Agenda — Richmond City Council, November 4, 2025 (part 18 of 18)

November 4, 2025
Police Department
DATE: November 4, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Service Agreement Amendment with Contra Costa
County Animal Services Department
FINANCIAL IMPACT: The proposed $1,403,221 expenditure is included within the approved Fiscal Year 2025-2026 Police Department
budget (Account String: 01191021-400221).

PREVIOUS COUNCIL
ACTION:

September 10, 2024
November 28, 2023
July 19, 2022

STATEMENT OF THE
ISSUE:

Richmond Police Department maintains an ongoing
agreement with the Contra Costa County Animal
Services Department for animal control; however, the
annual amount requires Council approval. The Fisal Year 2025-26 contract cost is $1,403,221, based on a per
capita rate of $12.45 and the City’s population reported by the California Department of Finance. The Department budgeted $1,374,703 and will transfer $28,518 internally to cover the shortfall. City Council approval is needed to approve a purchase order for services from July 1, 2025, through June 30, 2026.

RECOMMENDED ACTION: APPROVE and AUTHORIZE a contract payment amount of $1,403,221 for the continuation of funding for the
Fiscal Year 2025-2026 Contra Costa County Animal
Services Agreement extending the service agreement by
one year, for the term of July 1, 2022, through June 30, 2026 – Police Department (Chief Bisa French 510-621-
1802).

AGENDA
REPORT
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Page 2 of 3 ends

November 4, 2025
DISCUSSION:

The City of Richmond entered into a City-County Animal Services Agreement (Agreement) with the Contra Costa County Animal Services Department (County) to provide State-mandated animal-related services to the City’s residents (Attachment 1).

The Agreement began on July 1, 2022, and had a two-year term with an ending date of June 30, 2024. The Agreement provides for automatic renewal for successive threeyear terms until either party terminates the Agreement by giving the other party 90-days advance written notice of termination. The Agreement was amended by the County to correct section 13.a.iiii. as approved by City Council on November 28, 2023 (Attachment 2).

The County uses the following formula and is based on the City’s population according to the California Department of Finance Demographic E1 report published at the beginning of each Calendar year. For this reason, the City could not accurately estimate the total amount due when the agreement was first taken to Council on July 19, 2022:

For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) the County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

On September 10, 2024, City Council approved funding in the amount of $1,374,703 for Fiscal Year 2024-25 and ratified the extension of the contract term through June 30, 2025.

In a letter addressed to City Manager Shasa Curl on February 21, 2025, the Animal Services Department stated the following (Attachment 3):

Per section 13.a.iii. in the City-County Services Agreement (attached), the city fees are the total County fiscal year (FY) cost to provide Animal Services, minus animal licensing and user fees, and minus the County General Fund contribution.

The information below details the values for FY 2025/26:

Total County Animal Service Cost $18,261,445
Total Licensing and User Fee Revenue $1,663,000
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November 4, 2025
Total General Fund Contribution $5,934,970
Total City Contract Fees $10,663,475
The total per capita cost for each city for FY 2025/26 is $12.45. Based on your city’s population according to the California Department of Finance Demographic E1 report as released on May 1, 2024, the City contract cost for animal services in FY 2025/26 is $1,403,221.

Richmond Police Department staff originally entered the prior year budgeted amount of $1,374,703 as a placeholder, which was 10 percent more than the prior year actuals.

City Staff will make the appropriate budget transfer of $28,518 internally to make up for the shortfall.

The City’s purchasing policy states that staff must receive City Council’s approval prior to creating a purchase order to pay for the agreed upon services for the Fiscal Year starting July 1, 2025, through June 30, 2026.

The City of Richmond Police Department staff believes the County services are the most economically feasible way to provide animal control services to its citizens and therefore asks that Council approve funding in the amount of $1,403,221 for Fiscal Year 2025-2026 and ratify the extension of the contract term through June 30, 2026 DOCUMENTS ATTACHED:

Attachment 1 – Original Agreement
Attachment 2 – First Amendment to the Agreement
Attachment 3 – Fiscal Year 2025-2026 City Fee Letter
3364
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of Richmond, a municipal corporation in the County ("City"), enter into this City-County Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).

1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.

Division 416 establishes requirements and procedures for animal control by the County’s Animal Services Department. This Agreement is entered into to memorialize the County’s provision of Animal Services and enforcement of Division 416 within the City as provided in Section 416-4.208, and as authorized by California Government Code section 51301.

2. Enforcement Duties and Personnel. The County will enforce Division 416 within the City’s boundaries. The City hereby designates and appoints the County's Animal Services Director and his or her staff as public officers of the City for the purposes of this Agreement and enforcing and carrying out its provisions.

3. Scope of Services.
a. In addition to enforcing Division 416, the County will provide to the City the Field Services, Shelter Services, and Deceased Animal Services described in this Agreement (collectively, “Animal Services”) in the manner provided for in this Agreement. During periods of emergency (such as fire, earthquake, flooding, pandemic), it might not be possible to provide the Animal Services to the same extent and within the same time frames as during non-emergency times.
b. Calls made to the County for services that are not provided by the County pursuant to this Agreement will be referred back to the City in which the call was requested. In such a case, the City is responsible for determining the next appropriate action.
c. The County will provide Animal Services within the City’s boundaries in accordance with all applicable federal, state, and local laws, including the Ordinance Code.

4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have lifethreatening conditions. b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in progress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a 3365
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.

5. Field Services. The County will provide the following services (collectively, “Field Services”) within the City upon a request from a City resident or person within the boundaries of the City.
a. Pick up and attempt to return to their owners domesticated animals that are found “at large,” to the extent possible without impoundment by relying on the animal’s identification, including dogs, trapped, injured, or sick cats, and other small, domesticated animals, including rabbits, chickens, turkey, geese, and ducks, but excluding wildlife, such as deer, mountain lions, opossums, wild turkeys, raccoons, skunks or squirrels unless a rabies exposure has occurred.
b. Investigate complaints of animal bites, rabies exposure and attacks to humans or domestic animals, including documenting the incident, interviewing witnesses, quarantining animals, preparing and transporting animals for rabies testing, and investigating any alleged violations of a quarantine order.
c. Enforce provisions governing potentially dangerous and dangerous animals, including but not limited to investigating complaints, designating animals, impounding animals, conducting hearings, and issuing permits for animals designated dangerous or potentially dangerous. d. Enforce provisions governing barking dogs and other noisy animals, including but not limited to conducting hearings.
e. Respond during regular business hours to police or fire department calls for assistance regarding animal-related issues. The County may provide after-hours warrant support to the City with advance notice, if County Animal Services personnel are available and willing to volunteer for the assignment, and provided the City pays additional fees sufficient to cover the County’s actual costs.
f. Investigate, cite, impound, and seek resolution of complaints regarding potential mistreatment of domestic animals by their owners.

6. Response Times for Field Services.
a. The County will attempt to respond to requests for Field Services during the hours and within the times specified in this section. The County shall maintain records of its response times to calls for Field Services. i. Priority 1 calls are Emergency Calls, which are calls for assistance from police or fire personnel and calls regarding rabies exposure, dangerous animals, and Critically Sick or Injured Animals.

1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including 3366
3 holidays.

2. For ninety-five percent (95%) of responses to Priority 1 calls, County personnel will attempt to arrive on the scene within two (2) hours from the time when the call for service is received by County staff.
ii. Priority 2 calls are calls to pick up animals that were at large but have since been confined at a location within the County, and calls regarding urgent, animal-related requests for assistance not involving Critically Sick or Injured Animals.

1. The County will respond to Priority 2 calls during regular Field Services hours.

2. For eighty percent (80%) of responses to Priority 2 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 12 hours from the time the call for service is received by County staff.

3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.

4. The County may respond to Priority 2 calls by taking a report by phone or by contacting parties and witnesses at the scene. iii. Priority 3 calls are all other calls, such as calls regarding animals at large, animals causing a nuisance, and dead animals.

1. The County will respond to Priority 3 calls during regular Field Services hours.

2. For sixty-five percent (65%) of responses to Priority 3 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 24 hours from the time the call for service is received by County staff.

3. The County will respond to calls received outside of regular Field Services hours on the next day.

4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.

5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.

7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated 3367
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be 3368
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.

8. Deceased Animal Services. The County will provide the following services within the City in response to calls regarding deceased animals during regular Field Services hours:
a. Pick up deceased domestic animals, wildlife, and livestock from public property.
b. With property owners’ consent, pick up deceased domestic or wild animals from private property for a fee based on the Department’s fee schedule paid directly to the County Animal Services Department by the property owner or reporting party.
c. Identify and notify the owner of deceased animals, whenever possible. d. Dispose of the body of any deceased animal picked up by the County.

9. Excluded Services. The County will not provide the following services to the City under this Agreement:
a. Respond to requests for removal of live or deceased marine animals and disposal of deceased marine animals.
b. Pick up and transport wildlife, including baby birds. c. Pick up live animals for surrender. The County may, at its discretion, accept live animals belonging to County residents for surrender at the Martinez shelter and charge a fee to the animal owner or property owner as part of its regular operations.
d. Respond to pest control issues (i.e., infestations, perceived or real, of squirrels, rats, mice, insects, gophers, wasps, bees, spiders, or other pests).
e. Respond to calls regarding live, sick and injured racoons, opossum, deer, mountain lions, coyotes, wild turkeys, wild pigs, peacocks, or other wildlife unless a rabies exposure has occurred. The County will refer calls regarding live wildlife to the California Department of Fish and Wildlife.
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6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.

11. Performance and Activity Reports. The County will deliver to the City within 14 days of the end of each quarter, an Animal Control and Results Report summarizing Animal Services provided by the County to the City during the previous quarter and including year-to-date data. This report will include the following information:
a. The total number of calls for service received by the County under this Agreement, identified by type of service and Priority level. b. A response time report identifying response times by Priority level. c. The outcomes for animals impounded, identified by City/County jurisdiction.
d. The number of calls for service received from City residents or persons within the City’s boundaries.
e. A listing of dogs registered to City residents identified as potentially dangerous or dangerous (PDA/DA) that have a valid County-issued PDA/DA permit.

12. Fees and Fines. Pursuant to Food and Agricultural Code Section 30652, all fees and fines collected by the County for providing Animal Services to the City shall be deposited into the County Treasury and shall be used to meet the County’s cost of providing Animal Services to the City.

13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the 3370
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,00, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97
[($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.

14. Term; Termination.
a. The term of this Agreement begins on the Effective Date and continues for two (2) years. This Agreement shall automatically renew for successive three-year periods until either party terminates this Agreement by giving the other party 90 days advance written notice of termination.
b. This Agreement shall automatically terminate if the County repeals Division 416 or if the City repeals its resolution incorporating and applying Division 416 within the City.
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8 c. The County may terminate this Agreement if the City fails to pay the Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.

15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, with respect to the subject matter hereof. Any amendment to this Agreement must be in writing and approved by the Contra Costa County Board of Supervisors.

16. Governing law; Venue. This Agreement shall be governed by the laws of the State of California. Any dispute arising out of or related to this Agreement shall be brought in Contra Costa County Superior Court.

17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:

If to County:

Director, Animal Services
4800 Imhoff Place
Martinez, California 94553-4300
If to City:
__________________________
__________________________
__________________________
__________________________
The parties are signing this Agreement as of the Effective Date set forth above.

COUNTY CITY
By: Beth Ward By:

Title: Animal Services Director Title:

Date: Date:

City of Richmond
1701 Regatta Blvd.

Richmond, CA 94804
c/o Richmond Police Dept.

Thomas K. Butt
Mayor
3372
Animal Services Department
4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400
Beth Ward
Animal Services Director
Contra
Costa
County
October 3, 2023
Ms. Sasha Curl
City of Richmond
450 Civic Center Plaza, Ste. 300
Richmond, CA 94804
Re: Service Agreement Amendment (i.e., Section 13.a.iii. CORRECTION) Dear City Manager Ms. Sasha Curl,
I wanted to reach out to you today to bring forward a correction in Section 13. a. iii of the City – County Animal Services Agreement (“Agreement”) that pertains to the calculation of the Annual Fee. Unfortunately, your city council members approved the agreement without the revised language for section 13.a.iii.

The Agreement states that the population used to calculate the per-capita rate would include both the cities for which the County provides animal services and the unincorporated population. That needs to be corrected because it should only reflect the incorporated populations of the cities and towns we contract with, not the unincorporated areas. To correct this, section 13.a.iii of the Agreement must be amended to remove the clause “…of the unincorporated area plus the…,” as indicated below:

13. Annual Fee a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the county the following amounts (“Annual Fee”):
… iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) the County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

While the example below the deleted excerpt in the Agreement reflects the correct formula, the narrative does not accurately capture the fee structure as devised in the County’s strategic planning process and what had been previously communicated during meetings between City officials and Animal Services. I have attached an amendment that corrects this error—i.e., removes the erroneous highlighted section to match the formula and what was agreed upon between the City and County. The City of Richmond will thus need to process this amendment with their City Council to correct this section in the City-County Animal Services Agreement.

Please let me know if you have any questions.

Thank you,

Beth Ward
Beth Ward, Director
DocuSign Envelope ID: 1D14FB62-1B1C-4023-837F-417F483B7DF2 3373

AMENDMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE CITY OF

RICHMOND, CA ANIMAL SEVICES AGREEMENT
County of Contra Costa (“County”), a political subdivision of the State of California, and the City of Richmond (“City”), a municipal corporation of the State of California and in the County, hereby execute this administrative amendment to the City-County Animal Services Agreement, effective July 1, 2022 (“Agreement”), to correct an error in the Agreement and to accurately reflect the original intent and agreed upon terms between the City and County. NOW THEREFORE, County and City hereby amend the Agreement, as follows:

1. Correct Section 13.a.iii. of the Agreement. To accurately reflect the original intent and agreed upon terms between the City and County, Section 13.a.iii. of the Agreement is hereby amended to remove the erroneous clause “…of the unincorporated area plus the…” Section 13.a.iii. is therefore deleted in its entirety and replaced with the below Section 13.a.iii., as set forth below:

13. …
a. …
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

2. Aside from the amended Section 13.a.iii of the Agreement, set forth above, all other terms and conditions of the Agreement shall remain in effect as provided therein. Furthermore, nothing in this amendment to the Agreement shall be construed to affect the interpretation of any other section(s) of the Agreement, except for those explicitly referenced above.

COUNTY: CITY

_________________________________ __________________________________

By: Beth Ward

Title: Animal Services Director
Date: ____________________________
By: _____________________________
Title: ____________________________

Date: _____________________________
DocuSign Envelope ID: 1D14FB62-1B1C-4023-837F-417F483B7DF2 10/3/2023
3374
Animal Services Department
4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400
Ben Winkleblack
Director
Contra Costa County
February 21, 2025
Ms. Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza Ste 300
Richmond, CA 94804
Dear Ms. Curl,
Per section 13.a.iii. in the City-County Services Agreement (attached), the city fees are the total County fiscal year (FY) cost to provide Animal Services, minus animal licensing and user fees, and minus the County General Fund contribution. The information below details the values for FY 2025/26:

Total County Animal Service Cost $18,261,445
Total Licensing and User Fee Revenue $1,663,000
Total General Fund Contribution $5,934,970
Total City Contract Fees $10,663,475
The total per capita cost for each city for FY 2025/26 is $12.45. Based on your city’s population according to the California Department of Finance Demographic E1 report as released on May 1, 2024, the City contract cost for animal services in FY 2025/26 is $1,403,221.

The Animal Services Department expects to achieve cost savings for FY 2024/25 through vendor updates, supply brand optimization, enhanced emergency medical protocols, and a reduction in the average length of stay for animals. These strategies will continue into FY 2025/26 to help offset operational and facility needs.

After reviewing Q1 and Q2 operational costs, the Department anticipates a cost savings in the current FY 2024/25 contract period. These savings will be finalized through the reconciliation process in August 2025 and reflected in the FY 2025/26 Q2 invoice, issued in October 2025. The reconciliation will equate to a 4.35% savings toward your FY 2025/26 fee, as currently estimated and subject to change.

We look forward to working with you to ensure that our department is adequately serving the needs of your city. I can be reached at (925) 608-8470 should you have any questions or wish to speak with me about this information.

Thank you for your continued support.

Sincerely,
Ben Winkleblack, Director
3375
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of Richmond, a municipal corporation in the County ("City"), enter into this City-County Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).

1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.

4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have lifethreatening conditions. b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in progress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3376
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.

1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3377
3 holidays.

1. The County will respond to Priority 2 calls during regular Field Services hours.

3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.

1. The County will respond to Priority 3 calls during regular Field Services hours.

3. The County will respond to calls received outside of regular Field Services hours on the next day.

4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.

5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.

7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3378
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3379
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3380
6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.

13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3381
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,00, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97
[($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 3382
8 c. The County may terminate this Agreement if the City fails to pay the Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.

17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:

If to County:

COUNTY CITY
By: Beth Ward By:

Title: Animal Services Director Title:

Date: Date:

City of Richmond
1701 Regatta Blvd.

Richmond, CA 94804
c/o Richmond Police Dept.

Thomas K. Butt
Mayor
DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 7/22/2022 7/22/2022
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November 4, 2025
DocID #55362v1
Public Works
DATE: November 4, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, PE, Senior Civil Engineer
Subject: Accept Subregional Transportation Mitigation Program Funds for Downtown Point Richmond Bicycle & Pedestrian
Connectivity Project
FINANCIAL IMPACT: The proposed total cost of $241,000 will be funded with Subregional Transportation Mitigation Program (STMP)
funds for the Downtown Point Richmond Bicycle &
Pedestrian Connectivity Project. These funds will be
appropriated to the Engineering Grant Fund (Fund 1054), (Account String: 15436431-400733-23060).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond has been awarded $241,000 in
Subregional Transportation Mitigation Program (STMP)
funding from the West Contra Costa Transportation
Commission (WCCTC) for the Downtown Point
Richmond Bicycle & Pedestrian Connectivity Project. To
access these funds, the City Council must approve a
cooperative funding agreement with WCCTC and
appropriate the grant into the City’s budget.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE the Subregional Transportation Mitigation Program funds in
the amount of $241,000 to the City of Richmond, and
AUTHORIZE the City Manager to sign the cooperative
agreement with West Contra Costa Transportation
Commission – Public Works Department (Hillal Hamdan
621-1612/Robert Armijo 620-5477).

AGENDA
REPORT
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November 4, 2025
DocID #55362v1
DISCUSSION:

The Downtown Point Richmond Bicycle and Pedestrian Connectivity Project, a component of the 2021 Richmond Ferry to Bridge to Greenway Complete Streets Plan, seeks to enhance bicycle and pedestrian access and safety in downtown Point Richmond. The project implements high-priority recommendations identified in the 2023 Bicycle and Pedestrian Action Plan and was awarded $241,000 in Subregional Transportation Mitigation Program (STMP) funding from the West Contra Costa Transportation Commission (WCCTC) in 2021 (Attachment 1). Execution of the cooperative funding agreement was delayed due to limited staff capacity and departmental transitions within the City of Richmond. With staffing now stabilized, the City is prepared to advance the project, which continues to be a regional transportation priority.

On September 26, 2025, the WCCTC Board of Directors reaffirmed the allocation of STMP funding to the City of Richmond for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project. The Board also authorized the WCCTC Executive Director to execute a cooperative funding agreement with the City of Richmond enabling the City to move forward with project implementation (Attachment 2).

The WCCTC established its first transportation impact fee in 1997 through the Subregional Transportation Mitigation Program (STMP). These fees are authorized under Assembly Bill (AB) 1600, also known as the Mitigation Fee Act, which allows for the collection of fees to fund capital improvements that mitigate the effects of new development. The purpose of STMP is to ensure that new developments contribute their fair share toward regional transportation infrastructure projects. All projects are grouped into categories, including local street and intersection improvements, complete street projects, transit and station-related improvements, and freeway and interchange improvements. Richmond’s project advances complete street and active transportation goals and supports equitable access by serving a Community of Concern.

Approval and execution of the cooperative agreement will enable the City to request reimbursement from the West Contra Costa Transportation Commission (WCCTC) for design and engineering expenses associated with the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project. The Subregional Transportation Mitigation Program (STMP) funding will support completion of the project’s design phase and position the City to pursue additional construction funding through forthcoming state and regional grant programs.

Anticipated Project Timeline:
 October 2025 – Project Kick-off
 November 2025 – February 2026 – Data Collection & Analysis; Outreach begins
 January 2026 – December 2026 – Engineering and Design, Construction Plans  December 2026 – February 2027 – Bid for Construction
 March 2027 – March 2028 – Construction
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November 4, 2025
DocID #55362v1
City staff recommends that the City Council adopt a resolution to accept and appropriate the STMP funding and execute the agreement with WCCTC (Attachment 3).

Adoption will secure the $241,000 STMP allocation, advance the project into design, and ensure Richmond maximizes regional funding opportunities for its highest priority bicycle and pedestrian improvements.

DOCUMENTS ATTACHED:

Attachment 1 - West Contra Costa Transportation Advisory Committee Board of Directors Meeting Minutes May 28, 2021
Attachment 2 – Grant Agreement
Attachment 3 – Resolution
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Reso. No. XX-25

Page 1 of 2 ends

DocID #55363v1
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, TO ACCEPT AND APPROPRIATE SUBREGIONAL

TRANSPORTATION MITIGATION PROGRAM (STMP) FUNDS IN THE AMOUNT OF $241,000 FOR THE DOWNTOWN POINT RICHMOND BICYCLE AND

PEDESTRIAN CONNECTIVITY PROJECT AND AUTHORIZE THE CITY MANAGER

TO SIGN THE COOPERATIVE AGREEMENT BETWEEN WEST CONTRA COSTA

TRANSPORTATION COMMISSION (WCCTC) AND THE CITY OF RICHMOND WHEREAS, at its May 28, 2021, meeting, the WCCTC Board of Directors approved an appropriation of two hundred forty-one thousand dollars ($241,000) in 2019 Subregional Transportation Mitigation Program (STMP) funds to the City of Richmond for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project, identified in the 2019 STMP; and WHEREAS, the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project advances recommendations from the 2021 Richmond Ferry to Bridge to Greenway Complete Streets Plan and the 2023 Bicycle and Pedestrian Action Plan, and will enhance bicycle and pedestrian access and safety through Downtown Point Richmond; and WHEREAS, staff recommends the appropriation of funds in the amount of $241,000 into the Engineering Grant Fund and approval of a cooperative funding agreement with WCCTC, with authorization for the City Manager or designee to execute the agreement; and WHEREAS, the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project will utilize the $241,000 in STMP funds to complete engineering and design and prepare construction documents; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution, the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.

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

Section 1. The City Council finds that the recitals set forth above are true and correct and, together with the Agenda Report accompanying this item, form the basis for the findings and actions contained in this Resolution.

Section 2. The City Council accepts and appropriates $241,000 in STMP funds into the Engineering Grant Fund (Fund 1054) for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project.

Section 3. The City Council authorizes the City Manager or their designee to execute the cooperative funding agreement with the WCCTC.

Section 4. The City Council designates the City Clerk as the custodian of the documents and other materials that constitute the record of proceedings upon which this decision is based.

These materials are available for public inspection at the City Clerk’s Office, 450 Civic Center Plaza, Richmond, California 94804.

Section 5. This Resolution shall become effective immediately upon its adoption *********************
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 November 4, 2025 by the following vote:

AYES:
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Reso. No. XX-25

Page 2 of 2 ends

DocID #55363v1
NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

DAVE ALESHIRE
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. XX-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 4, 2025.

Pamela Christian, Clerk of the City of Richmond
3388
West Contra Costa Transportation Advisory Committee
Board of Directors Meeting
Meeting Minutes May 28, 2021
MEMBERS PRESENT: Chris Kelley, Chair (Hercules); Demnlus Johnson III, Vice-Chair (Richmond); Rita Xavier (San Pablo); Paul Fadelli (El Cerrito); Tom Butt (Richmond); Jovanka Beckles (AC Transit); Lateefah Simon (BART); Melvin Willis (Richmond); Rebecca Saltzman (BART)
STAFF PRESENT: John Nemeth, Joanna Pallock, Coire Reilly, Leah Greenblat, Kris Kokotaylo (legal counsel)
ACTIONS LISTED BY: Valerie Jenkins
Meeting Called to Order: 8:00am
Public Comment: Bruce Beyaert, Chairman for TRAC, commended the City of Richmond for the actions to make it safer to walk or bike from the Richmond Ferry terminal to the Richmond-San Rafael Bridge pathway.

CONSENT CALENDAR
Motion by Director Willis; seconded by Director Beckles motion passed unanimously.

Yes- C. Kelley, D. Johnson III, R. Xavier, P. Fadelli, J. Beckles, M. Willis, L. Simon No- none
Abstention- none
Motion passed unanimously
Item #3. Approved: Minutes of April 23, 2021 Board Meeting.

Item #4. Received: Monthly Update on WCCTAC Activities.

Item #5. Received: Financial Reports April 2021.

Item #6. Received: No Invoices over $10,000.

Item #7. Approved: Purchase Order for the Pass2Class Program.

Item #8. Approved: Fiscal Year 2021-22 Measure J 19b Funds to WestCAT and AC Transit.
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REGULAR AGENDA ITEMS
Meeting Adjourned: 10:00 am

ITEM/DISCUSSION ACTION
Item #9
STMP Call for Projects: Funding
Recommendations
John Nemeth, WCCTAC Executive Director,
explained the TAC and staff͛s recommendation
for funding for Cycle 1 of the 2019 STMP Update
Call for Projects.

Motion by Director Simon; seconded by ViceChair Johnson, to approve the TAC and WCCTAC staff͛s proposed funding allocations for the STMP
projects.

Motion passed unanimously.

Yes- C. Kelley, D. Johnson III, R. Xavier, J. Beckles,
M. Willis, P. Fadelli, L. Simon
No- none
Abstention- none
Item #10
Draft Fiscal Year 2022 Work Program,
Budget, and Dues
John Nemeth, WCCTAC Executive Director,
provided a review of the Draft Work Program,
Budget, and Dues for Fiscal Year 2022. Staff
requested the Board͛s authorization to circulate
the draft documents to members agencies for
review and comment.

Motion by Director Willis; seconded by Director
Simon, to circulate draft documents to member
agencies.

Motion passed unanimously.

Yes- C. Kelley, D. Johnson III, R. Xavier, J. Beckles,
M. Willis, P. Fadelli, L. Simon
No- none
Abstention- none
Item #11
TDM Program Update
Information Only
Coire Reilly, of WCCTAC Staff, provided an update
on activities of the TDM program during the
current year, including Bike to Wherever Day.

He also provided a look-ahead to the activities of
the next fiscal year when demand for certain
programs may rebound post-pandemic.
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TO: WCCTAC Board MEETING DATE: May 28, 2021
FR: John Nemeth, Executive Director
RE: STMP Call for Projects: Funding Recommendations.

REQUESTED ACTION
Approve the STMP funding recommended by the WCCTAC TAC.

BACKGROUND AND DISCUSSION
On March 26, 2021, the WCCTAC Board approved a Cycle 1 Call for Projects for the 2019 STMP Update. It recommended making $3,750,000 available, leaving remaining funds for other commitments. The Board also endorsed the parameters proposed by the TAC including a maximum of two applications per sponsor and a maximum funding request of $1.875 million (50% of the funding available). STMP funding reqeusts were due on April 26, 2021.

Submittals
WCCTAC received the funding requests listed below. A brief description of the projects and their proposed use of STMP funding is included as Attachment A. The funding requests, which include nearly 100 pages of combined material, can be provided upon request.

Sponsor Project Funding
Request
Amended
Request
TAC
Recomm.

Score
BART El Cerrito Plaza Station, New
Fare Gates and Elevator
Enclosures
$750,000 $750,000 $750,000 26.5
Richmond Richmond Ferry to Bridge
Bicycle Network Improvements
$241,000 $241,000 $241,000 24.0
El Cerrito Del Norte BART TOD Complete
Streets
$1,189,800 $1,189,800 $1,189,980 23.3
Pinole Appian Way Complete Street
Preliminary Engineering
$100,000 $100,000 $100,000 22.5
EBRPD Bay Trail - Pinole Point to Point
Wilson
$500,000 $500,000 $500,000 20.5
San Pablo San Pablo Ave. Bridge
Replacement and Intersection
Realignment
$1,814,000 $1,360,000 $668,000 20.5
Hercules Refugio Creek/North Channel
Endowment
$200,000 N/A - N/A
Hercules RITC-Utility Relocation and
Track/Signal design
N/A $300,000 $300,000 20.5
TOTAL $4,794,800 $4,140,800 $3,748,800
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Amounts Requested
In the table on the previous page, the “Funding Request” column shows amounts requested by project sponsors. The initial Hercules request was deemed to be incompatible with the Mitigation Fee Act by WCCTAC’s legal counsel given that it was for a prospective activity (future maintenance on a creek area). In addition, WCCTAC’s 2019 STMP does not allow for funding beyond the construction phase. WCCTAC staff, however, allowed Hercules to submit a substitute funding request for the TAC’s consideration.

The “Amended Request” column, also in the table on the previous page, shows the revised Hercules request. In addition, the request by San Pablo was reduced to $1,360,000 since that is the maximum that can be allocated to the San Pablo Avenue Intersection Realignment at 23rd Street and Road 20 funding category based on WCCTAC’s Nexus Study.

Scores
At its March 11, 2021 meeting, the TAC developed criteria for WCCTAC staff to score and rank the funding requests as follows:

Scoring Criteria for Cycle 1 2019 STMP Update Call for Projects:

Criteria Max. Points
Readiness to spend STMP dollars. (earlier spending scores higher). 10 Readiness to construct. (projects close to construction score higher). 5 Share of the funding gap. (STMP fully closing a gap scores higher than partially closing a gap).
5 Serves a disadvantaged community. 5
Improves subregional alternative mode network. 5
Based on these criteria, WCCTAC staff scored and ranked the funding applications and presented this information to the TAC. A more detailed review of the scoring methodology is included as Attachment B.

WCCTAC TAC Proposal
The combined (amended) funding request of $4,140,800 exceeds the $3,750,000 available.

As a result, not all requests can be fully funded.

The TAC, at its May 13, 2021 meeting, recommended that all requests be fully funded, except for the San Pablo Avenue Bridge Replacement and Intersection Realignment project, submitted by the City of San Pablo. This was the largest funding request and was also among the lower scoring. The project includes a design component ($668,000) that can make use of STMP funds in the near term. That component, as a stand-alone funding request, would have received the second highest score of 24.4. The request also sought funding for longer term right of way acquisition or construction. The TAC proposed to fund just the design component, although San Pablo can still seek funding in a later STMP funding cycle. As a result, the total funding allocation proposed by the TAC would be $3,748,800, just under the $3,750,000 available.
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Next Steps
Following Board action on a funding allocation, WCCTAC staff will work with staff from each agency to develop draft funding agreements utilizing WCCTAC’s standard template. These draft agreements will be brought back to the WCCTAC Board for its approval and will also be approved by the funding recipients. Funds are ultimately disbursed on a reimbursement basis.

Attachments:

A: Brief Project Descriptions
B: Scoring Methodology
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Attachment A: Brief Project Descriptions
El Cerrito Plaza BART New Fare Gates and Elevator Enclosures:

The elevators at the El Cerrito BART Station are currently outside the paid area on the street (Concourse) level. This BART-sponsored project would install metal enclosures in front of the elevator entrances on the Concourse level, along with new swing barrier style pneumatic fare gates in front of the enclosures to reduce the occurrence of fare evaders. The $750,000 in requested STMP funds would complete the procurement and construction phase and thus complete the project. Funds could be spent as early as September 2021.

Richmond Ferry to Bicycle Network Improvements:

The City of Richmond requested $241,000 in STMP funding to design and construct cyclist and pedestrian safety improvements through the Point Richmond Historic District between Cutting Blvd. and the RSR Bridge trailhead at Castro Street. These improvements include:
protected two-way cycle tracks, reconfiguration of motor vehicle parking, high visibility crosswalks with ADA-compliant curb ramps, sidewalk extension to reduce street crossing distances, bus stop improvements, wayfinding signs, and pavement markings. The STMP funds would be paired with other sources of funding. The PSE phase could begin as early as this summer.

Del Norte BART TOD Complete Streets:

This project, sponsored by the City of El Cerrito, would use $1,189,800 in STMP funds to develop a series of bicycle and pedestrian improvements in the vicinity of the El Cerrito Del Norte BART Station. It includes bikeways on San Pablo Ave., Cutting Blvd., Eastshore Blvd., Hill Street, and Knott Ave., along with protected intersection treatments, new protected crosswalks and signals, speed tables and flashing beacons at crosswalks at the I-80 on-ramps, in-lane bus boarding islands on San Pablo Ave. and Cutting Blvd, sidewalk improvements, narrowed travel lanes, street modifications, traffic signal optimization, and streetscape improvements. Funds would be mainly used for design in the near term with a portion dedicated to construction, projected to begin in December 2022.

Appian Way Complete Street Preliminary Engineering:

This project, sponsored by the City of Pinole, would use $100,000 in STMP funds to complete preliminary design, community outreach, utility coordination, environmental and final design for bicycle and pedestrian improvements on a stretch of Appian Way just south of Fitzgerald Drive. The final project may also include improvements to bus stops. Work could begin in August of 2021
Bay Trail – Pinole Point to Point Wilson:

This East Bay Regional Park District project would use $500,000 in STMP funds to complete the final plans, specifications, estimates, and permitting of a .9-mile paved Class I multi-use extension of the San Francisco Bay Trail from Pinole Point Business Park in Richmond to Point Wilson in Contra Costa County. This project would close the final gap in the San Francisco Bay Trail creating 30 miles of continuous trail from Lone Tree Point in Rodeo to Oakland and Treasure Island. Work on the PSE could begin in August of 2022. 9A-1
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San Pablo Ave. Bridge Replacement and Intersection Realignment:

The City of San Pablo is working on replacing the deficient existing six-lane bridge at the intersection of San Pablo Avenue/Road 20/23rd Street with a new bridge and making associated intersection realignment and safety improvements for all users. A portion of STMP funds ($668,000) would be paired with federal Highway and Bridge funds to close a funding gap for design work which could begin this summer. The remainder of the City of San Pablo’s request would be used for right of way acquisition or construction in the future.

Hercules Refugio Creek / North Channel Endowment:

STMP funds would be used by the City of Hercules to establish an endowment fund to be managed by a third-party land trust. Annual returns from the endowment would be used for routine maintenance work on the Refugio Creek / North Channel area. As noted in the staff report, this request was deemed ineligible for STMP funds by WCCTAC’s counsel.

Regional Intermodal Transit Center (RITC) Utility Relocation and Track / Signal Design:

This funding request was submitted by the City of Hercules as a replacement for the ineligible Hercules Refugio Creek / North Channel Endowment request. With this project, $300,000 in STMP funds would be used to complete the design of the Utility Relocation phase, and the 25% design for the Track / Signal Design phase. Design work could begin this summer. 9A-2
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Attachment B: Scoring Methodology
As a starting point for the TAC’s development of a funding recommendation, staff scored each project according to criteria developed by the TAC at its March 13, 2021 meeting. These are show in the table below.

Scoring Criteria for Cycle 1 2019 STMP Update Call for Projects:

Criteria Max. Points
Readiness to spend STMP dollars. (earlier spending scores higher). 10 Readiness to construct. (projects close to construction score higher). 5 Share of the funding gap. (STMP fully closing a gap scores higher than partially closing a gap).
5 Serves a disadvantaged community. 5
Improves subregional alternative mode network. 5
The scoring for each of the five criteria and for each project are shown in the table below. A more detailed explanation of the scoring methodology follows the table.

Applicant Readiness to
spend STMP
(10 points)
Readiness to
Construct
(5 points)
Share of the
Funding Gap
(5 points)
Disadvantaged
Community
(5 points)
Improves Alt.

Mode
Network
(5 points)
Total
Score
BART 8.5 5 5 3 5 26.5
Richmond 8.0 4 3 4 5 24.0
El Cerrito 6.3 4 3 5 5 23.3
Pinole 8.5 1 5 3 5 22.5
EBRPD 5.5 3 2 5 5 20.5
San Pablo 5.5 3 3 5 4 20.5
Hercules 8.5 1 4 2 5 20.5
Readiness to Spend STMP Funds (10 points)
WCCTAC staff assigned points based on the likely timing of STMP fund expenditures, using the point assignment shown below. Nearer term spending scored better than longer term spending. Points were assigned using a weighted average. For example, if a funding request of $1,000,000 included an expectation of $100,000 being spent in August of 2021 (10 points) and the other $900,000 in the Summer of 2023 (4 points), the score would be 4.6, ((100,000*10)+(900,000*4)/1,000,000). If the spending was expected to be spread across two or more periods, staff assigned an equal share to each of those periods. For example, if funds were expected to be spent between April and October of 2022, the score would be a

6.5. 10 points - now through Aug 2021
9 points – Sept. 2021 through Nov. 2021
8 points – Dec. 2021 through Feb. 2022
7 points – March 2022 through May 2022
9B-1
3396
6 points – June through Nov. 2022
5 points – Dec. 2022 through May 2023
4 points – June 2023 through Nov 2023
3 points – Dec. 2023 through May 2024
2 points – June 2024 through May 2025
1 point – June 2025 and beyond
Readiness to Construct (5 points)
WCCTAC staff assigned points for this criterion based on when construction was anticipated to start, as shown below. If there was no known start date or the applicant did not provide an estimate, staff assigned one point.
5 points - less than a year from now
4 points - 1-2 years
3 points - 2-3 years
2 points - 3-4 years
1 point - more than 4 years from now
Share of the Funding Gap (5 points)
Points were assigned for this criterion based on how much the STMP funding request closed a funding gap to implement a project or phase of a project. The greater the share of the funding gap closed by the request, the higher the score. For example, if a phase of a project has a cost of $1,000,000, and a project sponsor already has already secured $600,000 and was requesting $200,000 in STMP, the score would be 3. The STMP funds in this case ($200K), represent 50% of the $400K funding gap. This criterion is different than one based on leveraging.
5 points - 100%
4 points - 75-99.9%
3 points - 50-74.9%
2 points - 25-49.9%
1 point – 0-24.9%
Disadvantaged Community (5 points)
WCCTAC staff assigned points as follows:
5 points - project located inside of an MTC-defined Community of Concern 4 points - project located immediately adjacent to an MTC-defined Community of Concern that is geographically large and at the highest tier of concern 3 points - project located immediately adjacent to an MTC-defined Community of Concern that is either geographically large or at the highest tier 2 points - project located within a mile of an MTC-defined Community of Concern 1 point - project more than one mile away from an MTC defined Community of Concern 9B-2
3397
Improves the Alternative Mode Network (5 points)
WCCTAC staff assigned points as follows:
5 points - project funding is aimed entirely at the alternative mode network 4 points - project funding mainly benefits the alternative mode network 3 points - project funding somewhat benefits the alternative mode network 2 points - project funding slightly benefits the alternative mode network 1 point – project funding is not related to the alternative mode network 9B-3
3398
WCCTC Cooperative Agreement with City of Richmond

Page 1 of 10 ends

COOPERATIVE FUNDING AGREEMENT BETWEEN

WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE

DBA WEST CONTRA COSTA TRANSPORTATION COMMISSION
AND

CITY OF RICHMOND
Richmond Ferry to Bridge Bicycle Network Improvements: Pt. Richmond at Tewksbury and Castro Streets to SF Bay Trail aka Downtown Point Richmond Bicycle and Pedestrian Connectivity Project
This AGREEMENT is made and entered into as of June 1, 2025, (the “Effective Date”) by and between the West Contra Costa Transportation Commission (“WCCTC”), a Joint Exercise of Powers Agency organized pursuant to California Government Code Section 6500, et. seq., among the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa, and the transit agencies AC Transit, Bay Area Rapid Transit District, and Western Contra Costa Transit Authority, with offices located at 6333 Potrero Avenue, Suite 100, El Cerrito, CA 94530, and City of Richmond, a municipal corporation.

WCCTC and City of Richmond (“Agency”) shall sometimes be referred to collectively herein as the “Parties” and individually as a “Party.”

RECITALS
WHEREAS, the members of WCCTC signed a Master Cooperative Agreement pertaining to the 2019 Subregional Transportation Mitigation Fee Program Update (“2019 STMP”) in West Contra Costa County, including a list of twenty specific projects and the STMP funding commitments to those projects; and
WHEREAS, Agency’s Project, as further described in the Scope of Work, attached as Exhibit A, which is incorporated herein (“Project”), is one of the twenty projects identified in the 2019 STMP; and
WHEREAS, plans, studies, and cost estimates for Agency’s Project are eligible uses for the STMP funds; and
WHEREAS, at its May 28, 2021 meeting, the WCCTC Board of Directors approved an appropriation of two-hundred, forty-one thousand dollars ($241,000) in STMP funds to Agency towards the Project.

Now, therefore, the Parties hereby agree as follows:

SECTION 1

SCOPE OF WORK

1.1 Scope of Work. Subject to the terms and conditions set forth in this Agreement, Agency shall perform or cause to perform the work described in the scope of work attached as Exhibit A, and incorporated herein (the “Scope of Work”), at the time and 3399
WCCTC Cooperative Agreement with City of Richmond

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place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 1, 2028, and Agency shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended. The time provided to Agency to complete the services required by this Agreement shall not affect WCCTC’s right to terminate the Agreement.

1.3 Standard of Performance. Agency shall perform or cause to be performed all services required in Exhibit A according to the standards observed by a competent practitioner of the profession in which Agency’s consultants or contractors are engaged.

1.4 Assignment of Personnel. Agency shall retain only competent personnel to perform the Project to this Agreement. In the event that WCCTC, in its reasonable discretion, desires the reassignment of any such persons, Agency shall, upon receiving notice from WCCTC, of such desire of WCCTC, reassign such person or persons.

1.5 Time is of the Essence. Time is of the essence. Agency shall devote such time to the performance of the Project pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work.

1.6 Public Works and Department of Industrial Relations Requirements. Because the Project and Scope of Work described in Exhibit A may include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the Project may constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. In accordance with California Labor Code Section 1773.2, WCCTC notifies Agency that this Project is subject to the general prevailing wages in the locality in which the services described in Exhibit A are to be performed. Agency shall cause to be paid prevailing wages for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which Agency shall make available on request by contractors and consultants. The Agency, its consultant and contractors engaged in the performance of the Scope of Work described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. Agency is also required to comply all relevant provisions of the Labor Code applicable to public works, including enforcement of the contractor registration requirements of the California State Department of Industrial Relations.

SECTION 2

FUNDING OBLIGATIONS

2.1 Funding. In accordance with the WCCTC Master Cooperative Agreement pertaining to the 2019 STMP, and subject to available funding, WCCTC hereby agrees to fund Agency’s Project in a sum not to exceed two hundred, forty-one thousand dollars, ($241,000) notwithstanding any contrary indications that may be contained in Agency or any third-party proposal for services to be performed and reimbursable costs 3400
WCCTC Cooperative Agreement with City of Richmond

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incurred under this Agreement. In the event of a conflict between this Agreement and Agency’s Scope of Work, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail.

The payments specified herein shall be the only payments from WCCTC to Agency pursuant to this Agreement. Agency shall submit all invoices to WCCTC in the manner specified herein. Agency shall not bill WCCTC for duplicate services performed by more than one person.

WCCTC and Agency acknowledge and agree that funding paid by WCCTC to Agency under this Agreement is based upon Agency’s estimated costs of funding Agency’s Project, including salaries and benefits of employees, consultants and contractors of Agency. WCCTC has no responsibility for such contributions beyond the amount set forth under this Agreement.

2.2 Invoices. Agency shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost it incurs for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
d. Such other information as reasonably requested by WCCTC.

2.3 Monthly Payment. WCCTC shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. WCCTC shall have 60 days from the receipt of an invoice that complies with all of the requirements above to pay Agency.

2.4 Total Payment. In no event shall Agency submit any invoice for an amount in excess of the maximum amount of compensation provided in Section 2.1, above, either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Reimbursable Expenses. Reimbursable expenses shall not include a mark-up and are billed as a direct cost. In no event shall expenses be advanced by WCCTC to the Agency. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.6 Payment of Taxes. Agency and its contractors and consultants are solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
3401
WCCTC Cooperative Agreement with City of Richmond

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2.7 Payment upon Termination. In the event that WCCTC or Agency terminates this Agreement pursuant to Section 3.4, WCCTC shall compensate the Agency for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Agency shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.8 Authorization to Perform Services. The Agency is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from WCCTC’s Executive Director or his designee.

2.9 Funding Request. Agency shall submit the request for funds for specific components of the Project, detailing project scope, schedule and proposed funding plan, at least four (4) months in advance of the initial anticipated cash flow need or reimbursement; to submit subsequent requests at least two (2) months in advance of anticipated need; and to apply any funds received under this Agreement to the Project consistent with the terms and conditions of an approved funding appropriation.

2.10 Progress Reports. Progress reports shall be submitted along with the funding request in Section 2.9. Agency shall submit progress reports in a form satisfactory to WCCTC based on the cost for services performed.

2.11 Records Keeping. All reports, studies, plans, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Agency prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be made available to WCCTC at WCCTC’s request.

2.12 Agency Financial Records. Agency shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to WCCTC under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Agency to this Agreement.

2.13 Inspection and Audit of Records. Any records or documents that Sections 2.11 and

2.12 of this Agreement requires Agency to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request by WCCTC. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of WCCTC or as part of any audit of WCCTC, for a period of 3 years after final payment under the Agreement.
3402
WCCTC Cooperative Agreement with City of Richmond

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SECTION 3

GENERAL PROVISIONS

3.1 Funding Limitations and Contingencies. If, in response to the Request for Proposal(s), it appears that Project costs including contingency, will exceed the funding set forth in Section 2.1, the Parties agree that they shall meet to revise Scope of Work to meet available funding. Funding of Agency’s Project is strictly contingent upon WCCTC having received, appropriated and allocated sufficient STMP funds for the Agency’s Project. Funding is also contingent upon WCCTC receiving a fully executed Agreement from Agency. If the Scope of Work cannot be revised to meet available funding, then WCCTC reserves the right to terminate this Agreement, or suspend funding, until such time that additional STMP funds are available and allocated to Agency’s Project.

3.2 Acceptance. Upon completion of the Project, Agency shall submit a report documenting that the Project is substantially complete. Agency shall be responsible for filing the appropriate notice of completion for the Project and shall provide a copy to WCCTC for its records.

3.3 Alternative Dispute Resolution. All disputes that arise in connection with interpretation or performance of the Agreement shall first attempted to be resolved informally by the Parties. If not resolved, prior to instituting legal action, the Parties agree to participate in mediation with a mediator jointly selected by the Parties. If the dispute is not resolved by mediation, then the Parties will retain any and all remedies that they otherwise would have at law or equity.

3.4 Termination. This Agreement shall be subject to termination as follows:
a. Either Party may terminate this Agreement at any time for cause pursuant to a power created by the Agreement or by law, other than for breach, by giving written notice of termination to either Party, which notice shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. All obligations that are still executory will be discharged but any right based upon prior breach or performance shall survive. b. This Agreement may be terminated by a Party for breach of any obligation, covenant, or condition by the other Party, upon notice to the breaching Party.

With respect to any breach that is reasonably capable of being cured, the breaching Party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party.

On termination, the non-breaching Party retains the same rights as a Party exercising its right to terminate under the provisions of Section 3.4, except that the non-breaching Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both Parties, this Agreement may be terminated at any time. 3403
WCCTC Cooperative Agreement with City of Richmond

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d. This Agreement may be terminated by WCCTC if funding for Agency’s Project is no longer available by operation of law, or by action taken by the WCCTC Board of Directors to reallocate funds.
e. In no event shall the Parties terminate this Agreement if such termination would conflict with, cause a default under, or otherwise violate the terms or conditions of any revenue bonds.

3.5 Waiver of Claims Against WCCTC. Agency waives all claims by Agency, its directors, supervisors, officers, employees, or agents against WCCTC, its commissioners, officers, employees, or agents for damages, loss, injury and/or liability, direct or indirect, resulting from Agency’s participation in the Project. Agency’s waiver shall not apply to liability arising from and caused by the sole negligence or willful misconduct of WCCTC, its commissioners, officers, employees, or agents.

3.6 Indemnity. Agency shall defend, indemnify and hold harmless WCCTC, its governing board, member agencies, officers, employees, and agents from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, reasonable attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Agency’s performance of any work under this Agreement, except such Liability caused by the sole negligence or willful misconduct of WCCTC. With respect to any claims brought against Agency by a third party, Agency waives any and all rights of any type to express or implied indemnity by WCCTC.

3.7 Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
a. When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. b. When mailed by certified mail with return receipt requested, notice is effective upon receipt if delivery is confirmed by a return receipt. c. When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier.
d. When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered.
e. The place for delivery of all notices under this Agreement shall be as follows:

If to WCCTC:

John Nemeth, Executive Director
West Contra Costa Transportation Commission
6333 Potrero Avenue, Suite 100
3404
WCCTC Cooperative Agreement with City of Richmond

Page 7 of 10 ends

El Cerrito, CA 94530
with a Copy to:

Kristopher J. Kokotaylo, Legal Counsel
Redwood Public Law
66 Franklin Street, Suite 300
Oakland, CA 94607
If to Agency:

Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza,
Richmond, CA 94804

3.8 Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of this Agreement.

3.9 Integration. This Agreement represents the entire agreement of the Parties with respect to the subject matter. No representations, warranties, inducement, or oral agreements have been made by any of the Parties except as expressly set forth in this Agreement.

3.10 Governing Law. The laws of the State of California shall govern this Agreement.

Agency and any consultants and contractors shall comply with all laws, including, but not limited, all statutes, regulations, local ordinances, and decisional authority, applicable to the Scope of Work hereunder. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Agency and any subcontractors shall comply with all applicable rules and regulations to which WCCTC is bound by the terms of such fiscal assistance program.

3.11 Amendment. This Agreement may not be changed, modified, or rescinded except by the written approval, and any attempt of oral modification of this Agreement shall be void and of no effect.

3.12 Independent Contractor. Agency and WCCTC render their services under this Agreement as independent contractors. None of the agents or employees of either shall be agents or employees of the other.

3.13 Assignment. This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

3.14 Successors and Assigns. This Agreement shall be binding upon the successors, assignees, or transferees of WCCTC or Agency as the case may be. This provision shall not be constructed as an authorization to assign, transfer, hypothecate, or pledge this Agreement other than as provided above.
3405
WCCTC Cooperative Agreement with City of Richmond

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3.15 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, so long as the remainder, absent the excised portion, can be reasonably interpreted to give effect to the intentions of the parties.

3.16 Jurisdiction and Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

3.17 Attorney’s Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

3.18 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

3.19 Counterparts. This Agreement may be executed in counterparts.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and attested by their respective officers, duly authorized so to act, as of the date set forth in the first paragraph of this Agreement.

City of Richmond West Contra Costa Transportation
Commission
Shasa Curl, City Manager John Nemeth, Executive Director Date Date
Approved as to Form: Approved as to Form:

Dave Aleshire, City Attorney Kristopher Kokotaylo, Legal Counsel Date Date
3852446.1
3406
WCCTC Cooperative Agreement with City of Richmond
Exhibit A

EXHIBIT A

SCOPE OF WORK
The Agency agrees to:

1. To act as the lead agency and take responsibility for evaluating prospective consultants and contractors retained by Agency and subsequent award of work consistent with this Agreement.

2. To act as the lead agency and retain, as appropriate, consulting services consistent with this Agreement.

3. To be responsible for providing management of consultant and contractor activities, including responsibility for scheduling, budgeting, and oversight of the services, consistent with the scope of the project.

4. To advance or complete all or a portion of following STMP project identified as funding categories: (List which of the twenty permitted STMP projects this fund request will implement.) 8a-Richmond Ferry to Bridge Bicycle Network Improvements

5. To use the STMP funds to complete 100% PS&E plans for this project including all eligible pre-construction work (environmental, utility coordination, surveying, outreach, etc.).

6. To produce or complete STMP Project 8a in the Point Richmond area: beginning at the intersection of Tewksbury Avenue and Santa Fe Avenue, traveling along Tewksbury Avenue to Railroad Avenue; on Railroad Avenue from Tewksbury Avenue to W. Richmond Avenue; on West Richmond Avenue to South Garrard Boulevard; and on South Garrard Boulevard to West Cutting Boulevard. The beginning and end points of the project area connect to existing bicycle facilities. The project will revisit 30% design concepts from the Ferry to Bridge to Greenway Plan intended to improve pedestrian and bicyclist access and safety, while closing a gap in the Bay Trail through downtown Point Richmond.

In summary, the design will incorporate cyclist and pedestrian safety improvements that include:
 Installation of protected two-way cycle tracks
 Reconfiguration of motor vehicle parking
 High visibility crosswalks with ADA-compliant curb ramps  Sidewalk extensions to reduce street crossing distances  Bus stop improvements for AC Transit service
 Wayfinding signs and pavement markings
STMP funding will be used only for completion of 100% PS&E plans. Construction will be funded separately through other grant funding.

7. To complete the overall project based on the following initial schedule for the project:
(Provide an estimated schedule for completing the entire project.) 3407
WCCTC Cooperative Agreement with City of Richmond
Exhibit A
TASK MONTH or QUARTER and YEAR
Begins Ends
Preliminary Engineering July 2025 January 2026
Detailed Design (including
PS&E)
January 2026 December 2026
Advertise Construction* January 2027 March 2027
Award Contract* April 2027 May 2027
Construction Begins* May 2027 May 2028
Construction Complete/ Open
to the Public*
May 2028
Project Close-Out* May 2028 July 2028
*Dates are estimates and will be determined upon identification of construction funding.

8. To complete the STMP-funded portion of the project based on the estimated completion date of December 31, 2026
3408

Page 1 of 2 ends

November 4, 2025
DocID #56008v1
Public Works
DATE: November 4, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Hillal Hamdan, PE, Senior Engineer
Subject: Contract with W.R. Forde Construction, Inc. and the Richmond Parkway Guardrail Replacement Project
Completion
FINANCIAL IMPACT: The proposed $42,740 expenditure is included within the approved Fiscal Year 2025-2026 Public Works General
Fund budget (Account String: 01231131-400642).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council adopt a
resolution authorizing the award of emergency contract
with W.R. Forde Construction, Inc. for the Richmond
Parkway Guardrail Replacement Project closeout,
ensuring all financial obligations are satisfied and the project is formally completed.

RECOMMENDED ACTION: ADOPT a resolution to APPROVE award of emergency contract and final payment to W.R. Forde Construction,
Inc. in an amount not to exceed $42,740, and ACCEPT
the Richmond Parkway Guardrail Replacement Project
as complete - Public Works (Hillal Hamdan 510-621-
1612/ Robert Armijo 510-620-5477).

AGENDA
REPORT
3409

Page 2 of 2 ends

November 4, 2025
DocID #56008v1
DISCUSSION:

On May 23, 2025, a fire severely damaged the guardrail on the Richmond Parkway bridge near Goodrick Avenue. Approximately 250 linear feet of guardrail, posts, and related safety components were destroyed, leaving the facility unable to provide adequate protection for motorists. Because the guardrail was destroyed, there was a significant risk that a vehicle could exit the roadway and travel down the embankment, creating a serious hazard in the event of an accident.

Because of the immediate hazard and the City’s duty to safeguard the public, repairs were classified as an emergency. Public Works staff solicited competitive quotes from W.R. Forde Construction, Inc. and Bay Hawk, Inc. W.R. Forde submitted the lowest bid and was selected based on cost, qualifications, and their status as an existing on-call contractor with the City.

In accordance with Richmond Municipal Code (RMC) §2.52.334, emergency procurements are permitted when there exists a threat to public health, welfare, or safety, provided that such procurements are made with as much competition as is practicable under the circumstances. The City Manager is authorized to approve contracts of $10,000 or less, while contracts exceeding $10,000 require City Council approval. City staff determined that this project met the definition of an emergency, and obtained quotes in compliance with the RMC. City Council approval of the contract amount ensures proper closeout and adherence to statutory requirements.

The approved scope of work included replacing approximately 250 feet of damaged guardrail and repairing the fence separating opposing travel lanes. The project was completed on August 8, 2025, in accordance with the emergency repair plan, fully restoring safety functionality to Parkway Bridge.

City staff now recommends that the City Council adopt a resolution formally accepting the Parkway Bridge Guardrail Replacement Project as complete and approve the contract with W.R. Forde Construction, Inc. in the amount of $42,740. Adoption of the resolution will allow staff to make final payment and close out the project.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Standard contract
3410
Reso. No.

Page 1 of 2 ends

DocID #56007v1
RESOLUTION NO. xx-25

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING AWARD OF EMERGENCY CONTRACT AND FINAL PAYMENT TO W.R.

FORDE CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $42,740, AND

ACCEPTING THE RICHMOND PARKWAY GUARDRAIL REPLACEMENT PROJECT AS

COMPLETE
WHEREAS, on May 23, 2025, a fire severely damaged approximately 250 linear feet of guardrail and wooden posts on the Richmond Parkway bridge near Goodrick Avenue, leaving the structure unable to provide adequate protection and creating a significant risk that vehicles could exit the roadway and travel down the embankment in the event of an accident; and WHEREAS, repairs were deemed an emergency to mitigate the immediate public safety risk and potential City liability. Under Richmond Municipal Code (RMC) §2.52.334, an emergency is defined as any threat to public health, welfare, or safety, and staff are authorized to make or authorize emergency procurements with as much competition as practicable under the circumstances; and
WHEREAS, in compliance with RMC §2.52.334, City staff solicited competitive quotes and obtained two bids, from W.R. Forde Construction, Inc. and Bay Hawk, Inc; and WHEREAS, City staff obtained quotes from two contractors, W.R. Forde Construction, Inc. and Bay Hawk, Inc. where W.R. Forde submitted the lowest bid at $42,740.00; and WHEREAS, staff recommends that the City Council adopt this resolution to formally recognize the emergency procurement, accept the project as complete, and authorize contract closeout and final payment.

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

SECTION 1. The City Council finds and affirms that the foregoing recitals are true and correct.

SECTION 2. The City Council authorizes the Public Works Department to execute an emergency contract and make final payment to W.R. Forde Construction, Inc. in an amount not to exceed $42,740.

SECTION 3. The City Council accepts the Richmond Parkway Guardrail Replacement project, performed by W.R. Forde Construction, Inc., as complete.

SECTION 4. This Resolution shall become effective immediately upon its passage. ******************
3411
Reso. No.

Page 2 of 2 ends

DocID #56007v1
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on November 4, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
3412

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.

Public Works - ECIP Hillal Hamdan [email protected] (510) 621-1612 1103 Guardrail repair on Parkway Bridge
W.R. Forde Associate, Inc. 984 Hensley Street Richmond, CA, 94801 (510) 215-9338 40004786 42,740.00 3413

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
W.R. Forde Associate, Inc.
3414
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

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

W.R. Forde Associate, Inc.

Guardrail repair on Parkway Bridge - see proposal next page 3415
Mobilization
Traffic Control
Replacement of Approximately 250' of Damaged Guardrail, K-2 Marker, and Left and Right Type P Markers
Repair of Fence Located Between Direction of Travel
***All Coordination, Inspection, or Related Fees Related to Caltrans is by City*** ***Cost of All Permits are Not Included in this Price*** Total: $ 42,740
Qualifications & Exclusions:

Engineering or Design Services or Responsibilities
Encroachment Permit Fees Not Included
Grades to +/- one tenth of one foot
No Landscape Restoration
Temporary Fencing of Facilities
Underground obstructions (such as boulders, concrete, tanks) Handling, testing or disposal of any hazardous soil or materials Soil management program or any hazmat procedures
SWPPP - Winterization or erosion control plan
Analytical Testing of All Soils to be Off-Hauled to be Provided by Others Utility Connection Fees
Any work not included in our scope is specifically excluded.

Attn: Hillal Hamdan
Email: [email protected]
Scope of Work
All Work per E-Mail from HH on 06/05/25
W. R. FORDE ASSOCIATE, INC.
984 HENSLEY STREET, RICHMOND, CA 94801
PHONE: 510-215-9338 FAX: 510-215-9867
CONTRACTOR'S LICENSE NO. 1025853 DIR NUMBER 1000048412
Parkway Bridge, Richmond, CA
Guardrail Repair
City of Richmond - Various Repairs
Parkway Bridge 1 of 1 Pages 7/24/2025 @ 11:29 AM
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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.

Hillal Hamdan Hillal Hamdan W.R. Forde Associate, Inc.
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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: ________________________________________________ Hillal Hamdan [email protected]. Forde Associate, Inc. W.R. Forde Associate, Inc. 984 Hensley Street Richmond, CA, 94801 3418
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, W.R. Forde Associate, Inc.
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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 W.R. Forde Associate, Inc.
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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 W.R. Forde Associate, Inc.
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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 jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable W.R. Forde Associate, Inc.
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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.

W.R. Forde Associate, Inc.
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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 W.R. Forde Associate, Inc.
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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, W.R. Forde Associate, Inc.
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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.

W.R. Forde Associate, Inc.
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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”):

W.R. Forde Associate, Inc.
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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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November 4, 2025
Rent Program
DATE: November 4, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nicolas Traylor, Rent Program Executive Director
Lina Velasco, Director of Community Development
Subject: Recommendation to Establish Tenant Buyout Agreement Regulations
FINANCIAL IMPACT: There is no fiscal impact on receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

On July 16, 2025, the Richmond Rent Board approved a
recommendation to the Richmond City Council to
regulate Tenant Buyout Agreements or “Cash for Keys”
arrangements - using a “High Level of Oversight” Tenant Buyout Agreement Policy (Policy Option 3). The purpose
of this report is three-fold: (1) to discuss the policy options presented to the Rent Board and (2) seek
Council approval to affirm (or modify) the Rent Board’s recommended policy, and (3) direct the City Attorney to work with Rent Program staff to draft a Tenant Buyout
Agreement Ordinance.

RECOMMENDED ACTION: RECEIVE a presentation of the various oversight options for a Tenant Buyout Agreement Regulations, including
the Rent Board’s recommended “Option 3: High Level of
Oversight,” and DIRECT the City Attorney’s Office to
work with the Rent Program to draft a Tenant Buyout
Agreement Ordinance incorporating the High-Level
Oversight features contained in policy Option 3 and with Community Development to conduct tenant and landlord
community engagement to inform the proposed final
AGENDA
REPORT
3432

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November 4, 2025
ordinance – Richmond Rent Program (Nicholas
Traylor/Lina Velasco 510-234-7368).

DISCUSSION:

What is a Tenant Buyout Agreement and why are they offered to Tenants? A Tenant Buyout Agreement, often called “Cash for Keys” is a voluntary contract between a landlord and tenant in which the tenant agrees to vacate a rental unit in exchange for money or other compensation.

Why Landlords offer buyouts:

1. To avoid eviction proceedings and restrictions related to performing “no fault” evictions
o “No Fault” Evictions (e.g., Owner Move-In, Ellis Act withdrawal, or a government order to vacate) can be time-consuming, costly, legally challenging and result in restrictions related to rent levels and re-renting when the rental unit comes back on the market in the future. o A buyout offers a quicker, less adversarial path to vacancy.

2. To prepare property for redevelopment or sale
o Vacant units are often easier to sell or redevelop. Buyers typically pay more for a building without current tenants, especially if there are rent and eviction protections.

3. To increase rental income
o In rent-controlled jurisdictions (i.e., Richmond), landlords cannot raise rent significantly while a protected tenant remains.
o If a protected tenant living in a controlled rental unit accepts a buyout and vacates the unit, the landlord may reset the rent to market rate (subject to state laws like Costa-Hawkins).

4. To manage problematic situations
o Sometimes landlords view buyouts as a way to resolve conflicts or remove tenants they believe are difficult, without engaging in lengthy legal disputes.

Why buyouts can be problematic:
 Tenants may feel pressured, misled, or not fully informed of their rights (e.g., that they do not have to accept a buyout, they have eviction protections under the Fair Rent/Just Cause Ordinance, or that staying provides long-term rent stability).  Vulnerable tenants (e.g., seniors, immigrants, low-income households) may accept less compensation than they are entitled to, leading to displacement and loss of more affordable housing.
 Without regulation, buyouts can undermine rent control and just-cause eviction protections.

Many cities including San Francisco, Oakland, Berkeley, San Jose, and Los Angeles, have adopted tenant buyout agreement ordinances, requiring written disclosures, 3433

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November 4, 2025
rescission periods, language access, and the filing of agreements with the city or Rent Program for oversight.

SUMMARY OF POLICY RATIONALE FOR REGULATION OF TENANT BUYOUT

AGREEMENTS
The City Council should consider the following policy rationale for regulating Tenant Buyout Agreements in Richmond in considering the adoption of a Tenant Buyout Agreement Ordinance:
 Preventing Coercion & Harassment: Unregulated buyouts can enable landlords to pressure tenants, especially those in Rent-Controlled Units into surrendering rights via intimidation or misinformation.  Ensuring Informed Consent: Tenants may not understand their protections or the long-term value of remaining in rent-controlled housing. Mandatory disclosures ensure awareness of rights and alternatives.  Protecting Affordable Housing Supply: Buyouts may displace protected tenants, replacing them with higher-rent occupants, decreasing the affordable housing stock over time.
 Aligning with Regional Best Practices: Many Bay Area cities have already adopted such policies to ensure transparency and accountability.

CASE STUDY ANALYSIS SUMMARY
Rent Program staff reviewed and assessed tenant buyout agreement regulations in the cities of Berkeley, Santa Monica, Los Angeles, Oakland, San Francisco, and San José.

Below are the key findings
Common elements across jurisdictions:

1. Required written disclosure (on tenant rights associated with buyouts) on a standardized form before offering buyouts, covering rights to reject, right to seek counsel, and rescind within a specified period. Forms may also disclose relocation amounts.

2. Rescission periods ranged from 25 to 45 days after signing.

3. Requirement to file executed buyout agreements with the City within 30 to 60 days.

4. Enforcement mechanisms or penalties for non-compliance.

Unique provisions in select jurisdictions:
 Los Angeles: Agreements must be in tenant’s primary language.  Oakland: Agreements must exceed relocation payment amounts; language accommodations for tenants (Spanish/Chinese).
 San Francisco: Requires pre-offer filing of forms with specific tenant/unit data, maintains a searchable (redacted) database, and annual reporting to the Board of Supervisors.
3434

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November 4, 2025
These provisions informed the design of Option 3, which is the Richmond Rent Board’s recommended oversight level for the ordinance.

SUMMARY OF POLICY OPTIONS
Option Oversight
Level Key Features
Option 1 –
Low Oversight Minimal

1.The Landlord must give a Notice of Buyout Rights to
the tenant before the buyout negotiation begins.

2. A copy of the Notice of Buyout Rights given to the
Tenant must be maintained by the Landlord for five
years (and is not required to be filed with the Rent
Program).

3. The Tenant has 25 days to rescind an executed
Buyout Agreement.

4. This policy option has no minimum payout
requirement for a Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout
Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements.

7. This option does not include penalties for landlords that fail to conform with the Buyout Agreement
Ordinance.

Option 2 –
Moderate
Oversight
Moderate

1.Prior to engaging in Buyout negotiations, the landlord must give a Notice of Buyout Rights to the tenant.

2. If the parties execute a Buyout Agreement, the
landlord must file a copy of the Notice of Buyout Rights with the Rent Program.

3. The tenant has 30 days to rescind an executed
Buyout Agreement.

4. All Buyout Agreements must offer what the tenant
would have received as a Permanent Relocation
Payment due to termination of tenancy for Owner Move
In, for a two-plus bedroom unit as a Qualified Tenant
Household (currently $21,009.41).

5. The landlord must file a copy of an executed Buyout
Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements and Notice of Buyout Rights.

7. The tenant has the right to bring a civil action against the landlord for actual damages and statutory damages
not to exceed $500 dollars per violation.

Option 3 –
High
Oversight
High 1. Prior to engaging in Buyout negotiations, the landlord must give a Notice of Buyout Rights to the tenant.
3435

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November 4, 2025
Option Oversight
Level Key Features
(Rent Board
approved)

2. The landlord must file a copy of the Notice of Buyout Rights with the Rent Program prior to engaging in
Buyout negotiations.

3. The tenant has 45 days to rescind an executed
Buyout Agreement.

4. All Buyout Agreements must offer what the tenant
would have received as a Permanent Relocation
Payment due to termination of tenancy for Withdrawal
from the Rental Market, for a two-plus bedroom unit as a Qualified Tenant Household (currently $21,009.41).

5. The landlord must file a copy of an executed Buyout
Agreement with the Rent Program within 60 days.

6. The Rent Program will (a) maintain a copy of all
submitted Buyout Agreements and copies of Notice of
Buyout Rights; (b) contact the tenant identified on a
submitted copy of a Notice of Buyout Rights; and (c)
maintain a database that may be public, showing data
on the compensation amount and neighborhood of
Buyout Agreements (consistent with State law).

7. The tenant has the right to bring a civil action against the landlord for actual damages and statutory damages
not to exceed $ 1,000 dollars per violation.

The main differences between the three options lie in the level of tenant protections, landlord obligations, and Rent Program/City involvement. Option 1 establishes the least oversight, requiring only that landlords provide tenants with a notice of rights and file the executed agreement with the Rent Program within 60 days, with no minimum payout amount, shorter rescission period, and no enforcement penalties. Option 2 introduces moderate protections by extending the rescission period, requiring minimum payments for larger units, mandating post-execution filing, and granting tenants the right to sue for modest damages. Option 3 represents the highest level of oversight, with stricter procedural requirements such as filing notices before negotiations, a longer rescission period, minimum payouts equal to or greater than permanent relocation payments for Withdraw from the Rental Market for a 2 bedroom plus Rental Unit, stronger enforcement through higher statutory damages, and a more active Rent Program role in monitoring and potentially publishing buyout agreement data.

UNREGULATED BUYOUTS CAN LEAD TO CIRCUMVENTION OF THE FAIR RENT

JUST CAUSE FOR EVICTION AND HOMEOWNER PROTECTION ORDINANCE (HEREAFTER “RICHMONDRENT ORDINANCE”) AND RICHMOND RELOCATION

ORDINANCE
3436

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November 4, 2025
Unregulated tenant buyouts can function as a loophole that allows Landlords to circumvent the protections built into the Richmond Rent Ordinance. When a landlord offers a tenant a buyout without oversight, the landlord can secure vacant possession of a unit without having to comply with the strict procedural requirements and compensation obligations tied to Owner Move-In (OMI) evictions or Withdrawal from the Rental Market (Ellis Act). In doing so, the landlord gains a Rental Unit they can re-rent at a much higher market rent or sell at a higher value because it is vacant, while avoiding the higher relocation payments, advance notice periods, and Rent Program oversight that those no-fault eviction processes require. For the tenant, accepting an unregulated buyout offer often means receiving less compensation than they would otherwise be entitled to under the Relocation Ordinance, losing time to consider the decision or seek advice, and forfeiting legal protections designed to prevent displacement (e.g., senior and disabled tenants may be protected from no-fault evictions if they have lived in the rental unit for more than 5 years). They may also unknowingly give up their right to challenge an eviction or remain housed until the landlord complies with legal requirements. Tenants who are not fully informed of their rights under the Richmond Rent Ordinance, may accept a buyout offer rather than opting to let the landlord use a “no-fault” Just Cause for Eviction such as an Owner Move-In or Withdrawal from the rental market to gain possession of the rental unit which in most cases would give the tenant the right to return to the unit at the same rent they were paying before vacating. In effect, unregulated buyouts shift power toward landlords by allowing them to sidestep obligations, while tenants often under financial or informational pressure end up with less protection, less compensation, and fewer housing options than the law provides.

RENT BOARD RECOMMENDS OPTION 3 TO PROVIDE GREATEST PROTECTION

AGAINST CIRCUMVENTION OF THE RICHMOND RENT ORDINANCE AND

RICHMOND RELOCATION ORDINANCE
The Richmond Rent Board recommends Option 3 because its stricter procedural requirements provide the greatest protection against circumvention of the Richmond Rent Ordinance and Richmond Relocation Ordinance. For example, requiring filing of notices before negotiations ensure tenants are informed of their rights at the very outset, preventing Landlords from starting discussions without transparency. A longer rescission period gives tenants more time to fully consider the implications of a buyout and seek legal or housing counseling advice, reducing the likelihood of hasty decisions made under pressure. Option 3 ensures that tenants are compensated at a level consistent with the most disruptive displacement scenarios, deterring Landlords from using buyouts as a cheaper workaround by providing minimum payouts to the permanent relocation assistance required for withdrawal from the rental market.

Stronger enforcement mechanisms such as higher statutory damages create real financial consequences for violations and incentivizing compliance. Finally, a more active role for the Rent Program in monitoring, recordkeeping, and periodically publishing tenant buyout data, increases accountability, discourages abusive practices, and helps identify patterns of displacement that could otherwise go unnoticed. Together, 3437

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November 4, 2025
these elements can help ensure that buyout agreements cannot be used as a backdoor to avoid the protections established by Richmond’s Rent and Relocation ordinances.

COOPERATION AGREEMENT BETWEEN RENT PROGRAM AND CITY OF

RICHMOND
Per the Cooperation Agreement executed between the City of Richmond and the Richmond Rent Program, the Rent Program agrees to administer certain City ordinances, including a Tenant Buyout Ordinance, in lieu of paying cost pool charges for services provided by the City of Richmond’s central service departments. The Richmond Rent Program currently administers the City Council adopted Relocation Ordinance on behalf of the City of Richmond. The Rent Program has sought and received feedback from the Community Development department in putting this report together. If the Council approves a tenant buyout policy, the new policy/law will be drafted collaboratively and implemented by the Rent Program.

HOW WOULD THE RENT PROGRAM ADMINISTER A TENANT BUYOUT
ORDINANCE?
In consideration of the Cooperation Agreement with the City of Richmond, which tasks the Rent Program with developing and administering certain City ordinances, the Rent Program’s fiscal year 2025-26 budget includes staffing resources necessary to develop and administer a Tenant Buyout Ordinance. Assigned Rent Program staff would engage in the following activities to enforce the new law:

1. Develop Mandatory Disclosure forms (Notice of Buyout Rights) and informational outreach materials (Buyout Rights and Responsibilities educational materials).

2. Conduct educational workshops/webinars. Develop and provide microworkshops (informational videos) on rights/responsibilities under a Tenant buyout ordinance.

3. Provide housing counseling for Landlords/Landlord agents and Tenants on rights and responsibilities under a Tenant buyout ordinance.

4. The Rent Program would be responsible for maintaining the buyout agreements as public records, keeping all personally identifying information confidential.

Periodically, the Rent Program would publish buyout trends by neighborhood.

5. The Rent Program would present annual tenant buyout data to the Rent Board and City Council as part of the Rent Program’s Annual Report.

RENT BOARD RECOMMENDATION
The policy options presented in this report were presented to the Rent Board on July 16, 2025, in public session and previously to the Rent Board in December of 2018. The 5- member Rent Board in both cases, unanimously approved policy Option 3: High Level of Oversight. Option 3: High Level of Oversight aligns with goals and purpose of Richmond’s Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance as it helps 3438

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November 4, 2025
prevent circumvention of the Richmond Rent Ordinance and Richmond Relocation Ordinance.

NEXT STEPS
If the City Council approves moving forward with a Tenant Buyout Ordinance and provides direction on the oversight option, staff members from the City of Richmond and Richmond Rent Program will develop a work plan that shall include the following:
(1) Collaboration between the City Attorney’s Office and the Rent Program’s Legal Unit to draft a proposed Tenant Buyout Ordinance.
(2) Collaboration between the City’s Community Development Department and Rent Program staff members to conduct community engagement, which shall include outreach to renters, landlords, tenant advocacy groups, property managers, etc. A minimum of three community meetings will be held, with childcare and Spanish translation, to gather input on the draft ordinance. One meeting shall take place in the afternoon, and two meetings shall take place in the evenings; all meetings shall include Zoom/in-person options.
(3) Collaboration with Community Development, Internal Services Departments, City Manager’s Office, and the Rent Program to plan the implementation and ongoing administration of the proposed ordinance. A Tenant Buyout Ordinance would be a City of Richmond ordinance administered by the Richmond Rent Program. Collaboration between the Rent Program and the City of Richmond is essential to ensure proper development and implementation.

ATTACHMENTS
Attachment 1: Rent Board Agenda Packet, December 19, 2018 - Policy Options & Matrix
Attachment 2: Rent Board Agenda Packet, July 16, 2025 - Policy Options & Matrix Attachment 3: Case Study Matrix & Key Criteria (from December 19, 2018 presentation) Attachment 4: Cooperation Agreement (June 2025)
Attachment 5: PowerPoint Presentation (DRAFT)
3439
440 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 234-RENT (7368) Fax: (510) 307-8149 www.richmondrent.org

CITY OF RICHMOND RENT PROGRAM
DATE: December 19, 2018
TO: Chair Gray and Members of the Rent Board
FROM: Nicolas Traylor, Executive Director
Paige Roosa, Deputy Director
Magaly Chavez, Rent Program Services Analyst
SUBJECT: TENANT BUYOUT AGREEMENT POLICY
STATEMENT OF THE ISSUE:

On September 19, 2018, the Rent Board received a presentation and case study matrix regarding Tenant Buyout Agreements. Subsequently, the Rent Board directed staff to present three policy options, varying in degrees of oversight, at the next Board meeting.

Staff members have prepared policy options for the Board’s consideration and are seeking further direction.

RECOMMENDED ACTION:

RECEIVE Tenant Buyout Agreement Policy Options and DIRECT staff to (1) present the Rent Board’s selected policy option during a study session at a meeting of the City of Richmond City Council and (2) work with City staff to develop a Buyout Agreement Ordinance – Rent Program (Nicolas Traylor/Paige Roosa 620-6564). This item was continued from the November 14, 2018, meeting.

FISCAL IMPACT:

While there is no fiscal impact related to this item at this time, the adoption of a Buyout Agreement Policy is anticipated to require additional staff time, depending on the selected policy’s administrative requirements.

DISCUSSION:

Background
On September 19, 2018, the Rent Board received a presentation and case study matrix regarding Tenant Buyout Agreements. Subsequently, the Rent Board directed staff to present three policy options, varying in degrees of oversight, at the next Board meeting.

Staff members have prepared policy options for the Board’s consideration and are seeking further direction.

AGENDA REPORT
3440
ITEM I-2

Page 2 of 5 ends

December 19, 2018
Purpose of Buyout Agreement Policies
Buyout Agreements, also known as “Cash for Keys” Agreements, may be offered by a Landlord to a Tenant to encourage the Tenant to voluntarily vacate the Rental Unit in lieu of the Landlord terminating the tenancy for Just Cause. While a seemingly large sum of money may be enticing to a Tenant, even Buyout Agreements worth tens of thousands of dollars can be recouped by a Landlord retaining ownership and re-renting the unit at market rate or selling the unit vacant. Unlike no-fault evictions, Buyout Agreements in Richmond are currently unregulated, and can enable Landlords to circumvent many of the restrictions that apply when a Landlord executes a no-fault eviction. Furthermore, given the potential for profit, anecdotal evidence from other Bay Area cities suggest that Landlords may employ high-pressure tactics and intimidation to induce Tenants to sign the agreements, including threatening the Tenant with eviction if they do not accept the terms of the Buyout Agreement.

A Buyout Agreement policy could establish certain requirements of Buyout Agreements, such as the requirement to provide specific disclosures to Tenants prior to offering a Buyout, establish minimum monetary amounts that may be offered in exchange for the Tenant’s voluntary vacancy, and may require Landlords to file Buyout Agreements with the Rent Board for monitoring and data collection purposes.

Rent Board Direction
At their meeting on September 19, 2018, the Rent Board directed Rent Program staff to develop policy options that provide a varying degree of regulatory oversight of Buyout interactions, ranging from low-level oversight to high-level oversight.

Based on the direction of the Rent Board, Rent Program staff used the previously presented Case Study Matrix, contained in Attachment 2, and conducted additional research to further narrow down eleven integral factors that determine the degree of regulation for the presented policy options. The presented policy options are derived from the Criteria Matrix of Attachment 1 and 2. Of the eleven identified key factors, Rent Program staff identified four components that should be incorporated into any policy aimed at regulating Buyout Agreements. These components are as follows:

• The Buyout Agreement must be written in the Tenant’s primary language • The Buyout Agreement policy will cover all properties under “Just Cause” • The Buyout Agreement policy must contain Anti-Harassment language • The Tenant will have the right to rescind at any moment, without penalty, if the Buyout Agreement does not comply with the requirements of the regulation.

The remaining seven components are more discretionary and impact the degree of regulation. Those individual components selected by the Rent Board to include in a proposed Buyout Agreement Policy will dictate the level of oversight. 3441
ITEM I-2

Page 3 of 5 ends

December 19, 2018
At this meeting, staff members are seeking specific direction from the Board on the following seven policy questions:

1. Should the Landlord be required to give a Notice of Buyout Rights to the Tenant?

2. Should the Landlord be required to submit a copy of Notice of Buyout Rights to the Rent Board?

3. How many days should the Tenant be given to rescind once the Buyout Agreement is executed?

4. Should there be a minimum payout for a Buyout Agreement?

5. Should the Landlord be required to submit a Buyout Agreement with the Rent Board and if so when?

6. What is the degree of Administrative Enforcement and Duties the Rent Board wishes to adopt?

7. Should there be penalties for violating the Buyout Agreement Policy? For the Rent Board’s consideration, staff members have compiled three policy options based on the aforementioned 11 integral components. These policy options range in degree from low-level oversight to high-level oversight. Please note, these policy options are not static; the Rent Board may mix-and-match different components to create its own policy that is tailored to the needs of Richmond residents.

Staff Members’ Presented Policy Options
Below are the policy options for the Rent Board’s consideration:

Option 1: Low Level of Oversight
The main components of Option 1 are as follows:

1. The Landlord must give a Notice of Buyout Rights to the Tenant before the Buyout negotiation begins.

2. A copy of the Notice of Buyout Rights given to the Tenant must be maintained by the Landlord for five years (and is not required to be filed with the Rent Program).

3. The Tenant has 25 days to rescind an executed Buyout Agreement.

4. This policy option has no minimum payout requirement for a Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements.

7. This option does not include penalties for Landlords that fail to conform with the Buyout Agreement Ordinance.
3442
ITEM I-2

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December 19, 2018
Option 2: Moderate Level of Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. If the parties execute a Buyout Agreement, the Landlord must file a copy of the Notice of Buyout Rights with the Rent Program.

3. The Tenant has 30 days to rescind an executed Buyout Agreement.

4. All Buyout Agreements must offer what the Tenant would have received as a Permanent Relocation Payment due to termination of tenancy for Owner Move In, for a two plus bedroom unit as a Qualified Tenant Household.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements and Notice of Buyout Rights.

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $500 dollars per violation.

Option 3: High Level of Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. The Landlord must file a copy of the Notice of Buyout Rights with the Rent Program prior to engaging in Buyout negotiations.

3. The Tenant has 45 days to rescind an executed Buyout Agreement.

4. All Buyout Agreements must offer what the Tenant would have received as a Permanent Relocation Payment due to termination of tenancy for Withdrawal from the Rental Market, for a two plus bedroom unit as a Qualified Tenant Household.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will (a) maintain a copy of all submitted Buyout Agreements and copies of Notice of Buyout Rights; (b) contact the Tenant identified on a submitted copy of a Notice of Buyout Rights; and (c) maintain a database that may be public, showing data on the compensation amount and neighborhood of Buyout Agreements (consistent with State law).

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $ 1,000 dollars per violation. 3443
ITEM I-2

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December 19, 2018
Anticipated Timeline and Next Steps:
(1) Staff will present the Rent Board’s selected policy option during a study session at a meeting of the Richmond City Council in early 2019.
(2) Following the study session, it is anticipated Rent Program staff will work with City staff to develop a Buyout Agreement Ordinance.
(3) Staff will present the Buyout Agreement Ordinance to the City Council for potential adoption.

DOCUMENTS ATTACHED:

Attachment 1 – Tenant Buyout Agreement Case Study Research and Criteria

Attachment 2 - Tenant Buyout Agreement Case Study Matrix 3444
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3445
Tenant “Buyout Agreement” Case Study Research And Criteria:

City of Richmond Rent Program

Page 1 of 1 ends

ITEM I-2
ATTACHMENT 1

Jurisdiction Type of Law
Criteria 1: Is there a
requirement for the
Landlord to give a
Notice of Buyout
Rights to the Tenant?
Criteria 2: Is there a
requirement for the
Landlord to submit a
copy of Notice of
Buyout Rights to the
Rent Board?
Criteria 3: How many days
does the Tenant have to
rescind once the Buyout
Agreement is executed?
Criteria 4: Is there a
minimum payout for
a Buyout
Agreement?
Criteria 5: Is there a
requirement for the
Landlord to submit a
Buyout Agreement
with the Rent Board?
Criteria 6: Degree of Administrative Enforcement and
Duties

BERKELEY
Ordinance adopted by
the City Council
(Municipal Code
Section 13.79.050)
Yes, prior to making a
Buyout offer
No, but the Landlord must
keep a personal copy for
5 years
30 days No minimum payout
Yes, the Landlord must
submit the Agreement
between the 31st to the
60th day the Buyout
Agreement was executed

1. The Rent Board retains a copy of all executed Buyout Agreements, maintained by legal staff in a file separate from any other file

2. Information about the amount of Buyout Agreements and neighborhood is made publicly available. The Board collects data from the filed Buyout Agreements, which includes the compensation paid and the neighborhood of the affected unit-- and shall make that data public
SANTA
MONICA
Ordinance Adopted by
the Santa Monica City
Council (Municipal Code
Section 4.56.050(b))
and Rent Board
Regulation 9011
Yes, prior to making a
Buyout offer
No, but the Landlord
must keep a personal
copy for 5 years
45 days No minimum payout
Yes, the Landlord must
submit the Agreement
between the 31st to the
60th day the Buyout
Agreement was executed

1. The Rent Board retains a copy of all executed Buyout Agreements, maintained by legal staff in a file separate from any other file

LOS ANGELES
Ordinance adopted by
the Los Angeles City
Council (Municipal Code
Section 151.31)
Yes, prior to making a
Buyout offer
Yes, the Landlord must
submit a copy within 60
days of the Buyout
Agreement being
executed
30 days No minimum payout
Yes, the Landlord must
submit the Agreement
within 60 days of the
Buyout Agreement being
executed

1. A copy of the Buyout Agreement and copy of Notice of Buyout Rights is retained by housing and Community Investment
Department

OAKLAND
Ordinance adopted by
the Oakland City
Council (Municipal Code
Section 8.22.700)
Yes, prior to making a
Buyout offer
No, but the Landlord must
keep a personal copy for
5 years and the Landlord
is required to submit
specific information to the
Rent Adjustment Program
prior to entering into a
Buyout negotiation
25 days, unless both parties
agree to no less than 15 days
No less than equal to
local, state, or federal
law
Yes, the Landlord must
submit the Agreement
between the 25th to the
45th day the Buyout
Agreement was executed

1. A copy of the Buyout Agreement and copy of Notice of Buyout Rights is retained

2. City may make information collected from the Landlord publicly accessible
SAN

FRANCISCO
Ordinance adopted by
the Board of
Supervisors (Section

37.9E of the
Administrative Code)
Yes, prior to making a
Buyout offer
Yes, the Landlord must
submit a copy prior to
entering into Buyout
negotiations
45 days No minimum payout
Yes, the Landlord must
submit the Agreement
between the 46th day
and 59th day the Buyout
Agreement was executed

1. A copy of the Buyout Agreement and a copy of Notice of Buyout Rights is retained

2. The Rent Board must maintain a public searchable database of all Buyout Agreements

3. The Rent Board must report annually to the Board of
Supervisors on the implementation of the Ordinance.

SAN JOSÉ
Ordinance adopted by
the San José City
Council (Part 7 of
Chapter 17.23 of the
Municipal Code) and
Chapter 14 of the
Regulations adopted by
the City Council.

Yes, prior to making a
Buyout offer.

Yes, the Landlord must
submit a copy within 30
days of the Buyout
Agreement being
executed
45 days No minimum payout
Yes, the Landlord must
submit the Agreement
within 30 days of the
Buyout Agreement being
executed

1. A copy of the Buyout Agreement and a copy of Notice of Buyout Rights is retained
3446
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3447
Draft Tenant “Buyout Agreement”1 Case Study Research
Actively Enforced Rent Programs:

City of Richmond Rent Program

Page 1 of 5 ends

ITEM I-2
ATTACHMENT 2

Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)

BERKELEY
Ordinance adopted
by the City Council
(Municipal Code
Section 13.79.050)
All units covered by
the Good Cause for
Eviction provisions in
the Berkeley Municipal
Code, including units
that are exempt from
rent control pursuant
to State law
 Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
 Tenant’s rights required in disclosure include: the right not to enter into a buyout agreement, the right to consult an attorney before signing the agreement, the right to rescind the agreement at any time up to 30 days after signing the agreement, and the right to consult the Rent Stabilization Board regarding the agreement.  The Landlord must file any completed, signed, buyout agreements with the Rent Stabilization Board no sooner than the 31st day after the agreement is signed and no later than 60 days thereafter.  The Landlord must provide a Tenant with a signed copy of the buyout agreement (if executed).  Any person aggrieved by the landlord’s failure to comply with the Ordinance may bring a civil action against the landlord of the residential rental property for all appropriate relief including damages and costs which she or he may have incurred as a result of the landlord’s failure to comply with the Ordinance. In any action to recover damages resulting from a violation of this Chapter, the prevailing plaintiff(s) shall be entitled to reasonable attorneys’ fees in addition to other costs, and in addition to any liability for damages imposed by law.

MODERATE.

The Rent Board retains a copy of all
executed buyout agreements.

The Rent Board’s legal staff maintains
all filed buyout agreements in a file
separate from any other file. All
personally-identifying information is
maintained as confidential.

Information about the amount of
buyout agreements and neighborhood
is made publicly available.

The Board collects data from filed
agreements, including the amount of
compensation and neighborhood of
the rental unit, and makes that data
public.

SANTA
MONICA
Ordinance Adopted
by the Santa Monica
City Council
(Municipal Code
Section 4.56.050(b))
and Rent Board
Regulation 9011
All units covered by
the Rent Control Law
in the City Charter,
including units that
are exempt from rent
control pursuant to
State law
 A Landlord must inform a Tenant of certain rights before offering any form of compensation in exchange for a Tenant’s agreement to vacate a rental unit.
 Disclosure of rights must be in writing on a form approved by the Rent Board Administrator.  Tenant’s rights required in disclosure include: the right to refuse the agreement and not be retaliated against for doing so, the right to consult a lawyer, and a 30-day right to rescind acceptance of a buyout offer at any time during the 30 days after the Tenant’s acceptance.
 The form must also include the amount of relocation fees required by the City’s relocation ordinance, and any other information deemed necessary by the Administrator to effectuate the purpose of Municipal Code Section 4.56.050(b).  The Landlord must file any completed, signed, buyout agreements with the Rent Board no sooner than the 31st day after the agreement is signed and no later than 60 days thereafter.  Tenants shall be provided with a signed copy of the buyout agreement (if executed).  Remedies for violations of the Ordinance include criminal penalties, the right to bring a civil action, as well as additional penalties and monetary awards. Any person who violates or aids or incites another person to violate the Ordinance is liable for each offense for the actual damages suffered by any aggrieved party or for statutory damages in the sum of between one thousand dollars and ten thousand dollars, whichever is greater, and shall be liable for such attorneys’ fees and costs as may be determined by the court in addition thereto. Any violator shall be liable for an additional civil penalty of up to five thousand dollars for each offense committed against a person who is disabled or aged sixty-five or over. The court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.

MODERATE.

The Rent Board retains a copy of all
executed buyout agreements.

The Rent Board’s legal staff maintains
all filed buyout agreements in a file
separate from any other file. All
personally-identifying information is
maintained as confidential.

Information about the amount of
buyout agreements and neighborhood
is made publicly available.

The Board collects data from filed
agreements, including the amount of
compensation and neighborhood of
the rental unit, and makes that data
public.
3448
Draft Tenant “Buyout Agreement”1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 2
ITEM I-1
ATTACHMENT 2
Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)

LOS ANGELES
Ordinance adopted
by the Los Angeles
City Council
(Municipal Code
Section 151.31)
All units covered by
the Rent Stabilization
Ordinance, including
units that are exempt
from rent control
pursuant to State law
 Buyout agreements must be written in the primary language of the Tenant  Landlords must provide specific disclosures to the Tenant about their rights on a City form prior to negotiating a buyout agreement.
 Tenant’s rights required in disclosure include: the right to cancel the agreement within 30 days of all parties having signed the agreement, without any obligation or penalty. The required form also includes disclosures regarding the Tenant’s right to reject the offer, the right to consult an attorney or the City, the amount of the City’s relocation payment for no-fault evictions, and the right to rescind the agreement at any time if the buyout agreement does not comply with the requirements set forth in the Municipal Code.
 The Landlord must file a copy of the signed and dated Rent Stabilization Ordinance Disclosure Notice and buyout agreement within 60 days of both parties having signed the agreement.  Tenants shall be provided with a signed copy of the buyout agreement (if executed).  Remedies for violations include: Tenant may assert violations as an affirmative defense to an unlawful detainer action; Tenant may also bring a private right of action against a Landlord who violates the Ordinance and recover damages and a penalty of $500.

LOW.

Copies of executed buyout agreements
are retained.

The Housing and Community
Investment Department must retain a
copy of signed agreements.

OAKLAND
Ordinance adopted
by the Oakland City
Council (Municipal
Code Section

8.22.700)
All units covered by
the Residential Rental
Adjustments and
Evictions and Just
Cause for Eviction
Ordinances, except
rental units owned or
operated by a public
entity
 If the Tenant is proficient in Spanish or Chinese and is not proficient in English, the owner shall make a copy of the agreement available in their language of proficiency.
 Prior to commencing buyout negotiations, Landlords must provide information to the Rent Adjustment Program, on a form prescribed by the Rent Adjustment Program and signed by the owner under penalty of perjury. The form shall include information such as the address of the property where the Landlord intends to offer a buyout agreement and a list of all dates on which the owner initiated other buyout agreements with any current or prior tenants at the property and the rental units occupied by each Tenant.
 Prior to commencing negotiations, Landlords must provide specific disclosures to the Tenant about their rights on a City form prior to negotiating a buyout agreement. The Landlord and Tenant must sign the disclosure form, and a signed copy of the disclosure form must be provided to the Tenant within 3 days of execution.  Tenant’s rights required in disclosure include: the right to refuse to accept the buyout agreement, a statement that the Landlord may not retaliate against the Tenant for refusing to enter into a buyout agreement, the Tenant’s right to consult an attorney before entering into an agreement, a statement that offering payments to a Tenant to vacate more than once in 6 months after the Tenant has notified the Landlord in writing that the Tenant refuses to enter into the buyout agreement shall be considered tenant harassment under the Tenant Protection Ordinance, and a statement that the Tenant may rescind the agreement within 25 days of it having been signed by all parties, unless the parties agree in writing to a short rescission period of not less than 15 days.  Disclosure form required by City must also include the amount of relocation payment for no-fault evictions; a statement that assistance may be obtained by contacting the Rent Adjustment Program; a description of when Tenants have a right to return to their Rental Unit under state or local law; a statement that market rate rents in the area may be significantly higher than the Tenant’s current rent, and therefore the Tenant may wish to check rents for comparable Rental Units before accepting the agreement; a statement that payment pursuant to the buyout agreement may be subject to taxation and that the Tenant should consult the appropriate authorities for more (CONTINUED)

LOW.

Copies of executed buyout agreements
and retained and the City may make
information publicly accessible.

The city may make the information
included on the disclosure form
publically available, except that the city
may redact information from the forms,
including personal information, to the
extent such redaction is consistent
with Oakland, state, or federal laws or
policy addressing disclosure of
documents or information within the
city's possession or control. The city
does not warrant that information any
party to the move out negotiation or
agreement believes to be private will
not be released.
3449
Draft Tenant “Buyout Agreement”1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 3
ITEM I-1
ATTACHMENT 2
information; a statement that buyout agreements that are submitted to the City may be considered public, but that the City will redact sensitive information consistent with City, state, and federal policies. The form must also include the names of all people authorized to conduct buyout agreements on the owner’s behalf, and any other information required by the Rent Adjustment Program consist with the purpose of the Ordinance.  The Landlord must file a copy of the signed and dated Rent Stabilization Ordinance Disclosure Notice and buyout agreement no sooner than the 25th day and no later than the 45th day of both parties having signed the agreement.  The buyout agreement must also contain specific language regarding the Tenant’s rights; next to each statement, there must be a line for the Tenant to initial.
 Tenants shall be provided with a signed copy of the buyout agreement (if executed) immediately after execution.  The Ordinance also states that buyout agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. Move out agreements for less than the amount to which the tenant is entitled in relocation payments constitute a violation of the Ordinance and can be regarded by the tenant as a noncompliant buyout agreement.
 Remedies include administrative (e.g. the issuance of administrative citations) and civil remedies. Per the Ordinance, the greater of actual damages or minimum damages of five hundred dollars ($500.00) per violation shall be awarded for an owner's failure to comply with the obligations established under this Article. The greater of treble actual damages or minimum damages of one thousand dollars ($1,000.00) per violation shall be awarded for an owner's willful failure to comply with the obligations established under the Ordinance), and triple the actual damages suffered by the aggrieved Tenants for an owner’s failure to comply with the requirements of the Ordinance when the Tenant of the affected Rental Unit is elderly, disabled, or catastrophically ill.
3450
Draft Tenant “Buyout Agreement”1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 4
ITEM I-1
ATTACHMENT 2
Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)
SAN

FRANCISCO
Ordinance adopted
by the Board of
Supervisors (Section

37.9E of the
Administrative Code)
All units covered by
the Residential Rent
Stabilization and
Arbitration Ordinance,
including units that
are exempt from rent
control pursuant to
State law.
 Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
 Tenant’s rights required in disclosure include: the right not to enter into a buyout agreement, the right to consult an attorney before signing the agreement, the right to rescind the agreement at any time up to 45 days after signing the agreement, a statement that the Tenant may visit the Rent Board for information about other buyout agreements in the Tenant’s neighborhood, a list of Tenant Right’s Organizations and their contact information, a statement that information about tenant’s rights is available at the Rent Board’s office, through its counseling number, and on its website, a statement explaining the legal implications under Section 1396(e)(4) of the Subdivision Code for a Landlord who enters into one or more buyout agreements. If the Landlord is an entity, the disclosure form must also include the names of all people within that entity who will be conducting the buyout negotiations and the names of all people within that entity who will have decision-making authority over the terms of the buyout agreement, and any other information reasonably requested by the Rent Board consistent with the purpose of the Ordinance.  The Landlord must retain a copy of the signed disclosure form for five years, along with a record of the date the Landlord provided the disclosure form to each Tenant.
 Prior to making a buyout offer, the Landlord must also provide information to the Rent Board, on a form developed by the Board, including information such as the Landlord’s contact information, the name of each Tenant with whom the Landlord intends to offer a buyout agreement, the address of each rental unit that may be the subject of buyout negotiations.
 Buyout agreements must be made in writing and include specific statements regarding the Tenant’s rights to cancel the buyout agreement for up to 45 days after all parties have signed, with information about how to cancel the agreement, and the right to reject the offer. The buyout agreement must also include information about the City’s condominium conversion ordinance and the requirements specific to senior, disabled, or catastrophically ill Tenants. Next to each statement required by the Ordinance to be included in the buyout agreement, there must be space provided for the Tenant to initial.
 Buyout agreements that do not meet the requirements of the Ordinance and where the Tenant has not initialed next to each required statement shall be considered ineffective and may be rescinded by the Tenant at any time.  The Landlord must file a copy of the buyout agreement with the Rent Board no sooner than the 46th day after the buyout agreement has been signed by all parties and no later than the 59th day after it has been executed by all parties.  Remedies include the right to bring a civil action against the Landlord for failure to comply with the requirements of the buyout agreement ordinance. The landlord shall be liable for the tenant's damages. In addition, the penalty for a violation of subsection (d) shall be up to $500. The penalty for a violation of the requirements of the contents of the buyout agreement shall be up to 50% of the tenant's damages. The court shall award reasonable attorneys' fees to any tenant who is the prevailing party in a civil action. Additionally, a Landlord who has violated the requirement to a file a copy of the buyout agreement with the Rent Board shall pay to the City an administrative penalty of up to $100 per day for each document the landlord failed to file, but in no event shall the landlord's total administrative penalty in a single civil action exceed $20,000. Any administrative penalties collected shall be deposited in the General Fund of the City and County of San Francisco. The court shall award reasonable attorney's fees and costs to the City Attorney or a nonprofit organization that is the prevailing party in a civil action. A tenant may not bring a civil action and the City Attorney or a nonprofit organization may not bring a civil action more than four years after the date of the alleged violation.

HIGH.

Landlords must file a copy of the initial
form with the Rent Board.

Information on the form that a
Landlord must provide to the Rent
Board prior to initiating a buyout
agreement must be made publicly
available, except that the Rent Board
shall redact all sensitive information
regarding the identity of the Tenants.

The Rent Board must maintain a
searchable database of all buyout
agreements.

The Rent Board is required to create a
searchable database with information
received from filings under subsection
(h). The database shall be accessible
to the public at the Rent Board's office
and shall include a copy of filed buyout
agreements. Before posting a copy of
any filed buyout agreements on its
database, the Rent Board shall redact
all information regarding the identity of
the tenants.

The Rent Board must report annually
to the Board of Supervisors on the
implementation of the Ordinance.

The Rent Board shall provide an
annual report to the Board of
Supervisors regarding the
implementation of the Ordinance. The
first report shall be completed by
January 31, 2016, and subsequent
reports shall be completed by January
31 in subsequent years. The report
shall include, but not be limited to, a
list of all units that have been the
subject of Buyout Agreements that
have been reported to the Rent Board.

The Rent Board shall post each of
these annual reports on its website.
3451
Draft Tenant “Buyout Agreement”1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 5
ITEM I-1
ATTACHMENT 2
Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)
SAN JOSÉ
Ordinance adopted
by the San José City
Council (Part 7 of
Chapter 17.23 of the
Municipal Code) and
Chapter 14 of the
Regulations adopted
by the City Council.

All units covered by
the Apartment Rent
Ordinance, including
units that are exempt
from rent control
pursuant to State law.
 Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
 Content required in disclosure form includes: a statement that the unit is subject to the Apartment Rent Ordinance and Tenant Protection Ordinance and contact information for the Rent Program, a statement that Tenants may request that the Landlord provide a copy of the proposed buyout agreement in the Tenant’s primary language and a box in which the Tenant can make that request, a statement of the Tenant’s right not to enter into the agreement, a statement explaining that the Tenant has the right to seek an attorney prior to and during negotiations for a buyout agreement and can make a counter offer to the buyout agreement, a statement that the Tenant has a right to cancel any buyout agreement within 45 days of the date of execution of the buyout agreement without penalty, a statement that exercising the right to rescind the agreement after the tenant has moved out of the unit will not entitle the Tenant to move back into the unit, and a statement that the Tenant may be entitled to relocation benefits due to certain terminations of tenancy, and that the tenant may contact the Rent Program for more information.  Buyout agreements must be made in writing and the Tenant may request that the Landlord provide the Tenant with a translated copy of the buyout agreement. The buyout agreement must contain a statement that the Tenant has the right to refuse the buyout agreement, that they may choose to speak with an attorney before signing the agreement, that they may consult the City Housing Department prior to signing the agreement, and that the Tenant may rescind the agreement within 45 days of signing the agreement without penalty, with instructions for cancelling the agreement by sending a signed and dated notice to the Landlord by U.S. mail that the Tenant is cancelling the agreement.  The Landlord must provide a copy of the executed buyout agreement to all Tenant signatories upon execution.  The Tenant has the right to rescind a buyout agreement if (1) less than 45 days have passed since the parties signed the agreement; (2) the Landlord has failed to comply with the buyout offer requirements in the Regulations; or (3) any other circumstances under State and/or Federal law that would permit the rescission of a contractual agreement.  The Landlord must file a copy of the buyout agreement with Rent Program staff within 30 days from the date the Landlord and Tenant signed the agreement.

LOW.

Copies of executed buyout agreements
are retained.

Buyout agreement shall be maintained
in a separate file and the City must
maintain the Tenant’s personal
identifying information as confidential
and in a manner consistent with State
law. Staff may collect data from the
buyout agreements, including, but not
limited to, the amount of
compensation paid.
3452
440 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 234-RENT (7368) Fax: (510) 307-8149 www.richmondrent.org

CITY OF RICHMOND RENT PROGRAM
DATE: July 16, 2025
TO: Chair Tipton and Members of the Rent Board
FROM: Nicolas Traylor, Executive Director
Fred Tran, Deputy Director
Monica Bejarano Ecret, Senior Management Analyst
SUBJECT: TENANT BUYOUT AGREEMENT POLICY
STATEMENT OF THE ISSUE:

Staff members prepared policy options for the Board’s consideration and sought further direction. At the December 18, 2018, Regular Meeting of the Rent Board, the Board received the Tenant Buyout Agreement Policy Options, and approved policy “Option 3:

High Level of Oversight”. The Board also directed staff to conduct a study session at a meeting of the Richmond City Council and work with City Staff and the City Attorney’s Office to draft a Buyout Agreement Ordinance. The COVID-19 pandemic and negotiations around the Cost Pool Cooperative Agreement delayed plans to bring the approved Tenant Buyout Policy to the City Council for possible adoption. On June 28, 2025, the City of Richmond and Richmond Rent Board/Rent Program entered into a Cooperation Agreement that tasks the Rent Program with administering a Tenant Buyout Agreement ordinance. Since it has been several years since the Rent Board adopted its Tenant Buyout Agreement Policy, the current Board may affirm or modify the previously approved Board’s policy.

RECOMMENDED ACTION:

RECEIVE the previously approved Tenant Buyout Agreement Policy. APPROVE or MODIFY the Board’s previously adopted policy of “High Level of Oversight” (Policy Option 3) and DIRECT staff to: (1) present the Rent Board’s Policy during a study session at a meeting of the City of Richmond City Council and (2) work with the City Attorney’s Office to draft a Buyout Agreement Ordinance. – Rent Program (Nicolas Traylor/Fred Tran 620-6564).

FISCAL IMPACT:

There is no fiscal impact related to this item at this time.

AGENDA REPORT
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July 16, 2025
DISCUSSION:

Background
On September 19, 2018, the Rent Board received a presentation and case study matrix regarding Tenant Buyout Agreements. The Rent Board directed staff to present three policy options, with varying degrees of oversight. Staff members prepared policy options for the Board’s consideration and sought further direction.

At the December 18, 2018, Regular Meeting of the Rent Board, the Board received the Tenant Buyout Agreement Policy Options, approved the “Option 3: High Level of Oversight” policy, and directed staff to conduct a study session at a meeting of the Richmond City Council and work with City Staff and the City Attorney’s Office to draft a Buyout Agreement Ordinance.

Purpose of Buyout Agreement Policies
Tenant Buyout Agreement policies are meant to regulate “Buyout Agreements.” A Buyout agreement occurs when a tenant agrees to voluntarily and permanently vacate their rental unit within a certain period, in exchange for a sum of money.

Cities regulate tenant buyouts agreements to protect tenants from coercion, misinformation, and loss of housing stability—especially in high-demand rental markets.

Below are the main policy reasons for introducing Tenant Buyout regulations:

Preventing Coercion and Harassment
• Issue: Some landlords may pressure or intimidate tenants into accepting buyouts, especially if the tenant has rent control or eviction protections. • Policy Rationale: Regulations help ensure that buyouts are voluntary, not the result of undue pressure or harassment.

Ensuring Informed Consent
• Issue: Tenants often don’t understand their rights, including the value of staying in a rent-controlled or protected unit.
• Policy Rationale: Ordinances typically require that tenants be informed—often in writing—of their rights before signing a buyout agreement. This helps prevent tenants from unknowingly giving up valuable protections.

Helping to Preserve Affordable Housing
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July 16, 2025
• Issue: Buyouts often lead to tenants being displaced and replaced with higherpaying renters, which reduces the availability of affordable units over time. • Policy Rationale: Regulating buyouts helps cities track and potentially limit tenant displacement and the erosion of rent-controlled housing.

Increasing Transparency and Accountability
• Issue: Unregulated buyouts are difficult to track, making it hard for cities to assess their impact or enforce tenant protections.
• Policy Rationale: Many ordinances require landlords to file copies of buyout offers or agreements with the city. This creates a public record and deters bad actors.

Preventing Rent and Eviction Controls from Being Undermined • Issue: Landlords may use buyouts to bypass lawful eviction restrictions or rent stabilization rules.
• Policy Rationale: Regulating buyouts ensures these agreements aren’t used as workarounds to weaken local tenant protections.

Most Common Regulatory Features of Tenancy Buyout Agreement Policies • Disclosure Requirements: Landlords must inform tenants of their rights in writing.
• Cooling-Off Periods: Tenants can cancel the agreement within a certain time (e.g., 30 days).
• Registration: Buyout offers and agreements must be filed with the city. • Minimum Buyout Amounts: Requires buyout amounts to be at a minimum equal to the amounts required for permanent relocation payment amount required under a relocation ordinance or law.
• Penalties: Noncompliance can result in void agreements or fines.

Review of Policy Options
At their meeting on September 19, 2018, the Rent Board directed Rent Program staff to develop policy options that provide a varying degree of regulatory oversight of Buyout interactions, ranging from low-level oversight to high-level oversight.

Based on the direction of the Rent Board, Rent Program staff used the previously presented Case Study Matrix, contained in Attachment 2, and conducted additional research to further narrow down eleven integral factors that determine the degree of regulation for the presented policy options. The policy options presented were derived from the Criteria Matrix of Attachment 1 and 2. Of the eleven identified key factors, Rent 3455
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July 16, 2025
Program staff identified four components that should be incorporated into any policy aimed at regulating Buyout Agreements. These components are as follows:
• The Buyout Agreement must be written in the Tenant’s primary language • The Buyout Agreement policy will cover all properties under “Just Cause” • The Buyout Agreement policy must contain Anti-Harassment language • The Tenant will have the right to rescind at any moment, without penalty, if the Buyout Agreement does not comply with the requirements of the regulation.

At December 18, 2018, Regular Meeting of the Rent Board, staff members sought specific direction from the Board on the following seven policy questions:

1. Should the Landlord be required to give a Notice of Buyout Rights to the Tenant?

2. Should the Landlord be required to submit a copy of Notice of Buyout Rights to the Rent Board?

3. How many days should the Tenant be given to rescind once the Buyout Agreement is executed?

4. Should there be a minimum payout for a Buyout Agreement?

5. Should the Landlord be required to submit a Buyout Agreement with the Rent Board and if so when?

6. What is the degree of Administrative Enforcement and Duties the Rent Board wishes to adopt?

7. Should there be penalties for violating the Buyout Agreement Policy? For the Rent Board’s consideration, staff members compiled three policy options based on the 11 integral components. These policy options ranged in degree from low-level oversight to high-level oversight. Although the Rent Board (in 2018) approved Option 3, the current Board may choose to revise the policy further or choose a different option.

Tenant Buyout Agreement Policy Options
Below are the policy options presented to the Board in December of 2018 and for the current Rent Board’s consideration:

Option 1: Low Level of Oversight
The main components of Option 1 are as follows:

1. The Landlord must give a Notice of Buyout Rights to the Tenant before the Buyout negotiation begins.
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July 16, 2025

2. A copy of the Notice of Buyout Rights given to the Tenant must be maintained by the Landlord for five years (and is not required to be filed with the Rent Program).

3. The Tenant has 25 days to rescind an executed Buyout Agreement.

4. This policy option has no minimum payout amount requirement for a Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements.

7. This option does not include penalties for Landlords that fail to conform with the Buyout Agreement Ordinance.

Option 2: Moderate Level of Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. If the parties execute a Buyout Agreement, the Landlord must file a copy of the Notice of Buyout Rights with the Rent Program.

3. The Tenant has 30 days to rescind an executed Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements and Notice of Buyout Rights.

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $500 dollars per violation.

Option 3: High Level of Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. The Landlord must file a copy of the Notice of Buyout Rights with the Rent Program prior to engaging in Buyout negotiations.

3. The Tenant has 45 days to rescind an executed Buyout Agreement. 3457
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July 16, 2025

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $ 1,000 dollars per violation.

Policy Options Approved by the Rent Board on December 18, 2018 After receiving a presentation on the above-mentioned policy options and debating and discussing those options, the Rent Board unanimously approved a motion to:

1. Present Tenant Buyout Policy option 3 (High Level of Oversight) at a future City Council study session, and

2. Work with City staff to draft a Tenant Buyout Agreement Ordinance that includes the following key provisions:
o Agreements must be in the tenant’s primary language.
o Policy applies to all properties covered by the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (RMC 11.100). o Agreements must contain anti-harassment language.
o Tenants may rescind agreements at any time without penalty if requirements are not met.
o Landlords must:
▪ Provide tenants with a Notice of Buyout Rights.
▪ Submit a copy of the notice to the Rent Program before negotiations.
▪ Allow 45 calendar days for tenants to rescind after execution. ▪ Provide a minimum payout based on the City’s Relocation Fee Payment Table.
▪ Submit signed agreements to the Rent Program within 20 calendar days.
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July 16, 2025
o The Rent Program will:
▪ Maintain a public database of buyouts (including compensation amounts and neighborhood, consistent with state law).
▪ Contact tenants identified in submitted notices.
▪ Review agreements for compliance and notify parties if violations are found.
o Penalties include a private right of action for tenants, with damages up to $1,000 per violation.

Anticipated Timeline and Next Steps:
(1) Staff will present the Rent Board’s selected policy option during a study session at a meeting of the Richmond City Council in September of 2025. (2) Following the study session, if directed by the City Council, the City will work with the Rent Program to draft a Buyout Agreement Ordinance.
(3) Staff will present the draft Buyout Agreement Ordinance to the City Council for potential adoption in October/November of 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Tenant Buyout Agreement Case Study Research and Criteria Attachment 2 - Tenant Buyout Agreement Policy Matrix
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3460
TENANT BUYOUT RESEARCH - 2025
Jurisitciion
Criteria 1: Is there a
requirement for the
Landlord to give a Notice
of Buyout Rights to the
tenant?
Criteria 2: Is there a
requirement for the
Landlord to submit a copy
of Notice of Buyout Rights
to the Rent Board?
Criteria 3: How many
days does the Tenant have
to rescind once the Buyout
agreement is executed?
Criteria 4: Is there a
minimum payout for a
Buyout Agreement?
Criteria 5: Is there a
requirement for the
Landlord to submit a
Buyout Agreement with
the Rent Board?
Criteria 6: Degree of
Administration and
Enforcement Duties?
Law Website
Berkeley
Yes. Prior to the offer.

Landlords must use a
disclosure of rights prepared
by the Rent Board.

No. But Landlords must
keep the Tenant signed copy
for five years.
30 days. No.

Yes. The Landlord must
submit the Agreement
between the 31st and 60th
day from when the Buyout
Agreement was signed.

Rent Board Retains a copy
of the Buyout Agreement.

Rent Board publishes
statical information about
Buyouts.

Section 13.79.050.

City Council Ordinance
https://rentboard.berkeleyca.gov/lawsregulations/city-berkeley-ordinancesaffecting-rental-properties/tenant-buyoutordinance Santa Monica
(New rules were passed
since 2018)
Yes. Prior to the offer.

Landlords must use a
disclosure of rights prepared
by the Rent Board.

No. 30 days.

Yes. Not less than what is
required by Santa Monica's
Permanent Relocation
Ordinance SMMC 4.36.040.
(currently $19,100-$39,000)
Yes. The Landlord must
submit the Agreement
between the 31st and 60th
day from when the Buyout
Agreement was signed. Rent
controlled units file with the
Rent Board. Non-rent
controlled units with the
City Clerk.

Violation is a misdemeanor,
and civil infraction
enforcement is through civil
action. Violation may be an
affirmative defense against
an unlawful detainer.

SMMC 4.57.010-.030
https://ecode360.com/44503354
Los Angeles
Yes. Prior to the offer.

Landlords must use a
disclosure of rights prepared
by the Rent Board. (Must be
in the primary language of
the tenant.)
Yes. But submitted with the
Buyout Agreement (i.e. only
one submission).
30 days. No.

Yes. The Landlord must
submit the Buyout
Agreement (and signed
Disclosures) within 60 days
of the Buyout Agreement
being signed.

Affirmative Defense against
eviction. $500 penalty
enforced through tenant by
civil action.

LAMC 151.31
https://housing.lacity.gov/rental-propertyowners/tenant-buyout-notificationprogram San Jose
Yes. Prior to the offer.

Landlords must use a
disclosure of rights prepared
by the Rent Program.

Yes. But submitted with the
Buyout Agreement (i.e. only
one submission).
45 days. No.

Yes. The Landlord must
submit the Buyout
Agreement (and signed
Disclosures) within 30 days
of the Buyout Agreement
being signed.

Rent Board retains a copy of
the Buyout Agreement.

Rent Board publishes
statistical information about
Buyouts.

In the regulations of

17.23.700
https://library.municode.com/ca/san_jose/
codes/code_of_ordinances?nodeId=TIT17
BUCO_CH17.23REDIMEARDWUNEX
MOMOPA_PT2DE_17.23.177TEPROR
Oakland Yes. No.
25 days (unless both parties
agree to no less than 15
days)
Nothing less than what is
required by state or local
law.

Yes. The Landlord must
submit the Buyout
Agreement (and signed
Disclosures) within 45 days
of the Buyout Agreement
being signed.

City retains a copy of the
Buyout Agreement.

Rent Board publishes
statistical information about
Buyouts.

OMC 8.22.700
San Francisco
Yes. Prior to offer.

Landlords must use a
disclosure of rights prepared
by Rent Board.

Yes. Landlords must file a
copy with the Rent Board
and keep a Tenant signed
copy for five years.
45 days. No.

Yes. The Landlord must
submit the Agreement
between the 46th and 59th
day from when the Buyout
Agreement was signed.

City retains a copy of the
Buyout Agreement.

Rent Board publishes
statistical information about
Buyouts.

Sec. 37.9E
ITEM G-3
ATTACHMENT 1
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City of Richmond Rent Program

Page 1 of 6 ends

ITEM G-3
ATTACHMENT 2
Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)

BERKELEY
Ordinance adopted
by the City Council
(Municipal Code
Section 13.79.050)
All units covered by
the Good Cause for
Eviction provisions in
the Berkeley Municipal
Code, including units
that are exempt from
rent control pursuant
to State law
➢ Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
➢ Tenant’s rights required in disclosure include: the right not to enter into a buyout agreement, the right to consult an attorney before signing the agreement, the right to rescind the agreement at any time up to 30 days after signing the agreement, and the right to consult the Rent Stabilization Board regarding the agreement. ➢ The Landlord must file any completed, signed, buyout agreements with the Rent Stabilization Board no sooner than the 31st day after the agreement is signed and no later than 60 days thereafter. ➢ The Landlord must provide a Tenant with a signed copy of the buyout agreement (if executed). ➢ Any person aggrieved by the landlord’s failure to comply with the Ordinance may bring a civil action against the landlord of the residential rental property for all appropriate relief including damages and costs which she or he may have incurred as a result of the landlord’s failure to comply with the Ordinance. In any action to recover damages resulting from a violation of this Chapter, the prevailing plaintiff(s) shall be entitled to reasonable attorneys’ fees in addition to other costs, and in addition to any liability for damages imposed by law.

MODERATE.

The Rent Board retains a copy of all
executed buyout agreements.

The Rent Board’s legal staff maintains
all filed buyout agreements in a file
separate from any other file. All
personally-identifying information is
maintained as confidential.

Information about the amount of
buyout agreements and neighborhood
is made publicly available.

The Board collects data from filed
agreements, including the amount of
compensation and neighborhood of
the rental unit, and makes that data
public.

SANTA
MONICA
Ordinance Adopted
by the Santa Monica
City Council
(Municipal Code
Section 4.56.050(b))
and Rent Board
Regulation 9011
All units covered by
the Rent Control Law
in the City Charter,
including units that
are exempt from rent
control pursuant to
State law
➢ A Landlord must inform a Tenant of certain rights before offering any form of compensation in exchange for a Tenant’s agreement to vacate a rental unit.
➢ Disclosure of rights must be in writing on a form approved by the Rent Board Administrator. ➢ Tenant’s rights required in disclosure include: the right to refuse the agreement and not be retaliated against for doing so, the right to consult a lawyer, and a 30-day right to rescind acceptance of a buyout offer at any time during the 30 days after the Tenant’s acceptance.
➢ The form must also include the amount of relocation fees required by the City’s relocation ordinance, and any other information deemed necessary by the Administrator to effectuate the purpose of Municipal Code Section 4.56.050(b). ➢ The Landlord must file any completed, signed, buyout agreements with the Rent Board no sooner than the 31st day after the agreement is signed and no later than 60 days thereafter. ➢ Tenants shall be provided with a signed copy of the buyout agreement (if executed). ➢ Updated since 2018: A minimum payment amount is required equivalent to the amounts required under its relocation ordinance.
➢ Remedies for violations of the Ordinance include criminal penalties, the right to bring a civil action, as well as additional penalties and monetary awards. Any person who violates or aids or incites another person to violate the Ordinance is liable for each offense for the actual damages suffered by any aggrieved party or for statutory damages in the sum of between one thousand dollars and ten thousand dollars, whichever is greater, and shall be liable for such attorneys’ fees and costs as may be determined by the court in addition thereto. Any violator shall be liable for an additional civil penalty MODERATE.

The Rent Board retains a copy of all
executed buyout agreements.

The Rent Board’s legal staff maintains
all filed buyout agreements in a file
separate from any other file. All
personally-identifying information is
maintained as confidential.

Information about the amount of
buyout agreements and neighborhood
is made publicly available.

The Board collects data from filed
agreements, including the amount of
compensation and neighborhood of
the rental unit, and makes that data
public.
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Complaint-Driven Rent Programs:

City of Richmond Rent Program 2
ITEM G-3
ATTACHMENT 2
of up to five thousand dollars for each offense committed against a person who is disabled or aged sixty-five or over. The court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.

Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)

LOS ANGELES
Ordinance adopted
by the Los Angeles
City Council
(Municipal Code
Section 151.31)
All units covered by
the Rent Stabilization
Ordinance, including
units that are exempt
from rent control
pursuant to State law
➢ Buyout agreements must be written in the primary language of the Tenant ➢ Landlords must provide specific disclosures to the Tenant about their rights on a City form prior to negotiating a buyout agreement.
➢ Tenant’s rights required in disclosure include: the right to cancel the agreement within 30 days of all parties having signed the agreement, without any obligation or penalty. The required form also includes disclosures regarding the Tenant’s right to reject the offer, the right to consult an attorney or the City, the amount of the City’s relocation payment for no-fault evictions, and the right to rescind the agreement at any time if the buyout agreement does not comply with the requirements set forth in the Municipal Code.
➢ The Landlord must file a copy of the signed and dated Rent Stabilization Ordinance Disclosure Notice and buyout agreement within 60 days of both parties having signed the agreement. ➢ Tenants shall be provided with a signed copy of the buyout agreement (if executed). ➢ Remedies for violations include: Tenant may assert violations as an affirmative defense to an unlawful detainer action; Tenant may also bring a private right of action against a Landlord who violates the Ordinance and recover damages and a penalty of $500.

LOW.

Copies of executed buyout agreements
are retained.

The Housing and Community
Investment Department must retain a
copy of signed agreements.

OAKLAND
Ordinance adopted
by the Oakland City
Council (Municipal
Code Section

8.22.700)
All units covered by
the Residential Rental
Adjustments and
Evictions and Just
Cause for Eviction
Ordinances, except
rental units owned or
operated by a public
entity
➢ If the Tenant is proficient in Spanish or Chinese and is not proficient in English, the owner shall make a copy of the agreement available in their language of proficiency.
➢ Prior to commencing buyout negotiations, Landlords must provide information to the Rent Adjustment Program, on a form prescribed by the Rent Adjustment Program and signed by the owner under penalty of perjury. The form shall include information such as the address of the property where the Landlord intends to offer a buyout agreement and a list of all dates on which the owner initiated other buyout agreements with any current or prior tenants at the property and the rental units occupied by each Tenant.
➢ Prior to commencing negotiations, Landlords must provide specific disclosures to the Tenant about their rights on a City form prior to negotiating a buyout agreement. The Landlord and Tenant must sign the disclosure form, and a signed copy of the disclosure form must be provided to the Tenant within 3 days of execution. ➢ Tenant’s rights required in disclosure include: the right to refuse to accept the buyout agreement, a statement that the Landlord may not retaliate against the Tenant for refusing to enter into a buyout agreement, the Tenant’s right to consult an attorney before entering into an agreement, a statement that offering payments to a Tenant to vacate more than once in 6 months after the Tenant has notified the Landlord in writing that the Tenant refuses to enter into the buyout agreement shall be considered tenant harassment under the Tenant Protection Ordinance, and a statement that the Tenant may rescind the agreement within 25 days of it having been signed by all parties, unless the parties agree in writing to a short rescission period of not less than 15 days.

LOW.

Copies of executed buyout agreements
and retained and the City may make
information publicly accessible.

The city may make the information
included on the disclosure form
publically available, except that the city
may redact information from the forms,
including personal information, to the
extent such redaction is consistent
with Oakland, state, or federal laws or
policy addressing disclosure of
documents or information within the
city's possession or control. The city
does not warrant that information any
party to the move out negotiation or
agreement believes to be private will
not be released.
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Complaint-Driven Rent Programs:

City of Richmond Rent Program 3
ITEM G-3
ATTACHMENT 2
➢ Disclosure form required by City must also include the amount of relocation payment for no-fault evictions; a statement that assistance may be obtained by contacting the Rent Adjustment Program; a description of when Tenants have a right to return to their Rental Unit under state or local law; a statement that market rate rents in the area may be significantly higher than the Tenant’s current rent, and therefore the Tenant may wish to check rents for comparable Rental Units before accepting the agreement; a statement that payment pursuant to the buyout agreement may be subject to taxation and that the Tenant should consult the appropriate authorities for more (CONTINUED)

information; a statement that buyout agreements that are submitted to the City may be considered public, but that the City will redact sensitive information consistent with City, state, and federal policies. The form must also include the names of all people authorized to conduct buyout agreements on the owner’s behalf, and any other information required by the Rent Adjustment Program consist with the purpose of the Ordinance. ➢ The Landlord must file a copy of the signed and dated Rent Stabilization Ordinance Disclosure Notice and buyout agreement no sooner than the 25th day and no later than the 45th day of both parties having signed the agreement. ➢ The buyout agreement must also contain specific language regarding the Tenant’s rights; next to each statement, there must be a line for the Tenant to initial.
➢ Tenants shall be provided with a signed copy of the buyout agreement (if executed) immediately after execution. ➢ The Ordinance also states that buyout agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. Move out agreements for less than the amount to which the tenant is entitled in relocation payments constitute a violation of the Ordinance and can be regarded by the tenant as a noncompliant buyout agreement.
➢ Remedies include administrative (e.g. the issuance of administrative citations) and civil remedies. Per the Ordinance, the greater of actual damages or minimum damages of five hundred dollars ($500.00) per violation shall be awarded for an owner's failure to comply with the obligations established under this Article. The greater of treble actual damages or minimum damages of one thousand dollars ($1,000.00) per violation shall be awarded for an owner's willful failure to comply with the obligations established under the Ordinance), and triple the actual damages suffered by the aggrieved Tenants for an owner’s failure to comply with the requirements of the Ordinance when the Tenant of the affected Rental Unit is elderly, disabled, or catastrophically ill.
3465
Tenant “Buyout Agreement”
1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 4
ITEM G-3
ATTACHMENT 2
Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)
SAN

FRANCISCO
Ordinance adopted
by the Board of
Supervisors (Section

37.9E of the
Administrative Code)
All units covered by
the Residential Rent
Stabilization and
Arbitration Ordinance,
including units that
are exempt from rent
control pursuant to
State law.
➢ Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
➢ Tenant’s rights required in disclosure include: the right not to enter into a buyout agreement, the right to consult an attorney before signing the agreement, the right to rescind the agreement at any time up to 45 days after signing the agreement, a statement that the Tenant may visit the Rent Board for information about other buyout agreements in the Tenant’s neighborhood, a list of Tenant Right’s Organizations and their contact information, a statement that information about tenant’s rights is available at the Rent Board’s office, through its counseling number, and on its website, a statement explaining the legal implications under Section 1396(e)(4) of the Subdivision Code for a Landlord who enters into one or more buyout agreements. If the Landlord is an entity, the disclosure form must also include the names of all people within that entity who will be conducting the buyout negotiations and the names of all people within that entity who will have decision-making authority over the terms of the buyout agreement, and any other information reasonably requested by the Rent Board consistent with the purpose of the Ordinance. ➢ The Landlord must retain a copy of the signed disclosure form for five years, along with a record of the date the Landlord provided the disclosure form to each Tenant.
➢ Prior to making a buyout offer, the Landlord must also provide information to the Rent Board, on a form developed by the Board, including information such as the Landlord’s contact information, the name of each Tenant with whom the Landlord intends to offer a buyout agreement, the address of each rental unit that may be the subject of buyout negotiations.
➢ Buyout agreements must be made in writing and include specific statements regarding the Tenant’s rights to cancel the buyout agreement for up to 45 days after all parties have signed, with information about how to cancel the agreement, and the right to reject the offer. The buyout agreement must also include information about the City’s condominium conversion ordinance and the requirements specific to senior, disabled, or catastrophically ill Tenants. Next to each statement required by the Ordinance to be included in the buyout agreement, there must be space provided for the Tenant to initial.
➢ Buyout agreements that do not meet the requirements of the Ordinance and where the Tenant has not initialed next to each required statement shall be considered ineffective and may be rescinded by the Tenant at any time. ➢ The Landlord must file a copy of the buyout agreement with the Rent Board no sooner than the 46th day after the buyout agreement has been signed by all parties and no later than the 59th day after it has been executed by all parties. ➢ Remedies include the right to bring a civil action against the Landlord for failure to comply with the requirements of the buyout agreement ordinance. The landlord shall be liable for the tenant's damages. In addition, the penalty for a violation HIGH.

Landlords must file a copy of the initial
form with the Rent Board.

The Rent Board must maintain a
searchable database of all buyout
agreements.

The Rent Board must report annually
to the Board of Supervisors on the
implementation of the Ordinance.

The Rent Board shall provide an
annual report to the Board of
Supervisors regarding the
implementation of the Ordinance. The
first report shall be completed by
January 31, 2016, and subsequent
reports shall be completed by January
31 in subsequent years. The report
3466
Tenant “Buyout Agreement”
1 Case Study Research
Complaint-Driven Rent Programs:

City of Richmond Rent Program 5
ITEM G-3
ATTACHMENT 2
of subsection (d) shall be up to $500. The penalty for a violation of the requirements of the contents of the buyout agreement shall be up to 50% of the tenant's damages. The court shall award reasonable attorneys' fees to any tenant who is the prevailing party in a civil action. Additionally, a Landlord who has violated the requirement to a file a copy of the buyout agreement with the Rent Board shall pay to the City an administrative penalty of up to $100 per day for each document the landlord failed to file, but in no event shall the landlord's total administrative penalty in a single civil action exceed $20,000. Any administrative penalties collected shall be deposited in the General Fund of the City and County of San Francisco. The court shall award reasonable attorney's fees and costs to the City Attorney or a nonprofit organization that is the prevailing party in a civil action. A tenant may not bring a civil action and the City Attorney or a nonprofit organization may not bring a civil action more than four years after the date of the alleged violation. shall include, but not be limited to, a
list of all units that have been the
subject of Buyout Agreements that
have been reported to the Rent Board.

The Rent Board shall post each of
these annual reports on its website.

Jurisdiction Type of Law Applicability Summary of Major Provisions of Tenant Buyout Law Degree of Administrative Duties
Required by Law
(Relative to other case study
jurisdictions)
SAN JOSÉ
Ordinance adopted
by the San José City
Council (Part 7 of
Chapter 17.23 of the
Municipal Code) and
Chapter 14 of the
Regulations adopted
by the City Council.

All units covered by
the Apartment Rent
Ordinance, including
units that are exempt
from rent control
pursuant to State law.
➢ Before making a buyout offer, a Landlord must give the Tenant a written disclosure of the Tenant’s rights, on a form produced by the Rent Board.
➢ Content required in disclosure form includes: a statement that the unit is subject to the Apartment Rent Ordinance and Tenant Protection Ordinance and contact information for the Rent Program, a statement that Tenants may request that the Landlord provide a copy of the proposed buyout agreement in the Tenant’s primary language and a box in which the Tenant can make that request, a statement of the Tenant’s right not to enter into the agreement, a statement explaining that the Tenant has the right to seek an attorney prior to and during negotiations for a buyout agreement and can make a counter offer to the buyout agreement, a statement that the Tenant has a right to cancel any buyout agreement within 45 days of the date of execution of the buyout agreement without penalty, a statement that exercising the right to rescind the agreement after the tenant has moved out of the unit will not entitle the Tenant to move back into the unit, and a statement that the Tenant may be entitled to relocation benefits due to certain terminations of tenancy, and that the tenant may contact the Rent Program for more information. ➢ Buyout agreements must be made in writing and the Tenant may request that the Landlord provide the Tenant with a translated copy of the buyout agreement. The buyout agreement must contain a statement that the Tenant has the right to refuse the buyout agreement, that they may choose to speak with an attorney before signing the agreement, that they may consult the City Housing Department prior to signing the agreement, and that the Tenant may rescind the agreement within 45 days of signing the agreement without penalty, with instructions for cancelling the agreement by sending a signed and dated notice to the Landlord by U.S. mail that the Tenant is cancelling the agreement. ➢ The Landlord must provide a copy of the executed buyout agreement to all Tenant signatories upon execution. ➢ The Tenant has the right to rescind a buyout agreement if (1) less than 45 days have passed since the parties signed the agreement; (2) the Landlord has failed to comply with the buyout offer requirements in the Regulations; or (3) any other circumstances under State and/or Federal law that would permit the rescission of a contractual agreement. ➢ The Landlord must file a copy of the buyout agreement with Rent Program staff within 30 days from the date the Landlord and Tenant signed the agreement.

LOW.

Copies of executed buyout agreements
are retained.

Buyout agreement shall be maintained
in a separate file and the City must
maintain the Tenant’s personal
identifying information as confidential
and in a manner consistent with State
law. Staff may collect data from the
buyout agreements, including, but not
limited to, the amount of
compensation paid.
3467
Item I-2: Proposed Buyout Agreement
Policy Options
December 19, 2018 | Regular Meeting of the Richmond Rent Board 3468
Item I-2:

Statement
of the Issue
2  On September 19, 2018, Boardmembers directed
Rent Program staff to develop policy options that
provide a varying degree of regulatory oversight of
Buyout interactions, ranging from low-level
oversight to high-level oversight.
 Based on research and case studies, staff members
have prepared 3 policy options for the Board’s
consideration:
 Option 1: Low Level of Oversight
 Option 2: Moderate Level of Oversight
 Option 3: High Level of Oversight
 Staff members are seeking direction from the
Board regarding the proposed policy options.
www.richmondrent.org | ITEM I-2 3469
Item I-2:

Background
3  Buyout Agreements, also known as “Cash for Keys” Agreements, may be offered by a Landlord to a Tenant to encourage the Tenant to voluntarily vacate the Rental Unit in lieu of the Landlord terminating the tenancy for Just Cause.
 Unlike no-fault evictions, Buyout Agreements in Richmond are currently unregulated, and can enable Landlords to circumvent many of the restrictions that apply when a Landlord executes a no-fault eviction.
 A seemingly large sum of money may be enticing to a Tenant, which may cause a tenant to give up rights they were not aware of having under just cause for eviction protections and make a decision on an offer without having knowledge about all of the options available.
 Anecdotal evidence from other Bay Area cities suggests Landlords may employ high-pressure tactics and intimidation to induce Tenants to sign a buyout agreement, including
threatening the Tenant with eviction if they do not accept the terms of the Buyout Agreement.
www.richmondrent.org | ITEM I-2 3470
Item I
-2:

Purpose
A Buyout Agreement Policy could establish
certain requirements for Buyout Agreements,
such as:

1. Require landlords to provide information to
tenants on the rights tenants have prior to
negotiating a Buyout Agreement

2. Require landlords to submit a copy with the Rent
Program of the Notice of Tenants Rights given to
the tenant

3.Establish minimum monetary amounts that may
be offered in exchange for the Tenant’s voluntary
vacancy

4. Require Landlords to file Buyout Agreements with
the Rent Board for monitoring and data collection
purposes
www.richmondrent.org | ITEM I-2
4 3471
Item I
-2:

Research
Case Study Matrix (Att. 2)
contains information on:  The language in disclosures provided to the Tenant prior to the Landlord offering a Buyout Agreement;
 Amount of days the Tenant has to
rescind an offer;
 Requirements for filing Buyout Agreements with the City;  Whether or not there is a minimum amount of money that must be
offered in the Buyout Agreement;
 Penalties for noncompliance; and,
 The degree of administrative requirements associated with filing of Buyout Agreements and analysis
of the agreement (e.g. the
neighborhood of the Rental Unit and
amount of compensation offered).

Criteria Matrix (Att.1)
 Criteria 1: Is there a requirement
for the Landlord to give a Notice of
Buyout Rights to the Tenant?
 Criteria 2: Is there a requirement
for the Landlord to submit a copy
of Notice of Buyout Rights to the
Rent Board?
 Criteria 3: How many days does the
Tenant have to rescind once the
Buyout Agreement is executed?
 Criteria 4: Is there a minimum
payout for a Buyout Agreement?
 Criteria 5: Is there a requirement
for the Landlord to submit a
Buyout Agreement with the Rent
Board?
 Criteria 6: Degree of Administrative
Enforcement and Duties
www.richmondrent.org | ITEM I-25
Based on the direction of the Rent Board, Rent
Program staff used the previously presented Case
Study Matrix and conducted additional research.
3472
Item I-2:

Findings
www.richmondrent.org | ITEM I-2 6

1. Access to the Buyout Agreement in the Tenant’s primary language

2. Coverage of all properties under “Just Cause”

3. Policy containing Anti-Harassment language

4. Right to rescind at any time, for non-compliance with the Buyout Agreement Policy

5. Notice of Buyout Rights to the Tenant

6. Requirement to submit a copy of Notice of Buyout Rights to the Rent Board

7. Days to rescind once the Buyout Agreement is executed

8. Minimum payout for a Buyout Agreement

9. Requirement to submit a Buyout Agreement with the Rent Board

10. Administrative Enforcement and Duties to Ensure Compliance

11. Penalties for not complying with the Buyout Agreement Policy In their analysis of Buyout policies in other California cities, staff narrowed components of a Buyout Agreement Policy down to eleven integral factors that determine the degree of oversight for Buyout Agreement Policy Options. The eleven components are:
3473
Item I-2:

Components
of the
Proposed
Policy Options
Proposed 4
Necessary
Components
Criteria 1
through 7
www.richmondrent.org | ITEM I-2 7
 Vary in degree of oversight
and will be determined by
the level of oversight and
enforcement the Rent board
wishes to accomplish
 These 4 components create a
foundation for an effective
Buyout Agreement Policy and
represent the needs of
Richmond Tenants and
Landlords
Buyout Agreement Policy
3474
Item I-2:

Methodology
– Proposed 4
Necessary
Components
Rent Program staff identified four components that
are recommended to be incorporated into any policy
aimed at regulating Buyout Agreements. These
components are as follows:

1. The Buyout Agreement must be written in the Tenant’s primary language

2. The Buyout Agreement policy will cover all properties under “Just Cause”

3. The Buyout Agreement policy must contain Anti-Harassment language

4. The Tenant will have the right to rescind at any time, without penalty, if the Buyout Agreement does not comply with the requirements of the regulation.
www.richmondrent.org | ITEM I-2 8 3475
Item I
-2:

Methodology –Criteria 1
through 6

1. Notice of Buyout Rights to the
Tenant for buyout Agreements (All cities researched)

2. A copy of the Notice of Buyout
Rights given to the Tenant
must be maintained by the
Landlord for five years (Berkeley and Santa Monica)

3. 25 days to rescind (Oakland)

4. No minimum payout (All cities
researched, except Oakland)

5. The Landlord must file a copy
of an executed Buyout
Agreement with the Rent
Program within 60 days (Los
Angeles)

6. The Rent Program will
maintain a copy of all executed
Buyout Agreements (all cities
researched)
www.richmondrent.org | ITEM I-2
9 1. Notice of Buyout Rights to the Tenant for buyout Agreements (all cities researched )

2.The Notice of Buyout Rights must
be filed with the Rent Program prior to engaging in Buyout negotiations (San Francisco)

3.45 days to rescind (Santa Monica, San Francisco, and San Jose)

4. Establishes a minimum payout
(Oakland)

5. The Landlord must file a copy of an
executed Buyout Agreement with
the Rent Program within 60 days (Los Angeles)

6. The Rent Program will (a) maintain
submitted Buyout Agreements and copies of Notice of Buyout Rights; (b) contact the Tenant identified on
a submitted copy of a Notice of
Buyout Rights; and (c) maintain a
database, showing data on the compensation amount and
neighborhood of Buyout
Agreements (mix from San
Francisco, Berkeley, Santa Monica)
Example for Low Oversight Example for High Oversight
3476
Item I
-2:

Methodology –Criteria 7:

Penalties for
Non-
Compliance
www.richmondrent.org | ITEM I-2 10
Low Oversight Option:

This option does not include penalties for Landlords
that fail to conform with the Buyout Agreement
Ordinance (San Jose)
Moderate Oversight Option:

The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory
damages not to exceed $500 dollars per violation
(Oakland and San Francisco)
High Level Oversight Option:

The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory
damages not to exceed $ 1,000 dollars per violation
(Oakland and San Francisco)
3477
Item I-2:

Policy
Questions
determining
Criteria 1
through 7
The remaining seven components are more discretionary
and impact the degree of regulation. Staff members are
seeking specific direction from the Board on the following seven policy questions:

1. Should the Landlord be required to give a Notice of Buyout Rights to the Tenant?

2. Should the Landlord be required to submit a copy of Notice of Buyout Rights to the Rent Board and if so when?

3. How many days should the Tenant be given to rescind once the Buyout Agreement is executed?

4. Should there be a minimum payout for a Buyout
Agreement?

5. Should the Landlord be required to submit a Buyout
Agreement with the Rent Board and if so when?

6. What is the degree of Administrative Enforcement and Duties the Rent Board wishes to adopt?

7. Should there be penalties for violating the Buyout
Agreement Policy?
www.richmondrent.org | ITEM I-2 11 3478
Proposed Policy
Options
NOTE: The policy options presented are not fixed; the
Rent Board may mix-and-match different
components to create its own policy that is tailored to the needs of Richmond Residents.
www.richmondrent.org | ITEM I-2 12 3479
Option 1: Low
Level of
Oversight

1. The Landlord must give a Notice of Buyout Rights to the Tenant before the Buyout negotiation begins.

2. A copy of the Notice of Buyout Rights given to the Tenant must be maintained by the Landlord for five years (and is not required to be filed with the Rent Program).

3. The Tenant has 25 days to rescind an executed Buyout Agreement.

4. This policy option has no minimum payout requirement for a Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout
Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements.

7. This option does not include penalties for Landlords that fail to conform with the Buyout Agreement Ordinance.
www.richmondrent.org | ITEM I-2
13 OPTION 1
3480
Option 2:

Moderate
Level of
Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. If the parties execute a Buyout Agreement, the Landlord must file a copy of the Notice of Buyout Rights with the Rent Program.

3. The Tenant has 30 days to rescind an executed Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

6. The Rent Program will maintain a copy of all executed Buyout Agreements and Notice of Buyout Rights.

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $500 dollars per violation.
www.richmondrent.org | ITEM I-2
14 OPTION 2
3481
Option 3: High
Level of
Oversight

1. Prior to engaging in Buyout negotiations, the Landlord must give a Notice of Buyout Rights to the Tenant.

2. The Landlord must file a copy of the Notice of Buyout Rights with the Rent Program prior to engaging in Buyout negotiations.

3. The Tenant has 45 days to rescind an executed Buyout Agreement.

5. The Landlord must file a copy of an executed Buyout Agreement with the Rent Program within 60 days.

7. The Tenant has the right to bring a civil action against the Landlord for actual damages and statutory damages not to exceed $ 1,000 dollars per violation.
www.richmondrent.org | ITEM I-2
15 OPTION 3
3482
Item I-2:

Proposed
Timeline and
Next Steps
www.richmondrent.org | ITEM I-2 16
(1) Staff will present the Rent Board’s selected policy option during a study session at a meeting of the
Richmond City Council in December 2018 or January
2019.
(2) Following the study session, it is anticipated Rent Program staff will work with City staff to develop a
Buyout Agreement Ordinance.
(3) Staff will present the Buyout Agreement Ordinance
to the City Council for potential adoption.
3483
Item I-2:

Recommended
Action
www.richmondrent.org | ITEM I-2 17
RECEIVE Tenant Buyout Agreement Policy Options and
DIRECT staff to (1) present the Rent Board’s selected
policy option during a study session at a meeting of the City of Richmond City Council and (2) work with City
staff to develop a Buyout Agreement Ordinance – Rent
Program (Nicolas Traylor/Paige Roosa 620-6564).
3484
3485
3486
3487
3488
3489
3490
Rent Board Recommendation
to City Council:

Tenant Buyout Agreement Policy
November 4, 2025
Nicolas Traylor, Executive Director- Richmond Rent
Program
Lina Velasco, Director of Community Development
3491
Presentation Overview

1. Provide an overview of Tenant Buyout
Agreements and related issues.

2. Summarize policy options considered by the
Rent Board.

3. Present the Rent Board’s recommended policy
option.

4. Seek City Council direction to draft an
ordinance based on the recommended approach.
3492
What is a Tenant Buyout
Agreement?
• A Tenant Buyout Agreement, or 'Cash for Keys,'
is a voluntary contract where a tenant agrees
to vacate a rental unit in exchange for
compensation.
• Why Landlords Offer Buyouts:
• Avoid eviction proceedings
• Prepare property for sale/redevelopment
• Increase rental income
• Manage difficult tenancies
3493
Risks of Unregulated Buyouts
• Tenants may feel pressured or misled
• Vulnerable households risk losing affordable
housing
• Unregulated buyouts undermine rent control and
just-cause eviction protections
3494
Policy Rationale
• Prevent Coercion & Harassment: Protect
tenants from pressure tactics
• Ensure Informed Consent: Require clear
disclosures and rescission rights
• Protect Affordable Housing: Prevent
displacement of rent-controlled tenants
• Align with Regional Practices: Similar
ordinances in SF, Oakland, Berkeley, LA, etc.
3495
Case Study Insights
Common Elements:
• Standardized disclosure forms
• Rescission periods (25–45 days)
• Mandatory filing of agreements
• Enforcement mechanisms
Unique Provisions:
• Language access (LA, Oakland)
• Database transparency (San Francisco)
3496
Policy Options Overview
• Option 1 – Low Oversight: Minimal
requirements, short rescission, no penalties
• Option 2 – Moderate Oversight: Longer
rescission, relocation standard, modest
penalties
• Option 3 – High Oversight: Pre-filing, 45-day
rescission, full relocation payments, stronger
penalties, Rent Program oversight
3497
Why Option 3?
• 45-day rescission period
• Pre-negotiation filing with Rent Program
• Minimum payouts equal to relocation payments
• Rent Program tenant contact confirmation
• Public (non-identifying) database
• Stronger penalties for noncompliance
3498
Preventing Circumvention of
the Rent Ordinance
• Unregulated buyouts allow landlords to bypass
• Just Cause for Eviction requirements
• Relocation payment obligations
• Tenant rights to return or retain rent control
protections
3499
Administration and
Implementation
• Develop disclosure/educational materials
• Conduct workshops and outreach
• Provide housing counseling
• Maintain database and annual reporting
• Coordinate with City Attorney and Community
Development
3500
Next Steps
Council supports Option 3, staff will:

1. Collaborate with the City Attorney to draft
the ordinance

2. Work with Community Development and City
Manager on implementation

3. Return to Council for final adoption
3501
Recommended Action
Receive the presentation and Direct the City
Attorney’s Office to work with the Rent Program
to draft a Tenant Buyout Agreement Ordinance
incorporating Option 3: High Level of Oversight
3502

Richmond City CouncilNovember 4, 2025

Richmond City Council
November 4, 2025