Richmond City Council
June 24, 2025

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, June 24, 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, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
Jaycine Scott, Housing Authority Tenant Commissioner
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!
***REGISTER TO VOTE HERE!!***
https://registertovote.ca.gov/
The last day to register to vote for the June 2, 2026, Primary Election is May 18, 2026 The last day to register to vote for the November 3, 2026, General Election is October 19, 2026 Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
HOW TO WATCH THE MEETING FROM HOME:

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

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

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

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of 2 the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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

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

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

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

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and 3 provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

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

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

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

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Terminal One Development, LLC.

C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLC
Under negotiation: Price and terms of payment
•
Property: 1414 Harbour Way South
Agency Negotiator: Dave Aleshire, City Attorney
Negotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment
•
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Melchor v. City of Richmond
• City of Richmond et al. v. Royal Bank of Canada et al., • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al.

C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Attorney
C.5 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
4:55 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY CONSENT CALENDAR
K.1 Rental Assistance Demonstration (RAD) Program Application for Nystrom Village
17 ADOPT a resolution authorizing the Richmond Housing Authority (RHA) to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support a RAD/Section 18 Blend to the U.S. Department of Housing and Urban Development (HUD) for Nystrom Village - Richmond Housing Authority (Antoinette Terrell/Nannette J.

Beacham 510-620-8764).

L. ADJOURNMENT
_______________________________________________________ 6 M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
5:00 p.m.

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

CLOSED SESSION
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) S. 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)
T. 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.)
T.1 City Attorney's Office
T.1.a Amendments to Richmond Municipal Code Chapter 3.54 to add training component
53 INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Chapter 3.54 entitled “Community Police Review Commission” by adding Section 3.54.110 to establish a training program for commissioners of the Community Police Review Commission – City Attorney’s Office (Dave Aleshire 510-620-6509).

T.2 City Council
T.2.a Appropriation of funds and Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP (A&W) 64 APPROVE a Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP for Fiscal Year 25-26 costing approximately $400,000 per quarter for a total contract amount not to exceed $800,000 and APPROPRIATE $400,000 from the General Fund for Fiscal Year 24-25 for a total annual contract for Fiscal Year 24-25 not to exceed $1,479,626.48 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)/Councilmember Claudia Jimenez(510-620- 6565)/(Councilmember Doria Robinson (510-620-6568).
7 T.3 Community Development
T.3.a On-Call Vendor List for Services in Support of Unhoused Richmond Residents
120
ADOPT a resolution approving eight (8) vendors to provide on-call homeless services, on an as needed basis, for an amount not to exceed $3,000,000 per vendor, for a term beginning July 1, 2025, to June 30, 2026, with an additional one-year optional extension - Community Development Department (Lina Velasco/Jesus M.

Morales 510-620-6649).

T.3.b Intracity Service Agreement Between the City of Richmond Community Development Department, Library, and Employment & Training Division for Encampment Resolution Funding Grant Services 145
APPROVE a two-year Intracity Service Agreement between the City of Richmond Community Development Department, Library, and Employment & Training Division to obligate and appropriate Encampment Resolution Funding Round 3 funds received from the California Interagency Council on Homelessness part of the California Business, Consumer Services and Housing Agency to provide specified services for ERF-3R clients related to program management and coordination, literacy and GED support, income development, job placement, and vocational training – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620-6649/Catherine Casimere 510-620-6764).

T.3.c Sole Source Contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department for ERF–3R Project 183
APPROVE a sole-source contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department to provide project management and support services for people living in ERF-3R eligible encampments onto paths to safe and stable housing and employment opportunities, for a total contract amount not to exceed $4,403,705, and a term extending through June 30, 2027 - Community Development (Lina Velasco/Jesus M. Morales 510-620- 6649).

T.4 Economic Development
T.4.a Resolution to Contract for 2025 Dredging at Terminal 2, Berth’s 7 and 8 of Point Potrero Marine Terminal, and the Marina Bay Yacht Harbor 224
ADOPT a resolution and AUTHORIZE the city manager or their designee to execute a contract agreement of up to $5.8 million with the lowest, responsive, and responsible bidder for maintenance dredging at Terminal 2, the Point Potrero Marine Terminal Berths 7 and 8, and the Marina Bay Yacht Harbor, for a term ending June 30, 2026 - Economic Development Department/Port (Charles Gerard 510-620-6792).
8 T.5 Finance Department
T.5.a Fiscal Year 2025-26 Appropriations Limit 229
ADOPT a resolution approving the Fiscal Year 2025-26
appropriations limits for the City of Richmond pursuant to Article XIIIB of the Constitution of the State of California – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

T.5.b Contract with Meeder Public Funds, Inc. for Investment Management and Advisory Services
237
APPROVE a piggyback contract with Meeder Public Funds, Inc. in an amount not to exceed $465,000 to provide Investment Management and Advisory Services, over a three-year term from July 1, 2025, through June 30, 2028, with an option to extend the contract an additional two years – Finance Department (Andrea Miller 510-620- 6790/ Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).

T.5.c Quarterly Garbage Liens 357
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620-6741) T.5.d Investment Policy Update 392
RECEIVE Investment Policy Certification from the California Municipal Treasurers Association (CMTA) and ADOPT a Resolution updating the City of Richmond Investment Policy incorporating additional CMTA recommendations – Finance Department (Andrea Miller 510-620-6740/Mubeen Qader 510-412-2077/Jerry Gurule 510- 620-6591).

T.5.e Contract with Nicolay Consulting Group to Provide Actuarial Services. 424 APPROVE a contract with Nicolay Consulting Group for actuarial services required for the Closed Pension Plans and the Other Post Employment Benefit Plans, in an amount not to exceed $56,800 over a three-year term, beginning July 1, 2025, and ending June 30, 2028, with two one-year extension options – Finance Department (Andrea Miller 510-620-6740/Mubeen Qader 510-412-2077/Jerry Gurule 510- 620-6591).
9 T.6 Fire Department
T.6.a Memorandum of Understanding (MOU) to Develop a Firewise Demonstration Garden at Fire Station 63
485
ADOPT a resolution to AUTHORIZE the city manager to execute a three-year Memorandum of Understanding (MOU) between the City of Richmond, The Regents of the University of California, and West Contra Costa Fire Safe Council to support and maintain a Firewise Demonstration Garden at Fire Station 63 – Fire Department (Chief Aaron Osorio 510-307-8021).

T.6.b Contract Amendment No. 2 with Matrix Consulting Group 504 APPROVE the second amendment to the contract with Matrix Consulting Group to increase the limit by $35,000, for a total contract amount not to exceed $74,500, and provide further analysis to develop Community Risk Assessment and Standards of Cover – Fire Department (Chief Aaron Osorio 510-307-8021/Deputy Chief Rico Rincon 510-307-8041).

T.7 Information Technology
T.7.a Contract with Tyler Technologies, Inc. for the MUNIS Enterprise Resource Planning (ERP) System
581
APPROVE a contract with Tyler Technologies, Inc., subject to additional revisions as approved by the City Attorney’s Office, for Software as a Service (SaaS) for the MUNIS Enterprise Resource Planning (ERP) System for license use of Financial and Human Resources software for a term of five years, or sixty (60) months, with the amount of $654,102 for year one, and an additional one-time implementation cost of $253,800 that can be used at any time, for a total year-one FY2025-26 amount of $907,902. Annual recuring costs will increase by 5 percent each following year, for a total five-year (5) cost including the additional one-time cost not to exceed $3,868,126 - Information Technology Department (Sue Hartman 510-620-6874).

T.8 Library and Community Services
T.8.a Sole-source Contract with LCPtracker for Cloud-based Labor Compliance Monitoring System
631
APPROVE a sole-source contract with LCP Tracker, a web-based labor compliance monitoring system to track compliance with City of Richmond’s Local Employment Program Ordinance and Business Opportunity Ordinance, with a payment limit of $27,999, with a term beginning July 1, 2025, and ending June 30, 2026 – Community Services Department (Tamara Walker 510-307-8006/LaShonda White 510-620-6828).
10 T.8.b Contract with Trust for Public Land to Support the Design of the Martin Luther King, Jr. Park
685
APPROVE a contract with Trust for Public Land to support the redesign of Martin Luther King Jr. Memorial Park in the amount of $75,000, funded by a Hellman Foundation grant, for a term beginning July 1, 2025, through March 31, 2026 – Community Services Department /Public Works Department (LaShonda White 510-620- 6828/Josef Munoz 510-620-6671).

T.8.c Contract with First Student, Inc. for Multi-Year Summer Camp Bus Transportation Services
717
APPROVE a three-year contract with First Student, Inc. to provide bus transportation services for the Summer camp excursions in an amount not to exceed $65,000, and for a term beginning July 1, 2025, and ending December 31, 2027 – Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510- 620-6972/Troy Porter 510-620-6822).

T.8.d Purchase Walking Floor Scrubber from Waxie Sanitary Supply 790 APPROVE a purchase with Waxie Sanitary Supply for an intelligent cleaning equipment walking-floor scrubber for the Richmond Memorial Auditorium in an amount not to exceed $12,536.65 - Community Services Department (Kymberlyn Carson-Thrower 510- 620-6789/ Ranjana Maharaj 510-620-6972/LaShonda White 510- 620-6512).

T.9 Police Department
T.9.a Crime Report from Police Chief 799
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

T.10 Public Works
T.10.a Contract for the Purchase of 12 Fleet Vehicles from Folsom Lake Ford
807
APPROVE a contract with Folsom Lake Ford to purchase twelve (12) 2025 Ford Interceptors for a total payment limit of $936,000, with a term beginning July 1, 2025, and expiring May 10, 2026 – Public Works Department (Darin Fitzpatrick 510-231-3044/Daniel Chavarria 510-620-5478).
11 T.10.b Contract with GHD and NEXGEN for Asset Inventory, Condition Assessment, and Customized Management System
829
ADOPT a resolution to APPROVE a three-year contract beginning July 1, 2025, through June 30, 2028, with GHD for asset inventory, condition assessment, and development of a 5-Year Capital Improvement Plan for City buildings and parks amenities in an amount not to exceed $1,250,000, and a not-to-exceed amount of $500,000, in the subsequent years, with two one-year extension options in an amount not-to-exceed $500,000 and APPROVE a three-year contract beginning July 1, 2025, through June 30, 2028, with NEXGEN for further development of, and annual subscriptions to, a customized asset management system in an amount not to exceed $500,000, annually, with two one-year extension options in an amount not-to-exceed $500,000 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

T.10.c Contract Amendment No. 1 with Azul Works, Inc. for the Shields-Reid Park Improvement Project
893
ADOPT resolution and APPROVE the first amendment to the contract with Azul Works, Inc. to increase the construction contingency for the Shields-Reid Park Improvement Project by $400,000, from $408,824 to $808,824, for a revised total payment limit of $4,897,064.31, and AUTHORIZE the public works director to approve change orders within this amended amount – Public Works Department (Darcie DeLashmutt 510-672-3944/Robert Armijo 510- 620-5477).

T.10.d Purchase Two (2) Ford Transit Vans from Mind OC 967 ADOPT a resolution and APPROVE a sole-source purchase of two (2) Ford Transit Vans from Mind OC with a payment limit of $125,000, which includes a $20,000, contingency for taxes, licensing fees, and transport – Public Works Department (Darin Fitzpatrick 510-231-3044/Daniel Chavarria 510-620-5478).

T.10.e Construction Agreement with C. Overaa & Co. for Curb and Concrete Repair
991
ADOPT a resolution approving a construction agreement with C.

Overaa & Co. for the 2025 Curb Ramp Construction, Americans with Disabilities Act (ADA) Sidewalk, and Miscellaneous Concrete Repair Project in an amount not to exceed $1,547,000; and AUTHORIZE the director of public works to approve change orders, if necessary, for a contingency amount of up to $309,400 (20 percent), for a total not-toexceed amount of $1,856,400 – Public Works Department (Dan Santos 510-620-6645/Robert Armijo 510-620-5477).
12 T.10.f Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans and CSWST2 for Transportation Design Services
1058
ADOPT a resolution awarding five on-call contracts for transportation design services and extensions to the following consultants—GHD, Kimley-Horn & Associates, Fehr & Peers, W-Trans and CSWST2—in an amount not to exceed $1,000,000 per firm, per year, for a threeyear term, beginning July 1, 2025, through July 30, 2028, with two optional one-year extensions – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510-620-5477).

T.10.g Purchase of Three (3) Frontline Fire Apparatus from Hi-Tech Emergency Vehicle Services
1286
ADOPT a resolution approving a sole-source purchase of one (1) Heavy Rescue Apparatus, one (1) Type 6 Wildland Pumper in the amount of $2,500,000 and one (1) Ladder/Tiller Truck Spartan/LTC 100’ TDA + HiTech in the amount of $2,822,273 for use by the Richmond Fire Department for a total amount not to exceed $5,322,273 from HI-Tech Emergency Vehicle Service (HI-Tech EVS) – Public Works Department/Fire Department (Darin Fitzpatrick 510- 231-3044/Chief Aaron Osorio 510-307-8021).

T.10.h Purchase of a Mower from San Mateo Lawn Mower 1302 ADOPT a resolution approving a purchase with San Mateo Lawn Mower for four (4) Toro 6000 Series mowers for a cost not-to-exceed $72,200, to provide more efficient weed abatement services within City rights-of-way – Public Works Department (Darin Fitzpatrick 510- 231-3044).

U. BUDGET SESSION
U.1 Adopt Fiscal Year (FY) 2025-26 Operating Budget and FY 2025-26 to FY 2029- 30 Five-Year Capital Improvement Plan
1316
ADOPT resolutions approving: (1) Fiscal Year (FY) 2025-26 Proposed Operating Budget, and (2) FY 2025-26 to FY 2029-30 Proposed Five-Year Capital Improvement Plan Budget – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/ Nickie Mastay 510-620-6609/ Andrea Miller 510- 620-6790/Mubeen Qader 510-412- 2077).

V. PUBLIC HEARINGS
V.1 Approval of Engineer’s Report and Intent to Levy Assessments for Hilltop Landscape Maintenance District (HLMD) for Fiscal Year (FY) 2025-2026 1388
HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report for the Hilltop Landscape Maintenance District (HLMD) for the Fiscal Year 2025-2026, providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Jason Lacey 510-620-6920).
13 V.2 Approval of Engineer’s Report and Intent to Levy Assessments for Marina Bay Landscape and Lighting Maintenance District (MBLLMD) for Fiscal Year (FY) 2025-2026
1481
HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report for the Marina Bay Landscape and Lighting Maintenance District (MBLLMD) for the Fiscal Year 2025-2026, providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Jason Lacey 510-620-6920).

W. STUDY AND ACTION SESSION
W.1 Presentation from the Bay Area Air Quality Management District (BAAQMD) on the Air District’s Community Investments
1583
RECEIVE a presentation from the Bay Area Air Quality Management District (BAAQMD) on the Air District’s Community Investments - Councilmember Doria Robinson (510-620-6568)/Mayor Eduardo Martinez (510-620-6503).

W.2 New Solid Waste Collection Agreement with Richmond Sanitary Sewer Services
1604
AUTHORIZE the city manager to execute an agreement with Richmond Sanitary Services inc., a subsidiary of Republic Services inc., for solid waste collection services and a Collection Agreement Side Letter for use of the Rate Stabilization funding; ADOPT a resolution to update the 2025 solid waste collection rates beginning July 1, 2025, until the first rate increase in the new Collection Agreement on January 1, 2027; and APPROPRIATE $500,000 from Fiscal Year 2024-25 to be used in Fiscal Year 2025-26 upon fully executed Collection Agreement and Side Letter – Economic Development Department (Samanatha Carr 510-620-5407).

W.3 Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years.
1789
RECEIVE a written update on the Richmond Green-Blue New Deal project prioritization process and APPROVE the top five priority projects - Economic Development Department (Yahna Williamson 510-620-6574/Samantha Carr 510-620-5407/ Nannette Beacham 510-620-1306). This item was continued from the June 17, 2025, meeting.

W.4 Amendment of the City’s Tobacco Retailers Moratorium 1935 RECEIVE a report from staff regarding their findings of potential legacy noncompliant tobacco retailers that meet City Council’s expressed criteria for an exception to the current tobacco retailers moratorium, and CONSIDER whether to INTRODUCE an ordinance Amending Ordinance No. 03-25 as amended that would allow identified long-time Richmond-based retailers who once held a City tobacco retailers license to obtain such license during the moratorium — Community Development Department/Code Enforcement Division (Lina Velasco/ Eva Mann/Kevin Tisdell 510-621-1283).
14 W.5 Develop and Launch a 6-month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews
1994
DIRECT staff to identify a funding source and issue a Request for Proposals (RFP) to identify a nonprofit partner to launch a 6-month pilot program workingtitled “Clean Richmond” Community Maintenance Crew. The program will prioritize Transitional Age Youth (TAY) and sunset six months after the start date. During the pilot period, staff will hire four full-time equivalent (FTE) positions in Public Works – Councilmember Jamelia Brown (510-412-2050).

This item was continued from the June 17, 2025, meeting.

W.6 Presentation from Futuro Health -Healthcare Career Training 1999 RECEIVE a presentation from Futuro Health and ADOPT a resolution authorizing the allocation of up to $22,700 from an identified funding source to eliminate financial barriers for up to 100 Richmond residents accepted into Futuro Health career training programs by covering mandatory application, background check, and drug screening fees - Councilmember Jamelia Brown (510-412-2050)/Councilmember Sue Wilson (510-609-2111).

W.7 Select and Adopt an Official Tree of the City of Richmond 2013 DISCUSS with City Council and PROVIDE DIRECTION to work with the sponsors of this item and the Urban Forest Advisory Committee to create a list of native trees, draft and publish an online survey, conduct survey outreach to collect votes from Richmond residents, report back on its findings to City Council by the first meeting in October and no later than Arbor Day, the third Wednesday of October, to announce the winner, and APPROPRIATE up to $5,000 towards any cost associated with the creation of the City of Richmond Official Tree Survey and survey outreach and promotion, purchasing and planting new tree at Civic Center on Arbor Day - Vice Mayor Cesar Zepeda (510-620-6593)/Councilmember Doria Robinson (510-620-6568)/Mayor Eduardo Martinez (510-620-6503). This item was continued from the June 17, 2025, meeting.
15 W.8 Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations
2015
DIRECT City staff to work with the Historic Preservation Commission and community groups to:

Formalize and publicly share a verified list of city-owned historic buildings and historically significant locations.
•
Create a process to accept nominations, review and if warranted, install commemorative signage on City-owned historic structures and important locations of cultural memory (e.g., the former site of the International Hotel). Additionally, the City should offer to coordinate and assist with the installation of plaques or historical markers for privately owned historic buildings and sites, provided the property owners are willing. This will help commemorate important places regardless of ownership and ensure the community's history remains visible and celebrated.
•
Develop and implement basic preservation measures to protect cityowned historic buildings from vandalism and fire damage. •
Explore grant and partnership opportunities to support preservation efforts, with support from the Historic Preservation Commission and local history organizations.
•
Create a staff led and City Council approved process to evaluate whether any of the identified historic buildings require additional sitespecific protection measures that would involve new budget allocations. Rather than mandating uniform maintenance rules, evaluate each structure’s preservation needs individually, based on historical significance, community interest, and available resources. •
Provide a status update to the City Council within 180 days on progress made, challenges encountered, and next steps for implementation -
•
Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-672-1387). This item was continued from the June 17, 2025, meeting.

X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Y. ADJOURNMENT
________________________
16

June 24, 2025
Economic Development
Richmond Housing Authority (RHA)
DATE: June 24, 2025
TO: Chair Martinez and Members of the Board of
Commissioners of the Richmond Housing Authority
(RHA)
FROM: Nannette J. Beacham, Economic Development Director Antoinette Terrell, Executive Director 510-620-8764
Subject: Rental Assistance Demonstration (RAD) Program
Application for Nystrom Village
FINANCIAL IMPACT: Submission of the RAD application to the U.S.

Department of Housing and Urban Development (HUD)
is part of RHA’s asset repositioning efforts and will
reduce RHA’s total public housing assets. The
application submittal facilitates efforts to implement
provisions in the Public Housing Agency Recovery and
Sustainability (PHARS) agreement and will provide an
increase in operating subsidy to the affordable housing project, making it more financially stable.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

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

AGENDA
REPORT
17

June 24, 2025
RECOMMENDED ACTION: ADOPT a resolution authorizing the Richmond Housing Authority (RHA) to submit a Rental Assistance
Demonstration (RAD) application and any Section 18
Disposition application elements required to support a
RAD/Section 18 Blend to the U.S. Department of
Housing and Urban Development (HUD) for Nystrom
Village - Richmond Housing Authority (Antoinette Terrell/ Nannette J. Beacham 510-620-8764).

DISCUSSION:

Richmond Housing Authority’s (RHA) mission is to ensure the provision of quality, safe, and sanitary housing for very low-income individuals and families in the City of Richmond through the administration of the Low-Income Public Housing Program.

Nystrom Village, situated at 222 Marina Way South, consists of 100 units, including 52 duplexes, which accommodate both families and individuals. This property is currently owned and managed by RHA.

On December 4, 2018, the Richmond Housing Authority (RHA) Board of Commissioners directed staff to initiate the asset repositioning of RHA’s public housing portfolio. Since then, RHA has made measurable progress in modernizing the housing stock and expanding access to safe, high-quality, and affordable housing for Richmond residents.

Two cornerstone projects—Hacienda Heights and Nevin Plaza—highlight this transformation. Hacienda Heights, redeveloped in partnership with Mercy Housing and Community Housing Development Corporation, is now a fully occupied 150-unit affordable housing community that exemplifies public-private collaboration. Nevin Plaza Phase I, developed with EAH Housing, recently completed major renovations in mid2025 and is actively leasing, offering deeply affordable, service-rich housing for seniors and vulnerable populations. In addition, RHA worked on transferring the RHA Administrative Building to the City of Richmond. RHA submitted the disposition application to HUD’s Special Applications Center (SAC) and it was approved. The RHA Administrative Building is now owned by the City of Richmond and used for the RichmondBuild Employment and Training Division programs. These initiatives reflect RHA’s strategic vision and commitment to equity, while advancing core goals:
preserving rental housing opportunities, maximizing federal investment, and sustaining a high-performing, community-centered housing authority.

The current application for the Rental Assistance Demonstration (RAD) program will initiate the transition from public housing operating subsidies to project-based Section 8 vouchers. This conversion of units is an integral part of the broader repositioning strategy for Nystrom Village. The submission of this application is in accordance with the Public Housing Agency Recovery and Sustainability (PHARS) Agreement with HUD Task 4 (Attachment 1).

To engage the community, staff have begun informing residents about the application process. Certified mailings were sent to residents, including the General Information 18

June 24, 2025
Notice (GIN) and the Resident Information Notice (RIN), outlining their rights under the RAD Program. Recent community meetings were held in person at the Richmond Library’s Madeline F. Whittlesey Community Room and on Zoom on Tuesday, May 27, 2025, at 12:30 p.m. and 5:00 p.m., and on Tuesday, June 6, 2025, at 12:00 p.m. During these sessions, staff delivered a PowerPoint presentation, distributed fact sheets, and facilitated a Q&A to address residents’ concerns (Attachment 2). All relevant materials are available to tenants at the Nystrom Village Maintenance offices and 450 Civic Center, 2nd Floor, Richmond, CA 94804.

RHA staff are recommending that members of the Board of Commissioners adopt a resolution authorizing the RHA to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support a RAD/Section 18 Blend to the U.S. Department of Housing and Urban Development (HUD) for Nystrom Village (Attachment 3)
DOCUMENTS ATTACHED:

Attachment 1 - PHARS Agreement
Attachment 2 - Community Meeting Materials (Agenda, PowerPoint, Fact Sheets) Attachment 3 - Resolution
19 20
21 22
23 24
25 26
27 COMMUNITY

MEETINGS
Located at:

Richmond Public Library
Madeline F. Whittesey Room
325 Civic Center Plaza
Richmond, CA 94804

MORE INFORMATION
(510) 621-1300
[email protected]
TUESDAY, MAY 27, 2025
12:30PM-2:00PM
5:00PM-6:30PM

NYSTROM VILLAGE
Or By Zoom
12:30PM Meeting
Zoom Webinar ID: 893 7489 1749
Password: 597914
5:00PM Meeting
Zoom Webinar ID:842 8603 0609
Password: 527783
Richmond Housing Authority
(RHA) is converting units to
project-based Section 8 through
a Resident Assistance
Application. Come learn more
and share your feedback!
OR
28 COMUNIDAD

REUNION
Ubicado en:

Sala Madeline F. Whittesey de la
Biblioteca Pública de Richmond
325 Civic Center Plaza
Richmond, CA 94804
MÁS INFORMACIÓN
(510) 621-1300
[email protected]
MARTES 27 DE MAYO DE 2025
12:30 PM - 2:00 PM
5:00 PM - 6:30 PM

NYSTROM VILLAGE
O únete por zoom
12:30PM
ID de reunión: 893 7489 1749
contraseña: 597914
5:00 PM
ID de reunión: 842 8603 0609
contraseña: 527783
La Autoridad de Vivienda de
Richmond (RHA) está convirtiendo
unidades a la Sección 8 basada en
proyectos mediante una Solicitud de
Asistencia para Residentes. ¡Ven a
conocer más y comparte tu opinión!
O
29 COMMUNITY

MEETINGS
Located at:

Richmond Public Library
Madeline F. Whittesey Room
325 Civic Center Plaza
Richmond, CA 94804

MORE INFORMATION
(510) 621-1300
[email protected]
FRIDAY, JUNE 6, 2025
12:00PM-1:30PM

NYSTROM VILLAGE
Or By Zoom
Zoom Webinar ID: 842 9473 5323
Password: 937221
Richmond Housing Authority
(RHA) is converting units to
project-based Section 8 through
a Resident Assistance
Application. Come learn more
and share your feedback!
30 COMUNIDAD

REUNION
Ubicado en:

Sala Madeline F. Whittesey de la
Biblioteca Pública de Richmond
325 Civic Center Plaza
Richmond, CA 94804
MÁS INFORMACIÓN
(510) 621-1300
[email protected]
VIERNES 6 DE JUNO DE 2025
12:00 PM - 1:30 PM

NYSTROM VILLAGE
O únete por zoom
ID de reunión: 842 9473 5323
contraseña: 937221
La Autoridad de Vivienda de
Richmond (RHA) está convirtiendo
unidades a la Sección 8 basada en
proyectos mediante una Solicitud de
Asistencia para Residentes. ¡Ven a
conocer más y comparte tu opinión!
31 Rental Assistance Demonstration (RAD)
Community Meeting
May 27, 2025
1 32
Agenda

1. Introductions

2. RAD Program Overview

3. Resident Engagement & Notices
a. Resident Meetings
b. Resident Information Notice
(RIN)
c. General Information Notice
(GIN)

4. Next Steps

5. Questions
33 2
What is RAD?
Rental Assistance Demonstration (RAD) was
established in 2011 to maintain and enhance
affordable housing supported by the U.S. Department
of Housing and Urban Development (HUD). Across the
country, public housing authorities use RAD to
improve public housing by converting properties to
long-term Project-Based Section 8 contracts.

Here are the possible changes to properties: • Minor renovations can occur with little disruption, allowing residents to remain in their units.
• Major renovations might require temporary
relocation for some residents.
• If a property is torn down, residents will move to
another affordable housing option.
34 3
Why is a RAD Conversion Happening?
 The federal government does not allocate enough funding for the necessary improvements that residents of public housing deserve. Public Housing Authorities (PHAs) across the country are confronting over $40 billion in needed repairs.
 The RHA has faced some difficulties and is labeled as a “troubled” Housing Authority. Since February 5, 2013, we have been working with HUD (the Department of Housing and Urban Development) to get back on track and ensure a stable future. A major part of this effort involves making improvements to our Public Housing properties.
 The RAD program helps housing authorities gain additional funding for maintaining and updating public housing. HUD encourages local authorities to use RAD to ensure a stable funding stream for ongoing improvements. 35
Goals of the RAD Conversion
• Make sure that families living in Public Housing can afford their homes for a long time and feel secure in their living situation.
• Take care of the upkeep and maintenance needs of the buildings now and in the future.
• Ensure that current residents gain benefits from any changes and that their rights are protected and strengthened.
• Your housing will continue to be affordable for low-income families. Every 20 years, the government and the property owner will review and renew their agreements.
36 RAD Core Principles
#1 - RAD is designed to secure the long-term
affordability of converting properties.
# 2 - Properties converted under RAD must be
owned or controlled by a public or non-profit
owner.
#3 - Ensure current residents benefit from the
conversion
#4 - Retain and Strengthen Resident Rights
37 6
Residents
Right to
Remain and
Right of
Return
7 No Resident may be
permanently, involuntarily
displaced.

Resident will remain in place
and cannot be rescreened
when admitted into the
Section 8 Program.
38 Residents’ Rights:

No Rescreening at the time of conversion
8 A Conversion under RAD cannot be the basis for an eviction or loss of rental assistance.

Residents may not be rescreened as a result of the RAD
conversion. This includes screening for income, criminal background, and credit.

Following conversion, residents will be protected by
standard Section 8 requirements related to tenancy.
39 Residents’ Rights:

After-Conversion Resident Rents
• Resident rents remain affordable after conversion.
• Under the Section 8 programs, residents pay 30% of their adjusted gross income in rent. This is mostly true for public housing residents except those paying a “flat rent.”
• If tenant rent would increase by more than the greater of 10% or $25 per month, the rent increase will be phased in over 3 or 5 years.
40 9
Resident Engagement & Notices
Requirement?
10 Resident Meetings
Resident Information Notice (RIN)
General Information Notice (GIN)
41 Resident Engagement & Notices
11 Resident Information Notice (RIN)
&
General Information Notice (GIN)
• Notices contact language required by
United States Department of Housing and
Urban Development (HUD).
• RIN is a notice required by the RAD
program. It further explains the residents’
rights discussed previously.
• GIN is required by the Uniform Relocation
Act (URA). This provision mostly relates to
permanent relocation (more than 12
months).

Resident Meetings
• The public housing authority (PHA) must
hold multiple meetings with residents
before conversion, including at least two
before applying to HUD.
• Before submitting a Financing Plan, the
PHA must meet with residents two more
times.
• These meetings aim to share information
about the proposal, gather resident
feedback, and answer questions.
42 Next Steps:

Conversion Timeline
12 We are
Here
43 Next Steps: More Information
RAD Resident Fact Sheets
https://www.hud.gov/RAD/residents/ResidentFactSheets
44 13
Thank You & Questions
For more information visit: www.hud.gov/rad
Richmond Housing Authority
450 Civic Center Plaza, 2nd Floor
Richmond CA 94802
Phone: 510-621-1300, Email: [email protected] ,
Website: www.rhaca.org
45 14

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

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

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

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

Rental Assistance Demonstration (RAD)
FACT SHEET #1
RAD Overview
46

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

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

These and many other topics are covered in the remaining fact sheets. 47

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

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

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

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

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

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

If construction at your property takes longer, the PHA may offer you other housing options, such as another public housing unit or a tenant-based voucher that you can use to rent a qualifying home you choose and continue paying 30% of your income towards rent. (For more information, see Fact Sheet #9: RAD and Relocation)
Fact Sheet #1: RAD Overview
48

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

How Can I Be Involved?
HUD encourages residents and their PHAs to work together during the RAD conversion process. PHAs are required to hold meetings with residents and send notices at various stages in the conversion process to educate residents about RAD and provide updates on plans. Once the RAD application has been accepted, HUD encourages PHAs to hold quarterly meetings with residents. During these meetings, you can learn about the conversion plans, ask questions, express concerns, and provide comments. The PHA must submit your comments and its responses to HUD. (For more information, see Fact Sheet #5: Resident Engagement and Consultation)
Fact Sheet #1: RAD Overview
49

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

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

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

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

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

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

The 181-unit senior apartment building was the first RAD conversion by the Chicago Housing Authority. 50 Reso. No. ____

DocID #46348v1
RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE

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

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

HOUSING AND URBAN DEVELOPMENT FOR NYSTROM VILLAGE
WHEREAS, Richmond Housing Authority (RHA) entered into a Public Housing Authority Recovery and Sustainability (PHARS) Agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and to provide quality service to local program participants; and WHEREAS, on December 4, 2018, the RHA Board of Commissioners directed staff to move forward with repositioning RHA's public housing developments and other real estate holdings; and
WHEREAS, Nystrom Village is owned and managed by Richmond Housing Authority; and
WHEREAS, a PHARS Agreement between RHA and HUD calls for the repositioning of Public Housing included in Nystrom Village; and
WHEREAS, in order for RHA to move forward in repositioning Nystrom Village, a Rental Assistance Demonstration Program (RAD) application needs to be submitted and approved by HUD; and
WHEREAS, HUD provides for circumstances the RAD program may be blended with the Section 18 Disposition program to facilitate repositioning of public housing; and WHEREAS, resident community meetings were held in-person at the Madeline F.

Whittlesey Community Room and online on Tuesday, May 27, 2025, and Tuesday, June 6, 2025, to explain the RAD application process and answer questions; and WHEREAS, RHA has completed the application requirements for a RAD application in accordance with RAD Notice Revision 4 (H 2019-09 PIH 2019-23).

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the RHA is authorized to submit a RAD application for Nystrom Village and any Section 18 Disposition application elements required by HUD to support blending RAD and Section 18 Disposition programs. 51 Reso. No. ____

DocID #46348v1
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 June 24, 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 June 24, 2025. ____________________________________

CLERK OF THE HOUSING AUTHORITY
52 01337.0010 2012738.2 Page 1 of 9
(June 24, 2025)
DATE: June 24, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Floy Andrews, Counsel for CPRC
Subject: Amendments to Richmond Municipal Code Chapter 3.54 to add training component
FINANCIAL IMPACT: Training for Commissioners will be funded from the CPRC’s budget and will cost approximately $15,000 per
year, until a permanent investigator is hired. Thereafter the permanent investigator will provide training. Account string 01121011-400201

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Richmond’s Community Police Review Commission is an
independent civilian oversight body focused on the
Richmond Police Department. Proper training is essential to ensure all Commissioners have the necessary
knowledge to make well-informed, fair, equitable, and
unbiased decisions when reviewing complaints from
members of the community or police officer actions.

Requiring robust training will foster trust within the
community and the Richmond Police Department.

RECOMMENDED ACTION: INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Chapter 3.54 entitled
“Community Police Review Commission” by adding
Section 3.54.110 to establish a training program for
commissioners of the Community Police Review
Commission – City Attorney’s Office (Dave Aleshire 510- 620-6509).

DISCUSSION:

AGENDA
REPORT
53 01337.0010 2012738.2 Page 2 of 9
(June 24, 2025)
The Richmond Community Police Review Commission (“CPRC”) was established in 1984, then known simply as the Police Review Commission. Its purpose was, and still is, “to advise the City Council, City Manager and Chief of Police on all matters pertaining to the administration of the Richmond Police Department.” In 1985 the City amended its Municipal Code to appoint a Police Commission Investigator to “conduct investigations for citizen complaints alleging misconduct by Richmond Police Officers.”1 The Richmond CPRC has now been conducting investigations of citizen complaints for over 40 years.

After first discussing Commissioner training in the fall of 2024, CPRC Commissioners expended substantial time researching the practices of other police oversight entities, both in the Bay Area region and throughout the state to understand how other jurisdictions exercise civilian oversight of their local policing agencies. That effort revealed that many agencies require newly appointed Commissioners to participate in essential training upon joining the Commission, and that some require annual refresher training for sitting Commissioners to ensure effective police oversight. To ensure the CPRC has the capacity to do so, the body must be equipped with the tools to conduct thorough and impartial reviews of policing activity in the City and a fundamental knowledge of applicable standards. Training on matters such as: appropriate investigative review procedures; fundamentals of evidence and due process; recognizing bias and implicit bias; Constitutional Rights and Civil Liberties; deescalation tactics, the Public Safety Officer Procedural Bill of Rights, and Richmond Police Department’s policies, practices and procedures, and the history of the CPRC and civilian oversight, generally, is essential.

The CPRC unanimously voted in April of this year to request that the City Council amend the Commission’s enabling ordinance, Chapter 3.54 of the Richmond Municipal Code, to require that newly appointed Commissioners receive essential training within their first six months’ of appointment, and that sitting Commissioners receive annual refresher trainings, and other specialized trainings as needed.

National Association for Civilian Oversight of Law Enforcement The National Association for Civilian Oversight of Law Enforcement (“NACOLE”) was established in 1995. It is a national organization “dedicated to promoting greater accountability through the establishment or improvement of citizen oversight agencies.” Training is a core component of its expertise and offerings, especially for new members.

1 This past November former Richmond Councilmember, James McMillan, was laid to rest. He served on the City Council for over a decade from 1983 through 1995. As a Richmond Councilmember, he played a crucial role is establishing the Police Commission, and led efforts in department-wide reform. He was known for “combating racism and police misconduct.”
54 01337.0010 2012738.2 Page 3 of 9
(June 24, 2025)
“Providing new members with the information they need to perform effectively is a critical step in the development of a strong board or commission.”2 NACOLE advises that new commissioners receive training on the following topics:
- civilian oversight including an historical account of the establishment of their oversight agency and its evolution
- the commission’s establishing ordinance, as well as a review of the variety of models of civilian oversight
- laws governing public records and public meetings, as well as confidentiality requirements
- state and local laws that affect officers’ rights and privacy - case law on stops and detentions, searches and seizures and the rights of an arrestee
- steps in the criminal justice process including arrest, booking, arraignment, bail, hearings, and trial
- police practices and procedures, including patrol, rules of conduct, procedures for detention, arrest, booking, transport, and provision of medical care - use of force guidelines including defensive tactics, takedown and pain compliance maneuvers, handcuffing techniques, baton use, use of less lethal and restraint devices, and use of firearms
- procedures for the investigation and review of shootings and in-custody deaths, first amendment activities, and policies for dealing with mentally disturbed individuals and people under the influence of drugs or alcohol3
NACOLE advises that commissioners should become “familiar with the history, culture, and concerns of the communities served by the law enforcement agency, in particular the public’s potential concern with biased based policing and racial profiling.”4 Finally, NACOLE suggests that commission members should receive specific training on their oversight agency’s operations and procedures including complaint intake, investigation, mediation and disciplinary procedures; evaluating credibility, reaching findings and due diligence requirements; procedures for hearings and meetings; and developing policy recommendations.5

2 https://www.nacole.org/recommended_training_for_board_and_commission_members (accessed 6/14/25) 3 Id.
4 https://www.nacole.org/faqs under question “What should the qualifications and training be for oversight practitioners?” (accessed 6/16/25)
5 Id.
55 01337.0010 2012738.2 Page 4 of 9
(June 24, 2025)
Ride-alongs with members of the local police agency should also be provided to commission members.6 A complete list of NACOLE’s suggested training is included at the end of this report.

CPRC Suggested Training Content
The CPRC considered the following proposed curriculum, which aligns with practices used by other police oversight agencies and reflects NACOLE’s standards, and suggested provider(s) in its recommendation to Council that a training requirement be added to the Commission’s enabling ordinance:

Proposed Curriculum
Annual Training Trainer/Consultant/Provider
Standard of Investigation Review John Alden - Director of IOLERO Fundamentals of procedure, evidence,
and due process; implicit biases
NACOLE
RPD’s Policies, Practices, and
Procedures on all automatic triggers for
review
- Batons
- Canine Uses
- Tasers
- WRAP Device
- Firearms
Chief of Police or designee
RPD De-escalation Tactics Chief of Police or designee
Constitutional Rights and Civil Liberties NACOLE
The Public Safety Officers Procedural Bill
of Rights Act
Webinar/ACLU
Specialized Training Trainer/Consultant/Provider
Understanding Police Union Contracts,
Labor Rights
ACLU / Independent Case Work
Best Practices Handcuffing; restraints;
detention and arrests of persons
OIR group

6 Id. at note 2.
56 01337.0010 2012738.2 Page 5 of 9
(June 24, 2025)
Best Practices Search and Seizure of
Persons and Property
OIR Group
Optional Training Trainer/Consultant/Provider
Ride Alongs RPD
Examples from other California Cities
City of Anaheim
The Police Review Board of the City of Anaheim’s annual report dated March 2024,7 states that its members receive training in a range of topics related to “legal standards, administrative procedures, and investigation protocols,” including:
- History of police oversight in Anaheim and civilian oversight’s evolving role - Fourth Amendment
- Terry v. Ohio (police authority to detain)
- Graham v. Connor (thresholds for police use of force) - 835a Penal Code (officer authority to use force) 1
- 148a Penal Code (law prohibiting obstructing or resisting officers in the performance of their duties)
- Anaheim Police Department Policies
- Police interaction simulation training
Additionally, various board members have attended the Nacole annual event every year since 2018.8
City of Berkeley
The City of Berkeley’s enabling ordinance for its Police Accountability Board requires and logs Board member training based on the following:

Board member training; At will Status; Oath of Maintaining Confidentiality. (a) The Director of Police Accountability shall establish mandatory training requirements for Board members. Within the first six (6) months of appointment, at a minimum, each Board member shall receive forty (40) hours of training on the following:
(1) Quasi-judicial duties and obligations of the Board; (2) Constitutional rights and civil liberties;
(3) Fundamentals of procedure, evidence and due process; (4) The Public Safety Officers Procedural Bill of Rights Act;

7 https://www.anaheim.net/DocumentCenter/View/58935/Anaheim-PRB-Fourth-Annual-Report-2024 (p9) 8 Id. at p10.
57 01337.0010 2012738.2 Page 6 of 9
(June 24, 2025)
(5) Police Department operations, policies, practices, and procedures; and (6) Duties, responsibilities, procedures and requirements associated with all ranks and assignments.

The Director of Police Accountability shall develop training provided to Board members.

The Chief of Police and a representative from the Berkeley Police Association shall have input on training provided to Board members and shall have the opportunity to attend all training provided.9
Los Angeles County
Los Angeles County includes the following in their Sherrif’s Civilian Oversight Commission enabling ordinance:

Each commission member must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The training program shall be robust and cover constitutional policing including such topics as use of force, firearms, custody, mental health issues, juvenile justice and patrol. Each commission member shall actively participate in the ongoing training program.10
City of Oakland
The CPRC of the City of Oakland publishes an Annual Report. The 2023-2024 report relies on its Director of Special Investigations and Training for training. It indicates that topics of lectures and trainings include:
- Civil rights laws and constitutional protections
- Ethical guidelines and conflict-of-interest policies. - Confidentiality and data protection protocols
City of Santa Ana
The Santa Ana Municipal Code includes the following training requirement for members serving on the Police Oversight Commission:
“No later than ninety (90) days after appointment, each member shall:

1. Receive training in relevant subject matters, including, but not limited to, the Police Department's operations, policies, practices, procedures related to the following: internal affairs investigations; authorized uses of force, including the use of deadly force, control devices, and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties,

9 https://berkeley.municipal.codes/Charter/125 (accessed 6/15/2025) 10 https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId= TIT3ADCOCO_CH3.79SHCIOVCO
58 01337.0010 2012738.2 Page 7 of 9
(June 24, 2025)
responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the Independent Oversight Director.

2. All training shall be predominantly obtained from independent, third-party bodies or institutions that have experience with internal affairs of police departments and civilian review investigations and audits.

3. Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043), state use of force standards, police union contracts, labor rights, in-person implicit bias training, and best practices for conducting investigations.

Members of the Commission, may, but are not required to, participate in a ride-along with the Santa Ana Police Department.11
NACOLE’s extensive suggested training for new commissioners includes:12

1. Civilian Oversight of Law Enforcement

1. Civilian Oversight of Law Enforcement

2. Models of Civilian Oversight

2. Local Oversight Agency

1. Historical Account Leading to establishment of the oversight agency

2. Charter, Ordinance, Municipal Code establishing oversight agency

3. Community Expectations of Oversight Agency

4. Local Government Expectations of Oversight Agency

3. Legal Considerations

1. Public records and public meeting laws

2. Confidentiality requirements

3. State / Local Laws relating to peace officers’ personnel actions, rights and privacy

4. Case law concerning stops & detentions, search, seizure and arrest, rights of arrested persons

11 https://library.municode.com/ca/santa_ana/codes/code_of_ordinances?nodeId= PTIITHCO_CH2AD_ARTIVOFDEBOCO_DIV16POOVCOhttps://library.municode.com/ca/santa_ana/codes/ code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTIVOFDEBOCO_DIV16POOVCO 12 Id.
59 01337.0010 2012738.2 Page 8 of 9
(June 24, 2025)

5. Steps in the criminal justice process: arrest, booking, arraignment, bail, hearings, trial

4. Local Law Enforcement Agency

1. Organization, history, and cultural evolution of the law enforcement agency

1. Role and responsibilities of patrol, custodial and specialized units

2. Chain of command and supervisory responsibilities

3. Written communication system and training procedures

2. Patrol practices and procedures

1. Duties of patrol officers, sergeants and managers

3. Rules of conduct for officers

4. Agency procedures re: detentions and searches of persons and vehicles

5. Booking, custody and prisoner transport procedures

1. Medical screening

2. Handling and processing of prisoner property

6. Juvenile procedures

7. Traffic stop procedures

8. Use of force guidelines and procedures (lethal and non-lethal). For example,

1. Defensive tactics

2. Takedown and pain compliance holds and maneuvers

3. Handcuffing techniques

4. Baton use

5. Use electronic control devices, OC spray, and restraint devices

6. Firearms

9. Investigation and review of shootings and in-custody deaths

10.First amendment activities

11.Training, resources and procedures for dealing with mentally disturbed individuals and individuals under the influence of drugs or alcohol

12.Community and cultural awareness

1. Understanding the history, culture, and concerns of
communities served by the law enforcement agency

13.Community relations and outreach

14.Biased based policing / racial profiling

15.The complaint, investigative and disciplinary processes 60 01337.0010 2012738.2 Page 9 of 9
(June 24, 2025)

16.Mediation of complaints

17.Evaluating credibility and reaching findings

18.Procedures and practices for misconduct investigations, including interviewing and report writing, collection and preservation of evidence, sources of information, and due diligence standards.

5. Board Procedures

1. Intake Procedures

2. Investigative Procedures and Practices

3. Hearings / Meetings

4. Case Review, Presentation, Findings

5. Communications

6. Policy Recommendations

6. Ridealongs
DOCUMENTS ATTACHED:

ATTACHMENT 1 – AMENDMENTS TO RMC 3.54 (PROPOSED)
61 01337.0001 2013328.1
ORDINANCE NO. __-25 N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ADDING SECTION 110 (“COMMISSION TRAINING”) TO CHAPTER 3.54 (“COMMUNITY POLICE REVIEW COMMISSION”) TO ARTICLE III (“BOARDS AND COMMISSIONS”) OF THE RICHMOND MUNICIPAL CODE City Attorney Summary
This Ordinance establishes training requirements for commissioners of the Community Police Review Commission. The Ordinance generally provides that newly appointed commissioners shall complete a comprehensive training and orientation program within six months of the date of their appointment, and each commissioner shall actively participate in ongoing training.
___________________________________________________________ WHEREAS, the Richmond Community Police Review Commission (“CPRC”) is an independent civilian oversight body of the City of Richmond, providing oversight of the Richmond Police Department; and
WHEREAS, proper training is essential to ensure all CPRC Commissioners have the necessary knowledge to make well-informed, fair, equitable and unbiased decisions on behalf of the CPRC, especially when reviewing complaints; and WHEREAS, requiring training will foster trust within the Richmond community and with the Richmond Police Department; and
WHEREAS, the Council desires to establish a requirement that newly appointed CPRC Commissioners receive comprehensive training within six (6) months of appointment to the CPRC; and
WHEREAS, the Council desires to recommended ongoing training for CPRC Commissioners.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein as findings of fact.

SECTION 2. AMENDMENT. CHAPTER 3.54 (“Community Police Review Commission”) of Article III (“Boards and Commissions”) of the Richmond Municipal Code is hereby amended to add as follows (added text is show in bold italics, deleted text is show in strike through):
62 01337.0001 2013328.1
“3.54.110 – Commission Training.

Each commission member shall successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The training program shall cover standards of investigative review, fundamentals of evidence and due process, recognizing bias and implicit bias, constitutional rights and civil liberties, de-escalation tactics, the Public Safety Officer Procedural Bill of Rights, and an overview of Richmond Police Department’s policies, practices and procedures. Each commission member shall actively participate in ongoing training.” Commented [SM1]: The footer needs to be added but sending through now. I can have Ivania add when she’s back tomorrow.
63

June 24, 2025
Mayor's Office
DATE: June 24, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Councilmember Claudia Jimenez
Councilmember Doria Robinson
Subject: Appropriation of funds and Restated Contract Services Agreement for City Attorney Services with Aleshire &
Wynder, LLP (A&W)
FINANCIAL IMPACT: The A&W Restated Contract Services Agreement for City Attorney Services costs approximately $400,000 per
quarter, for a total contract of $800,000, and is funded from account string 01151014-400206.

PREVIOUS COUNCIL
ACTION:

July 19, 2022
December 17, 2024

STATEMENT OF THE
ISSUE:

The Ad Hoc Committee to the City Attorney evaluation
seeks approval of a Restated Contract Services
Agreement for City Attorney Services with Aleshire &
Wynder, LLP for Fiscal Year 25-26. The A&W legal
services agreement is also used to pay legal services
agreements from Nevers, Palazzo, Packard, Wildermuth
& Wynder (attorney Dennis La, contract not to exceed
$375,000) and Fox, Bertrand, Elliot, Osman & Wenzel
(attorney John Salcedo, contract not to exceed
$300,000), who currently handle the Pt.

Molate/Winehaven litigation and related matters.

Approval of an appropriation from the General Fund in
the amount of $400,000 for an amount not to exceed
$1,479,626.48 for the Fiscal Year 24-25 is required.

AGENDA
REPORT
64

June 24, 2025
RECOMMENDED ACTION: APPROVE a Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP for
Fiscal Year 25-26 costing approximately $400,000 per
quarter for a total contract amount not to exceed
$800,000 and APPROPRIATE $400,000 from the
General Fund for Fiscal Year 24-25 for a total annual
contract for Fiscal Year 24-25 not to exceed
$1,479,626.48 – Mayor’s Office (Mayor Eduardo Martinez
510-620-6503)/Councilmember Claudia Jimenez(510-
620-6565)/(Councilmember Doria Robinson (510-620-
6568).

DISCUSSION:

Aleshire & Wynder, LLP (A&W), and its partner, David J. Aleshire, currently provide City Attorney services for the City of Richmond. David Aleshire was appointed interim City Attorney on December 21, 2021, and appointed as the City Attorney by the City Council on July 19, 2022.

On December 17, 2024, the City Council approved an appropriation and first amendment for $154,626.48 from the General Fund. These funds were used to cover a shortfall due to an administrative error where funds from the City Attorney Department’s Fiscal Year (FY) 2023-2024 budget were used to pay invoices for services rendered in FY 2022-2023. For FY 2022-2023, Aleshire & Wynder exceeded the $1.6 million contract amount and funds from the City Attorney Department’s FY 2023-2024 budget were used to pay the amount that the firm exceeded in FY 2022-2023.

Furthermore, the A&W legal services agreement is also used to pay legal services agreements from Nevers, Palazzo, Packard, Wildermuth & Wynner (attorney Dennis La, contract not to exceed $375,000) and Fox, Bertrand, Elliot, Osman & Wenzel (attorney John Salcedo, contract not to exceed $300,000), who currently handle the Pt.

Molate/Winehaven litigation and related matters. Mr. La and Mr. Salcedo are two former A&W attorneys.

The restated agreement clarifies, among other things, roles and responsibilities for dayto-day operations in the City Attorney’s Office, establishes a plan for providing monthly confidential attorney-client privileged reports to the City Council and removes the previous evergreen provision of the agreement. The agreement will now terminate December 31, 2025 unless the parties extend it or enter into a new agreement. 65

June 24, 2025
The Mayor and Council ad hoc requests:
1) Approval of a Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP for Fiscal Year 25-26 costing approximately $400,000 per quarter for a total contract amount not to exceed $800,000. 2) Appropriation of $400,000.00 from the General Fund for Fiscal Year 24-25 for a total annual contract for Fiscal Year 24-25 not to exceed $1,479,626.48.

DOCUMENTS ATTACHED:

Attachment 1 –Restated Contract Services Agreement for City Attorney Services (proposed)
Attachment 2 – Amendment 1 to Agreement for City Attorney Services between the City of Richmond and Aleshire & Wynder, LLP
Attachment 3 -- Original Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP
66 05/30/2025
1 RESTATED

CONTRACT SERVICES AGREEMENT FOR

CITY ATTORNEY SERVICES

CITY OF RICHMOND
This RESTATED CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (the “Agreement”) is effective as of the _____ day of June, 2025 by and between the law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership (“A&W”), with its principal place of business at 18881 Von Karman Avenue, Suite 1700, Irvine, CA 92612 and the CITY OF RICHMOND, a municipal corporation established under its charter approved by the voters in 1909 (“City”). This Restated Agreement supersedes the prior agreement dated July 1, 2022 and the first amendment dated December 17, 2024 between the same parties. The term “City” shall also include all boards, commissions, financing authorities, and other bodies of City.

1. APPOINTMENT
City Council hereby appoints and hires Partner David J. Aleshire and A&W as its City Attorney to render such legal services as are customarily rendered by such official and as further specified herein, including attending meetings of the City Council, Planning Commission, Housing Authority, and all other City boards and commissions and their affiliated agencies, as directed by the City.

The designated City Attorney may be established from time to time or modified by resolution of the City Council. A&W represents that it employs, or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein.

Notwithstanding the foregoing authority, it is expressly understood that the City employs a traditional in-house city attorney office with attorneys and administrative staff who shall be under the supervision of the City’s Chief Assistant City Attorney (“Chief Assistant”). The Chief Assistant works at all times under the direction and control of the City Attorney, but they shall also work as a team and the Chief Assistant, while consulting with the City Attorney as necessary, shall provide day-to-day supervision of in-house staff.

A&W shall not replace any designated City Attorney (or any successors to such person) without the City Council’s prior approval, except from time to time necessary due to minor illness or vacations (when such illness or vacation is 14 days or less). Approval of any such temporary substitute shall be obtained from the Mayor. For illnesses, vacations or other absences exceeding 14 days or anticipated to exceed 14 days, A&W shall strive to coordinate scheduling with the Chief Assistant and other key City Staff. A&W shall provide at least two weeks’ notice for vacations and other planned absences. Notice of unplanned absences shall be emailed to the Mayor and Chief Assistant as soon as practical by City Attorney or other A&W staff if the City Attorney cannot provide such notice. A&W shall work cooperatively with the Chief Assistant, City Manager and other key City Staff to ensure that legal work is being handled in an efficient and cost-effective manner.
67 2
06/17/2025

2. SCOPE OF WORK AND DUTIES
A&W shall perform any and all work necessary for the provision of City Attorney services to City, as set forth in the Municipal Code, including, but not limited to, the following:
(a) Attendance at City Council, Planning Commission, Housing Authority, Public Financing Authority, or other affiliated entities, unless excused by the Mayor or Vice Mayor; and (b) Provide legal advice, written legal opinions, and consultation on all matters affecting the City to the City Council, City Manager, boards, commissions, committees, officers, and employees of City and as requested by the City Council, the City Manager, or their designee, in accordance with such policies and procedures as may be established by City from time to time; and
(c) Be available for consultation with City staff, personally, electronically, and telephonically, as needed on legal matters which are within their area of operation; and (d) Prepare or review necessary legal documents such as: ordinances, and resolutions; all agreements of any nature; all real property instruments of any nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bond size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandum of understanding; franchise agreements; and all similar documents; and (e) The City Attorney shall interact with the in-house legal office in a manner to promote the efficiency and utility of the personnel, encourage their professional development, and cause legal affairs of the City to be successfully resolved; and (f) Represent and advise City on pending and potential litigation, in an efficient and expeditious manner, in any such litigation; A&W shall comply with the litigation guidelines as specified in Exhibit E; it is expressly understood that A&W shall not be responsible for any pending litigation matter(s) handled by attorneys previously or otherwise employed by the City until all files have been transferred to A&W and A&W has specifically appeared in the matter(s) as attorneys of record on behalf of City; and
(g) Hold office hours at City Hall at a time agreed to with City Manager; and (h) Attend monthly meetings with in-house attorney staff to discuss projects and workloads; and
(i) Monitor pending and current legislation and case law as appropriate; and provide updates to all in house attorney staff and City Manager; and (j) Supervise outside legal services for major projects such as Point Molate and Veolia, if any (The parties acknowledge that the intent has been that where A&W rates are lower than rates of outside counsel, A&W should provide such services; and 68 3
06/17/2025
(k) Provide representation to City in all of its legal affairs including, but not limited to, municipal law, land use, environmental, toxics, mining, water, tort defense, personnel, labor representation, code enforcement, criminal prosecution, redevelopment, housing, cable television, finance, franchising, contracts, enterprise and other matters, except where conflicts exist or where the City Council may otherwise direct. The City Attorney shall represent City in all of the foregoing legal matters, and in initiating and defending all litigation unless otherwise directed by the City Council. The parties acknowledge that the intent has been that where A&W rates and billing are lower than rates of outside counsel, A&W should provide such services.

This is not intended to disrupt ongoing legal services where history with a subject matter makes other outside counsel more efficient; and
(l) Keep City informed as to the progress and status of all pending matters in accordance with such procedures as the City Council may establish from time to time; and (m) Manage, control and oversee the delivery of legal services in a competent, professional, and cost-effective manner. A&W shall inform the City Council of any perceived inefficiencies or problems with in house staff. Issues impacting A&W’s provision of services shall be promptly reported. All legal services provided by A&W shall be properly supervised and all personnel shall be qualified to handle the work assigned. If outside special counsel is retained, unless otherwise directed by the City Council, such special counsel shall be supervised by the City Attorney; and
(n) Provide monthly confidential written updates to the City Council, Chief Assistant City Attorney and City Manager on the status of major projects and high profile or high-risk litigation and provide quarterly reports on the cost of A&W services. The form of the updates shall be substantially similar to those agreed to by the Council Subcommittee and the City Attorney on May 5 and May 15, 2025.
(o) Attend weekly meetings with the City Manager; and
(p) Attend monthly meetings with City Attorney staff.

All the foregoing legal services shall be coordinated under the direction of the Mayor, City Council, and Chief Assistant. Notwithstanding any other provision contained herein, any legal services can only be ultimately authorized by the City Council. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign any legal matter of the City from or to A&W.

To promote the efficient and cost-effective delivery of legal services, A&W shall fully cooperate with City staff and strive to improve working relationships with City staff. A&W shall refrain from handling non-legal work on City projects.

The services provided hereunder are more specifically described in Exhibit A.

3. CITY DUTIES
City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for A&W to effectively render its professional 69 4
06/17/2025
services under this Agreement. To the extent City desires services to be rendered on site, City, at City’s expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and administrative support, as may be necessary therefor. City further agrees to abide by this Agreement, and to in the future timely pay A&W’s bills for fees, costs, and expenses.

4. COMPENSATION
A&W’s fees will be charged on an hourly basis for all time actually expended. The compensation schedules are set forth in Exhibit A attached hereto and incorporated herein by this reference. Rates are computed based upon the hours of service and the complexity of the work. A higher rate is charged for special services, including a broad range of categories (litigation, personnel, labor, housing, toxics, solid waste, enterprise, etc.) and work actually reimbursed by third parties, which would otherwise be likely to be contracted out as special services at higher rates. Public finance matters are charged as set forth below in Section 5 and in the exhibits. All the work shall be performed in accordance with the Billing Policies of City attached as Exhibit B.

5. BOND OR FINANCIAL SERVICES
Bond or Financial Services shall mean those situations where A&W acts as Bond Counsel for City with regard to the issuance of securities by City. A&W shall be compensated for Bond or Financial Services at the rates shown on Exhibit A.

6. COSTS AND OTHER CHARGES
A&W may incur various costs and expenses in rendering the legal services required by this Agreement which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. These costs and expenses are described in more detail in Exhibit A. City agrees to reimburse A&W for these costs and expenses in addition to the fees for legal services. All the work shall be performed in accordance with the Billing Policies of City incorporated in Exhibit B. Reimbursable costs shall not include any overhead or administrative charge by A&W or A&W’s cost of equipment or supplies except as provided herein.

A&W may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). City will be responsible for paying such fees and charges. A&W will not, however, retain the services of any outside investigators, consultants, or experts without the prior approval of Mayor or Chief Assistant. A&W will select any investigators, consultants, or experts to be hired only after consultation with Mayor or Chief Assistant.

7. STATEMENTS AND PAYMENT
To assist with tracking costs, A&W shall render to City a statement for fees, costs, and expenses incurred on a monthly basis. Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed.

Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or such other basis as the City may direct. Reimbursable costs shall be separately itemized. A&W shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted 70 5
06/17/2025
to [email protected]. Bills will be reviewed by the City Manager and the Finance Director.

Payments shall be made by City within sixty (60) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than sixty (60) days after the due date shall draw interest at the legal rate.

The City is a member of the California Joint Powers Risk Management Authority (“CJPRMA”). If a case is reportable to CJRPMA, and assigned to A&W. A&W shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The Risk Manager shall be copied on all correspondence sent to CJPRMA.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

8. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability and reputation of A&W, its partners, associates, and employees, was a substantial inducement for City to enter into this Agreement. Therefore, A&W shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval of the City Council. Adding attorneys to A&W, changes in the partnership, name changes and similar changes shall not be deemed a transfer or assignment requiring approval of City or amendment hereof.

9. INDEPENDENT CONTRACTOR
A&W shall perform all services required under this Agreement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. A&W, its attorneys and staff are not employees of the City and have no rights to PERS or other benefits that City employees may be entitled to. Neither City, nor any of its employees, shall have any control over the manner, mode, or means by which A&W, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision or control of A&W employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. A&W is being appointed as City Attorney pursuant to the Richmond City Charter Section III Section 9 and has the authority of that office as set forth in Section IV Section 3.

10. INSURANCE REQUIREMENTS
A&W shall maintain in full force and effect the following insurance policies:
71 6
06/17/2025
(a) Commercial general liability policy (bodily injury and property damage); (b) Worker’s compensation/employer’s liability policy;
(c) Business automobile liability insurance policy; and, (d) Professional liability policy.

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

11. LAW GOVERNING AGREEMENT.

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

12. NOTICES.

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

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

13. TERM, DISCHARGE AND WITHDRAWAL
The term of this agreement shall expire December 31, 2025 unless extended by mutual agreement of the parties. It is the intent of the City to consider the performance of A&W during the period of June 2025 to December 2025 to determine if the hybrid City Attorney model works best for City and to make sure that communications have improved and that attendance at staff and City Manager meetings has improved. Notwithstanding the foregoing, City may discharge A&W at any time with four (4) affirmative votes of the City Council. The City Attorney shall have no property interest in the position and works at will with no right to a hearing and may be discharged with or without cause. A&W may withdraw from City’s representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty (60) days’ notice to City unless the Rules of Professional Conduct require other notice.

In the event of such discharge or withdrawal, City will pay A&W professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation. City agrees to execute, upon request, a stipulation in such form as to permit A&W to withdraw as City’s attorneys of record in any legal action then 72 7
06/17/2025
pending. A&W shall deliver all documents and records of City to City, including attorney work product, or to counsel designated by City, and assist to the fullest extent possible in the orderly transition of all pending matters to City’s new counsel.

14. CONFLICTS
A&W has no present or contemplated employment which is adverse to City. A&W agrees that it shall not represent clients in matters either litigation or non-litigation against the City. However, A&W may have past and present clients or may have future clients, which, from time to time, may have interests adverse to City, and A&W reserves the right to represent such clients in matters not connected with its representation of the City except as provided below.

If a potential conflict of interest arises in A&W’s representation of two clients, if such conflict is only speculative or minor, A&W shall seek waivers from each client with regards to such representation. However, if real conflicts exist, A&W would withdraw from representing either client in the matter, and assist them in obtaining outside special counsel.

A&W maintains a strict policy forbidding political contributions in city council races in the cities they represent or propose to represent and will adhere to this policy as to the City. This policy is in conformity with the Ethics Policy adopted by the City Attorneys Department of the League of California Cities.

A&W agrees to secure the informed written consent of the City before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City, in its sole discretion, objects for any reason. Request for waivers will be submitted to the City Council for direction on whether the waiver or consent shall be agendized. This provision is intended to supersede all applicable rules of professional conduct relating to conflict of interest.

15. INTERPRETATION OF AGREEMENT AND FORUM
This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Contra Costa County.

16. INTEGRATED AGREEMENT; AMENDMENT
This Agreement contains all of the agreement of the parties and cannot be amended or modified except by written agreement. This Agreement shall supersede that certain agreement for special counsel services previously entered into between the parties. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

17. AUDITS, RECORDS AND DOCUMENTATION.
(a) The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of A&W's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which A&W is properly entitled or for other purposes relating to the Agreement. A&W shall assist the City in 73 8
06/17/2025
responding to any requests from the City’s auditors, and A&W shall not bill the City for any time spent responding to any such audit requests.
(b) A&W shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. A&W shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, A&W shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

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

19. LICENSE REQUIREMENTS.

A&W shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the Chief Assistant why such license is not required to perform the services required.

20. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

A&W agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). A&W must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.

22. NON-DISCRIMINATION.

A. A&W agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If A&W is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part. 74 9
06/17/2025

21. INDEMNIFICATION.

A. A&W agrees to indemnify City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W, its agents, employees, subcontractors, or invitees, provided for herein or arising from the acts or omissions of A&W hereunder, or arising from A&W’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arises from the negligence or willful misconduct of City, its officers, agents or employees.

B. City agrees to indemnify A&W, its officers, employees and agents against and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claims by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W within the course and scope of its employment hereunder, but nothing herein shall require City to indemnify A&W for liability arising from A&W’s own negligence, tortious acts, willful misconduct or legal malpractice.

22. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that in so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 75 10
06/17/2025
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of execution by the City.

DATED: ________________, 2025 “CITY”

CITY OF RICHMOND,
a municipal corporation
By:

Eduardo Martinez, Mayor
ATTEST:

Pamela Christian, City Clerk
DATED: ________________, 2025 “A&W”

ALESHIRE & WYNDER, LLP
By:

David J. Aleshire, Esq.

Exhibits
A. Scope of Services and Schedule of Charges
B. Billing Protocols and Guidelines
C. Project Plan and Budget
D. JPA Mandatory Case Reporting Policy
E. Litigation Guidelines
F. Insurance Requirements
G. Sanctuary City Compliance Statement
76 11
06/17/2025
EXHIBIT “A”

SCOPE OF SERVICES AND SCHEDULE OF CHARGES
A. Description of Services
Generally, A&W when serving as contract City Attorney divides services into two categories: General and Special. Special services are those where City would generally be looking to outside counsel for special expertise. A&W rates for special services are higher than for general services but less than other firms the City has been using.

With the support of the administrative staff and attorneys of the City Attorney’s Office, A&W shall perform any and all work for the provision of general and special municipal law services to City, including the following:

1. General Legal Services
General Legal Services include:
(a) Attending all City Council, Successor Agency Board of Directors, Planning and other Commission meetings. Providing City Council and other bodies with guidance relative to Rosenberg’s Rules of Order, open meetings, Brown Act, and other related procedural matters. (b) Providing conflict of interest assistance to elected and appointed officials and staff, and assisting officials and staff in seeking advice from the Fair Political Practices Commission.
(c) Attending departmental meetings, staff meetings or committee meetings as deemed necessary and appropriate or as requested by the City Manager or City Council. (d) Providing legal advice, counsel, services, consultation and opinions to City Council, City Manager and City staff on routine municipal assignments. (e) Performing general research and interpreting routine laws, court decisions and other legal matters in order to prepare legal opinions and to advise the City Council, and management staff on legal matters pertaining to City operations. (f) Reviewing and/or preparing general staff reports, ordinances, resolutions, and other documents required by the City.
(g) Ensuring that current and future City ordinances, policies, procedures and practices comply with state and federal law. Informing City Council and staff of routine recommended changes to City ordinances and practices, as needed. (h) Providing assistance to the City regarding election laws and assisting in review of election forms, filings, and coordination with county, state and federal election officials. (i) Monitor pending and current legislation and case law as appropriate.

City Attorney is expected to review the over-all performance of in-house office and make suggestions to the City Council and Chief Assistant to improve system performance. City Attorney shall report to City Council. City Attorney shall also manage performance of outside legal counsel who are reporting to the City Attorney and recommend the retention of legal counsel when necessary.
77 12
06/17/2025

2. Special Services
“Special” legal services include, but are not limited to, real estate, rent control, housing, labor and employment, enterprise funds, franchise negotiations, major contract negotiations, municipal finance matters other than bonds and similar financial services, environmental and toxics, water, energy, franchises, utilities and telecommunications, solid waste, mobile home matters, police and fire matters, litigation services (although code enforcement and risk management are billed at their own rate), and similar matters requiring special expertise.

3. Code Enforcement/Risk Management
These rates are generally lower than for other litigation as that is true in the marketplace.

However, for risk management, the rate will not exceed that permitted by CJPRMA.

4. Reimbursable
For legal services performed on matters where the City is reimbursed by a third party, such as development agreements, A&W charges at higher rates as described in the table below.

Though A&W special service rates are higher for special services than for general services, they are less than those generally charged by specialty firms, such as those specializing in development, employment, water and so forth.

B. Schedule of Fees & Charges:

RICHMOND
7/19/22-12/31/23 1/1/24-06/30/25 7/1/25-12/31/25
General: General: General:
$265 Partner $274 Partner/Of counsel $325 Partner/Of counsel $250 Associate $259 Associate $280 Associate
Special Services/
Litigation:

Special Services/
Litigation:

Special Services/
Litigation:
$345 Partner $336 Partner/Of counsel $400 Partner/Of counsel $265 Associate $274 Associate $300 Associate
RM / Code Enforcement or
CJPRMA Rate
RM / Code Enforcement or
CJPRMA Rate
RM / Code Enforcement or
CJPRMA Rate
$265 Partner $274 Partner/Of counsel $290 Partner/Of counsel $250 Associate $259 Associate $260 Associate
Reimbursable – 3
rd Party
Paying:

Reimbursable – 3
rd Party
Paying:

Reimbursable – 3
rd Party
Paying:
$385 Partner $362 Partner/Of counsel $400 Partner/Of counsel $295 Associate $290 Associate $425 Associate
Reimbursable – 2: Reimbursable – 2:
$362 Partner/Of counsel $362 Partner/Of counsel
78 13
06/17/2025
$295 Associate $295 Associate
$160 Para/Law Clerk $165 Para/Law Clerk $180 Paral/Law Clerk $75 Document Clerk $78 Document Clerk $111 Document Clerk Public Finance Matters
$450 Partner
$300 Associate
C. Cost of Living Adjustment
Starting January 1, 2027, there will be a CPI adjustment (from July 1, 2026), with CPI rounded to the nearest dollar. The CPI shall be set by the Consumer Price Index (“CPI”) for the Contra Costa County area as published by the United States Government Bureau of Labor Statistics. CPI adjustments will be made every other year and shall be cumulative.

D. Reimbursement
Only those costs and expenses set forth in Section C of Exhibit “B”, entitled “Reimbursements” shall be paid to A&W.

E. Existing Accounts and Clarification
A&W establishes separate accounts for many matters. This allows the City to better track time. The accounts established thus far include the following.

Matter Code
Matter Code Description
0001 General Management
0002 Special Services
0003 Litigation
0004 Personnel
0005 Planning
0006 Public Works- Engineering
0007 Finance
0008 Port
0009 Major Contracts
0010 Police
0011 Code Enforcement
0012 Agency
0013 Housing
0013.1 Housing Authority RHA
0014 Refuse
0015 Franchise Cable
0016 Enterprise
0017 Veolia
0018 Reimbursable 3rd Party
0019 Risk Management
79 14
06/17/2025
0020 City Real Property-Projects
0021 Molate
0022 Campus Bay
0023 Butt
0024 Terminal 1
0025 Social Services-Unhoused
0026 Commissions/Committees
0027 Katz
0028 SWAPS/POBS/RCB
0029 RNT
0030 Labor
0031 City Attorney
0032 Wastewater
0033 PG&E
0034 Public Records
0035 Mira Flores
0036 Alvarez Martinez, Ivan Fabian (vs. City of Richmond, et al.) 0037 Gentle, Antoine Marquise (vs. Richmond Police Department) 0038 Sotelo, Jose (vs. City of Richmond, et al.)
0039 Hilltop (vs. City of Richmond)
0040 Chevron H2 Facility
0041 BTA
0042 Raven
0043 MetroWalk
0044 Riggers Loft Wine Company, a California Corp. (v. City of Richmond et al.) 0045 Marina Point (MPT)
0046 Craneway (CWY)
0047 Public Bank
0048 Elections
0049 Chevron - CV2
80 01337.0031/1051935.1 B-1
Exhibit B

BILLING PROTOCOLS AND GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. A&W will be required to comply with this protocol. Any changes to this protocol will need prior, written approval from the Chief Assistant.

A. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:

1. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services.

2. Identification of the lawyer who is in charge of the matter.

3. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.

4. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.

5. When charges are made for research time, the specific issue being researched and the need for the research should be identified.

6. The Chief Assistant may request various levels of detail and specific formats (such as columnar comparisons with established budgets).

B. BILLING GUIDELINES

1. All tasks set forth in A&W’s billing documentation shall be specific and detailed.

Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable.

2. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. A&W shall not use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified.

3. A&W shall keep the City advised of the identity and billing rates of those people working on the project account.

4. All time should be billed within 30 days of the end of the month in which services were performed.

5. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract. When accrued billings are expected to exceed contract requirements, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office. A&W acknowledges the fiscal constraints on City funding and therefore A&W assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds 81 01337.0031/1051935.1 B-2
the amount of the contract unless prior written authorization is received. The City Manager may authorize additional funds only to the extent needed to bring the matter to a regular City Council meeting.

6. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City must approve in advance the assignment of other attorneys to the litigation or project.

7. A&W shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the Chief Assistant.

8. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.

9. City appreciates when A&W has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work A&W has done and billed another client for in the past.

10. The City does not allow “double billing” of any sort. If A&W is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter. This does not apply to necessary supervision of attorneys.

11. Training time is not billable. Law clerks may be used only with prior approval.

12. Although City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved, City understands that files may be reassigned from prior law firms and time may be spent getting familiar with a file. In general, files will not be reassigned if the matter is in an advanced state and it would not be efficient to do so, unless there is specific Chief Assistant approval.

13. City reserves the right to require additional substantiation of any item of claimed expense.

C. REIMBURSEMENTS

1. The City will reimburse A&W for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.25 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
 Transcription and reporter's fees; and
Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Manager. Travel expenses are limited to the lesser of actual expenses or expenses that 82 01337.0031/1051935.1 B-3
would be authorized for City employee travel pursuant to City policy. In recognition that this contract requires the City Attorney’s presence weekly at City Hall, the parties have agreed to travel reimbursement policy which generally does not reimburse all of the City Attorney’s travel time.

Accordingly the reimbursement for expenses shall be a fixed fee of $500 plus two hours of travel time per trip. Attorney may bill for travel expenses one way for traveling from Southern California to Richmond.

After one year, this allowance may be increased with the approval of the City Council if it is demonstrated that it is recovering less than half of the expense. Additionally, Attorney may bill for travel time and reasonable expenses only when attending court appearances or meetings at destinations other than the City of Richmond.

2. Any expense other than those listed in section 1 must be approved by the City Manager in writing and in advance in an approved budget.

3. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services.

4. Court filings should be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.

5. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs

6. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in A&W’s overhead. For example, time spent faxing, mailing, arranging for messengers and calendaring are not acceptable charges.

7. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill.

8. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. However, billing increments are .1.

9. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.
83 01337.0031/1051935.1 C-1
Exhibit C

PROJECT PLAN AND BUDGET
(For City Attorney’s Office)
A. GOAL: Hybrid City Attorney’s Office Model
It is the goal of this contract arrangement to improve legal services being provided to the City of Richmond and reduce costs by implementing the following:

1. Retain the in-house City Attorney’s office team members who provide institutional knowledge, consistency, and on-site availability.

2. Replace a variety of outside firms with special expertise from a municipal firm, which will centralize these services, provide consistent oversight and leadership, and do so at a significantly lesser cost.

3. Centralize supervision of the services in the City Attorney’s Office to enhance accountability and performance.

4. Develop the capacity and expertise of the core in-house team.

5. Provide greater responsiveness of legal services to the City departments at lesser expense.

6. Improve service delivery given the litigious environment and pressing City Council policy directives.
84 01337.0031/1051935.1 D-1
Exhibit D

CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY

MANDATORY CASE REPORTING POLICY
The following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 85 01337.0031/1051935.1 D-2
6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hardworking attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 86 01337.0031/1051935.1 F-1
Exhibit E

LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:

1. The City Council shall be kept informed of the initiation and progress of all litigation, including on at least a quarterly basis and whenever significant developments occur.

2. A&W shall consult the Chief Assistant regarding the component parts of litigation handled by A&W so that the Chief Assistant, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.

3. Cases should not be overstaffed and generally no more than a partner and associate should be assigned but the Mayor, in consultant with the Chief Assistant, may approve a higher level of staffing.

4. All pleadings shall be submitted to the Chief Assitant for review prior to filing.

5. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the Chief Assistant advised of any major developments in the lawsuit. Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.

6. Generally, the City Council will rely upon A&W for guidance on litigation strategy.

Nonetheless, prior approval from the Chief Assistant is necessary for demurrers, motions for summary judgment and discovery motions.

7. City expects that A&W will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Council immediately.

City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles.

8. Provide full descriptions of legal tasks performed. This will help the City Council follow case development and understand Firm’s strategy.

9. Some types of litigation-related expenses require prior approval by the Chief Assistant including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
87 01337.0031/1051935.1 F-2
Exhibit F
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
88 01337.0031/1051935.1 F-3
General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

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

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

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

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
89 F-4
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

Contractor is responsible for satisfaction of the deductible and/or selfinsured retention for each loss.

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 90 F-5
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable
91 G-1

EXHIBIT G

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 CCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title: __________
Signed: Date:

Business Entity: ___________________
Vendor SCCO Compliance Statement (Augt2020)\
92 First Amendment to Aleshire & Wynder LSA for City Attorney Services DocID #27116v1
A-1

FIRST AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES

BETWEEN THE CITY OF RICHMOND
AND

ALESHIRE & WYNDER, LLP
This First Amendment to the Agreement for City Attorney Services between the City of Richmond (“City”) and David J. Aleshire, Partner at the law firm ALESHIRE & WYNDER, LLP (“Special Counsel”) (the "First Amendment") is entered into as of December 17, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for City Attorney services on July 19, 2022, for an amount of $400,000 per quarter, not to exceed $1,600,000 annually; and WHEREAS, Dennis La and John Salcedo were Aleshire & Wynder attorneys and were legal counsel for Point Molate and other City litigation and Dennis La is now employed with the law firm Nevers, Palazzo, Packard, Wildermuth & Wynner and John Salcedo is now employed with Bertrand, Fox, Elliot, Osman & Wenzel; and WHEREAS, the City has entered into a contract with Nevers, Palazzo, Packard, Wildermuth & Wynner in an amount not to exceed $375,000 and a contract with Bertrand, Fox, Elliot, Osman & Wenzel in an amount not to exceed $300,000; and WHEREAS, these attorneys have extensive experience and knowledge regarding City litigation, Dave Aleshire has decided to fund their services; and WHEREAS, the Aleshire & Wynder contract is to pay for these legal services resulting in Fiscal Year (FY) 2024-2025 annual contract of $925,000 ($1,600,000 - $375,000- $300,000 = $925,000); and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation by $154,626.48 to cover a shortfall caused by administrative error wherein the FY 2023-2024 budget was used to pay for FY 2022- 2023 invoices due to Special Counsel going over budget; and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.

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

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

Docusign Envelope ID: D370009A-8C00-4B4C-AE7C-41E7D0C3C0D3 Docusign Envelope ID: F772399A-6C86-4DF0-8490-49AA5528BE87 93 First Amendment to Aleshire & Wynder LSA for City Attorney Services DocID #27116v1
A-2
 Increase the compensation by $154,626.48 to cover a shortfall caused by administrative error wherein the FY2023-2024 budget was used to pay for FY2022-2023 invoices due to Special Counsel going over the $1.6 million annual contract limit.
 Reflect the Aleshire & Wynder annual contract for FY2024-2025 (July 1, 2024 – June 30, 2025) of $925,000 ($1,600,000 - $375,000 - $300,000 = $925,000).

Since the Aleshire & Wynder annual contract is to pay for legal services from Nevers, Palazzo, Packard, Wildermuth & Wynner (attorney Dennis La, contract not to exceed $375,000) and Fox, Bertrand, Elliot, Osman & Wenzel (attorney John Salcedo, contract not to exceed $300,000).  Result in a total annual contract for Aleshire & Wynder for FY2024-2025 (July 1, 2024 – June 30, 2025) in an amount not to exceed $1,079,626.48 ($925,000 + $154,626.48 = $1,079,626.48).

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

IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND ALESHIRE & WYNDER, LLP
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
Docusign Envelope ID: D370009A-8C00-4B4C-AE7C-41E7D0C3C0D3 Founding Equity Partner
Docusign Envelope ID: F772399A-6C86-4DF0-8490-49AA5528BE87 94 DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 95 DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 19 96
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 97 DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 98 DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 99 DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 100
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 101
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 102
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 103
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 7/21/2022
7/25/2022
104
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 105
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 106
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 107
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 108
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 109
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 110
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 111
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 112
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 113
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 114
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 115
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 116
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 117
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 118
DocuSign Envelope ID: F1DE5082-076A-4547-9095-37C1D36FBC18 119

June 24, 2025
Community Development
DATE: June 24, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager
Subject: On-Call Vendor List for Services in Support of Unhoused Richmond Residents
FINANCIAL IMPACT: The on-call services will be mostly funded through the City’s ~$9.33 million Encampment Resolution Fund
Round 3 grant (ERF–3R) and/or the Housing Division’s
Unhoused Interventions budget allocation. Approval of
the On-Call Vendor List will not result in an additional appropriation of funds. Payment resources will be
identified prior to engaging any on-call vendor. Each
vendor contract will be for one year with an optional oneyear extension. The payment limit shall not exceed $3,000,000 per vendor.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Community Development is requesting authorization to
establish an On-call Vendor List for Services in Support of Unhoused Richmond Residents to expedite the
contracting of as-needed services for eligible ERF-3R
and citywide homeless services. The on-call list would
authorize Community Development to enter into service
contracts with listed vendors to provide as-needed
services in support of unhoused Richmond residents,
thereby saving time and costs associated with issuing
individual Requests For Proposals (RFPs) to select by
project service providers.

AGENDA
REPORT
120

June 24, 2025
RECOMMENDED ACTION: ADOPT a resolution approving eight (8) vendors to provide on-call homeless services, on an as needed
basis, for an amount not to exceed $3,000,000 per
vendor, for a term beginning July 1, 2025, to June 30,
2026, with an additional one-year optional extension -
Community Development Department (Lina Velasco/
Jesus M. Morales 510-620-6649).

DISCUSSION:

On March 12, 2025, the Community Development Department issued a Request for Qualifications (RFQ) for on-call Services in Support of Unhoused Richmond Residents.

The RFQ was issued via the City’s BidsOnline System, and 1,338 vendors were notified (see BidsOnline Report in Attachment 2). Of the vendors that were notified, 33 vendors downloaded the RFQ, and nine (9) vendors responded to the RFQ by submitting their Qualifications. Eight (8) of the nine (9) vendors who submitted qualifications are recommended for the on-call list (Attachment 1).

These vendors are:

1. Beautiful Gate

2. HTA

3. FS Global

4. GRIP

5. RCF Connects

6. Richmond Labor of Love

7. Hope Solutions

8. Safe Organized Spaces (SOS) Richmond
Qualifications were rated based on the vendor’s technical qualifications and experience, qualifications and experience of key personnel and sub-consultants, service/project approach and understanding, and fees for each of the Service Categories they would provide (Attachment 2). One vendor was disqualified due to their submittal lacking information regarding cost of services specific to their proposed service proposal specified in their qualification packet. Community Development anticipates issuing the RFQ again in 6 months to continue to build the list of qualified vendors
RFQ-Services Areas
The RFQ had seven (7) service categories that respondents could submit qualifications for. All recommended vendors responding to the RFQ were determined qualified to provide the specific service category specified in their qualification packet.

The service categories and the vendors that are qualified to provide that Service Category are as follows:
121

June 24, 2025
Service Category 1 – Operation and Management of Emergency Intervention Shelter

1. FS Global

2. Safe Organized Spaces (SOS) Richmond

3. GRIP
Service Category 2 - Storage for Encampment Residents

1. FS Global
Service Category 3 - Employment Programs

1. Safe Organized Spaces (SOS) Richmond
Service Category 4 - Hygiene Interventions

1. Safe Organized Spaces (SOS) Richmond
Service Category 5 - Training, Technical Assistance, Individuation and Program Development

1. HTA Consulting
Service Category 6 - Street Outreach

1. Safe Organized Spaces (SOS) Richmond
Service Category 7 - General Homeless Services

1. Beautiful Gate

2. RCF Connects

3. Richmond Labor of Love

4. Hope Solutions

5. Safe Organized Spaces (SOS) Richmond
The resolution, if adopted, would authorize Community Development to execute service contracts with any of the vendors on the on-call list to provide as-needed services for an amount not to exceed $3,000,000, over a one-year period, with an additional one-year option to extend term. Vendors on the on-call list will be selected to perform specific project-related work based on their service category and availability. On-call service contracts will allow the City to provide as needed services in support of unhoused Richmond residents in an efficient and timely manner and meet the ERF–3 grant contract obligation and expenditure deadlines. These contracts will reduce staff costs by eliminating the three to four-month process required to select homeless service providers on a project-by-project basis. No work is guaranteed to be provided by the City to any vendor listed on the on-call list. The on-call list also recognizes the urgency in getting services secured timely when determined needed. 122

June 24, 2025
SYNERGISTIC POLICIES:

On May 23, 2023, the City Council adopted the Homelessness Strategic Plan to provide short-term and long-term steps to address homelessness. Approval of the on-call list and authorization to enter contract with these vendors for as-needed services is aligned with the below short term and immediate action steps within the Strategic Plan:

Short-term Action Step 1.1 and 1.4: Expand case management and other care-related individualized services directly in encampments to build connections for unsheltered individuals to have access to an expanded array of opportunities and resources for personal development, wellness and health, and financial means to secure and sustain housing, and ongoing support for long-term stabilization.

Short-term Action Step 4.1: Expand workforce development services and employment focused case management that prioritizes employment of unhoused individuals Short-term Action Step 5.2 and Priority Action Step 6 - Strengthen collaboration between the City, County and community-based organizations to improve data collection, implement this Strategic Plan, provide services in the city, and apply for funding opportunities. The dedicated City staff person would determine frequency and format of interagency collaboration, which could include systems level partner meetings, a local data workgroup, or direct service coordination.

CONCLUSION:

City staff recommend the City Council adopt the resolution authorizing on-call Services in Support of Unhoused Richmond Residents contracts with eight (8) vendors for asneeded homeless services, in an amount not to exceed $3,000,000 per vendor, for a term beginning July 1, 2025, to June 30, 2026, with an additional one-year option to extend the term (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – BidsOnline Report
Attachment 2 – Rating Matrix
Attachment 3 – Resolution Authorizing On-Call Vendors In Support of Unhoused Richmond Residents
123
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
124
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
125
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
126
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
127
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
128
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
129
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
130
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
131
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
132
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
133
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
134
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
135
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
136
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
137
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
138
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
139
City of Richmond
Services in Support of Unhoused Richmond Residents (CDD#03122025), bidding on 04/28/2025 5:00 PM (PDT)

Printed 05/16/2025
PlanetBids
140
Vendor Name Service Category
Provided all
Proposal Elements Recommendation
1 Beautiful Gate
7- Services to unhoused Richmond residents with school
aged children Yes Yes
2 HTA 5- Task C -Program evaluations and assessments Yes Yes 3 FS Global
1- Task A andB, operation and site management of
emergency shelter. 2. Storage services 4. Hygiene Services 7.

Encampment Waste Remediation 7. Shelter site construction and development Yes Yes
4 GRIP

1. Operation of Emergency Intervention to End the
Unsheltered Status of Individuals and Families, Task A. 3.

Workforce Program Yes Yes
5 RCF Connects

7. Housing First -Housing navigation, case management rent assistance administration life coaching, and related services to homeless clients. Emergency Short-Term Rental
Aassistance program administration. Yes Yes
6 Richmond Labor of Love

7. Operate a comprehensive 24 hour accessible low barrier harm reduction housing intervention,emergency
interventions to end the unsheltered status of individuals and families and related outreach services Yes Yes
7 Hope Solutions

7. Rapid rehousing services including, case management, housing navigation data and accounting support for up to 20 to 25 households per year Yes Yes
8 Safe Organized Spaces - SOS Richmond

1.B, Site management Of Emergency Intervention; 1.C,
Housing Navigation within an Emergency Intervention; 3. A, B, Operate work readiness employment program; 4, Hygiene interventions; 6. Street Outreach; and 7. General Homeless Services Yes Yes
9 SWB Delivers Outreach Program 6. Street Outreach, and 7. General Homeless Services No No Rating Matrix for Services in Support of Unhoused
141
Reso. No. _____

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING ON-CALL CONTRACTS FOR SERVICES IN

SUPPORT OF UNHOUSED RICHMOND RESIDENTS, FOR AN AMOUNT NOT TO EXCEED $3,000,000 PER VENDOR OVER A ONE-YEAR PERIOD, WITH ONE

ADDITIONAL ONE-YEAR EXTENSION OPTION
WHEREAS, the Community Development Department anticipates needing services in Support of Unhoused Richmond Residents to implement grant-funded projects and meet the needs of unhoused Richmond residents; and
WHEREAS, the bidding process for specific projects and service needs can take three to four months and involves significant staff time and costs associated with drafting, posting, and evaluating Request for Proposals (RFP); and
WHEREAS, various City Departments, including Community Development and Public Works have demonstrated that the use of vendors from an on-call list that have undergone a competitive process eliminates much of the delay and costs associated with issuing RFPs for specific projects and service needs; and
WHEREAS, on March 12, 2025, the Community Development Department issued a Request for Qualifications (RFQ) for On-call Services in Support of Unhoused Richmond Residents via the City’s PlanetBids system; and
WHEREAS, 1,338 vendors were notified and 33 vendors viewed/downloaded the RFQ; and WHEREAS, nine (9) vendors responded to the RFQ, and all were reviewed by a panel consisting of staff from various City Departments; and
WHEREAS, staff evaluated the qualifications submitted based on each vendor’s relevant experience, the qualifications and experience of key project staff and subconsultants, organizational capacity, and their service/project understanding and approach for the specified service categories; and
WHEREAS, the vendors recommended for the on-call list per service category are:

Service Category 1 – Operation and Management of Emergency Intervention Shelter

1. FS Global

2. Safe Organized Spaces (SOS) Richmond

3. GRIP
Service Category 2 - Storage for Encampment Residents

1. FS Global
142
Reso. No. _____

Service Category 3 - Employment Programs

1. Safe Organized Spaces (SOS) Richmond
Service Category 4 - Hygiene Interventions

1. Safe Organized Spaces (SOS) Richmond
Service Category 5 - Training, Technical Assistance, Individuation and Program Development

1. HTA Consulting
Service Category 6 - Street Outreach

1. Safe Organized Spaces (SOS) Richmond
Service Category 7 - General Homeless Services

1. Beautiful Gate

2. RCF Connects

3. Richmond Labor of Love

4. Hope Solutions

5. Safe Organized Spaces (SOS) Richmond
WHEREAS, each on-call service contract per vendor would not exceed $3,000,000, over a one-year period, with an additional one-year optional extension; and WHEREAS, vendors on the on-call list will be selected to perform specific project-related Service Category work as outlined in the RFQ based on their project- and service-related experience and availability to complete the work; and
WHEREAS, the Community Development Department will manage the contracts, and the funds to cover each work authorization issued under each contract will be identified before work is allowed to begin. Contracts are currently anticipated to be funded using the City’s Encampment Resolution Fund Round 3 grant (ERF-3R) and /or the Housing Division’s Unhoused Interventions budget allocation.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes the Community Development Department to enter into Contracts for on-call Services in Support of Unhoused Richmond Residents with the above-mentioned firms, for an amount not to exceed $3,000,000 per vendor over a one-year period, with an additional one-year optional extension.
******************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on June 24, 2025, by the following vote:

AYES:
143
Reso. No. _____

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
144

June 24, 2025
Community Development
DATE: June 24, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Catherine Casimere, Housing Services Supervisor
Subject: Intracity Service Agreement Between the City of Richmond Community Development Department, Library,
and Employment & Training Division for Encampment
Resolution Funding Grant Services
FINANCIAL IMPACT: The City was awarded an Encampment Resolution Funding Round 3 (ERF-3R) grant in the amount
$9,336,746 in October 2024. As part of the City’s
application, grant funding was awarded to fund staffing to provide specified services for ERF-3R clients. This
Intracity Agreement will not have a fiscal impact to the City’s general fund as the services will be fully funded by the City’s ERF-3R grant.

PREVIOUS COUNCIL
ACTION:

December 17, 2024

STATEMENT OF THE
ISSUE:

This Intracity Service Agreement is to authorize the use of Encampment Resolution Funding Round 3 (ERF-3R)
funds awarded by the California Interagency Council on
Homelessness, part of the California Business,
Consumer Services and Housing Agency, to various City
of Richmond departments and divisions. The City’s ERF3R grant requires that funds be obligated by June 30, 2025. To meet this requirement, the City of Richmond
Community Development Department, Library, and
Employment & Training Division have identified eligible uses and are entering into this Intracity Service
AGENDA
REPORT
145

June 24, 2025
Agreement to formally obligate and appropriate grant
funds for the identified services.

RECOMMENDED ACTION: APPROVE a two-year Intracity Service Agreement between the City of Richmond Community Development
Department, Library, and Employment & Training
Division to obligate and appropriate Encampment
Resolution Funding Round 3 funds received from the
California Interagency Council on Homelessness part of
the California Business, Consumer Services and Housing
Agency to provide specified services for ERF-3R clients related to program management and coordination,
literacy and GED support, income development, job
placement, and vocational training – Community
Development (Lina Velasco /Jesus Morales 510-620-
6649, Catherine Casimere 510-620-6764).

DISCUSSION:

On December 17, 2024, the City Council adopted a resolution accepting and appropriating an Encampment Resolution Funding Round 3 (ERF-3R) award in the amount of $9,336,746. The ERF-3R award supports cross-systems collaboration and service strategies for Richmond residents experiencing homelessness in eligible encampments and reflects the City’s ongoing commitment to resolving homelessness in the City by implementing strategies and goals identified in the City’s Homelessness Strategic Plan. The ERF-3R project aims to serve 165 individuals, with a target of transitioning at least 90 people into stable housing pathways.

This two-year Intracity Service Agreement, covering Fiscal Years (FYs) 2025-26 and 2026-27, will provide a coordinated range of services including program management and coordination, literacy and GED support, income development, job placement, and vocational training.

The key purpose of the Intracity Service Agreement is to obligate and appropriate ERF3R funds received from the California Interagency Council on Homelessness (Cal ICH).

As outlined in the ERF Round 3 Notice of Funding Availability (NOFA), grantees must meet expenditure and obligation requirements, including at least 50% of funds be expended and 100% obligated by June 30, 2025. To meet these requirements, the City of Richmond Community Development Department, Library, and Employment & Training Division have identified eligible uses and are entering into this agreement to obligate and appropriate a portion of the grant funds.

Summary of Richmond’s ERF-3-R Project
Given the ongoing regional housing crises and faced with high rents, a shortage of affordable housing, and limited access to housing vouchers, many of the individuals served through Richmond’s Community Development Department with ERF funds will 146

June 24, 2025
need to secure sustainable income to avoid returning to homelessness. To address this challenge through the ERF-3-R project, Richmond will provide income-focused case management, and a robust vocational training program tailored specifically to empower participants who have been chronically homeless to step into jobs of increasing responsibility as they stabilize and develop long-term plans.

Of the $9,336,746 ERF-3R award, $ 1,294,412.96 million will be allocated specifically to the workforce development component, including vocational case management, training, job placements, and literacy and diploma support to allow people to gradually adapt to increased commitments.

Interacity Service Agreement Budget
Department / Program Position Title Total Cost Total Cost Notes Two Year Total Community
Development - Housing Housing Manager, 0.05 FTE $18,258.89 $18,258.89 Leads grant and project
implementation, manages
contracts, support other
City staff. $36,517.78
Community
Development - Housing
Housing Services
Supervisor, 0.5 FTE $123,583.32 $123,583.32
Program ject management,
day-to-day management of
contractors, review
invoices, supervcise admin
intern. $247,166.64
Community
Development - Housing Admin. Intern G/III, 1.0 FTE $50,836.50 $50,836.50 Adminiistrative support,
review and process
invoices, data collection,
grant expenditure tracking,
other duties as needed. $101,673.00
RichmondWORKS
(Employment & Training) Workforce Specialist II $155,228.40 $155,228.40 Case management for
25–30 participants;
supports training and
employment pathways. $310,456.80
RichmondWORKS
(Employment & Training) Unhoused work placements $225,000.00 $225,000.00 Fund employment for up to
45 unhoused clients, part
time, $10,000 for six
months over two years $450,000.00
Library (LEAP)
Adult Literacy & GED
Instructor, Learner
Coordinator/III $30,759.75 $30,759.75
Part-time: $32.55/hr, 15
hrs/week, 35 weeks/year
for 2 years. $61,519.50
Library (LEAP) Math Instructor, Learner Coordinator/III $30,759.75 $30,759.75 Same structure as above. $61,519.50 Library (LEAP)
Volunteer Tutor
Coordinator (Proportional
Time) $10,279.87 $10,279.87
12 hrs/month @ $39.66/hr.

Covers CASAS testing and
data management. $20,559.74
Library (LEAP)
Program materials and
supplies $2,500.00 $2,500.00
Textbook materials, office
supplies, computer
software licenses, GED
prep, ESL instruction $5,000.00
SUBTOTAL $647,206.48 $647,206.48
TOTAL BUDGET $1,294,412.96
FY 25-26 FY 26-27
147

June 24, 2025
SYNERGISTIC POLICIES:

On May 23, 2023, the City Council adopted the Homeless Strategic Plan to provide short-term and long-term steps to address homelessness. Within these goals, the following short-term action step was recommended.

Short Term Action Step 4.1: Expand workforce development services and employmentfocused case management that prioritizes employment of unhoused individuals.

The Intracity Service Agreement directly supports the goals outlined within the City of Richmond’s Homelessness Strategic Plan. Specifically, the agreement provides unhoused individuals access to educational skill development, occupational training, job search and placement assistance, and a broader array of opportunities and resources that contribute to personal development, wellness and health, and financial selfsufficiency, all of which are crucial for achieving and sustaining long-term housing stabilization.

CONCLUSION:

City staff recommends approval of the Intracity Service Agreement and authorization of its execution among the Community Development Department, Richmond Library, and Employment & Training Division to provide said services to improve outcomes for unhoused residents and coordinate efforts across departments to deliver real, lasting impact.

DOCUMENTS ATTACHED:

Attachment 1 – Intercity Service Agreement
148
4916-5012-9738 v1
Intracity Service Agreement
NO. 2024-ERF-3-R-01
Re: Encampment Resolution Funding Program Round 3
Between the

CITY OF RICHMOND COMMUNITY DEVELOPMENT DEPARTMENT

RICHMOND LIBRARY &

EMPLOYMENT & TRAINING DIVISION
Recipient Legal Name: City of Richmond
Federal Employer Identification Number: 94-6000403
Mailing Address for Payment: 450 Civic Center Plaza, Richmond, CA 94804 Award Period of Performance: Start: 12/27/2024 End: 04/15/2029 Total Amount of State Funds Awarded: $ 9,336,746.00
Award Budget Period: Start: 12/27/2024 End: 06/30/2027
Approved Indirect Cost Rate: 5%
Match or Cost Sharing: N/A
State Award Information funding this award in part or in its entirety Program Name Encampment Resolution Funding Program Round 3 Agreement No. 24-ERF-3-R-100022
Award Date: 10/04/2024
Total Amount of the State Award to Grantee: $9,336,746.00 Award Project Description: Support the resolution of homeless encampments within the identified City of Richmond Homeless
Encampment Corridor by providing targeted outreach,
engagement, supportive services, access to stable
housing, and supportive services for unhoused
individuals.

Name of State Awarding Agency, PTE, and Contact
Information for Awarding Official at PTE
California Department of Housing and Community
Development (HCD) in Business, Consumer Services and
Housing Agency
Is the award for research and development (R&E)? No
Indirect Cost Rate for the Award (PTE’s rate and base) 5% Conditions for Intracity Services Agreements
See: https://bcsh.ca.gov/calich/documents/erf_3r_nofa.pdf Imposes conditions on the use of funds by recipient
agency, department, or part of government receiving
funds to carry out the program
Sets forth specific requirements (e.g., scope of work and project deliverables)
Govern provision of funds from one agency, department,
or part of government to another to carry out an eligible use of ERF-3R funds
Is signed by the parties or otherwise evidence assent of parties
Does not disclaim binding effect or state that it does not create rights or obligations
This Intracity Service Agreement (“Agreement”) is entered into by and between the City of Richmond Community Development Department (hereinafter referred to as “Grantor”) located at 450 Civic Center Plaza Richmond, CA 94804, the City of Richmond Library (hereinafter referred to as “Library”), and the City of Richmond Employment & Training Division (“Employment & Training”) (Library and Employment & Training are hereinafter referred to as “Recipients”), to set forth the terms and conditions under which the Grantor will provide assistance to the Recipients. This Agreement is an award of state 149
4916-5012-9738 v1
grant funds under the Encampment Resolution Funding Program, Round 3 (ERF-3-R).

THEREFORE, it is agreed that the Grantor shall provide funding to the Recipient for services under the terms of this Agreement.

I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to authorize use and provide funds from the California Interagency Council on Homelessness, part of the California Business, Consumer Services and Housing Agency, (Cal ICH) to the Grantor.

On November 27, 2023, Cal ICH released a Notice of Funding Availability (NOFA), which provides various requirements concerning the use of grant funds. The NOFA provides that grant recipients must “expend at least 50 percent and obligate 100% percent of their allocation by 6/30/2025.” The Grantor, Library, and Employment & Training have identified uses of grant funds and are entering into this agreement to commit to and obligate those funds in order to meet the requirements of the NOFA.

II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
The period of performance for this award begins on the date hereof and ends on June 30, 2027. Recipients may use award funds to cover eligible costs incurred during the period that begins on June 24, 2025, and ends on June 30, 2027, contingent upon funding.

III. DESCRIPTION OF SERVICES

1. Grantor will allocate grant funds to pay for the Housing Manager- 0.05 FTE, Housing Services Supervisor,0.5 FTE, and an Administrative Intern, 1.0 FTE. Estimated budget allocation for these positions, salary and fringe benefits is at estimated at $192,678.71 annually, and $385,358 for two years. Total: $385,358. i. Description of position: Housing Manager monitors program budgets, performance metrics, and service delivery. and key liaison between project and the city, task force, and community; Housing Services Supervisor, day-to-day project coordinator; lead for consultants and contractors; regular presence at targeted encampment sites and interim housing/navigation center; convene ERF Advisory Board; leads project care team (including CORE case manager, housing navigators, and street outreach providers); manage partner contracts; Administrative Intern assists with data entry, file management, invoice processing, and document preparation.

2. Employment & Training, through RichmondWORKS, shall hire an ERF-3-R Workforce Specialist, or equivalent.

Estimated budget allocation for this position is $ $86,238 base salary, with additional fringe benefits estimated $68,990 for a total of $155,228 annually, and $310,457 for two years. Total: $310,457. i.Description of position: Conducts initial interviews and assessments with former encampment residents, collaborates with participants to develop individual education and training plans that may include basic skills and English Learner support. With a caseload of 25-30, the Case Manager will assist participants in identifying vocational goals; developing resumes and workplace skills; preparing for interviews; adapting to new employment; and retaining jobs. Monthly salary of $7,186.50 (Workforce Specialist II). Program support, including administration, training, and oversight, leveraged through services funded through the Workforce Innovation and Opportunities Act (WIOA).

3. Salary subsidies through RichmondWORKS for unhoused clients. RichmondWORKS will provide work subsidies for up to 22/23 unhoused clients annually for six months of part-time employment Including maintenance, landscaping, janitorial services in the city school district and private sector positions while receiving training and case management from RichmondWORKS. Estimated budget is 45 clients at $10,000 per person is $450,000 over two years.
i. Goal is for program participants to earn the income needed to remain increment housing longterm, provide stability, and avoid return to homelessness.

4. Library, through the Literacy for Every Adult Program (LEAP), shall hire one Adult Literacy & GED Instructor, or equivalent. Estimated budget allocation for this position is estimated at $30,759.75 annually, and $61,520 for two years. Total: $61,520.
i. Description of position: Provides direct instruction and assistance to learners in the program. Parttime position calculated at 32.55/hour and 15 hours/week and 35 weeks/year for a period of 150 two 4916-5012-9738 v1
years. Total annual salary is $17,088 plus $13,671 in sick pay benefits.

5. Library, through the Literacy for Every Adult Program (LEAP), shall hire one LEAP Math Instructor, or equivalent. Estimated budget allocation for this position is estimated at $30,759.75 annually, and $61,520 for two years. Total: $61,520.
i. Description of position: Provides direct math literacy instruction and assistance to learners in the program. Part-time position calculated at $32.55/hour and 15 hours/week and 35 weeks/year for a period of two years. Total annual salary is $17,088 plus $13,671 in sick pay benefits.

6. Library, through the Literacy for Every Adult Program (LEAP), dedicate time for the grant project from fulltime Volunteer Tutor Coordinators, or equivalent. Estimated budget allocation for this work is $10,279.87 annually and $20,560 for two years, Total: $20,560.
i. Description of position: Provides CASAS testing, data management and report compilation.

Calculated at $39.66/hour for 12 hours/month. Of the annual total, $5,711.04 is salary and $4,568.83 is benefits, which include health insurance, unemployment, Medicare, and workers' compensation insurance.

7. Library, through the Literacy of Every Adult Program (LEAP), support the purchase of program material essential to the implementation and effectiveness the LEAP. These materials include but not limited to:
textbook materials, office supplies, computer software, licenses, GED prep, and ESL instructional materials.

The annual cost is $2,500 and $5,000 for two years, Total: $5,000.

Interacity Service Agreement Budget
Department / Program Position Title Total Cost Total Cost Notes Two Year Total Community
Development - Housing Housing Manager, 0.05 FTE $18,258.89 $18,258.89 Leads grant and project
implementation, manages
contracts, support other
City staff. $36,517.78
Community
Development - Housing
Housing Services
Supervisor, 0.5 FTE $123,583.32 $123,583.32
Program ject management,
day-to-day management of
contractors, review
invoices, supervcise admin
intern. $247,166.64
Community
Development - Housing Admin. Intern G/III, 1.0 FTE $50,836.50 $50,836.50 Adminiistrative support,
review and process
invoices, data collection,
grant expenditure tracking,
other duties as needed. $101,673.00
RichmondWORKS
(Employment & Training) Workforce Specialist II $155,228.40 $155,228.40 Case management for
25–30 participants;
supports training and
employment pathways. $310,456.80
RichmondWORKS
(Employment & Training) Unhoused work placements $225,000.00 $225,000.00 Fund employment for up to
45 unhoused clients, part
time, $10,000 for six
months over two years $450,000.00
Library (LEAP)
Adult Literacy & GED
Instructor, Learner
Coordinator/III $30,759.75 $30,759.75
Part-time: $32.55/hr, 15
hrs/week, 35 weeks/year
for 2 years. $61,519.50
Library (LEAP) Math Instructor, Learner Co $30,759.75 $30,759.75 Same structure as above. $61,519.50 Library (LEAP)
Volunteer Tutor
Coordinator (Proportional
Time) $10,279.87 $10,279.87
12 hrs/month @ $39.66/hr.

Covers CASAS testing and
data management. $20,559.74
Library (LEAP)
Program materials and
supplies $2,500.00 $2,500.00
Textbook materials, office
supplies, computer
software licenses, GED
prep, ESL instruction $5,000.00
SUBTOTAL $647,206.48 $647,206.48
TOTAL BUDGET $1,294,413
FY 25-26 FY 26-27
151
4916-5012-9738 v1
IV. USE OF FUNDS

1. Grantor and Recipients understand and agree that the funds disbursed under this award may only be used in compliance with the terms of the NOFA, and consistent with the City’s representations in its application to Cal CIH for grant funding.

2. Grantor and Recipients understand and agree that they must comply with the terms and conditions of the Standard Agreement Grantor entered with the California Department of Housing and Community Development (“HCD”) relating to the grant funding being obligated herein, including without limitation the obligation to ensure funds are used consistent with the legislative intent to ensure safety and wellness of people experiencing homelessness in encampments. Permissible eligible uses are attached as Exhibit A hereto.

V. MANNER OF FINANCING
Grantor shall:

1. Allocate grant funds to pay for the Housing Manager- 0.05 FTE, Housing Services Supervisor,0.5 FTE, and an Administrative Intern, 1.0 FTE, and ensure payment of their salary and benefits using grant funds referenced in Section III Item 1., $385,358.

2. Provide to Employment & Training a funding amount of up to $760,457 for costs associated with the Recipient’s activities referenced in Section III, Items 2 and 3.

3. Provide to Library a funding amount of up to $148,599 for costs associated with the Recipient’s activities referenced in Section III, Items 4, 5, and 6.

4. Maintain records supporting that funds were used pursuant to Section III above and shall make such records available to Cal ICH upon request.

5. Prepare quarterly reports to Cal ICH as required by the NOFA.

6. Cooperate with post grant requests for information to assist Cal ICH study its program.

7. Cooperate with requests from HCD relating to the use of grant funds, including for information or inspection.

8. Utilize the City’s local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served.

9. Ensure that all grant funds are expended solely on activities that are eligible under Attachment A.

Recipients shall:

10. Maintain records supporting that funds received were used pursuant to Section III of this Agreement and make such records available to Grantor and/or Cal ICH upon request.

11. Ensure that any unused funding pursuant to this Agreement at the termination date shall be transferred back to the Grantor and the remaining balance of the award de-obligated.

12. Cooperate with requests for information and data required to help Grantor prepare quarterly reports as required by the NOFA.

13. Cooperate with post grant requests for information to assist Cal ICH study its program.

14. Questions regarding the appropriate use of the funds or invoices shall be resolved by a mutual written agreement between the Recipient and the Grantor. The Grantor may withhold payment of such questioned costs until reasonable questions are resolved.

15. Cooperate with requests from HCD relating to the use of grant funds, including for information or inspection.

16. Cooperate with Grantor concerning utilization of the City’s local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served.

17. Ensure grant funds are used for uses eligible under Attachment A.

VI. REPORTING REQUIREMENTS
The Recipients shall submit financial and programmatic reports to the Grantor for activities funded under this Agreement as requested. The Grantor expects full cooperation with requested information in a timely manner.

The format for these reports will be developed by the Grantor with input and agreement from the Recipient to ensure proper reporting of quantifiable impact metrics as required under any applicable guidance. Subrecipient also agrees to comply with any reporting obligations established by Cal ICH as they relate to this award. 152
4916-5012-9738 v1
VII. DOCUMENTS INCORPORATED BY REFERENCE
The Standard Agreement Grantor entered with HCD, executed in December 27, 2024.

VIII. NON-AVAILABILITY OF FUNDS
Every payment obligation of the Grantor under the Agreement is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Grantor at the end of the period for which funds are available. No liability shall accrue to Grantor in the event this provision is exercised, and the Grantor shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

IX. AUDIT
Recipients shall retain and shall contractually require each contractor and subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a period of five years after all funds have been expended or returned to Grantor, whichever is later. All records shall be subject to inspection and audit by the Grantor, or any other authorized third party at reasonable times. Upon request, the Recipient shall produce the original of any or all such records.

XII. OTHER
It is agreed that the Parties to this Agreement have participated fully in the negotiation and preparation of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. The Parties acknowledge they have been advised by counsel or have had the opportunity to be advised by counsel, in the negotiation and execution of the Agreement.

XIII. NOTICES
The Recipients address for all notices relative to this Agreement shall be to:

Employment & Training
330 25th Street
Richmond, CA 94804
ATTN: Tamara Walker
Literacy for Every Adult
440 Civic Center Plaza
Richmond, CA 94804
ATTN: Abigail Sims
Richmond Library
325 Civic Center Plaza
Richmond, CA 94804
ATTN: Kate Eppler
Deputy City Manager - Community Services
450 Civic Center Plaza
Richmond, CA 94804
ATTN: LaShonda White
The Grantor address for all notices relative to this Agreement shall be to:

Community Development Department
450 Civic Center Plaza
Richmond, CA 94804
ATTN: Lina Velasco
153
4916-5012-9738 v1
IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.

CITY OF RICHMOND COMMUNITY DEVELOPMENT DEPARTMENT
___________________________
Lina Velasco, Director of Community Development

CITY OF RICHMOND COMMUNITY SERVICES
___________________________
LaShonda White, Deputy City Manager Community Services

CITY OF RICHMOND EMPLOYMENT & TRAINING DEPARTMENT
___________________________
Tamara Walker, Deputy Director of Community Services – Employment & Training

CITY OF RICHMOND LIBRARY
___________________________
Kate Eppler, Deputy Director of Community Services – Library 154
4916-5012-9738 v1
Attachment A: Eligible Uses of Funds
155
Ineligible Costs
156
Attachment B
Standard Agreement with Cal ICH
157
SCO ID:

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �------------�---------------,

STANDARD AGREEMENT AGREEMENT NUMBER
24-ERF-3-R-100022
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR NAME
City of Richmond

2. The term of thi� Agreement is:

START DATE
Upon HCD Approval

THROUGH END DATE
4/15/2029

3. The maximum amount of this Agreement is:
$9,336,746.00 (Nine Million Three Hundred Thirty Six Thousand Seven Hundred Forty Six Dollars and No Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Authority, Purpose, and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* General Terms and Conditions
Exhibit D ERF General Terms and Conditions
Exhibit E Special Terms and Conditions

TOTAL NUMBER OF PAGES ATTACHED
Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https:l/www.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Richmond

CONTRACTOR BUSINESS ADDRESS
450 Civic Center Plaza

PRINTED NAME OF PERSON SIGNING
CITY
Richmond
TITLE "
C,l

DATE SIGNED
STATE
CA
Pages
6 4
GTC
4/2017
11 2
23 ZIP
94804
Paae 1 of 2
158
SCO ID:

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .----------------,----------------.

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS
651 Bannon Street, Suite 400

PRINTED NAME OF PERSON SIGNING

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

AGREEMENT NUMBER
24-ERF-3-R-100022
PURCHASING AUTHORITY NUMBER (If Applicable)

STATE OF CALIFORNIA

CITY STATE ZIP
Sacramento CA 95811
TITLE
Contract Services Section Manager

DATE SIGNED
EXEMPTION (If Applicable)
Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo, dated
06/12/1981)
Paae 2 of 2
Edona Evans
12/27/2024
159
City of Richmond
24-ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. 160
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m); A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.

B. “Agency” means the Business, Consumer Services, and Housing Agency.

C. “Applicant” means a continuum of care or local jurisdiction.

D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. “County” includes, but is not limited to, a city and county.

G. “Department” means the California Department of Housing and Community Development.

H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.

I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.

L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.

M. “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF program:
161
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.” “Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.
162
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of Richmond
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
450 Civic Center Plaza,
Richmond, California 94804

CONTRACT
COORDINATOR Jeannie McKendry Lina Velasco
PHONE
NUMBER: (916) 490-9589 (510) 620-6841
EMAIL
ADDRESS:

[email protected]
[email protected] [email protected] 163
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:
164
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
165
24-
City of Richmond
ERF-3-R-100022

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payee
Name: City of Richmond Amount: $9,336,746.00

2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes
1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
166
24-
City of Richmond
ERF-3-R-100022

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
167
24-
City of Richmond
ERF-3-R-100022

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. Ineligible Costs
168
24-
City of Richmond
ERF-3-R-100022

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution. 169
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

ERF GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, 170
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.

The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
171
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation
1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
172
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request. 173
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. Public Records Act
The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
174
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. 175
City of Richmond
24-ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
176
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and 2) Will agree to abide by terms of Grantee’s condition of employment or 177
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
subcontract.

11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
178
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
179
City of Richmond
24-ERF-3-R-100022

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
180
City of Richmond
24-ERF-3-R-100022

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
181
24-
City of Richmond
ERF-3-R-100022

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
182

June 24, 2025
Community Development
DATE: June 24, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Catherine Casimere, Housing Services Supervisor
Subject: Sole Source Contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department for
ERF–3R Project
FINANCIAL IMPACT: The City Council accepted and appropriated an Encampment Resolution Fund Round 3 (ERF-3R) award
totaling $9,336,746. The grant funds include resources
for rent assistance, flex funds, and supportive services, such as case management and housing navigation
services. This contract will have no impact on the
General Fund since it will be fully funded by the City’s grant. The 2-year contract amount will not exceed
$4,403,705 and will be paid from the ERF-3R grant funds (account string: 13961119-400201).

PREVIOUS COUNCIL
ACTION:

December 17, 2024

STATEMENT OF THE
ISSUE:

Since 2023, the City has been partnering with Contra
Costa Health’s Health, Housing, and Homelessness
Services (H3) Department on implementation of the
City’s encampment resolution funding projects. Over the years, these services have expanded from just providing coordinated entry outreach to include project
management and rapid rehousing services to leverage
the County staff experience and Continuum of Care
(CoC) programs. This new sole source contract will
AGENDA
REPORT
183

June 24, 2025
extend this partnership to the City’s Encampment
Resolution Funding Round 3 (ERF–3R) project.

RECOMMENDED ACTION: APPROVE a sole-source contract with Contra Costa Health’s Health, Housing, and Homelessness Services
Department to provide project management and support
services for people living in ERF-3R eligible
encampments onto paths to safe and stable housing and
employment opportunities, for a total contract amount not to exceed $4,403,705, and a term extending through
June 30, 2027 - Community Development (Lina
Velasco/Jesus M. Morales 510-620-6649).

DISCUSSION:

On December 14, 2024, the City Council accepted and appropriated an Encampment Resolution Round 3 (ERF-3R) award totaling $9,336,746. The grant funds include resources for project management, rent assistance, street outreach, and support services, such as case management, housing navigation services, job training and placement services, and other supportive services.

The City has previously contracted with Contra Costa Health’s (CCH) Health, Housing, and Homelessness Services (H3) Department in its implementation of its various encampment resolution funding projects. In ERF-1, H3 provided Coordinated Outreach Referral, Engagement (C.O.R.E.) program services to the ERF-1 clients. As part of the implementation of ERF-2R, H3 provides project management, C.O.R.E. outreach, case management, and housing navigation services for ERF-2R clients. The ERF-2R contract has provided an opportunity to collaborate with the County to learn from their vast experience to build City capacity to perform such work in a more sustainable and cost-efficient manner. This partnership has also provided the opportunity to leverage additional County resources to assist ERF–2R clients.

City staff desires to extend its partnership with CCH H3 to continue to:
1) Leverage County staff’s expertise and experience in project management related to homelessness services;
2) Leverage County resources by having County staff familiar with County services embedded in project activities;
3) Serve as a model for City and County partnership for the State in tackling homelessness by blending resources to reduce the per capita costs and fill serve gaps; and,
4) Enhance data tracking and reporting through HMIS.

The proposed scope of work to be provided by H3 for the ERF-3R project is centered around providing the following services:
 One ERF-3R Project Manager;
184

June 24, 2025
 A two-person C.O.R.E. team to provide outreach and support for ERF-3R clients at a City’s navigation facility;
 A Rapid Rehousing service provider that will provide case management, housing navigation, and rental payment services;
 Priority of 8 beds at County shelters for ERF-3R clients. ERF-3R clients would be provided with case management and housing navigation services by the County shelter at no additional cost; and,
 Facilitating referrals to other County programs.

Full details of the Scope of Work and Budget are detailed in Exhibit A of the City of Richmond Standard Contract in Attachment 1. The contract will be managed by the Community Development Department.

Below is the summary budget breakdown of anticipated costs. 185

June 24, 2025
SYNERGISTIC POLICIES:

On May 23, 2023, the City Council adopted the Homelessness Strategic Plan to provide short-term and long-term steps to address homelessness. Within these goals the following short-term and immediate action steps were recommended.

Short-term Action Step 1.4: Expand case management and other care-related individualized services directly in encampments to build connections for unsheltered individuals to have access to an expanded array of opportunities and resources for personal development, wellness and health, and financial means to secure and sustain housing, and ongoing support for long-term stabilization.

Short-term Action Step 5.2 and Priority Action Step 6 - Strengthen collaboration between the City, County and community-based organizations to improve data collection, implement this Strategic Plan, provide services in the city, and apply for funding opportunities. The dedicated City staff person would determine frequency and format of interagency collaboration, which could include systems level partner meetings, a local data workgroup, or direct service coordination.

This contract is aligned with the short-term and immediate action steps and will further the goals and actions identified within the adopted Homelessness Strategic Plan.

CONCLUSION:

City staff recommends approval of the sole source contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department to provide project management and support services for people living in ERF-3R eligible city encampments onto paths to safe and stable housing and employment opportunities, for a total contract amount not to exceed $4,403,705, and a term extending through June 30, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Contract with H3
186

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

Community Development Jesus M. Morales [email protected] (510) 620-6649 8251 Contra Costa County Health, Housing and Homeless Services {H3) Department will provide project management and case management services to City of Richmond's unsheltered population. Contra Costa County for its H3 Division 2400 Bisso Lane Suite D 2nd Floor Concord, CA 94520 Jenny Robbins (925) 608-6703 [email protected] N/A County Agency July 1, 2025 June 30, 2027 4,403,705.00 187

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

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

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contra Costa County for its H3 Division
188
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

Contra Costa County for its H3 Division
See the attached ERF-3-R Service Plan
189

EXHIBIT A
ERF-3-R Service Plan

1. Scope of Services
During the term of this Contract Contra Costa County Health, Housing and Human Services Department (Contractor), shall be responsible for the management and administration of the City’s Encampment Resolution Funding Round 3 (ERF-3R) Program.

The Contractor shall coordinate with the City of Richmond and its contracted and subcontracted service providers to ensure the delivery of program services in compliance with the standards and requirements established by the City of Richmond’s Community Development Department.

Contractor’s scope of services shall include, but is not limited to, the following:
a. Project Management
i. Provide direction and oversight to City’s ERF-3R Program, including the development of systems, policies, and procedures to be in accordance with program requirements.
ii. Provide guidance to City contractors and direct oversight of County subcontractors to support multiple housing services available to eligible individuals experiencing homelessness who qualify under the City’s ERF3R Program. iii. Collaborate with stakeholders to propose interventions or change strategies and develop performance measures or other trackable measures for success for efforts to reduce unsheltered homelessness within the identified City Homeless Encampment Corridor (HEC) for its ERF-3R Program.
iv. Facilitate and lead weekly case conference meetings with service providers for participants enrolled in the City’s ERF-3R program. v. Prepare project activity reports and ensure compliance with City ERF-3R funding requirements.
vi. Manage prioritization and placement of ERF-3R participants into identified County-operated emergency shelter beds.
vii. Set weekly and monthly engagement goals and tracking with staff. b. Emergency Shelter Beds
i. Maintain availability of up to eight (8) shelter beds OR up to 2,920 bed nights that will be available for ERF-3R referrals from the period of July 1, 2026 to June 30, 2027. These bed nights will be at whichever County operated shelter that has available beds for City ERF-3R participants. ii. Provide emergency and temporary shelter and case management services to City ERF-3R participants.
c. Homeless Street Outreach
190
i. Contractor will staff one additional two-person ERF-3R CORE team from July 1, 2025, to June 30, 2026, and two two-person ERF-3R CORE teams from July 1, 2026, to June 30, 2027, to identify and initiate contacts with homeless individuals living within the City of Richmond’s Homeless Encampment Corridor (HEC), which is inclusive of streets, parks, and highway locations. The teams will assess participants’ housing and transportation needs and facilitate connections to shelter, public benefits, behavioral health and primary healthcare services, and other essential resources. Contractor will provide culturally competent services to the homeless community.
d. Rapid Re-Housing
i. The Contractor will subcontract with a homeless services provider to deliver housing navigation, financial assistance, and case management services for up to ninety (90) ERF-3R eligible participants in the City’s ERF3R Program. Contractor will ensure that participants receive housingfocused case management support services, which include, but are not limited to, the following:

1. Develop a Housing Sustainability Plan outlining a strategy for securing income or reducing expenses.

2. Provide support with personal financial planning and life skills, including managing a household and shopping for food.

3. Assist participants with accessing needed services, such as:
• Food assistance
• Substance use treatment
• Education and training
• Employment assistance
• Benefits assistance
• Healthcare
• Mental health counseling
• Childcare
• Credit repair from community-based agencies

4. Conduct monthly reassessments to evaluate participant progress toward housing sustainability plan.

5. Coordinate with the City’s ERF-3R Project Manager or other City designated staff to ensure a coordinated service delivery approach.

6. Provide housing navigation services to assist participants in locating affordable housing that they can sustain beyond program participation.
191

7. Negotiate and finalize housing lease terms between property owners or landlords and participants.

8. Set weekly and monthly participant transition plans with City and County subcontractor staff.

9. Provide financial assistance to participants as needed, including but not limited to:
• Security deposits
• Utility deposits or payments
• Moving costs
• Hotel or motel vouchers
• Paid shelter costs
• Housing application and credit or background check fees • Partial or tiered rental subsidies
• Full rental subsidies (subject to prior approval by the City ERF3R Project Manager or designee. Provide rental assistance for up to twenty-four (24) months depending on individual needs and housing costs.
• Financial assistance cap is subject to the attached Budget of Estimated Program Expenditures (incorporated herein by
reference).
• Any financial assistance beyond this limit requires approval by the ERF-3R Program Manager or designee,

10. Collect and document Participant data and services delivered into County’s Homeless Management Information System (HMIS)
within three (3) days from when service occurred,

11. Utilize the Critical Time Intervention (CTI) approach to service – delivery, focusing on connecting participants to long-term supportive services that promote housing retention and quality of life improvements.

12. Conduct quarterly assessments (documented in HMIS) to evaluate participants continued need for financial assistance and case management services and establish a plan for ending rental assistance and supportive services.

13. Follow-up Participants at 30, 60, 90, and 180-day post-housing subsidy to assess housing stability and provide referrals to additional resources if needed.
192

2. Timeline
The contract for the ERF-3R program is proposed to run for 24 months from July 1, 2025, through June 30, 2027. However, this timeline may be extended or shortened based on various factors, including but not limited to community needs, budget availability, and program performance. The proposed timeline is subject to change and may be amended based on mutual agreement between the City and the Contractor.

Contract executed with Contra Costa
County
Effective July 1, 2025
Project Manager hired July 1, 2025
Project Manager onboarded and begin
attending weekly scheduled meetings with
service providers and City staff to review
participant status
August 1, 2025 (ongoing via weekly
meetings)
Project Manager coordinating with service
providers and City staff to update HMIS
participant data as encampment outreach
starts
August 1, 2025 (ongoing)
Eligible unhoused residents and individuals
in the Housing First pipeline begin
developing a housing transition plan, needs
assessment, and referrals to other County
support services including housing.

September 1, 2025 (ongoing)

3. Project Outcome and Evaluation
The City, in collaboration with the Contra Costa County Project Manager, will establish clear performance metrics and goals following contract execution. The table below may be amended, subject to the approval of the Director of Community Development, to reflect the needs of the community and shared program objectives.
a. Housing placement rate: This metric measures the rate at which unhoused individuals are successfully placed into temporary or permanent housing through the program.
i. Formula: (Number of individuals successfully housed) ÷ (Total number of program participants).
b. Housing stability rate: This metric measures the rate at which individuals remain stably housed after being placed on the program.
i. Formula: (Number of individuals maintaining housing for six months) ÷ (Total number of individuals housed).
ii. Formula: (Number of individuals maintaining housing for one year) ÷ (Total number of individuals housed)
193
c. Income gain: This metric measures the increase in income for individuals in income development facilitated by the ERF-2R program.
i. Formula: (Participant income after program participation) – (Participant income before program participation).
d. Employment rate: This measures the rate at which individuals secure and maintain employment after participating in job-training education and income sustaining programs.
i. Formula: (Number of employed individuals) ÷ (Total number of program participants).
e. Support services utilization: this metric evaluates the participant satisfaction with housing and support services provided through the program. i. It can be assessed through surveys or interviews to gather participants’ feedback on program experiences and overall impact. of the program on their lives.

These metrics will help the City and Contra Costa County Project Manager to assess the effectiveness of the ERF–3R program in supporting unhoused individuals and identifying areas for improvement.

Program
Component
Program Outcome Indicator/Measurement Goal Evaluation
Method
Placement Provide long-term,
safe, and
supportive housing
for unhoused
clients.

Number of residents housed
via the ERF-3R grant
program.
90 Tabulation or
count reported
by case
managers, service
provider
partners,
participants, and
Number of landlords
participating in the program.

TBD Lease
agreements
Percentage of people who
remain housed for 6 months.
80% HMIS Data
Percentage of people who
remain housed for 12
months
70% HMIS Data
194
Sufficiency Participants will
increase their
income, complete
job training, and
secure
employment.

Percentage of clients that
increase income and income
stability
60% Tabulation or
count reported
by case
managers, service
provider
partners,
participants, and
HMIS data.

Percentage of clients that
started and completed jobtraining or secure
employment
60% Tabulation or
count reported
by case
managers, service
provider
partners,
participants, and
HMIS data.

Health Provide access to
healthcare services,
including physical
health, behavioral
health (substance
use), and mental
health support.

Number or percentage of
participants receiving care
management services.
80% Tabulation or
count reported
by case
managers, service
providers, and
participants.

Number or percentage of
participants accessing and
utilizing healthcare services.
75% Tabulation or
count reported
by case
managers, service
providers, and
participants.

Number or percentage of
participants accessing and
utilizing other supportive
services.
80% Tabulation or
count reported
by case
managers, service
providers, and
participants.

Percentage of participants
reporting satisfaction with
care management or other
supportive services.
75% Participant
survey response
195

4. Program budget
Contra Costa County Health, Housing and Human Services Department (Contractor) shall provide services specified in the Scope of Work for a total not to exceed contract amount of $4,403,705.
196

4. Program budget – CORE Team
Team Name: Richmond ERF-3R
Contract Term: 7/1/25-6/
Funding source(s)
Contract
Total Year 1
Contract Total
Year 2
Funding Amount $ 917,667
Option Code(s)
CFDA Number FY 25-26 FY 26-27
edera, State, or Local Funding
Position Titles FY 25-26 Salary FTE Salaries FTE FY 26-27 Salary FTE Program Manager $92,415 0.00 -
-
- $95,187 -
Program Coordinator $84,000 0.25 21,000 0.25 21,000 $86,520 0.25 21,630 $ Outreach Specialist $57,750 1.00 57,750 1.00 57,750 $59,483 2.00 118,965 $ Care Coordinator $75,600 1.00 75,600 1.00 75,600 $77,868 2.00 155,736 $ Dispatcher $57,750 0.00 - - $59,483 -
Data Analyst $67,246 0.00 - - $69,263 -
Data Specialist $55,308 0.00 - - $56,967 -
Program Director $117,167 0.00 - - - $120,682 -
Overtime 0.02 3,105 0.02 3,105 0.02 5,494
Doubletime 0.01 1,036 0.01 1,036 0.01 2,747
Total FTE & Total Salaries 2.28 158,491 2.28 158,491 304,572 PT Fringe Benefits 12.30% - -
FT Fringe Benefits 38.74% 61,399 61,399 38.74% 117,991
Heluna F&A 13.00% 28,586 28,586 13.00% 54,933
Subtotal Personnel Expenses 248,476 248,476 477,496
Operating Expenses
Vehicle expenses (rental, gas, etc.) 22,180 1.0 22,180 44,360 Phone & IT Expenses 4,040 4,040 8,080
Client Expenses (Transit
tickets, water, food,
emergency supplies, etc.) 5,000 5,000 10,000
Other Costs (office
supplies, employee
uniforms, storage unit etc.) 4,870 4,870 9,740
Subtotal Operating Expenses 36,090 36,090 72,180
Subtotal Direct Expenses 284,566 284,566 549,676
Admin Indirect Expense 10% 28,457 28,457 54,968
313,023 313,023 604,644
Housing Security Fund (HSF)

TOTAL PROGRAM EXPENSES
Richmond ERF 3R
197

4. Program budget- Administration and Shelter
198
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Jesus M. Morales Jesus M. Morales Contra Costa County for its H3 Division 199
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ Jesus M. Morales [email protected] Contra Costa County for its H3 Division Contra Costa County for its H3 Division 2400 Bisso Lane Suite D 2nd Floor Concord, CA 94520 [email protected] Jenny Robbins 200
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Contra Costa County for its H3 Division
201
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

Contra Costa County for its H3 Division
202
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Contra Costa County for its H3 Division
203
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. 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 City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contra Costa County for its H3 Division
204
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contra Costa County for its H3 Division
205
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

Contra Costa County for its H3 Division
206
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Contra Costa County for its H3 Division
207
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contra Costa County for its H3 Division
208
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 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”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

Contra Costa County for its H3 Division
209
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

Contra Costa County for its H3 Division
NONE
210
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contra Costa County for its H3 Division
211
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Contra Costa County for its H3 Division
212
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
213
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 214
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
215
216
217
218
219
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (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.

Printed Name: Title:

Signed: Date:

Business Entity:

Contra Costa County for its H3 Division
220
Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions. (if additional space is needed, include them in a separate page) 221
2 | P a g e
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 222
3 | P a g e
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________ --------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

APPROVED: ____________________ DATE: ___/___/___
NOT APPROVED: ________________ COMMENTS: ____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding). 3. Features which exceed the minimum department requirements. 6 17 2025
223