Richmond City Council
July 1, 2025

PLEASE NOTE: HYBRID MEETING FORMAT

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

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

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

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Vice Mayor, District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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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.

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

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

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

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

Click here for City Harassment Policy

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 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau
•
Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

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

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

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
•
C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Terminal One Development, LLC•
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Lonnie Holmes, et al. v. City of Richmond, et al. •
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
4:55 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY OPEN FORUM
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Contract with SWCA Environmental Consultants to perform an Environmental Review of the Richmond Village Property
17 ADOPT a resolution and APPROVE a contract with SWCA Environmental Consultants to perform a 24 Code of Federal Regulations (CFR) Part 50 Environmental Review of the Richmond Village property for an amount not to exceed $17,500 – Richmond Housing Authority (Antoinette Terrell 510-620- 6784/Gregory Palomino 510-621-1361).

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

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

CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) S.1 NEW EMPLOYEE REPORT - 1st Tuesday
T. 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)
U. 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.)
U.1 City Attorney's Office
U.1.a Legal Services Agreement Amendment No. 2 with Stoel Rives, LLP 48 APPROVE a second amendment to the legal services agreement with Stoel Rives, LLP appropriate and adequate representation in future and pending land use and CEQA related litigation (Guidiville/Land Use), in the amount of $65,000 for a total amount not to exceed $75,000, with term ending December 31, 2026 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510- 620-6509).

U.1.b Contract Amendment No. 4 to the legal services agreement with Bennett Gelini & Gelini, APC
77 APPROVE a fourth amendment to the legal services agreement with Bennett, Gelini & Gelini, APC, to increase compensation by $300,000, for a total amount not to exceed $859,990, with term ending December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).
7 U.1.c Amendments to Richmond Municipal Code Chapter 3.54 to add training component
114
ADOPT an ordinance (second 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).

U.2 City Council
U.2.a Resolution Urging Congress to Assert its Constitutional Authority and Prevent Future Unauthorized Military Action Against Iran 125
ADOPT a resolution urging the United States Congress to assert its constitutional authority by passing a War Powers Resolution that reaffirms its exclusive right to declare war, and to prevent any future unauthorized military action against Iran or any other country; as the resolution also calls for a commitment to diplomacy and expresses solidarity with civilians impacted by conflict in the region, and DIRECT the city clerk to send copies of this resolution to the President of the United States, U.S. Senators representing California, and all members of the U.S. House of Representatives representing districts in Contra Costa County - Councilmember Soheila Bana (510- 672-3490)/Councilmember Doria Robinson (510-620-
6568)/Councilmember Claudia Jimenez (510-620-6565).

U.3 City Manager's Office
U.3.a Authorize the City Manager to Contract for Immigrant Legal Services and Public Awareness Campaign
129
AUTHORIZE the city manager or their designee to negotiate and execute service agreement(s) as necessary, with qualified fiscal sponsor(s), appropriate agencies, or service providers as necessary to ensure the timely provision of immigration legal services and related support as directed by the City Council on March 4, 2025, for up to $1,000,000 – City Manager’s Office (Shasa Curl 510-620- 6512).

U.3.b ECIA Grant Award Recommendations for Fiscal Year 2025-26 (Category 1, 2 & 4)
196
APPROVE a recommendation from the Environmental & Community Investment Agreement (ECIA) Grant Review Committee for Fiscal Year 2025-2026 grant awards to 28 organizations in an amount not to exceed $750,000; ADOPT a resolution and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (Patrick Seals/Nicholas Delgado 510-620-6512).
8 U.4 Community Development
U.4.a Amendment of the City’s Tobacco Retailers Moratorium 226 ADOPT an ordinance (second reading) amending Ordinance No. 03- 25, as amended, to 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).

U.5 Economic Development
U.5.a Contract with RDH Building Science, Inc. for Assessment and Preliminary Rehabilitation Plan
248
ADOPT a resolution and APPROVE a contract with RDH Building Science, Inc. in an amount not to exceed $72,500 to conduct a facility assessment and prepare a preliminary rehabilitation plan for the Processing Building at the Point Potrero Marine Terminal, and AUTHORIZE the city manager or their designee to execute a contract with a term ending June 30, 2026 – Economic Development Department/Port Department (Charles Gerard/510-620-6792).

U.5.b Contract Amendment No. 3 with W.R. Forde and Associates, Inc. for Repairs at Point Potrero Marine Terminal and Canal Boulevard 339
APPROVE a third contract amendment with W.R. Forde and
Associates Inc. in the amount of $200,000 for additional essential safety repair improvements and maintenance at the Point Potrero Marine Terminal and Canal Boulevard for a total payment limit of $616,749, with a term ending December 31, 2025 - Economic Development Department/Port Department/Public Works Department (Charles Gerard 510-620-6792/Daniel Chavarria 510-620-5478).

U.5.c Contract with GRID Alternatives for Low-Income Solar Installation Services
377
APPROVE a sole-source contract with GRID Alternatives to continue to provide solar system installations to over 20 low-income households in Richmond in an amount not to exceed $700,000, with a three-year term beginning July 15, 2025, with an option to extend for one year - Economic Development Department (Valerie Li 510- 621-1554/Samantha Carr 510-620-5407/Nannette Beacham 510- 621-1306).
9 U.6 Human Resources
U.6.a Contract with All Star Talent, Inc., for 411
APPROVE a contract with All Star Talent, Inc. for a term beginning July 1, 2025, to June 30, 2027, and a payment limit of $355,500, to design a robust virtual recruitment and marketing campaign for specialized and hard-to-fill vacancies – Human Resources (Nickie Mastay/Sharrone Taylor 510-620-6602).

U.6.b Resolution to Approve Salary Schedules in Accordance with California Code of Regulations 570.5(a) (2 CCR § 570.5) 454
ADOPT a resolution amending the salary schedules for all unions to comply with California Code of Regulations, Subchapter 1, Employees’ Retirement System Regulations section 570.5 (a) (2 CCR § 570.5) as required by CalPERS – Human Resources
Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

U.6.c Contracts with Bob Murray & Associates and The Byers Group for Recruitment Services
576
APPROVE a contract with Bob Murray & Associates for the purpose of conducting recruitments for specialized positions with a payment limit of $34,000, and term beginning July 1, 2025, through June 30, 2026, and APPROVE a second amendment to the contract with The Byers Group to increase the payment limit by $25,000, for a total payment limit of $75,000, for as-needed recruitment services - Human Resources Department (Nickie Mastay/Sharrone Taylor 510- 620-6602).

U.6.d Resolution Amending Staffing (Position Control) 675 ADOPT a resolution amending staffing (position control) to reallocate existing positions to Paratransit Coordinator, Chief Innovation Officer, Project Coordinator (Y-Rate) and Confidential Investigator – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

U.6.e Amend the Salary Schedule 682
ADOPT a resolution amending the salary schedule to add the salary range for Community Ambassador and Chief Innovation Officer, Y- rate salary range for Project Coordinator, and title change for Confidential Investigator – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
10 U.6.f Legal Services Agreement with Meyers Nave for Confidential and Personnel Investigative Services
687
APPROVE a legal services agreement with Meyer Nave for an amount not to exceed $75,000 and term of July 1, 2025, through June 30, 2027, to conduct confidential and impartial personnel investigations – Human Resources Department/City Attorney’s Office (Nickie Mastay/Sharrone Taylor 510-620-6602/Shannon Moore 510- 620-6509).

U.6.g Contract Amendment No. 2 with Set-Up for Success 707 APPROVE a second contract amendment with Set-Up for Success with a term expiration of June 30, 2026, and an increase to the payment limit of $188,000, for a total amount not to exceed $270,500, and APPROPRIATE funds as required for continued organizational consulting services – Human Resources Department (Nickie Mastay/Sharrone Taylor/Patrick Seals 510-620-6602).

U.7 Library and Community Services
U.7.a Contract with Corovan Moving & Storage Co. to Relocate the Main Library
752
APPROVE a contract with Corovan Moving & Storage Co. for $49,814.84, with a term beginning July 1, 2025, and ending June 30, 2026, for moving services for relocation of materials from Richmond Main Library at 325 Civic Center Plaza to the temporary library site, and moving services for staff desks to 330 25th Street – Community Services Department (Christopher Larsen 510-620-5524/Kate Eppler 510-620-5452/LaShonda White 510-620-6828).

U.7.b Purchase of Mobile Shelving for Temporary Civic Center Library 781 APPROVE the purchase of 14 mobile, double-sided display shelves from Demco for a purchase price not to exceed $30,000 — Community Services Department (Christopher Larsen 510-620- 5524/Kate Eppler 510-620-5452).

U.7.c Contract Amendment No. 2 with Charleston Mobility for Electric Bikeshare Operations
785
APPROVE a second contract amendment with Charleston Mobility in an amount not to exceed $410,000 for a total not to exceed contract amount of $3,150,341, with a term ending September 19, 2028, to support the continued operation of the citywide electric bikeshare program; and APPROPRIATE $410,000 from the Environmental and Community Investment Agreement (ECIA) Transportation budget to cover the cost of the contract amendment – Community Services Department (LaShonda White 510-620-6828/Gabino Arredondo 510- 620-6606).
11 U.7.d Memorandum of Understanding with Mandated Partners of the America’s Job Centers of California (AJCC) System
848
APPROVE the Memorandum of Understanding (MOU) between the City and mandated partners of the America’s Job Centers of California system and AUTHORIZE the city manager to execute the MOU – Community Services (Tamara Walker 510-307-8006).

U.8 Mayor's Office
U.8.a Amend the 2025 Appointments to Committees and Liaison Positions 909 AMEND the appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

U.8.b Proclamation Honoring the 100th Anniversary of McGlothen Temple Church of God in Christ
914
PROCLAMATION Honoring the 100th Anniversary of McGlothen Temple Church of God in Christ - Mayor Eduardo Martinez (510-620- 6503)/Vice Mayor Cesar Zepeda/Councilmember Doria Robinson (510-620-6861).

U.8.c Appointment of Chad DeWitt to the Historic Preservation Commission 917 APPOINT Chad DeWitt to the Historic Preservation Commission, with a term that expires July 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

U.9 Police Department
U.9.a Purchase of Air Purifying Respirators from LC Action 921 APPROVE the purchase of air purifying respirators from LC Action for a total amount not to exceed $29,159.54 to ensure the safety and effectiveness operating in environments contaminated with chemical agents – Police Department (Chief Bisa French 510-621-1802).

U.9.b Purchase of Mobile Data Computers and related hardware from Duratech USA, Inc.
928
APPROVE the purchase of Mobile Data Computers and related hardware for an amount not to exceed $50,000 from Duratech USA, Inc. – Police Department (Chief Bisa French 510-621-1802).

U.9.c Purchase of Public Safety and Tactical Ballistic Safety Equipment from LC Action Police Supply
935
APPROVE the purchase of public safety and tactical ballistic safety equipment for the Police Department’s Tactical Response Team from LC Action Police Supply in an amount not to exceed $133,415.90 – Police Department (Chief Bisa French 510-621-1802).
12 U.10 Public Works
U.10.a Contracts for On-Call Construction Management and Inspection Services
944
ADOPT a resolution authorizing service contracts with five firms for as-needed construction management and inspection services, in an amount not to exceed $3,750,000 per firm, over a three-year period from July 1, 2025, through June 30, 2028, with two optional one-year extension years, for a total amount not to exceed $2,500,000 per firm for the extension period – Public Works Department (Janney Lockman 510-307-8097/Robert Armijo 510-620-5477).

U.10.b Authorizing an Appropriation to Fund the Point Molate Bay Trail Project
1083
ADOPT a resolution authorizing the appropriation of $1,000,000 from the General Capital Fund to fully fund the Point Molate Bay Trail Project – Public Works Department (Robert Armijo 510-620- 5477/Darcie DeLashmutt 510-672-3944).

U.11 Rent Program
U.11.a Resolution Establishing the Fiscal Year 2025-26 Residential Rental Housing Fee
1096
ADOPT a resolution establishing the Fiscal Year 2025-26 Residential Rental Housing Fee in the amount of $267.00 per Controlled Rental Unit and $151.00 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).

V. PUBLIC HEARINGS
V.1 Public Hearing for the Collection of the Sanitary and Storm Fees for Fiscal Year 2025-26
1102
HOLD a public hearing and ADOPT a resolution approving a report of sewer service charges for Fiscal Year 2024-25 allowing for the sanitary and stormwater fees to be collected on the annual 2025-26 tax rolls – Public Works Department (Mary Phelps/Daniel Chavarria 510-620-6594).

W. NEW BUSINESS
W.1 Grand Jury Report No. 2503 Regarding Staffing Challenges Facing the Richmond Police Department
1742
APPROVE the City of Richmond’s response to the 2024- 2025 Contra Costa Civil Grand Jury Report No. 2503 entitled “Staffing Challenges Facing the Richmond Police Department: Diminishing Funds and Fewer Officers” and submittal of the response to the Contra Costa Grand Jury – City Manager’s Office (Shasa Curl 510-620-6512/Bisa French 510-621-1802). 13 W.2 Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years.
1770
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, and June 24, 2025, meetings.

W.3 Develop and Launch a 6-month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews
1916
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 working- titled “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, and June 24, 2025, meetings. 14 W.4 Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations
1921
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 city- owned 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 site- specific 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, and June 24, 2025, meetings. •
W.5 Presentation from Futuro Health -Healthcare Career Training 1924 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). This item was continued from the June 24, 2025, meeting.
15 W.6 Annual Update on Sidewalk Vending Program 1938
RECEIVE a presentation on the first-year implementation of the City’s Sidewalk Vending Program and PROVIDE direction to staff regarding program priorities and potential revisions to the ordinance – Public Works Department (Andy Cho 510-620-6547/Robert Armijo 510-620-5477).

W.7 Community Police Review Commission’s slate of recommendations to enhance transparency, strengthen accountability, and increase trust between RPD and community.
1952
DISCUSS and APPROVE the eight (8) recommendations of the Community Police Review Commission (CPRC), begin a necessary “meet and confer” process with the Richmond Police Officer’s Association, and take next appropriate steps to update the ordinance to expand the CPRC jurisdiction, complaint procedures, and public access to information, and to increase the CPRC budget – City Attorney’s Office (Dave Aleshire 510-620-6509).

W.8 Establish a fair, open, and transparent RFP process to allocate the annual budget line item for unhoused services.
1968
DIRECT staff to 1) develop, coordinate and facilitate a bi-annual community process for reviewing and providing feedback and setting annual priorities for current city funded unhoused interventions; 2) Develop an RFP process to govern the procurement process for the allocation of unhoused services funds; 3) Develop financial strategy to offer multi-year funding and increase annual funding for unhoused interventions, and 4) Return to City Council with related deliverables listed herein for council review, feedback and approval, by no later than November 4th, 2025, so that implementation can begin by no later than January 31, 2026 - Councilmember Doria Robinson (510-620-6568), Councilmember Claudia Jimenez (510-620-6565).

W.9 Presentation from Levitree for Nature-Based Solutions for Sea-Level Rise 2039 RECEIVE a presentation from Levitree to learn about possible nature-based solutions to help Richmond’s shoreline with sea level rise and ground water infiltration - Vice Mayor Cesar Zepeda (510-620-6593).

W.10 Allocate $2,000 from City Event Budget for the 2025 El Sobrante Stroll 2050 APPROVE a resolution authorizing the allocation of $2,000 from the City of Richmond’s allotted event budget to support the 2025 El Sobrante Stroll - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-620-6568)/Councilmember Jamelia Brown (510-609-5780).

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

July 1, 2025

Economic Development
Richmond Housing Authority (RHA)

DATE: July 1, 2025
TO: Chair Martinez and Members of the Richmond Housing
Authority (RHA) Board of Commissioners
FROM:

Nannette Beacham, Director of Economic Development
Antoinette Terrell, Executive Director of RHA
Gregory Palomino, Administrative Assistant
Subject:

Contract with SWCA Environmental Consultants to
perform an Environmental Review of the Richmond
Village Property
FINANCIAL IMPACT: The proposed expenditure is funded through the U.S.

Housing and Urban Development (HUD) annual
allocation of Operating Subsidy and Capital Fund. The
total not to exceed amount is $17,500 for Fiscal Year
(FY) 2025-26 (Account String: 42141191 – 400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Richmond Housing Authority needs to conduct a 24 Code
of Federal Regulations (CFR) Part 50 Environmental
Review in order to be able to dispose of the Richmond
Village property to comply with the 2019 Public Housing Authority Recovery and Sustainability (PHARS)
Agreement with HUD. This review is a required step to
proceed with the disposition of the Richmond Village
Property.

RECOMMENDED ACTION:

ADOPT a resolution and APPROVE a contract with
SWCA Environmental Consultants to perform a 24 Code
of Federal Regulations (CFR) Part 50 Environmental
Review of the Richmond Village property for an amount
not to exceed $17,500 – Richmond Housing Authority
Antoinette Terrell 510 620-6784/Gregory Palomino 510
621-1361).

AGENDA
REPORT
17

July 1, 2025
DISCUSSION:

The Richmond Housing Authority (RHA) is required to complete an Environmental Review in accordance with 24 Code of Federal Regulations (CFR) Part 50 to comply with the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement with the U.S. Department of Housing and Urban Development (HUD). This review is a critical federal requirement in order to proceed with the disposition of the Richmond Village property and its conversion to Section 8 Project-Based Vouchers under HUD’s Section 18 Disposition/Rental Assistance Demonstration (RAD) program (Attachment 1).

On May 28, 2025, RHA staff solicited and received three (3) responses for the proposed services. SWCA Environmental Consultants was chosen because they have expertise in addressing specialized HUD environmental review requirements, demonstrated ability to meet expedited project deadlines requested by RHA to comply with the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement asset repositioning expectations, and experience working on Part 50 analyses for other housing authorities (Attachment 2).

The proposed scope of work includes preparation of a Categorical Exclusion Not Subject to 50.4 (CENST) Environmental Review Record (ERR) for the Richmond Village, which encompasses 167 public housing units. The ERR will be prepared in accordance with HUD’s required format and will document compliance with all applicable environmental laws, including floodplain management, historic preservation, endangered species protection, and other federal regulations.

The total not-to-exceed contract amount is $17,500, which includes one round of review and assumes no additional field studies are necessary. Should further assessments (e.g., Phase I environmental site services (ESA), lead-based paint, asbestos) be required, they will be proposed separately through a change order.

City staff recommend that the City Council adopt a resolution and approve a contract with SWCA Environmental Consultants to perform a 24 Code of Federal Regulations (CFR) Part 50 Environmental Review of the Richmond Village property for an amount not to exceed $17,500 (Attachment 3). Approval of this contract will allow RHA to continue aligning with HUD requirements while advancing the long-term transformation and sustainability of public housing in Richmond (Attachment 4).

DOCUMENTS ATTACHED:

Attachment 1 – Independent Cost Estimate
Attachment 2 – SWCA Environmental Consultants Bid
Attachment 3 – Resolution
Attachment 4 – SWCA Environmental Consultants Contact Draft

18

Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300

INDEPENDENT COST ESTIMATE (ICE) FORM

GENERAL INFORMATION
Project Title: __________________________________________________________________ Date of ICE: __________________
Prepared By (Name/Title): ______________________________________________________ Procurement Type: ☐ Goods ☐ Services ☐ Construction ☐ Other: ____________ Estimated Dollar Amount: $________________

PROJECT DESCRIPTION
Brief Description of the Goods or Services to Be Procured:

COST ESTIMATE BREAKDOWN
Cost Element Estimated Cost
Labor/Personnel $
Materials/Supplies $
Equipment $
Overhead/Indirect Costs $
Subcontractors $
Other (specify): ___________________ $
Total Estimated Cost $

Part 50 Environmental Review for Richmond Village
06/09/2025
Gregory Palomino
17,500
Richmond Village needs a Part 50 Environmental Review in order to continue with the disposal of the property from RHA.
17,500.00
17,500.00
19

Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300

METHODOLOGY
Describe how the cost estimate was developed (check all that apply):
☐ Past procurement history
☐ Published price lists or catalogs
☐ Market research / vendor quotes
☐ Professional judgment / engineering estimates
☐ Cost estimating tools
☐ Other: _____________________________

REASONABLENESS DETERMINATION
Is the estimate reasonable based on current market conditions? ☐ Yes ☐ No
Explanation/Justification:

I certify that this independent cost estimate was developed prior to solicitation and to the best of my knowledge is fair and reasonable.

Signature: _____________________________________________________________

Name/Title: ____________________________________________________________ Date: __________________

Cost is based on vendor quotes.

Gregory Palomino / Administrative Assistant
06/09/2025
20 June 04, 2025
Gregory Palomino, Administrative Assistant
Richmond Housing Authority
450 Civic Center Plaza 2nd Floor
Richmond, California 94804
Submitted via email: [email protected]
Re: Richmond Housing Authority 24 CFR 50 Review, Richmond Village/Easter Hill Property / P99008 Dear Gregory Palomino:

SWCA Environmental Consultants (SWCA) appreciates the opportunity to provide the Richmond Housing Authority (RHA) with our scope of work and cost estimate for preparation of a National Environmental Policy Act (NEPA) document for the conversion of 167 units of public housing at the Richmond Village/Easter Hill property to Section 8 Project-Based Vouchers through the U.S. Department of Housing and Urban Development (HUD) Section 18 Disposition/Rental Assistance Demonstration (RAD) program (projects). Our firm and project manager qualifications reflect experience with HUD regulations and relevant NEPA requirements, as well as a clear understanding of the various issues and multiple stakeholders that will be involved in the environmental review process.

The SWCA team, led by Project Manager Alaina Callinan, who has 10 years of HUD NEPA and HUD grant management experience, knows what is required to produce quality environmental documents and provide efficient and quick responses with minimal oversight and correction. Navigating environmental requirements for federally funded projects can be complex and, if not done correctly, will cause substantial implementation delays or negative audit findings from HUD. For the following reasons, SWCA is the best firm to execute these types of environmental analyses for the RHA:
• Understanding of HUD Processes. Our team brings comprehensive understanding and lessons learne d
f
rom more than a decade of working on HUD-funded projects across the country. Having completed t
housands of HUD NEPA environmental reviews, we know what HUD requires for these types of projects, eliminating unnecessary learning-curve delays.
• Regulatory Knowledge. As a company, we have more than 40 years of experience working for federal and s
tate agencies, Tribes, cities, counties, and other agencies, making our staff versatile and efficient. SWCA considers NEPA compliance services to be a core area of expertise. Over the past 40 years, SWCA has prepared countless NEPA documents across the United States, including Environmental Impact Statements, Environmental Assessments, and Categorical Exclusions; we are well-versed in tiering and agency adoptions, as well as in how to ensure a successful HUD monitoring event. • Project Manager–Specific Experience. Alaina has overseen or prepared more than 1,000 HUD NEPA Environmental Review Records. She has developed Environmental Review Procedures and Policy Manuals that have been used by HUD Field Environmental Officers as a best practice example for other Grantees in t
he region. Her programs have undergone HUD Environmental Monitoring without any findings or concerns. 21

Our proposal demonstrates that SWCA is the right team with the relevant experience as well as a proven track record of providing HUD environmental and site-specific analyses to federal, state, and local agencies across the United States. We have prepared our response per the requirements of the Request for Proposals.

If you have any questions regarding our experience or project approach, please feel free to contact Alaina Callinan at (845) 253-2794 or [email protected]. W e are always willing to negotiate our approach and team to suit your expectations. Thank you for the opportunity to submit a proposal for this project, and we look forward to the possibility of working with you.

Sincerely,
A
laina Callinan Brooke Langle
Project Manager Vice President, Northern and Central California 22 Richmond Housing Authority 24 CFR 50 Review, Richmond Village/Easter Hill Property Page | 1

SCOPE OF WORK
SWCA Environmental Consultants (SWCA) understands that the Richmond Housing Authority (RHA) owns and operates 167 units of public housing located at the Richmond Village/Easter Hill property at 700 South 26th Street, Richmond, California. The property will be converting to Section 8 Project-Based Vouchers through the U.S.

Department of Housing and Urban Development’s (HUD’s) Section 18 Disposition/Rental Assistance Demonstration (RAD) program (projects). The property will be sold as-is to an affiliate of the RHA for a nominal value; maintenance activities may be required, however, no rehabilitation will be completed. All projects converting from Section 9 public housing subsidy to Section 8 subsidy must meet the requirements of the National Environmental Policy Act (NEPA) and 24 Code of Federal Regulations (CFR) 50 HUD Environmental Review Regulations prior to receiving HUD approval to use grant funds. SWCA anticipates the level of review to be Categorically Excluded Not Subject To 50.4 (CEST). Although no physical repairs are being completed, SWCA understands that HUD requires a minimum review level of CEST for any RAD conversion projects. Our approach outlines the requirements for a CEST level of review.

TASK 1. HUD NEPA ENVIRONMENTAL REVIEW RECORD

1.1 KICKOFF CALL
SWCA will coordinate a kickoff meeting with the RHA following receipt of written notice to proceed on the project. The purpose of this meeting will be to familiarize the environmental team with the proposed project description and confirm the contract scope of work and target schedule. If requested, SWCA will prepare and share the kickoff meeting agenda with all meeting attendees prior to the meeting. This task includes attendance by SWCA Project Manager Alaina Callinan; attendance is assumed to be virtual. Anticipated key topics that will need to be addressed early in the process include defining the project boundary, identifying key information needs, and establishing a communication protocol. This task also includes attendance at two general coordination meetings with the RHA, as needed, to discuss progress made toward project deliverables, environmental determination findings, schedule updates, RHA staff reviews/comments on deliverables, etc.

This task also includes general management of the SWCA team, coordination and correspondence with the RHA, management of the project scope and budget, and quality assurance and quality control (QA/QC). Alaina Callinan will be the day-to-day contact and responsible for overseeing all aspects of the environmental analysis, communicating and coordinating with the RHA, and ensuring adherence to the schedule and budget.

1.2 PROJECT DESCRIPTION COORDINATION
A comprehensive and stable project description, including the project purpose and objectives, is essential to successful completion of the environmental documentation process. SWCA will prepare a draft project description based on the project details provided by the RHA and existing documentation available for each project site. SWCA will review all materials associated with the project and submit a data request (if needed) to the RHA where additional information or clarification may be needed to support the NEPA documentation. Upon receipt of requested project information, SWCA will prepare a preliminary project description for the RHA’s review and approval for each project site. This task assumes one round of review of the project description by the RHA.

1.3 ENVIRONMENTAL RECORD OF REVIEW
SWCA understands our role is to assist the RHA and enable the HUD grant funds to be used expeditiously and in compliance with all federal, state, and local laws and authorities. A key component to HUD programs is documenting that each project complies with HUD’s NEPA requirements and review procedures under 24 CFR 50 and the associated environmental laws and requirements under 24 CFR 50.4, including but not limited to 24 CFR 51, Environmental Criteria and Standards; 24 CFR 55, Floodplain Management; 35 CFR 800, Protection of Historic 23 Richmond Housing Authority 24 CFR 50 Review, Richmond Village/Easter Hill Property Page | 2
Properties; 40 CFR 1500–1508, Council on Environmental Quality Implementation of NEPA Procedural Provisions; and 50 CFR 402, Interagency Cooperation–Endangered Species Act of 1973, as amended.

Based on our understanding of exempt activities and categorically excluded activities not subject to the related federal laws and authorities, we propose a CEST level of environmental review to comply with NEPA under 24 CFR 50. An individual CEST will be required for the property.

The CEST will be prepared for the RHA’s review based on the requirements of HUD regulations (24 CFR 50) using the HUD-recommended format and will be based on information obtained during the project kickoff meeting and required Environmental Site Visit, information from the project application, and any special environmental studies conducted by the RHA. The scope of this proposal covers only the items necessary to complete that review. SWCA does not anticipate needing to complete additional studies such as a Phase I Environmental Site Assessment, studies for radon, asbestos, or lead-based paint, or geotechnical, biological, archaeological, noise, or traffic studies, etc. at this stage. However, SWCA understands that if these studies are determined to be required and known during the scoping stage, they shall be supplied to SWCA by the RHA. If not already obtained, SWCA can provide these services for an additional fee through a change order proposal once determined necessary through discussion with the RHA.

The contents of the Environmental Review Records (ERR) package will include all NEPA- and HUD-required sections and will be organized consistent with HUD’s recommended format. One electronic copy (in MS Word format) of the CEST package will be submitted to the RHA for review and approval. Once the RHA has approved the CEST package, SWCA will produce electronic copies (in MS Word format [internal] and Adobe PDF format [distribution]) and submit the final Public Review CEST, should public review be required (i.e., if the review does not convert to exempt and a Notice of Intent to Request a Release of Funds [NOI-RROF] is required). It is assumed that all identified sources and supporting documentation will be produced electronically. Additionally, SWCA has a HUD Online Environmental Review System (HEROS) Partner User Account and will transfer all partner-level user data from each electronic CEST to HEROS for the RHA’s assigned HUD reviewer to finalize.

Deliverables
The CEST ERR package will contain the following sections:
• Introduction (project location, description, level of review determination, and funding information) • HUD CEST Statutory Checklist
• Summary of Findings and Conclusions
• Mitigation Measures
• List of Preparers
• Copies of any special studies reports
• HUD Environmental Review Partner Worksheets
The ERR will become final when HUD approves the ERR in HEROS.

COST ESTIMATE AND ASSUMPTIONS
SWCA is proposing a time-and-materials, not-to-exceed budget of $17,500 for completion of the NEPA documentation for the project.
24 Richmond Housing Authority 24 CFR 50 Review, Richmond Village/Easter Hill Property Page | 3

ASSUMPTIONS

1. SWCA assumes that all reporting and investigations are being prepared in support of NEPA. If compliance r
elated to the California Environmental Quality Act (CEQA) is required, this may be provided as an additional service.

2. Costs associated with this scope of work include one round of comment and review by the RHA before finalizing the deliverables.

3. SWCA assumes the appropriate level of NEPA review will be a CEST. If a different level of review is determined to be appropriate, SWCA can provide a revised scope to facilitate a contract amendment.

4. SWCA assumes the project description will not be substantially altered after finalization by the project team.

5. The project site is not known to be located within a special flood hazard area or mapped wetland feature; therefore, compliance with Executive Orders 11988 and 11990 and associated noticing is not anticipated to be required.

6. SWCA assumes the Determination of "No Potential to Cause Effects" under Section 106 of the National Historic Preservation Act for Rental Assistance Demonstration (RAD) Projects Limited to Maintenanc e
A
ctivities and Carried Out Under 24 CFR Part 50 will be used to satisfy this section of the Environmental Review.

7. SWCA assumes all deliverables will be provided in electronic format (MS Word and Adobe PDF); no hard c
opies will be provided.

8. SWCA assumes in-person attendance at meetings will not be required.

9. SWCA reserves the right to utilize the overall project funding and will not be held to phase or task limits so l
ong as the overall budget is not exceeded.

10. This cost estimate is valid for 90 days from the date of the proposal, after which time SWCA reserves the right to submit a new cost estimate.

11. Any task not expressly described herein is not included in the proposal cost. 25 Reso. No. ____

RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE

EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH SWCA ENVIRONMENTAL CONSULTANTS TO PERFORM A 24 CFR PART 50

ENVIRONMENTAL REVIEW FOR THE RICHMOND VILLAGE PROPERTY FOR AN AMOUNT NOT TO EXCEED $17,500.

WHEREAS, Richmond Housing Authority (RHA) owns and manages 100 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, the Richmond Housing Authority (RHA) is subject to the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement with the U.S. Department of Housing and Urban Development (HUD), which requires compliance with federal environmental review procedures prior to the disposition of public housing properties; and WHEREAS the Richmond Village property, consisting of 167 public housing units, is proposed for disposition and conversion to Section 8 Project-Based Vouchers under HUD’s Section 18 Disposition/Rental Assistance Demonstration (RAD) program; and WHEREAS, compliance with 24 Code of Federal Regulations (CFR) Part 50, HUD Environmental Review Regulations, is a necessary step in securing HUD approval for the proposed disposition; and
WHEREAS, SWCA Environmental Consultants has submitted a proposal to prepare a Categorical Exclusion Not Subject to 50.4 (CEST) Environmental Review Record (ERR) in accordance with HUD regulations and best practices; and WHEREAS, RHA staff recommends entering into a professional services contract with SWCA Environmental Consultants for a not-to-exceed amount of $17,500 to complete the environmental review;

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to execute a professional services contract with SWCA Environmental Consultants to perform a 24 CFR Part 50 Environmental Review for the Richmond Village property in an amount not to exceed $17,500.

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 July xx, 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
26 Reso. No. ____

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 July xx, 2025.

____________________________________

CLERK OF THE HOUSING AUTHORITY
27 RICHMOND HOUSING AUTHORITY

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

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

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

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

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

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

Gregory Palomino
(510) 621-1361
Environmental Review for Richmond Village
SWCA Environmental Consultants
4111 Broad Street, Suite 210
San Luis Obispo, CA 93401
NA
July 1, 2025
June 30, 2026
17,500.00
NA
28 Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

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

HOUSING AUTHORITY OF CONTRACTOR:

THE CITY OF RICHMOND
By ________________________________________ By __________________________________ Title Title
Date Signed ________________________________ Date Signed

LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Insurance Provisions
General Conditions
Special Conditions
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
By _________________________________
Title ________________________________
Date Signed __________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit corporation, this
Contract (1) must be signed by (a) the
Chairperson of the Board, President or Vice
President and (b) the Secretary, any Assistant
Secretary, the Chief Financial Officer or any
Assistant Treasurer and (2) should be
accompanied by completed notary
acknowledgment forms.)
[Complete the notary acknowledgments
which are attached hereto.]
29 SERVICE PLAN
See the Special Conditions page.
30 PAYMENT PROVISIONS
(PLEASE NOTE THAT THE HOUSING AUTHORITY OF THE CITY OF RICHMOND

SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT

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

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

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

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

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

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

Attention: Accounts Payable, Finance
Department Project Manager:

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

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
31 INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference. 32 GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.

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

Records.

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

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

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

5. Termination.

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

5.2 Failure to Perform.

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

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

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

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

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

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

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

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

8. Modifications and Amendments.

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

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

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

10. Choice of Law and Jurisdiction.

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

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

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

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

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

14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the 35 GENERAL CONDITIONS Page 5
relationship of agent, servant, employee, partnership, joint venture or association.

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

16. Confidentiality.

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

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

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

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

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

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

18. Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and 36 GENERAL CONDITIONS Page 6
liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.

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

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

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

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

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

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

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

25. Changes and Extra Work.

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

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

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

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

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

26. Survival.

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

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

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

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

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

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

28. Force Majeure.

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

29. Severability.

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications 39 GENERAL CONDITIONS Page 9
thereof, shall not be affected thereby.

30. Authorized Representatives and Notices.

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

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

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

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

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

31. Pursuant to Richmond Municipal Code Section 7.04.030, the Contractor must have, or must obtain, a City of Richmond business license before any provision of this Contract will be deemed to take effect.
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
40 SPECIAL CONDITIONS

I. SWCA Environmental Consultants ("Consultant") shall provide professional environmental review services to the Richmond Housing Authority ("Authority") as required under 24 CFR Part 50 for the proposed disposition and conversion of the Richmond Village/Easter Hill property. Services shall include, but are not limited to, the following:

1. Project Initiation and Coordination
• Coordinate and conduct a virtual kickoff meeting with RHA staff to review project details, confirm the scope of work, establish timelines, and define communication protocols.
• Manage internal team coordination, scope adherence, and quality control processes throughout the project.
• Participate in up to two additional virtual coordination meetings with RHA staff during the course of the project.

2. Project Description Development
• Review all available project documentation provided by the RHA. • Develop a preliminary project description outlining location, purpose, funding sources, and scope of activities.
• Submit the draft project description for one round of RHA review and finalize based on feedback.

3. Environmental Review Record (ERR) Preparation
• Prepare a Categorical Exclusion Not Subject to 50.4 (CEST) level Environmental Review Record in compliance with 24 CFR Part 50 and HUD’s NEPA requirements. • Conduct a desktop environmental assessment, referencing applicable federal laws and authorities including:
o 24 CFR Part 51 (Environmental Criteria and Standards) o 24 CFR Part 55 (Floodplain Management)
o 36 CFR Part 800 (Historic Properties)
o 40 CFR Parts 1500–1508 (CEQ NEPA Implementation)
o 50 CFR Part 402 (Endangered Species Act)
• Include the following components in the ERR:
o Introduction and project overview
o Statutory checklist for CEST
o Summary of findings and conclusions
o Mitigation measures (if applicable)
o List of preparers
o Copies of supporting documentation and studies, if required o HUD Environmental Partner Worksheets
41 4. HEROS Entry and Finalization
• Upload all environmental documentation and findings to HUD’s HEROS (HUD Environmental Review Online System).
• Provide one electronic draft of the ERR for RHA review. • Finalize and submit the ERR for HUD review upon RHA approval.

5. Assumptions
• The ERR level of review is assumed to be CEST.
• No physical rehabilitation or construction activities are proposed as part of the project.
• No Phase I ESA, lead-based paint, asbestos, radon, or other technical studies are included in this scope unless otherwise agreed upon.
• All deliverables will be submitted electronically in MS Word and PDF formats. • In-person meetings or site visits are not included.

6. Deliverables:
• Draft and final CEST Environmental Review Record
• All required statutory checklists and documentation
• Completed HEROS entry for HUD review
• Meeting summaries (if applicable)
II. In addition to the General Conditions set forth herein, the Contractor shall comply with the applicable provisions identified in Table 5.1 of HUD Procurement Handbook 7460.8 REV 2 which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.

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

IV. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond — Insurance Requirements — Type 2: “Professional Services" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".
42 TABLE 5.1 of HUD Procurement Handbook 7460.8 REV 2

MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations.

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

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

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

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

Termination for Cause and for Convenience (contracts of $10,000 or more). (a) The PHA may terminate this contract in whole, or from time to time in part, for the PHA’s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (b) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer.
43 ___ 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 Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

45 ___ 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.

46 CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal informatio n 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 purp ose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predic tive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
47

July 1, 2025

City Attorney's Office

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement Amendment No. 2 with Stoel Rives, LLP
FINANCIAL IMPACT: This second amendment will add $65,000 for an amount not to exceed $75,000, and will be paid from the City
Attorney budget legal cost (Account String: 01151014-
400206).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

An amendment to the Stoel Rives—Guidiville/Land Use
LSA is needed to add funds to ensure that the City has
the appropriate legal representation relating to CEQA
and land use matters, including the existing Point Molate litigations and claims in Guidiville v. United States, and in the Wee v. City of Richmond litigation matter.

RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Stoel Rives, LLP appropriate and
adequate representation in future and pending land use
and CEQA related litigation (Guidiville/Land Use), in the amount of $65,000 for a total amount not to exceed
$75,000, with term ending December 31, 2026 – City
Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6509).

DISCUSSION:

To ensure the City continues to have the appropriate and adequate representation in future and pending land use and CEQA related litigation against the City, the City Attorney’s Office requests approval of an amendment to the land use/CEQA legal services agreement (LSA) with Stoel Rives, LLP (“Stoel Rives”).

AGENDA
REPORT
48

July 1, 2025
Guidiville v. United States (Guidiville Litigation):

For the Point Molate related matter, Guidiville Rancheria v. United States, the proposed amount will allow the City to monitor and maintain representation in the above- referenced litigation, as well as to respond in a timely manner to the claims and matters that may arise.

Attorney Christian Marsh, who has worked on the Guidiville matter since 2022, left Downey Brand in March 2025 to work at Stoel Rives. The City was notified of this change by letter which offered the options of either continuing to work with Downey Brand or having the City’s files transferred to Mr. Marsh’s new firm, Stoel Rives. The City Attorney recommends that the City continues using Mr. Marsh for the Guidiville matters. He has the knowledge and background necessary to represent the City in discussions with Guidiville and to use his insight and historical knowledge in legal review of all relevant documents. It would take a great deal of extra time and additional resources to get another attorney up to speed on these matters, given that Mr. Marsh has been involved since 2022.

Wee v. City of Richmond, and Other CEQA and Land Use Related Litigation In May 2025, the City of Richmond was served in Wee v. City of Richmond, a CEQA- related litigation matter challenging the City’s street sweeping program. To properly defend the City in current and future land use and CEQA related matters, additional funds are required as the current LSA with Stoel Rives is only for $10,000.

The current rates are:
 Partner(s) $490/hour
 Associate(s) $425/hour

The City Attorney’s Office is requesting City Council approve a second amendment with Stoel Rives, LLP, to increase the amount by $65,000 for a total amount not to exceed $75,000, and a term ending December 31, 2026.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment 2 to the Original Stoel Rives, LLP, Legal Services Agreement (LSA) (Proposed)
Attachment 2 – Amendment 1 to LSA
Attachment 3 – Original LSA
49 Stoel Rives LLP (Guidiville/Land Use)--Second Amendment to LSA DocID #45886v2
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

STOEL RIVES LLP

This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and STOEL RIVES LLP (“Special Counsel ”) (the " Second Amendment") is entered into as of July 1 , 2025, 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 representation of the City and City- related entities on March 20, 2025, for an amount not to exceed $10,000 and term ending on December 31, 2026; and

WHEREAS, the City and Speci al Counsel entered into the First Amendment to the Original Agreement to modify the scope of work and schedule of fees on May 15, 2025; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $65,000; and

WHEREAS, the City and Special C ounsel desire to further amend the Original Agreement pursuant to this Second Amendment.

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

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by Sixty-Five Thousand Dollars ($65,000) for an amount not to exceed Seventy-Five Thousand Dollars ($75,000).

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

50 Stoel Rives LLP (Guidiville/Land Use)--Second Amendment to LSA DocID #45886v2
A-2
IN WITNESS WHEREOF , the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND STOEL RIVES LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
51 Stoel Rives LLP (Guidiville/Land Use)--Second Amendment to LSA DocID #45886v2
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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to CEQA and land use matters, including compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326- YGR, United States District Court – Northern District of CA), and in David Wee v. City of Richmond (Case No. N25-0881, Contra Costa Superior Court).

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon L. Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates from the effective date of the First Amendment through June 30, 2027:

PARTNER(S) $490/hour
ASSOCIATE(S) $425/hour

After June 30, 2027, these rates will continue unless mutually agreed upon by the City and Special Counsel.

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed SEVENTY- FIVE THOUSAND Dollars ($75,000) for attorneys’ fees and reimbursements.

52 Stoel Rives (Guidiville)--Amend 1
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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

STOEL RIVES LLP

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and STOEL RIVES LLP (“Special Counsel ”) (the “First Amendment”) is entered into as of May 15, 2025, 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”) on March 20, 2025, for representation of the City and City-related entities for an amount not to exceed $10,000 and term ending on December 31, 2026; 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. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. 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.

3. 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.

[Signatures on following page]

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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 STOEL RIVES LLP

By: __________________________ By: __________________________ City Manager Partner

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to CEQA and land use matters, including compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326- YGR, United States District Court – Northern District of CA), and in David Wee v. City of Richmond (Case No. N25-0881, Contra Costa Superior Court).

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon L. Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates from the effective date of the First Amendment through June 30, 2027:

PARTNER(S) $490/hour
ASSOCIATE(S) $425/hour

After June 30, 2027, these rates will continue unless mutually agreed upon by the City and Special Counsel.

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed TEN THOUSAND Dollars ($10,000) for attorneys’ fees and reimbursements.

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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

STOEL RIVES LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 20th of MARCH, 2025 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 4 50 Civic Center Plaza, Richmond, California 94804 and STOEL RIVES LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 1 MONTGOMERY STREET, SUITE 3230, SAN FRANCISCO, CA 94104. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

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

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

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

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2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on DECEMBER 31, 2026, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

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

5. PUBLIC FUNDING.

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

6. PAYMENT FOR SERVICE.

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

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7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.

Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this A greement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

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

10. BILLING.

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

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days , submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time . Please also attach any referenced filings to your status report.

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12. TERMINATION.

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

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

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

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

15. AUDITS, RECORDS, AND DOCUMENTATION.

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

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

16. NON-DISCRIMINATION.

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

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

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

17. HOLD HARMLESS/INDEMNIFICATION.

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

18. INSURANCE REQUIREMENTS.

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

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

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

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

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

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

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

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

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

22. NOTICES.

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

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

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23. LAW GOVERNING AGREEMENT.

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

24. INVALID PROVISIONS.

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

25. LICENSE REQUIREMENTS.

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

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

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

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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

STOEL RIVES LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
City Manager

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to the compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326-YGR, United States District Court – Northern District of CA).

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon L. Moore, Chief Assistant City Attorney
James Atencio, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

Christian Marsh, Partner $410/hour

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of TEN THOUSAND DOLLARS ($10,000) for attorneys’ fees and reimbursements.

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BILLING PROTOCOLS/GUIDELINES

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

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

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

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

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II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.

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j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.

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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.

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

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 69 Exhibit D

15 DocID #42468v1
California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority 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.

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 70 Exhibit D

16 DocID #42468v1
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. 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, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 71 Exhibit E

17 DocID #42468v1

LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 72 Exhibit F

18 DocID #42468v1

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "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:

Vendor SCCO Compliance Statement (July2024)
Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Stoel Rives LLP
4/23/2025
PartnerChristian Marsh
Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 73 Exhibit G
19 DocID #42468v1

City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self -Insure, signed by the California Department of Industrial Relations and Self -Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61 .

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

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

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 74 Exhibit G
20 DocID #42468v1
City of Richmond - Insurance Requirements - Type 2:

Professional Services

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

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

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

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

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

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

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 75 Exhibit G
21 DocID #42468v1

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 enforceabl e.

Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 76

July 1, 2025

City Attorney's Office

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Contract Amendment No. 4 to the legal services agreement with Bennett Gelini & Gelini, APC
FINANCIAL IMPACT: This fourth amendment will be for $300,000, for a total amount not to exceed $859,990, and will be charged to
the Risk Management General Liability Fund (Account
String: 50182316-400554).

PREVIOUS COUNCIL
ACTION:

September 12, 2023
May 21, 2024
December 3, 2024

STATEMENT OF THE
ISSUE:

To continue receiving the appropriate representation
defending the City in active civil litigation and future litigation matters, the City Attorney’s Office requires approval of a fourth amendment to the legal services
agreement with Bennett, Gelini & Gelini, APC.

RECOMMENDED ACTION: APPROVE a fourth amendment to the legal services agreement with Bennett, Gelini & Gelini, APC, to
increase compensation by $300,000, for a total amount
not to exceed $859,990, with term ending December 31,
2027 – City Attorney’s Office (Kimberly Chin 510-620-
6709/Shannon Moore 510-620-6505).

AGENDA
REPORT
77

July 1, 2025
DISCUSSION:

Bennett, Gelini & Gelini, APC (BGG), currently provides special counsel services defending the City in tort/dangerous conditions and personal injury litigation. BGG has been representing the City in these types of lawsuits since February 2023, and the City Attorney’s Office is satisfied with its work and wishes to increase the contract payment limit to ensure continuity of service. BGG has the experience and expertise necessary to continue to represent the City in pending and future dangerous conditions and personal injury litigation.

Rates for BGG are as follows:
 Partner - $195 per hour
 Associate - $170 per hour
 Paralegal - $125 per hour

The City Attorney’s Office requests approval of this fourth amendment to the legal services agreement with Bennett, Gelini & Gelini, APC, increasing the payment limit by $300,000, for an amount not to exceed $859,990, with term ending December 31, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment 4 to the Original LSA (proposed) Attachment 2 – Amendment 3 to the Original LSA
Attachment 3 – Amendment 2 to the Original LSA
Attachment 4 – Amendment 1 to the Original LSA
Attachment 5 – Original LSA with Bennett, Gelini & Gelini, APC 78 Fourth Amendment - BGG LSA
DocID #46665v2
A-1

FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BENNETT, GELINI & GELINI, APC

This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI, APC (“Special Counsel”) (the "Fourth Amendment") is entered into as of July 1, 2025, 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 representation of the City and City-related entities on February 21, 2023 for an amount not to exceed $9,990 with term ending June 30, 2025; and

WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by $100,000, on September 12, 2023; and

WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by $150,000, on May 28, 2024; and

WHEREAS, the City and Special Counsel entered into the Third Amendment to the Original Agreement to extend the term to December 31, 2027 and to increase the compensation by $300,000, on December 3, 2024; and

WHEREAS, the City now desires for Special Coun sel to continue its representation of the City and to increase the compensation; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by $300,000; and

WHEREAS, the City an d Special Counsel desire to amend the Original Agreement pursuant to this Fourth Amendment.

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

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fourth Amendment.
79 Fourth Amendment - BGG LSA
DocID #46665v2
A-2

2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect , and this Fourth Amendment increases the compensation limit by $300,000.

3. Counterparts. This Fourth 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 Fourth Amendment to be effective as of the last date written above.

CITY OF RICHMOND BENNETT, GELINI & GELINI, APC

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
80 Fourth Amendment - BGG LSA
DocID #46665v2
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall defend personal injury and motor vehicle liability claims.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates.

PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour

COMPENSATION

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

Total compensation for legal services and reimbursements sh all be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Eight Hundred Fifty-Nine Thousand, Nine Hundred and Ninety dollars ($859,990) for attorneys’ fees and reimbursements.

1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate. 81 Third Amendment to BGG Agreement for Legal Services
DocID #31175v1
A-1

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BENNETT, GELINI & GELINI, APC

This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI, APC (“Special Counsel”) (the "Third Amendment") is entered into as of DECEMBER 3 , 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 representation of the City and City-related entities on February 21, 2023 for an amount not to exceed Nine Thousand Nine Hundred Dollars ($9,990) with term ending June 30, 2025; and

WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by One Hundred Thousand Dollars $100,000, on September 12, 2023; and

WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by One Hundred Fifty Thousand Dollars $150,000, on May 28, 2024; and

WHEREAS, the City now desires Special Counsel to continue its representation of the City and increase the compensation and extend the time; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Three Hundred Thousand Dollars ($300,000) and extend the time to December 31, 2027; and

WHEREAS, the City and Special Counsel des ire to amend the Original Agreement pursuant to this Third Amendment.

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

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.

Docusign Envelope ID: 5B1D39EE-BC8F-456E-9B2A-2607A24B96E8 Docusign Envelope ID: E510E872-C9CE-43EE-9A75-E794DCC397DC Docusign Envelope ID: 1491EA5E-FF7B-4F2C-8942-177E8D6A9E1C Docusign Envelope ID: 8ECE893A-2D01-47E3-87A6-5131182761F7 82 Third Amendment to BGG Agreement for Legal Services
DocID #31175v1
A-2

2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect , and this Third Amendment increases the compensation limit by Three Hundred Thousand Dollars ($300,000) and extends the term to December 31, 2027.

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

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

CITY OF RICHMOND BENNETT, GELINI & GELINI, APC

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
Docusign Envelope ID: 5B1D39EE-BC8F-456E-9B2A-2607A24B96E8 President/CEO
Docusign Envelope ID: E510E872-C9CE-43EE-9A75-E794DCC397DC Docusign Envelope ID: 1491EA5E-FF7B-4F2C-8942-177E8D6A9E1C On Behalf
of the Mayor
Docusign Envelope ID: 8ECE893A-2D01-47E3-87A6-5131182761F7 83 Third Amendment to BGG Agreement for Legal Services
DocID #31175v1
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall defend personal injury and motor vehicle liability claims.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates.

PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Five Hundred Fifty Nine Thousand, Nine Hundred and Ninety dollars ($559,990) for attorneys’ fees and reimbursements.

1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate.

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01337.0010 2012738.2 Page 1 of 9
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DATE: July 1, 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:

ADOPT an ordinance (second 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
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01337.0010 2012738.2 Page 2 of 9
(July 1, 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; de- escalation 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.”
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“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.
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(July 1, 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.
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(July 1, 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.
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(July 1, 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
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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.
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(July 1, 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 121
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(July 1, 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)
122

01337.0001 2013328.4
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

___________________________________________________________

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 all newly appointed CPRC Commissioners receive a minimum of eight (8) hours of comprehensive training, including police officer shadowing activities, such as ride-alongs, participation in the Richmond citizen academy or other similar activity, and that going forward newly appointed Commissioners will complete such training within six (6) monthsninety (90) days of appointment to the CPRC and additional annual training thereafter; and

WHEREAS, the Council desires to recommend 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):

“3.54.110 – Commission Training.

Each commission member shall successfully complete a comprehensive training and orientation program and newly appointed commissioner members shall also complete such training, each within six three months of appointment. Failure to complete the training may result in 123

01337.0001 2013328.4
disqualification. The training program shall consist of at least eight hours of training and 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, and the history of the Community Police Review Commission and civilian oversight of the Richmond Police Department, as well as police officer shadowing activities, such as ride-alongs, participation in the Richmond citizen academy or other similar activity. Training shall also include Richmond Commission Guidelines and the Brown Act.. Each commission member shall also actively participate in ongoing appropriate annual training.” 124

(insert date of meeting)

City Council

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Soheila Bana
Councilmember Doria Robinson (co-sponsor)
Councilmember Claudia Jimenez (co-sponsor)
Subject:

Resolution Urging Congress to Assert its Constitutional Authority and Prevent Future Unauthorized Military
Action Against Iran
FINANCIAL IMPACT: There is no financial impact on receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

On June 21, 2025, the United States launched a military strike on nuclear-related sites in Iran without
authorization from Congress and in defiance of
international appeals for restraint. Although a ceasefire is currently in effect, the event has raised widespread
concern over the erosion of democratic checks and
balances and the risk of renewed escalation.

Under the U.S. Constitution, only Congress has the
power to declare war. The War Powers Resolution of
1973 was enacted to limit the president’s ability to
engage in military conflict without Congressional
oversight, yet this authority is increasingly circumvented in practice.

AGENDA
REPORT
125

(insert date of meeting)
RECOMMENDED ACTION:

ADOPT a resolution urging the United States Congress
to assert its constitutional authority by passing a War Powers Resolution that reaffirms its exclusive right to declare war, and to prevent any future unauthorized
military action against Iran or any other country; as the resolution also calls for a commitment to diplomacy and expresses solidarity with civilians impacted by conflict in the region, and DIRECT the City Clerk to send copies of this resolution to the President of the United States, U.S.

Senators representing California, and all members of the U.S. House of Representatives representing districts in Contra Costa County - Councilmember Soheila Bana
(510-672-3490)/Councilmember Doria Robinson (510-
620-6568)/Councilmember Claudia Jimenez (510-620-
6565).

DISCUSSION:

The City of Richmond has a long history of speaking out in support of peace and justice.

This resolution continues that tradition by:

 Condemning the unauthorized and unprovoked use of military force;  Emphasizing the importance of legislative oversight over acts of war;  Calling on Congress to reaffirm its constitutional role;  Advocating for diplomacy over violence;
 Reaffirming respect for international law, national sovereignty, and the principle of non-aggression;
 Expressing solidarity with the people of Palestine, Iran, and Israel.

Sending this resolution to our elected federal representatives serves as a local call for accountability and constitutional governance in foreign policy decisions.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

126

Reso. No. _____

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF RICHMOND, CALIFORNIA, URGING

CONGRESS TO ASSERT ITS CONSTITUTIONAL AUTHORITY AND PREVENT

FUTURE UNAUTHORIZED MILITARY ACTION AGAINST IRAN
WHEREAS, the United States recently launched an unauthorized, illegal, and unprovoked military strike on nuclear-related sites in Iran without Congressional approval and in defiance of widespread international calls for diplomacy; and
WHEREAS, such unilateral military action represents a grave violation of the U.S. Constitution, which clearly grants the power to declare war solely to Congress; and WHEREAS, the escalation of hostilities between the United States and Iran threatened to ignite a broader regional conflict in the Middle East, endangering millions of civilians, destabilizing the global economy, and risking irreparable environmental and humanitarian harm; and WHEREAS, this type of unauthorized military action sets a dangerous precedent for executive overreach and undermines the democratic checks and balances foundational to the U.S. system of government; and
WHEREAS, a ceasefire is currently in effect, but the risk of renewed conflict remains unless clear legislative constraints are established.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Richmond, California:

1. Urges the United States Congress to immediately pass a War Powers Resolution to reaffirm its constitutional role in authorizing military force and to prevent any future unauthorized military actions against Iran;

2. Affirms the importance of diplomacy, not war, as the foundation of U.S. foreign policy in the Middle East;

3. Expresses solidarity with all civilians whose lives are impacted by conflict, including the people of Palestine, Iran, and Israel;

4. Directs the City Clerk to send copies of this resolution to the President of the United States, U.S. Senators representing California, and all members of the U.S. House of Representatives representing districts in Contra Costa County.

******************

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

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 Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
127

Reso. No. _____

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
128

July 1, 2025

City Manager's Office

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager

SUBJECT: Authorize the City Manager to Contract for Immigrant Legal Services and Public Awareness Campaign
FINANCIAL IMPACT: The proposed contract amount is not to exceed $990,000. As part of the Fiscal Year 2024-25 surplus
funds allocation, the Council considered up to
$1,000,000, with $10,000 set aside from the surplus
funds to provide free municipal identification cards.

PREVIOUS COUNCIL
ACTION:

March 4, 2025

STATEMENT OF THE
ISSUE:

The Richmond City Council directed staff to allocate up to $990,000 from Fiscal Year 2024-25 surplus funds to
support immigrant legal services and public awareness
campaign, and $10,000 to provide free municipal IDs.

However, after two rounds of solicitation there has only been one (1) response. To expedite service delivery
during the Council recess, it’s proposed that the City
Manager be authorized to facilitate agreements to avoid unnecessary delays.

RECOMMENDED ACTION:

AUTHORIZE the City Manager or their designee to
negotiate and execute service agreement(s) as
necessary, with qualified fiscal sponsor(s), appropriate agencies, or service providers as necessary to ensure
the timely provision of immigration legal services and
related support as directed by the City Council on March 4, 2025, for up to $1,000,000 – City Manager’s Office
(Shasa Curl 510-620-6512).

AGENDA
REPORT
129

July 1, 2025

DISCUSSION:

On March 4, 2025, the Richmond City Council directed staff to establish and launch the Immigrant Legal Services and Public Awareness Campaign Program (Program). The Program is intended to expand access to immigration legal services and promote awareness of constitutional rights among immigrants in the Richmond community. The City Council also directed staff to identify a qualified fiscal sponsor to administer, oversee, and implement the Program.

To support this initiative, the City allocated a one-time surplus of $1,000,000 in Fiscal Year (FY) 2024-25. Of this amount, $990,000 is intended for distribution by the selected fiscal sponsor to nonprofit organizations providing direct legal services and public education on immigrant rights. The remaining $10,000 is reserved for the City’s municipal identification card program and will be administered separately, outside the scope of the RFP and the fiscal sponsor’s responsibilities.

An initial Request for Proposals (RFP) was issued on March 24, 2025, via the City’s BidsOnline system, with a submission deadline of April 7, 2025 (Attachment 1). No proposals were received. In response, staff revised the RFP to clarify expectations and strengthen the scope of work, and reissued the RFP on May 7, 2025, with a revised deadline of June 9, 2025 (Attachment 2). The City received one (1) proposal from an out-of-state firm lacking local ties and sufficient experience, and it did not meet the City’s criteria for a qualified fiscal sponsor. Subsequently, City staff-initiated outreach to regional immigrant legal services provider with overlapping service objectives to explore potential partnership opportunities.

Immigrant legal services are critically needed due to widespread due process concerns, heightened immigration enforcement, and inconsistent access to qualified legal representation. Many immigrants face detention without adequate counsel, avoid essential services out of fear, and struggle to navigate complex legal systems—making accessible, community-based legal aid essential to protecting rights and maintaining public trust. Recent federal policy direction further underscores the urgency of ensuring that immigrant legal services in communities like Richmond are timely, high-quality, trusted, and locally accessible.

To effectuate City Council direction provided on May 4, 2025, and accelerate service provisions for those residents in need of immigration legal services and public awareness campaigns, City staff recommend that the City Council authorize the City Manager or their designee to negotiate and execute service agreements as necessary, with qualified fiscal sponsor(s), appropriate agencies, and service providers as necessary to ensure the timely provision of immigration legal services and related support for up to $1,000,000.

130

July 1, 2025
During the Council recess, the City Manager will actively seek support and collaboration from neighboring agencies, trusted service providers, and community-based organizations to ensure that immigration legal services and public awareness efforts are delivered in a timely and responsive manner. Given the urgent need for timely service delivery and limited RFP responses to date, staff are evaluating alternative approaches to expedite implementation. More specifically, the City Manager is seeking services providers that offer legal representation, community education, outreach, and response services, and have established relationships with local nonprofits. This approach will help ensure that implementation efforts remain aligned with Council direction, are responsive to emerging community needs, and avoid unnecessary delays during the recess period.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposal (RFP) for Immigrant Legal Services and Public Awareness Campaign Program Fiscal Sponsor (March 04, 2025) Attachment 1 – Request for Proposal (RFP) for Immigrant Legal Services and Public Awareness Campaign Program Fiscal Sponsor (May 7, 2025)

131
Request for Proposals
for
Immigrant Legal Services and Public Awareness Campaign Program Fiscal Sponsor
City of Richmond, California
Release Date:

Monday, March 24, 2025
Deadline for Submittal
Monday, April 7, 2025
4:00 P.M. PDT
Contact: Guadalupe Morales, Associate Management Analyst Email: [email protected]
Phone Number: 510-620-6553
City of Richmond
City Manager’s Office
132
Table of Contents
Introduction ......................................................................................................................4 About the City of Richmond, California ............................................................................4 Overview of the Immigrant Legal Services and Resources Program ................................5 Scope of Services ............................................................................................................5 Fiscal Sponsor Responsibilities .............................................................................5 Recipient Organization Responsibilities ................................................................6 Eligibility for Legal Representation ........................................................................6 Scope of Legal Representation .............................................................................7 Data Collection and Reporting ..............................................................................7 RFP Schedule ..................................................................................................................8 Proposal Format Guidelines .............................................................................................8 A. Vendor Cover Letter ..........................................................................................9 B. Background and Project Summary Section ......................................................9 C. Methodology Section ........................................................................................9 D. Staffing ........................................................................................................... 10 E. Qualifications .................................................................................................. 10 F. Cost Information .............................................................................................. 11 G. Value Added Services .................................................................................... 11 H. Contractor Assignment of Sub-Contract ......................................................... 11 I. Previous Contracts with the City of Richmond ................................................. 11 J. Exceptions to this Request for Proposals ........................................................ 12 K. Statement of Impartiality and Disclosure ......................................................... 12 Process for Submitting Proposals .................................................................................. 12 Questions Concerning Request for Proposals .................................................... 12 Submission of Proposals ..................................................................................... 13 GENERAL GUIDELINES ............................................................................................... 13 Public Records .................................................................................................... 14 Insurance Requirements ..................................................................................... 14 Business Licenses............................................................................................... 14 Compliance with City Ordinances ....................................................................... 14 Sanctuary City Contracting Ordinance (SCCO) .................................................. 14 Limited Liability Company Disclosure Statement (LLCS) .................................... 14 133
Collusion ............................................................................................................. 15 Withdrawal of Proposals ...................................................................................... 15 Ownership of Documents .................................................................................... 15 Proposal Evaluation and Selection Process................................................................... 15 Background and Project Summary – 25 Points ................................................... 16 Methodology – 20 Points ..................................................................................... 16 Staffing – 20 Points ............................................................................................. 16 Qualifications – 15 Points .................................................................................... 17 Cost Proposal – 20 Points ................................................................................... 17 Interview and Demonstration Process ................................................................. 17 Pre-Award Negotiations ...................................................................................... 18 Award ................................................................................................................. 18 Attachments ................................................................................................................... 18 134

Introduction
The City of Richmond (the City) is seeking proposals from qualified organizations to act as a fiscal sponsor for the Immigrant Legal Services and Public Awareness Campaign Program (the Program). The selected fiscal sponsor will be responsible for administering and distributing up to $1,000,000 in one -time surplus funds for Fiscal Year 2024 -25 to nonprofit organizations that provide immigrant legal services and conduct public awareness campaigns on constitutional rights for Richmond residents.

The key challenges include:
• Insufficient Access to Legal Representation: A shortage of qualified immigration attorneys, compounded by financial barriers, leaves many immigrants unable to secure the legal assistance they need.
• Evolving and Complex Immigration Laws: As immigration laws and policies continue to shift, immigrants are left without a clear path to navigate the legal system. • Limited Resources for Community Education: Many immigrants are unaware of their rights or the available services, making them more vulnerable to exploitation or deportation.

Interested fiscal sponsors, including legal service providers and nonprofits, should base their proposals on a one-year funding allocation of $1,000,000. This Request for Proposal (RFP) outlines the project scope, selection process, and required proposal components.

The anticipated contract term is one year or until funds are fully expended.

By submitting a proposal, vendors acknowledge their understanding of all requirements outlined in this RFP.

About the City of Richmond, California
The City of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,567 residents. Richmond is one of the region’s most diverse communities: 42.5 percent of residents identify as Hispanic or Latino, 20.2 percent identify as Black or African American alone, 17.8 percent identify as White alone (not Hispanic of Latino), and 15.4 percent identify as Asian alone (15.4 percent).1 Richmond is home to a multi -modal transit hub that includes BART, Amtrak and AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up -and- coming communities in California.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library 1 Quickfacts Richmond city, California. 2019 American Community Survey 5 year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia 135

services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.

Overview of the Immigrant Legal Services and Resources Program Recognizing the critical need for expanded legal services and rights awareness for Richmond immigrants, the City of Richmond is launching this initiative in alignment with City Council direction on March 4, 2025. The program aims to ensure that Richmond residents have access to legal support and understand their rights when facing immigration-related challenges.

In recent years, immigrant communities have experienced significant uncertainty due to the evolving landscape of immigration law. Individuals facing potential deportation, changing asylum processes, and family separations are in urgent need of legal counse l.

Unfortunately, the demand for legal services far outpaces the supply, leaving many without representation or the proper guidance to navigate these challenges.

To achieve these goals, the City will partner with a fiscal sponsor organization responsible for administering the program and ensuring compliance with all applicable regulations.

Funds will be available for disbursement once an organization is awarded and approved to start work. While recipient organizations may serve individuals outside Richmond, all program funds must be used exclusively for services benefiting Richmond residents.

Scope of Services
The selected fiscal sponsor and recipient organizations will be responsible for the administration, oversight, and implementation of the program to ensure effective legal , assistance, representation, community engagement and public awareness for Richmond immigrants. The fiscal sponsor shall ensure that recipient organizations meet all program requirements and expectations as outlined below. The City of Richmond reserves the right to determine additional requirements or modify expectations as necessary to align with program goals and funding priorities.

Fiscal Sponsor Responsibilities
The selected fiscal sponsor will be responsible for:
• Administering funds on a recapture reimbursement basis, with the possibility of an advance.
• Developing funding criteria and ensuring compliance with City requirements. • Distributing funds exclusively to qualified nonprofit organizations in good standing with all applicable federal, state, and local regulations, including those set by the California Department of Justice, the California Secretary of State, and the Richmond Municipal Code.
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• Oversee and support recipient nonprofit organizations, which shall include, but not be limited to, organizations that:
o Provide direct legal assistance and representation for Richmond immigrants;
o Conduct constitutional immigrant rights workshops and outreach; and o Develop and distribute multilingual educational materials on immigration laws and protections.
• Ensuring that both the fiscal sponsor and recipient organizations submit quarterly reports on fund expenditures, deliverables, and residents served to City staff and the Richmond City Council. Additional reports and data may be requested as needed.

Recipient Organization Responsibilities
Recipient organizations, as designated by the fiscal sponsor and approved by the City of Richmond, shall:
• Provide direct legal assistance, representation, legal education, outreach, and related services in accordance with fiscal sponsor oversight. • Participate in City -organized conference calls, convenings, or trainings to share best practices for removal defense, immigration law, legal support services, and strategies to expand access to representation for immigrants facing legal challenges.
• Maintain a secure and confidential case management system for tracking client services, legal outcomes, and data reporting.
• Commit to community engagement and capacity -building efforts to strengthen immigrant-led organizing and local advocacy initiatives. • Develop a community engagement workplan that outlines clear objectives, timelines, and activities for all initiatives.

The City of Richmond retains the discretion to identify, approve, or modify the scope of recipient organizations and their responsibilities to ensure alignment with program objectives and community needs.

Eligibility for Legal Representation
The fiscal sponsor will be responsible for developing funding and eligibility criteria.

However, the City of Richmond will ensure that key aspects and preferred components are incorporated to align with the intent of this funding.

To qualify for legal representation under this program, an individual must, at the time of the initiation of representation:
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• Be designated as low-income or in financial need, as defined by the funding criteria proposed by the fiscal sponsor.
• Be unrepresented by counsel.
• Be a resident of Richmond at the time of representation or have been a resident immediately prior to detention by Immigration Customs Enforcement (ICE) (priority will be given to detained residents).

Scope of Legal Representation
In addition to direct representation, recipient organizations may offer legal consultations, preventative legal services, and community education to help individuals understand their rights, avoid detention, and prevent deportation. Services may include kn ow-your-rights workshops, legal screenings, application assistance, and referrals to supportive services.

Representation must be continuous, extending through the final disposition of each case, including those that remain active beyond the initial contrac t period. Organizations must implement a transition plan to address potential funding gaps or capacity changes to ensure uninterrupted legal assistance.

Recipient organizations may provide direct legal assistance and representation throughout all stages of immigration court proceedings, ensuring comprehensive legal support from intake through case resolution. Representation under this program will follow a universal representation model, guaranteeing that all eligible clients receive legal services without a preliminary assessment of case merits, as long as funding allows. The fiscal sponsor and selected nonprofit organizations must develop a structured intake plan that prioritizes detained individuals while ensuring equitable access for all eligible Richmond residents.

Data Collection and Reporting
The fiscal sponsor and recipient organizations shall be responsible for collecting and reporting data to the City of Richmond on all legal representation funded under this program. To ensure the security and confidentiality of sensitive client information, the City, fiscal sponsor, and recipient organizations shall implement strict data protection measures to safeguard client information and mitigate any risks associated with immigration enforcement.

Data collection and reporting shall continue through the disposition of each case, including those that remain active beyond the contract period. The fiscal sponsor and recipient organizations shall provide regular updates and submit reports as required by the City of Richmond.

At a minimum, reported data shall include but not be limited to:
• The number of clients receiving legal assistance and representation, the extent of expanded outreach, the number of educational workshops conducted, and the depth of educational services provided.
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• The number of cases handled by attorneys, including averages and other performance metrics;
• Types of relief identified;
• Applications for relief, voluntary departure, or other immigration court actions taken;
All data reporting shall comply with established confidentiality protocols to protect client privacy and ensure that information is not shared in a manner that could compromise the safety or security of individuals receiving legal services.

RFP Schedule
Date Activity

Monday, March 24, 2025 Release RFP
Tuesday, April 1, 2025 Final Day to Submit Questions (5:00 PM) Thursday, April 3, 2025 Response to Questions
Monday, April 7, 2025 RFP Due Date

Tuesday, April 15, 2025 City Council Consideration, if RFP selection is not addressed it will be
scheduled to following City Council
meeting date

Proposal Format Guidelines
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 10 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, et cetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub -consultants. The required font size is 12 point, with minimum left and right margins of one -inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk 139

of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A. Vendor Cover Letter
A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood. • Include a statement of intent to perform the services as outlined. • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B).
• Submit a written desc ription and brief history of the company’s experiences, qualifications and successes in providing immigrant legal representation services described herein. Please indicate the number of employee s, client base and location of offices.
• Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed. • Confirm that the vendor has a minimum of three (3) years of verifiable experience in immigrant legal services, assistance, representation, fiscal sponsorship, and support services, including but not limited to outreach, workshops, educational campaigns, an d collaborative work with government entities and/or nonprofit organizations.
• Stipulate that the proposal price will be valid for a period of at least 180 days. • Identify a single person for contact during the RFP review process. • Be signed by an authorized official of the company.

B. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP.

C. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:
• An implementation plan that describes in detail:
o The methods, including controls, by which your firm manages projects of 140

the type sought by this RFP;
o The methodology for soliciting and documenting views of internal and external stakeholders; and
o Any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. • A detailed description of the efforts your firm will undertake to achieve client satisfaction and meet the requirements outlined in the "Scope of Services" section. • A detailed project schedule identifying all tasks and deliverables to be performed, the duration of each task, and the overall timeline for completion. • A detailed description of specific tasks that will require City staff involvement.

Explain the respective roles of City staff and your team in completing the tasks specified in the Scope of Services.

D. Staffing
Describe proposed Project team organization, including identification and responsibilities of key personnel. Indicate role s and responsibilities of prime con sultants and all sub - consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond . Sub -consultant letters of commitment are required and must be submitted with the proposal.

Describe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond’s policy to interview proposers’ references as well as references identified by the City of Richmond.

E. Qualifications
The information requested in this section should detail the qualifications of the firm, key staff, and subcontractors who have performed projects within the past five years that are similar in size and scope. This information will be used to demonstrate th e firm ’s competence in performing the requested services. The submission shall include:
• The names of key staff members who participated in the listed projects and their specific responsibilities as they relate to this Scope of Services. • A summary of the firm’s demonstrated capability, including length of time that the firm has provided the services being requested in this Request for Proposal. 141

• A minimum of three (3) references from clients who have received similar services from the firm. The City of Richmond reserves the right to contact any of the listed organizations or individuals. The reference information provided shall include:
o Client name and contact information, including phone number, address, and email address.
o A description of the services provided, including the contract amount. o Project start and end dates.

F. Cost Information
Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to the proposer will be a fixed fee, a detailed cost breakdown shall be provided identifying:
• The number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this project. • All other direct costs, such as materials and reproduction costs; • Sub-consultant services, if applicable.

These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

G. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.

H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond . If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

I. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond ’s assigned Proje ct Manager, and contract 142

value.

J. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond ’s Standard Services Agreement – RFP (Attachment B). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted.

Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

K. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer ’s and sub -consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third -party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investiga tions or litigation that may affect the reputation or ability of the proposer to carry out the Project.

Process for Submitting Proposals
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 4:00 P.M. PST, Tuesday, April 1, 2025. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by Thursday, April 3, 2025. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

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

Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP. 143

Submission of Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

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

The proposal must be received no later than 4 :00 P.M., local time, on Monday, April 7, 2025.

The City of Richmond reserves the right to waive inconsequential irregularities.

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

The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence o r qualifications to perform the Services described in this RFP.

The City reserves the right to:
• Reject any or all proposals.
• Issue subsequent Requests for Proposal.
• Postpone the proposal opening for its own convenience. • Remedy technical errors in the Request for Proposal process. • Negotiate with any, all, or none of the respondents.
• Solicit best and final offers from all or some of the respondents. • Select one or more respondents.
• Accept a proposal other than the one with the lowest proposed fees. • Waive informalities and irregularities in proposals.
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Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret a t the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment A. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code (RMC) Chapter 2.28 ), Business Opportunity Ordinance ( RMC Chapter 2.50 ), Local Employment Program Ordinance ( RMC Chapter 2.56 ), Living Wage Ordinance ( RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) ( RMC Chapter

2.65), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment D) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE” ).

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment C)
Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F). 145

Collusion
By submitting a proposal, each r espondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the r espondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the r espondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in p art for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

Proposal Evaluation and Selection Process

All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.

Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

Applicants submitting proposals in response to this RFP are strictly prohibited from contacting or lobbying any City Council members, review panel members, City employees (except for designated contacts specified in the RFP), or City agent s regarding this solicitation. Any attempt to influence or circumvent the RFP process, application submittal, or review process may result in disqualification from consideration.

The highest-ranked proposals may be invited to deliver a presentation to the evaluation panel, either in person at a designated City office and/or via a video conferencing platform (e.g., Zoom), contingent on the City's direction. All presentation costs sh all be borne by the proposer. The final selection will be based on the most cost -effective approach that meets the City’s requirements. The lowest -priced proposal will not necessarily be selected.

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The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Evaluation Criteria Points (Out of 100) Percentage (%) Total Methodology 25 25%
100 Points
Background and Project
Summary
20 20%
Staffing 20 20%
Qualifications 15 15%
Cost Proposal 20 20%
Background and Project Summary – 25 Points
Consideration will be given based on the firm’s experience, years in business, past and current client references, technical expertise, and professional competence in areas directly related to this RFP. Additional factors include:
• Number of years of experience performing similar work. • Performance on past contracts of comparable nature, magnitude, and complexity.

Methodology – 20 Points
The proposer’s responsiveness to the RFP, including the completeness and thoroughness of the proposal, will be evaluated. All required information must be provided in the specified format. This category will also assess:
• Ability to provide services as outlined in the RFP.
• Approach and proposed methodology for executing the project scope. • Demonstrated knowledge of the work required.
• Clarity in explaining the project or services required. • Innovative approaches and internal measures for ensuring the timely completion of the project.

Staffing – 20 Points
Respondents should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate:
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• Qualifications and relevant experience of key personnel. • Unique qualifications of team members.
• Staff availability and time commitment of key personnel. • Organizational structure, including an organization chart.

Qualifications – 15 Points
This category will assess the respondent’s ability to assume the responsibilities outlined in the Scope of Services and produce the required outcomes within the specified timeline.

Consideration will be given for:
• The overall quality of the proposal, including a demonstrated understanding of the purpose, scope, and objectives of the services to be performed. • The respondent’s track record in successfully executing contracts of similar nature and complexity.
• The firm’s ability to meet deadlines and maintain satisfactory progress. • The City of Richmond’s evaluation of whether the respondent has the requisite experience, capacity, and resources to successfully complete the work.

Cost Proposal – 20 Points
The proposed cost will be evaluated based on competitiveness, cost -effectiveness, and alignment with the proposed scope of services. The evaluation will also consider whether the proposed pricing structure is reasonable and commensurate with the level of services to be provided.

Interview and Demonstration Process
Upon request of the City of Richmond, vendors may be requested to give an oral presentation/demonstration on vendor’s proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should the proposal receive the award. The demonstration shall be conducted at no cost to the City. The purpose of the demonstration is to observe the system in an operational environment and to verify its capability, suitability, and adaptability to the performance requirem ents stipulated in this solicitation.

The City will schedule the presentation date, time, and location with the successful finalists. If the vendor fails to perform the demonstration on the specified date stipulated, the City may elect to reject the proposal or to re -schedule the demonstration in its best interest.

Vendors are not guaranteed an opportunity to demonstrate. Vendors may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the system in 148

conformance with the specifications and its decision shall be final.

Pre-Award Negotiations
After the proposals are opened but before an award is made, the City may elect to conduct negotiations with the highest-ranked respondent for the purpose of:
• Resolving minor differences and obtaining additional information. • Clarifying necessary details and responsibilities.
• Emphasizing key issues and critical points.
• Receiving assurances from the respondent.
• Clarifying cost and budget-related matters.

If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations, or proposal presentations; therefore, the proposal shall offer the most favorable terms in response to this RFP. The proposal must demonstrate an understanding of the scope of services to be provided and the ability to accomplish the tasks set forth. The proposal shall include information that will enable the City to determine the overall qualifications of the proposer.

The City reserves the right to request additional information or clarification on any matter included in the proposal response to arrive at the final award decision.

Award
When the Review Panel has completed its work, City staff will then recommend a Fiscal Sponsor for the Immigrant Legal Services and Resources Program to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment B).

Attachments
A. Insurance Requirements
B. Standard Contract
C. Sanctuary City Compliance Statement
D. Sanctuary City Contracting Ordinance No. 12-18
E. Limited Liability Corporation (LLC) Resolution No. 86-21 F. Limited Liability Corporation Form

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Sample

City of Richmond - Insurance Requirements - Type 2
Professional Services

Type 2 -1 of 3
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, 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 and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile 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 and auto 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 operations, 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 Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) and Auto Liability 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:
www.ci.richmond.ca.us/RiskManagement.

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.

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. 150
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Professional Services

Type 2 -2 of 3
Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.

PROJECT COST R EQUIRED 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,
construction management,
counselors, medical professionals,
hospitals, clinics, attorneys and
accountants, as may be required
by the City.

Architects and Engineers coverage shall be endorsed to include contractual liability.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability and Automobile Liability Insurance coverages.

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
www.ci.richmond.ca.us/RiskManagement
.

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.

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.

Cancellation Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

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Type 2 -3 of 3
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.

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.

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

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

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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. 153

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

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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]:

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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.
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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: ________________________________________________ 157
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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, 158
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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.

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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 160
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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 161
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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 joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

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 sub- contractors 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 162
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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.
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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 164
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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, 165
Contract No: ________ For the Contract between the City of Richmond and
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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. 166
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EXHIBIT E

SPECIAL CONDITIONS

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

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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
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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)
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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:
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CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
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Disclosure Statement for Limited Liability Companies
This Statement Shall be included with all Bid and Proposal Submissions Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.

If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual people is disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
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Request for Proposals
for

Im
migrant Legal Services and Public Awareness Campaign
Program Fiscal Sponsor
City of Richmond, California
Release Date:

Wednesday, May 7, 2025
Deadline for Submittal
Monday, June 9, 2025
4:00 P.M. PDT
Contact: Guadalupe Morales, Associate Management Analyst Email: [email protected]
Phone Number: 510-620-6553
City of Richmond
City Manager’s Office
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Table of Contents
Introduction ................................................................................................................................. 3 About the City of Richmond, California ....................................................................................... 3 Overview of the Immigrant Legal Services and Resources Program ..................................... 4 Scope of Services ....................................................................................................................... 4 Fiscal Sponsor Responsibilities ....................................................................................... 4 Recipient Organization Responsibilities .......................................................................... 5 Eligibility for Legal Representation .................................................................................. 5 Scope of Legal Representation ....................................................................................... 6 Data Collection and Reporting ........................................................................................ 6 RFP Schedule ............................................................................................................................ 7 City of Richmond Standard Proposal Format Guidelines...................................................... 8 A. Vendor Cover Letter ................................................................................................... 8 B. Background and Project Summary Section ................................................................. 9 C. Methodology Section .................................................................................................. 9 D. Staffing ....................................................................................................................... 9 E. Qualifications ............................................................................................................ 10 F. Cost Information ....................................................................................................... 10 G. Value Added Services .............................................................................................. 10 H. Contractor Assignment of Sub-Contract ................................................................... 11 I. Previous Contracts with the City of Richmond ............................................................ 11 J. Exceptions to this Request for Proposals .................................................................. 11 K. Statement of Impartiality and Disclosure ................................................................... 11 Process for Submitting Proposals ............................................................................................. 11 Questions Concerning Request for Proposals ............................................................... 11 Submission of Proposals ............................................................................................... 12 General Guidelines ................................................................................................................... 12 Public Records .............................................................................................................. 13 Insurance Requirements ............................................................................................... 13 Business Licenses ........................................................................................................ 13 Compliance with City Ordinances.................................................................................. 13 Sanctuary City Contracting Ordinance (SCCO) ............................................................. 14 Limited Liability Company Disclosure Statement (LLCS) ............................................... 14 Collusion ....................................................................................................................... 14 W
ithdrawal of Proposals ............................................................................................... 14 Ownership of Documents .............................................................................................. 14 Proposal Evaluation and Selection Process .............................................................................. 14 Background and Project Summary – 25 Points ............................................................. 15 Methodology – 20 Points ............................................................................................... 15 Staffing – 20 Points ....................................................................................................... 16 Qualifications – 15 Points .............................................................................................. 16 Cost Proposal – 20 Points ............................................................................................. 16 Interview and Demonstration Process ........................................................................... 16 Pre-Award Negotiations ................................................................................................ 17 Attachments ............................................................................................................................. 18 179