, 2025, and a meeting with Congressman Garamendi regarding recent federal level events.
Vice Mayor Zepeda announced that he would be hosting the third Annual District 2 Strategy Meeting on March 29, 2025, at the Shields-Reid Community Center from 10:00 a.m. to 1:00 p.m. Vice Mayor Zepeda reported attendance to the following: Shimada students’ arrival; MCE Board meeting; National Rosie the Riveter Day event; Nowruz Celebration; and a Richmond Rainbow Pride event.
Councilmember Robinson reported attendance to the following: a Green Empowerment Zone meeting on March 21, 2025; Urban Forest Advisory Committee meeting; and an Economic Development Commission meeting.
Councilmember Brown reported attendance to the following: Center for Policing Equity meeting regarding improving outcomes for Contra Costa Public Defender clients; Know Your Rights Campaign Kick Off; National Rosie the Riveter Day event; Nowruz Celebration; and the Bay Crossings tour. Councilmember Brown acknowledged Richmond residents Raven Richardson and Brandon Harris for their efforts to offer children walking from school protection. Councilmember Brown congratulated the Richmond High School Marching Band for their first-place win in the San Francisco Chinese New Year Parade.
Mayor Martinez reported attendance to the following: National Rosie the Riveter Day event; Nowruz Celebration; Kiwanis Club Public Safety Awards Dinner; Port tour; meeting with Congressman Garamendi regarding recent federal level events; and a CivicWell Conference.
R. ADJOURNMENT
There being no further business, the meeting adjourned at 10:49 p.m., to meet again on April 1, 2025, at 5:00 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
April 1, 2025, 3:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 3:30 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Jamelia Brown, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Councilmembers Soheila Bana and Claudia Jimenez were absent for the entire meeting.
C. JOINT MEETING OF THE CITY OF RICHMOND/SURPLUS PROPERTY
AUTHORITY MEETING
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
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.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
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments regarding Riggers Loft and spoke in support of favorable union negotiations for city employees.
E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 3:33 p.m. Closed Session adjourned at 5:21 p.m.
F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 5:24 p.m. by Chair Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Chair Eduardo Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Commissioners Jamelia Brown, Doria Robinson, Sue Wilson, Vice Chair Zepeda, Chair Eduardo Martinez, and Tenant Commissioner Scott. Absent:
Commissioners Soheila Bana and Claudia Jimenez were absent for the entire meeting.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler stated that the City Council should approve the Housing Authority Consent Calendar.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chair Eduardo Martinez
Seconded by Commissioner Doria Robinson
Ayes (6): Commissioners Jamelia Brown, Doria Robinson, Sue Wilson, Vice Chair Cesar Zepeda, Chair Eduardo Martinez, and Tenant Commissioner Scott Absent (2): Commissioners Soheila Bana and Claudia Jimenez Passed
L.1 Contract with Door and Window Guard Systems, Inc. for Installation at Nystrom Village
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).
Adopted Resolution No. 2207.
L.2 On Call Contract with Net Electric for services at Nystrom Village 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 201
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