Richmond City Council
November 18, 2025

RICHMOND, CALIFORNIA, October 7, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
Chairperson Eduardo Martinez called the meeting to order at 5:57 p.m.

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

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Housing Authority Director Antoinette Terrell presented the report. Link to report:

REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler asked the commissioners to approve the consent calendar as presented.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chairperson Eduardo Martinez
Seconded by Vice Chairperson Cesar Zepeda
Ayes (6): Commissioners Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Chairperson Cesar Zepeda, and Chairperson Eduardo Martinez Absent (2): Commissioner Soheila Bana, and Tenant Commissioner Jaycine Scott Passed
M.1 Contract with BDO USA for U.S. Department of Housing and Urban Development (HUD) Operating Subsidy Calculations
ADOPT a resolution and APPROVE a contract with BDO USA to calculate and submit subsidy calculations for the Richmond Housing Authority for calendar 312
cc07Oct2025 – ud/prc

years 2026 and 2027, with the contract commencing October 7, 2025, and ending December 31, 2027 – Richmond Housing Authority (Nannette Beachem/Antoinette Terrell/Greg Palamino 510-621-1300).

Adopted Resolution No. 2200.

M.2 Meeting Minutes
APPROVE the minutes of the August 19 and 26, 2025, special Housing Authority meetings - City Clerk's Office (Pamela Christian 510-620-6513).

N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:04 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
313

November 18, 2025
City Attorney's Office
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement (LSA) with Orbach Huff & Henderson, LLP (Orbach) for Legal Representation
FINANCIAL IMPACT: The proposed total three-year not to exceed cost of $400,000 is included within the approved fiscal year
2025-2026 Risk Management Insurance – General
Liability budget and will be budgeted accordingly in
subsequent fiscal year budgets (Account String:
50182316 - 400554

PREVIOUS COUNCIL
ACTION:

December 20, 2020
October 5, 2021
May 17, 2022
June 20, 2023
March 19, 2024
March 11, 2025

STATEMENT OF THE
ISSUE:

A legal services agreement with Orbach is needed to
ensure that the City has the appropriate legal
representation for pending and future police and tort
cases.

RECOMMENDED ACTION: APPROVE a new legal services agreement with Orbach Huff & Henderson, LLP, for a total contract amount not to exceed $400,000, for a term beginning November 18,
2025, and ending June 30, 2028, to continue
representing the City in tort and police cases – City
Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6509).

AGENDA
REPORT
314

November 18, 2025
DISCUSSION:

Orbach Huff & Henderson, LLP (“Orbach”), represents over 100 California public agencies in areas such as civil rights, labor and employment, and procurement transactions. Attorney Kevin Gilbert, a Partner at Orbach, is a trial attorney that focuses his litigation defense in the areas of alleged excessive force by police, dangerous conditions and premises liability, and civil rights violations. As such, Orbach currently provides special counsel services defending the City in civil rights and law enforcement liability litigation. Furthermore, they assist the City with responding to federal grand jury subpoenas and provide pre-litigation advice.

Orbach has been representing the City in these types of matters since 2020 and were approved from the 2018 Request for Qualifications (RFQ). As the City Attorney’s Office works to review and reduce outside counsel costs, it is appropriate to continue to work with this firm. They have had good success and are currently working on multiple matters, handling approximately nine matters (lawsuits and claims) for the City. At this juncture, changing firms would be both time-consuming and financially imprudent.

Rates for Orbach Huff are: Partners $335 per hour; Associates $285 per hour; and Paralegals $145 per hour.

The City Attorney’s office requests approval of a new legal services agreement with Orbach Henderson & Huff, LLP, for an amount not to exceed $400,000 with term ending June 30, 2028.

DOCUMENTS ATTACHED:

Attachment 1 – Orbach, Huff & Henderson, LLP Original Contract (proposed) 315
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON, LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 18TH DAY of NOVEMBER , 2025 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and ORBACH HUFF & HENDERSON, LLP, comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 6200 STONERIDGE MALL ROAD, SUITE 225, PLEASANTON, CA 94588. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

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

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

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

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

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to 316
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approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2028, unless the parties extend the Agreement in writing.

The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

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

5. PUBLIC FUNDING.

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

Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

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

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

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

8. PROJECT PLAN AND BUDGET AND RESERVES.

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

9. LITIGATION GUIDELINES.

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

10. BILLING.

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

11. STATUS REPORTS.

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

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

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

13. CONFLICTS OF INTEREST.

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

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

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

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

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from 319
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the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

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

16. NON-DISCRIMINATION.

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

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

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

17. HOLD HARMLESS/INDEMNIFICATION.

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

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:
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A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

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

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

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

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

20. AMENDMENTS.

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

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

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

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.
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Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

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

24. INVALID PROVISIONS.

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

25. LICENSE REQUIREMENTS.

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

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

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

ORBACH HUFF & HENDERSON, LLP
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
323
Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall represent and defend the City of Richmond in pending and future police tort litigation.

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

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates Effective Thru June 30, 2028:

PARTNER(S) $335/hour
ASSOCIATE(S) $285/hour
PARALEGAL(S) $145/hour

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for attorneys’ fees and reimbursements. 324
Exhibit B
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BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

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

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

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 325
Exhibit B
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II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

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

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
327
Exhibit B
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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 328
Exhibit C
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PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated. d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);  Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.
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Exhibit D
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California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

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

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 330
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5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 331
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LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "SanctuaryCity Contracting Ordinance" or “SCCO”). Contractor understands and agreesthat the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting servicesto the U.S. Immigration and Customs EnforcementDivision 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 sourcesfor 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 servicesto 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 certifiesthat it complies with the requirements ofthe SCCO and that if at anytime during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury underthe laws ofthe State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:
333
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Vendor SCCO Compliance Statement (July2024)
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Exhibit G
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City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 336
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City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable. 337
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RICHMOND, CALIFORNIA, October 21, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 3:33 p.m. by Vice Mayor Zepeda.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson (joined via Zoom from the UCLA Meyer and Renee Luskin Conference Center), Sue Wilson, and Vice Mayor Cesar Zepeda. Absent: Mayor Eduardo Martinez arrived after the roll was called.

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

1. SEIU Local 1021 Full Time Unit and Part Time Unit

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Terminal One Development, LLC Agency Against: City of Richmond
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1414 Harbour Way South
Agency Negotiator: Dave Aleshire, City AttorneyNegotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment

SURPLUS PROPERTY AUTHORITY
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler, Josiah Brandaman, Kevin Tisdell, and Jose Abastida gave comments in person. Pam Stello, Claudia Citroen, and Sally Tobin gave comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:48 p.m. Closed Session adjourned at 6:01 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:06 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson (joined via Zoom from the UCLA Meyer and Renee Luskin Conference Center), Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Absent:

None.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Doria Robinson reported a conflict of interest with Item N.3.b (Richmond Rising TCC Grant Annual Report – Year Two). Councilmember Robinson announced that she would recuse herself from any discussion on the item.

J. AGENDA REVIEW
Item N.4.a (Point Potrero Marine Terminal Facilities Assessment and Presentation) was pulled from the consent calendar for discussion.

Item N.7.b (Evaluation Report by WestEd on the Richmond Fund for Children and Youth) was withdrawn.

There was a correction made to Item N.6.a - the subject and recommended action were corrected to include the following:

Contract with ImageTrend, LLC to provide Fire and Emergency Medical Services Records Management System
APPROVE a sole-source contract with ImageTrend, LLC in an amount not to exceed $228,126, for a three-year term effective October 22, 2025, through October 21, 2028, with a two-year extension option not to exceed an additional $160,000 for the extended term for the fire and emergency medical services records management system K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (conference with labor negotiators) was discussed. No reportable action was taken.

Item C.2 (liability claims) was not discussed.

Item C.3 (conference with real property negotiator) was not discussed.

Item C.4 (surplus property authority conference with legal counsel, existing litigation) was not discussed.
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding Riggers Loft. Mr. Hindler also gave comments regarding the City's staff vacancies.

Antwoin Cloird gave comments regarding the Richmond Steelers football team. Mr.

Cloird urged the Council to allocate more funds to improve the Fire department's training center. Mr. Cloird announced that Chevron would be holding a community meeting regarding air quality on October 22, 2025, at 1503 Macdonald Avenue.

Don Gosney gave comments regarding the amount of consent calendar items placed on recent Council meeting agendas. Mr. Gosney also gave comments regarding the procedure to pull items from the consent calendar.

Margarita Mitas and Lori Hart requested support for unresolved payments/reimbursements to vendors for a Neighbor-to-Neighbor event.

Janice Haugan gave comments regarding City staff and community efforts to stop illegal fireworks in Richmond. Ms. Haugan suggested the City's fireworks ordinance be revised to strengthen enforcement.

Mark Wassberg gave comments regarding politics.

The following individuals gave comments via teleconference:

Michael Mejia gave comments regarding data from the recent Stop Illegal Fireworks survey circulated.

Andrew Melendez and Joselyn Diaz gave comments in support of item N.2.a (Expansion of Scope of Services for Immigrant Legal Services and Public Awareness Campaign Program)
Keycha Gallon gave comments regarding Police department staffing levels and public safety. Ms. Gallon also gave comments regarding the Black Resiliency Project and Fund.

N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Claudia Jimenez
Seconded by Vice Mayor Cesar Zepeda
To approve all items on the consent calendar excluding Items N.4.a (Point Potrero Marine Terminal Facilities Assessment and Presentation) and N.7.b (Evaluation Report by WestEd on the Richmond Fund for Children and Youth). 340
Cc21Oct2025 – jc/prc

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

Passed
N.1 City Clerk's Office
N.1.a Meeting Minutes
APPROVE the minutes of the September 16 and 23, 2025, and October 7, 2025, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

N.1.b Cancellation of the June 2 and November 3, 2026, Regular City Council Meetings
APPROVE the cancellation of the June 2 and November 3, 2026, Regular City Council meetings due to the 2026 primary and general elections - City Clerk’s Office (Pamela Christian 510-620-6513).

N.2 City Manager's Office
N.2.a Expansion of Scope of Services for Immigrant Legal Services and Public Awareness Campaign Program
AUTHORIZE the expansion of the scope of services eligible for funding under the Immigrant Legal Services and Public Awareness Campaign (ILSPAC) program to include emergency flex funds for services such as rental, utility and food assistance; and AUTHORIZE the city manager or designee to negotiate the added scope of services with the ILSCAP Request For Proposals (RFP) selected respondents – City Manager’s Office (Gabino Arredondo 510-620-6606).

N.3 Community Development
N.3.a Contract with Cinquini & Passarino, Inc. Environmental Monitoring for Terminal 4
APPROVE a contract with Cinquini & Passarino, Inc. to provide longterm environmental monitoring services for the Terminal 4 Wharf, Warehouse, and Piling Removal Project, with a payment limit of $200,000, for a term ending June 30, 2030, to be paid for using State Coastal Conservancy grant funds awarded for the project - Community Development Department (Lina Velasco 510-620-6706).

N.3.b Richmond Rising TCC Grant Annual Report – Year Two RECEIVE the Annual Report for Year two of the Richmond Rising Transformative Climate Communities (TCC) Implementation Grant – Community Development Department (Lina Velasco/Beatriz Guerrero Auna 510-620-5450).
(Councilmember Robinson recused herself from voting on this item due to conflict of interest).

N.3.c Approve the Issuance of Bonds by the California Municipal Finance Authority for the TBV Villas at Renaissance Apartments Project ADOPT a resolution approving the issuance of up to $48,000,000 in Tax Equity and Fiscal Responsibility Act (“TEFRA”) revenue bonds by the 341
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California Municipal Finance Authority (CMFA), a joint powers authority and public entity of the State of California for the sole purpose of satisfying TEFRA for the finance and refinancing of the acquisition, construction, development, and equipping of a 105-unit qualified residential rental project located at 1827 San Joaquin Avenue in Richmond (the “Project”) – Community Development Department (Lina Velasco/Jesus Morales 510-620-6841).

Adopted Resolution No. 145-25
N.4 Economic Development
N.4.a Point Potrero Marine Terminal Facilities Assessment and Presentation RECEIVE and ACCEPT the completed Point Potrero Marine Terminal Condition Assessment Report and Presentation, prepared by Moffatt & Nichol and supporting consultants – Economic Development/Port (Charles Gerard 510-620-6792/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620- 6802).
(City Council took a recess at 8:44 p.m. The City Council returned from recess and reconvened at 8:48 p.m.).

Port Director Charles Gerard introduced the item. Mr. Gerard and Moffatt & Nichol Project Manager/Vice President Matt Trowbridge presented a PowerPoint. Link to view presentation: Point Potrero Marine Terminal Facilities Assessment
Jamin Pursell gave comments in person. Claudia Citroen gave comments via teleconference. Discussion ensued.

The Council suggested that a strategic plan for the Port be created incorporating the information in the Point Potrero Marine Terminal Condition Assessment Report.

N.5 Finance Department
N.5.a Quarterly Garbage Liens
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Emily Combs/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620-6741).

Adopted Resolution No. 146-25
N.6 Fire Department
N.6.a Contract with ImageTrend, LLC to provide Emergency Medical Services Records Management System
APPROVE a sole-source contract with ImageTrend, LLC in an amount not to exceed $228,126, for a three-year term effective October 22, 2025, through October 21, 2028, with a two-year extension option not to exceed an additional $160,000 for the extended term for emergency medical services records management system – Fire Department (Chief Aaron Osorio 510-307-8021/Chief Rico Rincon 510-307-8041/Den Mark Marcelo 510-307-8038).
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N.7 Library and Community Services
N.7.a Supportive Services for Residents Enrolled in Futuro Healthcare Career Training Program
AUTHORIZE the Richmond Workforce Development Board (RWDB), through the Employment & Training Division (E&T), to classify the $227.00 participant fee as a Workforce Innovation and Opportunity Act (WIOA) supportive service expense, and allow disbursement through E&T existing structures to Richmond residents once accepted into the Futuro Health program, and APPROPRIATE up to $22,700 from the General Fund to fund this program – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).

N.7.b Evaluation Report by WestEd on the Richmond Fund for Children and Youth
RECEIVE the WestEd evaluation report, a third-party external evaluator, assessing the impact of the Richmond Fund for Children & Youth grant programs from Fiscal Years 2021–2024 – Richmond Department of Children & Youth (Patrick Seals/LaShonda White 510-307-8016).

N.8 Public Works
N.8.a Abatement Report from the Public Works Director
RECEIVE a written abatement report from the Public Works Director - Public Works Department (Daniel Chavarria 510-620-5478).

N.8.b Standing Purchase Order (PO) with Kompan California, Inc. for AsNeeded Playground and Parks Equipment.

ADOPT a resolution authorizing standing Purchase Orders with Kompan California, Inc. with a payment limit of $200,000 for as needed playground and parks equipment starting October 25, 2025, and ending October 25, 2030 – Public Works Department Parks and Landscaping (Jason Lacey 510-620-6920).

Adopted Resolution No. 147-25
N.8.c Donation of a Memorial Bench Dedicated to Jeff Tauber APPROVE the donation of a memorial bench dedicated to Jeff Tauber to be installed in Barbara and Jay Vincent Park – Public Works Department/Community Services Department (Stephanie Ny 510-620- 6563/Ranjana Maharaj 510-620-6792/Jason Lacey 510-620-6920/Daniel Chavarria 510-620-5478).

N.8.d Purchase Order with Ross Recreation for Playground and Parks Equipment and Furnishings
ADOPT a resolution and AUTHORIZE a standing purchase order with Ross Recreation Equipment Company, Inc. distributor for Landscape Structures, Inc. and DuMor Site Furnishings, Inc. for as-needed playground and parks equipment starting October 21, 2025, and ending October 21, 2030, for a total amount not to exceed $300,000 – Public Works Department (Daniel Chavarria 510-620-5478/Jason Lacey 510- 620-6920).

Adopted Resolution No. 148-25
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N.8.e Cooperative Implementation Agreement with Caltrans for Multi-Site Trash Capture Projects
ADOPT a resolution and AUTHORIZE the city manager to execute a Cooperative Implementation Agreement with California Department of Transportation (Caltrans) for four multi-site trash capture projects and to ACCEPT and APPROPRIATE Caltrans funds in the amount of
$10,250,000 into the Public Works Department’s Stormwater Program budget – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510-620-5477).

Adopted Resolution No. 149-25
O. NEW BUSINESS
O.1 Presentation from the Contra Costa County Building Trades Council to expand opportunities in Richmond
RECEIVE a presentation from the Contra Costa County Building Trades Council to expand opportunities in Richmond by way of a Public Lands Policy; and DIRECT staff to establish a Public Lands Policy to close loopholes, raise job standards, ensure enforceability, and provide more opportunities for career pathways - Vice Mayor Cesar Zepeda (510-620-6593). This item was continued from the September 23, 2025, meeting.

Vice Mayor Cesar Zepeda introduced the item. Contra Costa Building and Construction Trades Council Executive Director Tim Sbranti and Sheet Metal Workers’ Local 104 Representative EJ Cire presented a PowerPoint. Link to view presentation: Contra Costa County Building Trades Council Don Gosney and Jamin Pursell gave comments in person. Sara Cantor and Kevin Tisdell gave comments via teleconference. Discussion ensued.

Motion by Vice Mayor Cesar Zepeda
Seconded by Councilmember Claudia Jimenez
To direct City staff to develop and deliver a Public Lands Policy that adopts labor standards for development projects that will be constructed on land leased, sold, or otherwise funded by the City, and that includes worker protections, raises job standards, ensures enforceability, and provides opportunities for career pathways in the skilled construction trades, including the workers and Trades affiliated with the Contra Costa Building and Construction Trades Council and the Nor Cal Carpenters Union and to bring it back to Council within 90 days.

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

Passed
O.2 Support of Federal Recognition for the Muwekma Ohlone Tribe ADOPT a resolution urging the United States Congress, the Department of the Interior, and the Bureau of Indian Affairs to officially recognize the Muwekma Ohlone Tribe as a federally recognized tribe; DIRECT the city manager to draft a letter transmitting this resolution to Bay Area congressional delegation, the Secretary of the Department of the Interior, with instructions that all actions be taken to support and ensure the immediate recognition of Muwekma Ohlone Tribe’s federal status, and include them with the federal registry of recognized tribes under the Bureau of Indian Affairs - Councilmember Soheila Bana (510- 672-3490).
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Councilmember Soheila Bana introduced the item. San Francisco Bay Area Muwekma Ohlone Tribe Chairwoman Charlene Nijmeh gave an oral presentation providing background history on the Muwekma Ohlone Tribe and their efforts to be federally recognized.

Courtney Cummings, Aarav Iyer, Sanath Krishna, Parker Huynh, Kishan Gupta, Tadashi Fukami, Joey Torres, Julie Dominguez, Gabriel Nijmeh, Arabella Nijmeh, Ray He, Aaron He, Sudhanva Belur, Izekiel Dominguez, Jalysa Torres, Jezebel Torres, and Katelynn Torres gave comments in person. Corrina Gould, Alan Leventhal, and Deja Gould gave comments via teleconference. Discussion ensued.

Motion by Councilmember Soheila Bana
Seconded by Councilmember Jamelia Brown
To continue the item and bring it back to Council on February 24, 2026.

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

Passed
P. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Vice Mayor Zepeda reported on a trip to the Sister City of Shimada, Japan.

Councilmember Brown reported attendance to the following: Arbor Day event; the Greater Richmond Interfaith Program (GRIP) Harmony Walk; Families and Individuals Equitably Rooted in Collective Empowerment (FIERCE) boot camp; and a recent trip to the Sister City of Shimada, Japan.

Mayor Martinez reported on a trip to the Sister City of Shimada, Japan.

Q. ADJOURNMENT
There being no further business, the meeting adjourned at 9:51 p.m., to meet again on October 28, 2025, at 6:00 p.m.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
October 28, 2025, 3:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Vice Mayor Cesar Zepeda called the meeting to order at 3:30 p.m.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Vice Mayor Cesar Zepeda. Absent: Mayor Eduardo Martinez was absent the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Agress v. City of Richmond, et al.

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

1. SEIU Local 1021 Full Time Unit and Part Time Unit

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Terminal One Development, LLC Agency Against: City of Richmond
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1414 Harbour Way South
• Agency Negotiator: Dave Aleshire, City Attorney and Emily Combs, Finance Director
• Negotiating Parties: Orton Entertainment, LLC
• Under Negotiation: Price, Terms of Payment
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SURPLUS PROPERTY AUTHORITY
C.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding favorable union negotiations and against the closure of the Rigger's Loft
Michelle Milam, Tiara Gonzales, Josh Amijar Jose Abastida, Rosean Raylan, Stacy Walker, Sean Stalbaum, and Shiela Williams gave comments regarding labor negotiations.

Kevin Tisdale and Fidencio Morales gave comments via Zoom regarding labor negotiations and an open-ended discipline provision currently being negotiated between the city and the union.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 3:52 p.m. Closed Session adjourned at 6:45 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Vice Mayor Cesar Zepeda called the meeting to order at 6:48 p.m.

G. PLEDGE OF ALLEGIANCE
Vice Mayor Cesar Zepeda led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Vice Mayor Cesar Zepeda. Absent: Mayor Eduardo Martinez was absent the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Doria Robinson stated conflict of interest on item O.4.a - Preliminary Engineering Services Agreement with RailPros Field Service, Inc. for the Transformative Climate Communities (TCC) Wellness Trail due to her and her partner being recipients of a TCC grant.

J. AGENDA REVIEW
Item O.2.a. - Resolution in support of the Polluters Pay Climate Superfund Act of 2025 (Senate Bill684/Assembly Bill 243) was removed from the consent calendar for discussion.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Agress v. City of Richmond, et al.

No final action was taken.
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C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
No final action was taken.

C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Terminal One Development, LLC Agency Against: City of Richmond No final action was taken.

C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1414 Harbour Way South
• Agency Negotiator: Dave Aleshire, City Attorney and Emily Combs, Finance Director
• Negotiating Parties: Orton Entertainment, LLC
• Under Negotiation: Price, Terms of Payment
No final action was taken.

SURPLUS PROPERTY AUTHORITY
C.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
No final action was taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented the report. Link to report: CITY MANAGER REPORT
M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation recognizing the Green Team 94803 for beautifying the El Sobrante Valley neighborhood.

PROCLAMATION recognizing Green Team 94803 and its volunteers for their outstanding service in keeping the El Sobrante Valley clean and beautiful and encouraging the expansion of these community efforts into nearby areas, including the 94806 community - Councilmember Soheila Bana (510-672-3490). 348
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Cordell Hindler gave comments.

Vice Mayor Zepeda, Councilmember Bana and councilmembers presented the proclamation.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Cordell Hindler gave comments regarding city employee vacancy rates and the importance of the recruitment of police officers. Mr. Hindler also stated that more economic development was needed in Richmond.

Don Gosney gave comments regarding the public speaking rules at city council meetings.

Mark Wassberg gave comments regarding democratic socialist communists.

Fayza Ayyad gave comments in support of the Palestinian people.

Jamin Pursell gave comments regarding the importance of inclusivity in the community.

Sara Cantor gave comments via Zoom regarding Richmond Area Mutual Aid who assist with grocery delivery and encouraged donations for the organization.

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
To approve all items on the consent calendar excluding Item O.2.a. – (Resolution in support of the Polluters Pay Climate Superfund Act of 2025 (Senate Bill 684/Assembly Bill 1243) which was removed from the consent calendar for discussion.

Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Doria Robinson
Ayes (6): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Sue Wilson, and Vice Mayor Cesar Zepeda
Absent (1): Mayor Eduardo Martinez
Passed
O.1 City Clerk's Office
O.1.a Cancellation of the November 25 and December 23, 2025, City Council Meetings and Announce the Council Holiday Schedule
APPROVE the cancellation of the November 25, and December 23, 2025, Regular City Council meetings and the City Council holiday schedule as follows: November 4, November 18, December 2, December 16, 2025, and January 6, 2026, Regular City Council meetings - City Clerk’s Office (Pamela Christian 510-620-6513).

O.2 City Council
O.2.a Resolution in support of the Polluters Pay Climate Superfund Act of 2025 (Senate Bill 684/Assembly Bill1243)
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ADOPT a resolution in support of the Polluters Pay Climate Superfund Act of 2025 (Senate Bill 684/Assembly Bill1243) – Councilmember Claudia Jimenez (510-620-6565).

Councilmember Jimenez gave an overview. Jackson Colby and Mia Williams, Environmental Advocates from U.C. Berkeley gave a presentation.

The following individuals gave comments in person: Don Gosney, Dr.

Wendy Bernstein, Isabel Penman, Deborah Bayer, Rauly Butler, David Sharples, Melvin Willis, Brian Hubinger, and Janet Johnson.

The following individuals gave comments via Zoom: Michael Gilksohn, Heidi Harmon, Emma Ishi, Clair Brown, Mikhail Lake, Sean Stalbaum, Sarah Gao, Rod Fujita, Sonal Chakusari, Lujan Al-Saleh, Timothy Jeffries, Blair Nakamoto, Halle Brown, Jiyo Jeong, Kevin Wong, Lin Griffeth, Karuna Gray, Richard Katz, Mark Hughes, Mimi Spreadbury, Emily Ross, Pedro Ruiz, and Sara Cantor.

Following discussion, a motion to approve the item was passed and Resolution No. 150-25 was adopted.

Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Doria Robinson
Ayes (6): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Sue Wilson, and Vice Mayor Cesar Zepeda
Absent (1): Mayor Eduardo Martinez
Passed
O.3 Mayor's Office
O.3.a Appointment of Kelly Robinson to the Arts and Culture Commission APPOINT Kelly Robinson to the Arts and Culture Commission with a term that expires on January 31, 2027– Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.b Reappointment of Edward “Don” Thompson to the Economic Development Commission
REAPPOINT Edward “Don” Thompson to the Economic Development Commission with a term that expires on March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.c Reappointment of Diana Wear to the Economic Development Commission REAPPOINT Diana Wear to the Economic Development Commission with a term that expires on March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.d Reappointment of Michael Gliksohn to the Economic Development Commission
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REAPPOINT Michael Gliksohn to the Economic Development
Commission with a term that expires on March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.e Reappointment of Alice LoCicero to the Community Crisis Response Program Advisory Board
REAPPOINT Alice LoCicero to the Community Crisis Response Program Advisory Board with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.f Reappointment of Keri Sullivan to the Community Crisis Response Program Advisory Board
REAPPOINT Keri Sullivan to the Community Crisis Response Program Advisory Board with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.g Appointment of Amber Hatfield to the Community Crisis Response Program Community Advisory Board
APPOINT Amber Hatfield to the Community Crisis Response Program Community Advisory Board with a term that expires on December 31, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.h Appointment of Hope Dixon to the Community Crisis Response Program Advisory Board
APPOINT Hope Dixon to the Community Crisis Response Program Community Advisory Board with a term that expires on December 31, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.i Appointment of James Davis to the Historic Preservation Commission APPOINT James Davis to the Historic Preservation Commission with a term that expires on July 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.j Appointment of Danyell Manefee to the Community Police Review Commission
APPOINT Danyell Manefee to the Community Police Review
Commission, with a term that expires on November 1, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.3.k Appointment of Rauly Butler to the Workforce Development Board APPOINT Rauly Butler to the Workforce Development Board with a term that expires on March 1, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
O.4 Public Works
O.4.a Preliminary Engineering Services Agreement with RailPros Field Service, Inc for the Transformative Climate Communities Wellness Trail ADOPT a resolution and AUTHORIZE the Public Works Director and the City Engineer to execute a Preliminary Engineering Services Agreement between RailPros Field Services, Inc., a consultant for the Richmond Pacific Railroad Corporation, for the Transformative Climate Communities– Richmond Wellness Trail Phase 2 Project - Public Works Department (Hillal Hamdan 510-620-1612/Robert Armijo 510-620-5477). 351
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Adopted Resolution No. 151-25.
(Councilmember Robinson recused herself from voting on this item due to conflict of interest).

P. STUDY AND ACTION SESSION
P.1 Presentation from Levitree for Nature-Based Solutions for Sea-Level Rise RECEIVE a presentation from Levitree to learn about possible nature-based solutions to help Richmond’s shoreline with sea level rise and ground water infiltration - Vice Mayor Cesar Zepeda (510-620-6593). This item was continued from the July 1, 2025, meeting.
(Item was withdrawn from the agenda).

Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Councilmember Jimenez thanked City Manager Shasa Curl and the Multicultural Institute for their support during the recent Immigration and Customs Enforcement threats.

Councilmember Brown reported the following: she attended the 26th Annual Council of Business Shoreline Cruise; participated in the Guardians of Justice basketball tournament; announced the Futuro Healthcare mixer and enrollment event on October 29, 2025, in the lobby of 440 Civic Center Plaza.

Councilmember Bana announced that there was a theater called Central Stage on Central Avenue and invited the community to attend the plays at the theater.

Vice Mayor Zepeda reported the following: attended the Halloween Cops and Goblins event, the First Responders Luncheon; an electric vehicle event; the 23rd Street Trick or Treating event; the Parchester Village Halloween event; and the 2025 Woman of the Year event by Congressman Hohn Garamendi.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 8:58 p.m., to meet again on November 4, 2025, at 6:00 p.m.

Clerk of the City of Richmond Mayor
352

November 18, 2025
City Manager's Office
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lashonda White, Deputy City Manager – Community
Services
Yahna Williamson, Management Analyst
SUBJECT: Update on Black Resiliency Project and Fund
FINANCIAL IMPACT: There is no fiscal impact to receiving this status update.

City Council approved a total allocation of $1.5 million for (1) the development of a “State of Black Richmond”
consultant and report and (2) to support the
implementation of the Black Resiliency Project and Fund from the Fiscal Year 2025-26 General Fund Budget.

In addition, City staff time is required to support this work.

PREVIOUS COUNCIL
ACTION:

June 17, 2025
October 7, 2025

STATEMENT OF THE
ISSUE:

The City Council approved the creation of the Black
Resiliency Project and Fund in June 2025 to advance
equity and improve outcomes for Richmond’s Black
residents. Since approval, key components necessary for implementation are being developed — establishment of
a City Council/City Staff Ad Hoc Committee and a
Community Advisory Committee (CAC), and the
development of a City website and Request for Proposals (RFP) to produce the State of Black Richmond Report.

This report provides a progress update and outlines
proposed next steps toward implementing these
components.

AGENDA
REPORT
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November 18, 2025
RECOMMENDED ACTION: RECEIVE an update on the State of Black Richmond Report and Black Resiliency Fund – City Manager’s
Office (Lashonda White 510-620-6828/Yahna Williamson
510-650-6574).

DISCUSSION:

On June 17, 2025, the City Council approved the Establishment of the Black Resiliency Project and Fund (Fund) to address systemic inequities experienced by Richmond’s Black residents (Attachment 1).

On October 7, 2025, the City Council approved the Establishment of the Black Resiliency Project Ad Hoc Committee (Ad Hoc Committee). The Ad Hoc Committee, composed of Mayor Eduardo Martinez and Councilmember Doria Robinson, was created to collaborate with City staff in guiding the goals, structure, and implementation of the Fund. Its role includes interpreting the original intent of the fund, reviewing the consultant RFP for the State of Black Richmond Report, making recommendations regarding grant fund allocation and accountability, and serving as a liaison between staff, Council, and the community. The first meeting of Ad Hoc Committee occurred on November 6, 2025. The committee will remain active until implementation guidelines are finalized and adopted by City Council—anticipated within six (6) months of its formation, and no later than April 30, 2026.

The Committee will work on a timeline for the other key components of the work, as outlined in this update, and share dates on the City’s Black Resiliency Program webpage.

The table below describes the City Council direction and a brief status update for each item. In addition, the agenda report provides more details about key components necessary to implement the Black Resiliency Project and Fund.

City Council Direction Status Update
Budget Allocation: Allocate $1.5 million to
support the development of a State of Black
Richmond Report and to support the
implementation of a Black Resiliency Project
and Fund to address inequities and
disproportionate impacts experienced by
residents of African descent
The City allocated $1.5 million in the FY
2025-26 budget to begin the work.

City Staff Support: Assign City staff to
support the project’s implementation
Two (2) City staff have been selected to
support this project. Additional City staff
will join the team and support the
Council Ad Hoc Committee, as needed.

Community Advisory Committee (CAC):

Create a community advisory committee to
The composition, roles, and
responsibilities of the CAC are currently
being developed by City staff with
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November 18, 2025
oversee the project and propose
programmatic funding recommendations
support from the City Council Ad Hoc
Committee. Updates on the CAC and
application process will be shared on the
City’s Black Resiliency Project webpage
later in November 2025.

Consultant to Support Development of
Report: Hire a consultant to draw on
existing statistics and, if needed, conduct
research to establish vetted baseline data
on the State of Black Richmond.

City staff is working on the components
needed to develop a Request for
Proposals (RFP) to select a consultant to
develop the State of Black Richmond
Report. City staff is also gathering a
repository of internal and external
documents to assist in developing the
Report.

Development of a Fund and Program:

Create a Fund and Program that can
strategically allocate funds to programs and
projects that seek to directly improve one or
more of the negative disproportionate
impacts Richmond’s Black residents
experience. This work will include
opportunities for capacity building to support
and ensure the sustainability and efficacy of
organizations receiving funding and/or
engaging in the work regarding Black
resiliency.

The Fund and Program will not be
developed until the State of Black
Richmond Report is completed and
recommendations are shared with the
Council Ad Hoc Committee, the CAC,
the community and City Council. Based
on the report’s recommendations, City
staff will collaborate with the Ad Hoc
Committee and CAC to develop a
competitive grant program, capacity
building program, etc.

Continued Funding: Seek external funding
from philanthropic and other government
sources to continue the work into future
years
City staff are aware of this direction and
will research grants and other funding
opportunities to continue the work. City
staff can use its existing list of on-call
grant writers to support this effort.

Black Resiliency Fund Development
The Fund will leverage the $1.5 million allocation to build a sustainable, multi-year grant program that strengthens community organizations, encourages collaboration, and attracts additional investment. City staff intend for the Fund to serve as a pathway for long-term capacity building and to align with the City’s broader racial equity work. The Fund will be developed and released after the State of Black Richmond Report is completed.

Community Advisory Committee (CAC)
The CAC will serve as a standing body to ensure the Black Resiliency Project remains community-driven and transparent. The CAC will include 11 members, selected through an open application process and appointed by the Mayor and City Council to ensure 355

November 18, 2025
diverse geographic, professional, and lived experience representation. Their roles will include:
 Review and input on the draft consultant RFP before release  Partner with City staff and the consultant during development of the State of Black Richmond Report
 Later, collaborate on preliminary grant guidelines for community feedback To maintain transparency, individuals serving on CAC will not be eligible to receive Black Resiliency Fund grants. These members directly shape the framework and priorities of the Fund and therefore should refrain from applying for funding.

State of Black Richmond Report – Consultant RFP
City staff are considering components necessary to develop a request for Proposals (RFP) for a consultant to produce the State of Black Richmond Report. The City Council Ad Hoc Committee wants the CAC, once appointed, to assist in developing the RFP and selecting the consultant. The consultant will work with both the Ad Hoc Committee and CAC to ensure community perspectives are embedded throughout.

Per City Council direction, the report will compile available data, identify data gaps, and collect missing information to provide a comprehensive understanding of conditions affecting Richmond’s Black residents. The report will also include recommendations on equitable service provision, helping the City assess and improve internal systems and practices. The findings will directly inform the design of the Black Resiliency Fund Grant Program, ensuring future allocations are community-based, data-driven, and equityfocused.

Transparency, Outreach, and Information Sharing
Transparency and community engagement remain core priorities. A dedicated project webpage has been launched to share updates, meeting materials, timelines, and upcoming milestones regarding the Ad Hoc Committee, the Community Advisory Board, the RFP, the State of Black Richmond Report, and the grant program. City staff will also provide regular updates to the City Council at key phases of project development. Additional outreach will ensure residents and community-based organizations are informed and able to participate as the project progresses.

ATTACHMENTS:

Attachment 1 – City Council Agenda Item Regarding Establishment of the Richmond Black Resiliency Fund (June 17, 2025)
356

June 17, 2025
City Council
DATE: June 17, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Robinson
Councilmember Jimenez
Councilmember Wilson
Subject: Establish a Black Resiliency Project and Fund
FINANCIAL IMPACT: Approximately $1.5 million is needed for the development of a “State of Black Richmond” report; and to support the implementation of the Black Resiliency Project and Fund from the Fiscal Year 2025-26 General Fund Budget; and
City staff time to support this work.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Establish an initiative to examine the root causes for why Black residents, residents of African descent, experience disproportionate negative impacts and outcomes across
all categories for health, health access, education,
housing, home ownership, displacement, employment,
financial wellness, community and cultural cohesion,
victims of violent crime, police interactions and mental health in order to establish a baseline of data on the topic that is particular to Richmond, CA and to create a clear set of actionable recommendations to work towards
uprooting the conditions that allow these disparities to persist.

AGENDA
REPORT
357

June 17, 2025
RECOMMENDED ACTION: DIRECT City staff to work with the City Council to allocate approximately $1.5 million for the development of a “State of Black Richmond” report; and to support the implementation of a Black Resiliency Project and Fund
from the Fiscal Year 2025-26 General Fund Budget to
address inequities and disproportionate impacts
experienced by residents of African descent –
Councilmember Doria Robinson/Councilmember Claudia
Jimenez/Councilmember Sue Wilson (510-620-6743).

DISCUSSION:

In 2023 Richmond Confidential wrote, “In the past four decades, Richmond's Black population has dropped 41 percent. Nearly half of Richmond residents were African American in 1980. By 2020, only 18% were. The exodus has affected many families, whose children have left in search of safer, more affordable places to settle down.” During the past 50 years, we have seen the Black community in Richmond, and nationwide, experience persistent, disproportionate negative impacts in nearly all critical health, wellness, economic indicators.

For instance, in the 2023 Homeless Strategic Plan it is stated that “In Richmond, although people who identify as Black/African American make up 18% of the general population, they make up 57% of the population experiencing homelessness.” In Richmond, California, a significant portion of the African American population faces poverty, and a significant portion of homicide victims are African American males, often between 18 and 29 years old.

The data consistently shows that African American students in the West Contra Costa Unified School District, including Richmond, have lower graduation rates compared to their white counterparts.

In Contra Costa Counties Report on Health inequities states:
“In Contra Costa, the hospitalization rate for asthma for African American children (63/10,000) is almost five times that of White children (13/10,000). Most of the homicide deaths in Contra Costa occurred among African Americans (107), followed by Whites (37), Hispanic/Latinos (19), Asians (14), and others (6).…African Americans and Latinos, as well as people living in San Pablo, Richmond, and Pittsburg, are more likely to die from diabetes compared to the county overall.”
Residents of African descent, experience disproportionate impacts and outcomes across all categories for health, health access, education, housing, home ownership, 358

June 17, 2025
displacement, employment, financial wellness, community and cultural cohesion, victims of violent crime, police interactions and mental health.

Some would like to believe that there is something essentially wrong with African Americans that lead to these outcomes, but research shows that in fact these disproportionate impacts are often driven by systemic disinvestment, conscious and unconscious bias and structural exclusion of African Americans from critical services and systems (e.g., economic, education, health, etc.).

It is past time that the City of Richmond explores how we can better serve disproportionately impacted segments of our community and directly address clear inequities and their impact, especially now as the City of Richmond emerges from decades of financial struggles, where Black residents especially, but not exclusively, experienced the brunt of a lack of investment in critical infrastructure, services, youth development, education, parks, health care, affordable housing and employment.

This item seeks to gather statistics, and conduct research if needed, in order to create a clear data supported picture of the current and historic challenges that the African American residents have faced and continue to face as they try to raise families, create a home and live their lives in Richmond, California.

It will ask questions such as 1) Are there supporting institutions that other segments of our populations have established to support community wellness, cultural integrity and support the youth development such as African American Cultural Centers, African American Health Centers, African American Chambers of Commerce and if they existed at one time but no longer exist how can they be reestablished to support current African American residents?
It will also make recommendations to the City Council and City staff on how they can make changes in service evaluation, design and delivery to better serve this clearly vulnerable population.

It will establish a fund to begin resourcing community-based programs and projects that seek to directly engage in reversing these disproportionate impacts. In order to further increase the capacity of local organizations to meet the needs of those within the Black Community experiencing these disproportionate impacts the fund will also work with philanthropy to resource and convene a capacity building, coaching and interorganizational mentoring grantee cohort.

And finally, it will establish a community advisory council composed of Richmond residents of African descent, key stakeholders, city staff and councilmembers to guide, advise and provide oversight and guidance for this project.

Direct staff to work with City Council to:

1. Hire a consultant to draw on existing statistics and conduct research if needed to establish vetted baseline data on the State of Black Richmond. This should 359

June 17, 2025
include meaningful, non-repetitive community engagement. Then write and publicly release the 1st State of Black Richmond Report to inform residents, stakeholders and policy makers of the challenges that continue to face this community. The report will especially, but not exclusively, examine current and historical access and barriers to access of City services and include recommendations for improving equitable access, as well as recommendations to improve outcomes across indicator categories for Black Richmond residents.

Release a Request for Proposal (RFP) within 3 months of approval of this agenda item. Follow-up reports should be scheduled and resourced every three years to evaluate progress towards recommended goals.

2. Allocate approximately $1.5 million for the development of a “State of Black Richmond” report; and to support the implementation of the Black Resiliency Project and Fund from the Fiscal Year (FY) 25-26 General Fund Budget to address inequities and disproportionate impacts experienced by residents of African descent as described in this Agenda Item.

3. Recommend a structure to City Council that includes the use of RFPs and a community grant program that can strategically allocate funds to programs and projects that seek to directly improve one or more of the negative disproportionate impacts Richmond’s Black residents experience. Bring this implementation recommendation back to the City Council within 3 months of item approval. Please note: In order to build community capacity to address the specific challenges faced by Richmond’s Black community the community grant program will also work with philanthropy to secure resources to create grantee cohorts where additional organizational capacity building, coaching and interorganization mentorship can be offered and nurtured to further strengthen the ecosystem of organizations capable of deeply addressing this issue.

4. Create a community advisory committee to oversee the project and propose programmatic funding recommendations, recommend adjustments and improvements to its operations as the project proceeds.

5. Assign staff to support the project’s implementation who have time available to move this project without delay.

6. Seek external funding from philanthropic and other government sources to continue the work into future years until significant progress is made towards reversing inequitable impact trends.
360

November 18, 2025
Community Development
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Subject: Contract Amendment No. 2 with Pronto, Inc., dba Infilla FINANCIAL IMPACT: The proposed amendment increases the payment limit by of $125,000, for a total payment limit of $134,995. The proposed $125,000 expenditure will be funded through
applicant fees and is included within the approved fiscal year 2025-2026 Community Development budget
(Account String: 15061219-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Community Development Department’s Planning
Division is seeking approval of Contract Amendment No.
2 with Pronto, Inc., dba Infilla, to create a Forum
Software for planners to document interpretations of the Zoning Ordinance & a Fee Calculator module for the
public, increasing the contract amount by $125,000 and
extending the term through June 30, 2030.

RECOMMENDED ACTION: APPROVE a second amendment to the contract with Pronto, Inc. dba Infilla to add an additional $125,000, for a total payment limit of $134,995, and extending the term through June 30, 2030, to create a Forum Software for
planners to document interpretations of the Zoning
Ordinance & a Fee Calculator module for the public, to
be paid using applicant fees – Community Development
Department (Lina Velasco/Avery Stark 510-620-6706).

AGENDA
REPORT
361

November 18, 2025
DISCUSSION:

The proposed second amendment to the contract with Pronto, Inc. (dba Infilla) supports the City’s ongoing efforts toward digital modernization, transparency, and housing production, aligning with recent State legislation and City Council priorities.

The Infilla Forum and Fee Calculator tools directly advance the City’s goals to streamline customer service, retain institutional knowledge, and ensure compliance with Assembly Bills (AB) 1820 and 3012, which require greater fee transparency and housing cost accountability. These tools help implement the City’s Digital Service Strategy, Housing Element Implementation Program (H-6: Streamlined Permit Processing), and the Economic Development Action Plan by improving consistency, accessibility, and efficiency within Planning and Building Division operations.

Since launch, Richmond has experienced strong early engagement with both tools, reflecting the same success seen in peer jurisdictions. The Forum has quickly become a trusted, searchable knowledge base—hosting hundreds of staff discussions and over a hundred public FAQs—while the Fee Calculator has demonstrated robust public use, confirming its value in supporting housing applicants and community transparency.

Across other city deployments—including San Francisco, Sonoma County, the New York City Department of Buildings, and El Segundo—Infilla’s platform has proven to enhance communication between staff and applicants by shortening feedback loops and establishing a transparent, shared source of truth. Agencies using the Forum report measurable reductions in repetitive inquiries and greater consistency in public messaging. Similarly, cities using the Fee Calculator, such as San Francisco and Mountain View, are leveraging it to meet State compliance requirements while transforming static fee schedules into dynamic, easy-to-navigate public tools.

Together, these digital solutions promote:
 Improved public access to planning information through the Forum’s searchable FAQs, reducing counter traffic and staff email volume.
 Accurate and transparent impact fee calculations, ensuring equity for applicants and compliance with State mandates.
 Operational continuity by capturing institutional knowledge and supporting consistent service delivery during staff transitions.
 Enhanced data-driven decision-making, as quarterly Forum reports highlight recurring code or policy questions that can inform future Municipal Code and General Plan updates.

By extending this contract, the City continues to build on a proven platform that not only advances Richmond’s internal efficiency and housing facilitation goals but also positions it among leading jurisdictions embracing modern, data-driven, and community-focused digital service delivery.

DOCUMENTS ATTACHED:
362

November 18, 2025
Attachment 1 – Original Contract
Attachment 2 – Amendment No. 1
Attachment 3 – Proposed Amendment No. 2
363

CITY OF RICHMOND

SHORT FORM CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

1. Parties. The parties to this Agreement are the City
of Richmond (herein referred to as the “City”) and the
following named Contractor:
(Company)
(Street Address)
(City State, Zip Code)
(Contract Person)
(E-mail)
(Telephone)
(Fax Number)
Richmond Business License No.

Expiration Date:

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

3. Payment Limit. City’s total payment to Contractor
under this Agreement shall not exceed ($10,000.00)
including expenses unless a contract amendment has
been approved by the City Council or City Manager.

4. City’s Obligations. City shall pay the Contractor a
not to exceed amount of $
as total payment for all services rendered.

5. Location of Services. Contractor shall perform the
services set forth herein at the following location: ___________________________________________

6. Contractor’s Obligations.

To the satisfaction of the City’s Project
Manager, Contractor shall provide the
following services:

7. Supplemental Conditions. This
Contract is subject to the Supplemental
Conditions and Special Conditions (if
applicable) attached hereto, which are
incorporated herein by this reference.

8. Insurance Provisions. This Contract is
subject to the Insurance Provisions which
are attached hereto and are incorporated
herein by this reference.

9. Signatures. These signatures attest the
parties’ agreement hereto:

CITY:

CITY OF RICHMOND, CA
a municipal corporation
By:

City Manager or Designee Signature
CONTRACTOR:

By:

Signature Date:

Short Form Contract/EJ/TE 11-30-07
Community Development Lina Velasco
[email protected] (510) 620-6706
16579 / 7085
Infilla will create a Forum Software for planners to document interpretations of the Zoning Ordinance & a Fee Calculator module for the public.

Pronto, Inc., dba Infilla
1144 Haight Street
San Francisco, CA 94117
Jenny Song
[email protected]
(315) 396-5518
N/A
N/A
July 1, 2024
June 30, 2025
9,995.00
Richmond, CA
Forum Software attached dated May 2024.

Contractor shall complete all items in the
attached scope.
364
365
366
367
For the Contract between the City of
Richmond and
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SUPPLEMENTAL CONDITIONS

1. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.

2. This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.

3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.

4. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.

5. Contractor shall indemnify, defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.

6. Contractor agrees to observe all applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.

7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.

8. If this Contract does exceed five thousand dollars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

Pronto, Inc., dba Infilla
368
For the Contract between the City of
Richmond and
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SPECIAL CONDITIONS
Pronto, Inc., dba Infilla
The Supplemental Conditions of the Short Form Contract are hereby amended to include the following modifications:

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 A, prior to the execution of this Agreement. 369

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services." Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020) 370
For the Contract between the City of
Richmond and
Short Form Contract Insurance Provisions/EJ/TE 11-30-07

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Pronto, Inc., dba Infilla
371
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements Type 8:

IT and Cyber Risks
Type 1 Page 1 of 4
Revised: June 2023
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

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

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

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

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

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

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

4. coverage.

5. Original and Separate Waiver of Subrogation for
Construction Insurance.

6. Cyber Liability Insurance
Required Coverage Minimum Limits
Workers Compensation and
Employers Liability
Statutory limits as required by the State of California including $1 million Employers Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61. General Liability (primary and excess limits
combined) PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
372
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements Type 8:

IT and Cyber Risks
Type 1 Page 2 of 4
Revised: June 2023
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

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

Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Same limits as General Liability.

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

Additional Insured Endorsement
Additional Insured Endorsement
(continued)
Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory
to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from 373
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements Type 8:

IT and Cyber Risks
Type 1 Page 3 of 4
Revised: June 2023
the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
vide a Waiver of Subrogation in favor of the City
for Workers Compensation
coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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

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

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

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

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

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

Continuous Coverage
374
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements Type 8:

IT and Cyber Risks
Type 1 Page 4 of 4
Revised: June 2023
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

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

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
375

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC # NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS: PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$ N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Vouch Insurance Services, LLC
Vouch Specialty Insurance Services, LLC
3739 Balboa St, #1073
San Francisco, CA 94121
Pronto, Inc. (dba Infilla)
1144 Haight Street
San Francisco, US-CA 94117
12831
06/2 /2024
(415) 366-2758
State National Insurance Company
John Wallace
(415) 488-6728
[email protected]
HDG.BOP.24.VZR6-DRGL X
X
A Y
X X HDG.BOP.24.VZR6-DRGL
06-15-2024 06-15-2025
06-15-2024 06-15-2025
1,000,000
100,000

EXCLUDED
2,000,000
2,000,000
1,000,000
A
10,000 X
Y
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 376
377
378
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #: AGENCY CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:
379
380
381
DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

Amendment No. _1__ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment. 382
DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
383
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________ Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
384
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is ________________________________________________________ (Insert Contract Effective Date)
and it terminates ___________________________________________________. (Insert new Contract termination date) unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Contract is
amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) 385
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
386
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

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

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

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61. Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 387
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
388
389
390
391
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DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Community Development Avery Stark [email protected] 510-620-6706 16579 7085 Infilla will create a Forum Software for planners to document interpretations of the Zoning Ordinance & a Fee Calculator module for the public.
2 Pronto, Inc., dba Infilla 1144 Haight Street San Francisco, CA 94117 Jenny Song (315) 396-5518 [email protected] 40068741dba Infilla July 19, 2024 July 1, 2024 June 30, 2025 $9,995.00 393
DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
Pronto, Inc., dba Infilla
394
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
June 19, 2025 June 30, 2026 125,000 134,995 June 30, 2030 395
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
July 1, 2024 June 30, 2030 ■ 125,000 134,995 ■
See Scope of Work Attached.
396
1 Scope of Work
City of Ric hmond
Exe c utive Summa ry

In the summer of 2024, the Community Development Department of the City of Richmond engaged Infilla to provide 2 digital tools which serves both Planning and Building Divisions in:
● Forum (vie ws : inte rnal, public -fac ing)
○ Providing a c e ntral knowle dge bas e during 20 24 + 20 25 s taff turnove r. ○ Re duc ing re pe titive que s tions for manage rs .
○ Supporting annua l munic ipal c ode c le an- up
○ Publis hing public FAQs , e as ily update d without IT s upport. ● Calculator (vie ws : inte rnal, public -fac ing)
○ Enabling s taff and applic ants to s ave time & c alc ulate impac t fe e s ac c urate ly. ○ Ens uring c omplianc e with the re quire me nts of AB 1820 and AB 30 12. ○ Ide ntifying and c orre c ting c onfus ing or mis applie d fe e s c he dule s .

In 20 24 , Ric hmond pilote d Infilla at a ve ry dis c ounte d annual pric e of $ 9,995 with fre e imple me ntation and training. Sinc e the n, Infilla has e xpa nde d its tools to de live r e ve n gre ate r value . This doc ume nt outline s the propos e d s c ope for a longe r-term contrac t, building on the success of the 1- ye ar pilot.
397
2 Scope of Work
In the ne xt wave of work, Infilla will:
● Forum
○ Train and onboard the Building Divis ion to us e the Forum. ○ Enable the public to s ubmit que s tions dire c tly through the Forum, re duc ing e mail and pe rmit c e nte r vis its .
○ Provide quarte rly re ports highlighting c ode are as of fre que nt c onfus ion for training and c ode update s .
● Calculator
○ Update the Calc ulator annually to re fle c t ne w ne xus s tudie s and the late s t fe e s c he dule .
○ Ens ure impac t fe e c a lc ulations re main ac c urate and aligne d with Ric hmond’s adopted standards.

Benefits
● Fas te r c us tome r s e rvic e with inc re as e d trans pare nc y & re duc e d e mail / walk-in volume . ● Re taine d knowle dge during s taff c hange s and inc re as ing s tate law re quire me nts . ● Ac c urate , more c ompre he ns ive fe e c alc ula tions for both s taff and applic ants . ● State law c omplianc e with AB 1820 and AB 30 12.

Pricing
$25,000 per year for a 5- ye ar c ontrac t. This is s ignific antly c he a pe r than the pric e pe r tool that othe r juris dic tions are paying & inc lude s produc t improve me nts /upgrade s , hands- on support, mainte nanc e , and training.

Ab out Infilla
Infilla is the firs t and only polic y and data - c e ntric s oftware for planne rs , on a mis s ion to make more hous ing happe n fas te r. Bas e d on 10 0 0 + hours of us e r re s e arc h with 30 0 + s taff and applic ants in 50 + juris dic tions , Infilla’s s oftware s upports planning and building de pa rtme nts to be more e ffic ie nt, c ons is te nt, trans pare nt, and c ompliant.

Curre ntly working with munic ipalitie s s uc h as San Franc is c o, Ne w York City, Sonoma County, Mountain Vie w, and El Se gundo. The te a m brings a c ombine d 50 + ye ars of e xpe rie nc e building mode rn s oftware s olutions for the public and private s e c tor. 398
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
399
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 400
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
401

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Vouch Insurance Services, LLC
Vouch Specialty Insurance Services, LLC
3739 Balboa St, #1073
San Francisco, CA 94121
Pronto, Inc. (dba Infilla)
1144 Haight Street
San Francisco, US-CA 94117
12831
05/19/2025
(415) 366-2758
State National Insurance Company
The City of Richmond, its officers, officials, employees, agents and volunteers 450 Civic Center Plaza
Richmond, CA 94804
John Wallace
(415) 488-6728
[email protected]
HDG.BOP.25.7KRK-0DWV
X
X
A Y
X X
HDG.BOP.25.7KRK-0DWV
06-15-2025 06-15-2026
06-15-2025 06-15-2026
1,000,000
100,000

EXCLUDED
2,000,000
2,000,000
1,000,000
A
10,000
See Additional Remarks Schedule
X
Y
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See Additional Remarks Schedule
402
AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
Vouch Insurance Services, LLC
Vouch Specialty Insurance Services, LLC

NAMED INSURED
Pronto, Inc. (dba Infilla)
1144 Haight Street
San Francisco, US-CA 94117 POLICY NUMBER
Policy Number

CARRIER
Refer to page 1 for full list

NAIC CODE
EXPIRATION DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: Acord 25 (06/13) FORM TITLE: Certificate of Liability ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Businessowners Policy HDG.BOP.25.7KRK-0DWV includes a waiver of subrogation for any person or organization that Pronto, Inc. (dba Infilla) enters into a written contract with and such contract requires the coverage provided by the endorsement (BP 04 97).

Additional Insured endorsement (BP 04 48) issued for: The City of Richmond, its officers, officials, employees, agents and volunteers (effective 06/15/2025).

Provided, however, The City of Richmond, its officers, officials, employees, agents and volunteers is an additional insured only to the extent that liabilities fall within obligations of Pronto, Inc. (dba Infilla) to indemnify such additional insured pursuant to a written agreement.

Businessowners policy (HDG.BOP.25.7KRK-0DWV) issued to Pronto, Inc. (dba Infilla) shall be primary and noncontributory with any other insurance available to The City of Richmond, its officers, officials, employees, agents and volunteers provided that The City of Richmond, its officers, officials, employees, agents and volunteers is a Named Insured under such other insurance and Pronto, Inc. (dba Infilla) agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to The City of Richmond, its officers, officials, employees, agents and volunteers.
403
POLICY NUMBER: BUSINESSOWNERS
HDG.BOP.25.7KRK-0DWV BP 04 48 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 48 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON

OR ORGANIZATION
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

The City of Richmond, its officers, officials, employees, agents, and volunteers (effective 06/15/2025).

Provided, however, The City of Richmond, its officers, officials, employees, agents, and volunteers are additional insureds only the extent that liabilities fall within obligations of Pronto, Inc. (dba Infilla) to indemnify such additional insureds pursuant to a written agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Liability is amended as follows:

A. The following is added to Paragraph C. Who Is An
Insured:

3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those
acting on your behalf in the performance of your
ongoing operations or in connection with your
premises owned by or rented to you.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Paragraph D. Liability And Medical Expenses
Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits Of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits Of Insurance shown in the Declarations.
404
POLICY NUMBER: HDG.BOP.25.7KRK-0DWV BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
The following is added to Paragraph H. Other
Insurance of Section III – Common Policy
Conditions and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:

1. The additional insured is a Named Insured
under such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.
405

November 18, 2025
Community Development
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Subject: Authorize Contracts for On-Call Civil & Land
Development Plan Check and Inspection Services
FINANCIAL IMPACT: The proposed cost for on-call services will be funded through applicants’ fees, comprehensive planning fees,
capital improvement project funds, and/or grants.

Appropriations are included within the approved Fiscal
Year 2025-2026 budget and will be budgeted accordingly
in subsequent fiscal year budgets. Approval of these
contracts will not result in an additional appropriation of funds. Payment resources shall be identified prior to
engaging each firm. The payment limit for each contract shall not exceed $500,000 per firm (Accounting String:
15061219-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Community Development is requesting authorization to
establish an on-call list of civil & land development plan check and related inspection services firms to expedite the contracting of these services when needed for
specific City and private development projects.

RECOMMENDED ACTION: ADOPT a resolution authorizing on-call Civil & Land Development Plan Check and Related Inspection
Services contracts with: (1) 4Leaf, Inc.; (2) Bureau
Veritas; (3) CSG Consultants; (4) Ghirardelli Associates; and (5) West Coast Code Consultants (WC3) for asneeded services, in an amount not to exceed $500,000 per firm, from November 18, 2025, to June 30, 2028, with AGENDA
REPORT
406

November 18, 2025
two additional one-year extension options - Community
Development Department (Lina Velasco/Avery Stark 510-
620-6706).

DISCUSSION:

On August 4, 2025, the City issued a Request for Qualifications (RFQ) for On-Call Civil & Land Development Plan Check and Related Inspection Services. The RFQ was posted on the City's BidsOnline System, and 597 vendors were notified (Attachment 1).

Of the firms that were notified, 38 firms downloaded the RFQ, and 6 firms responded.

The responses were reviewed by a panel consisting of staff from Community Development and Public Works - Engineering. While all respondents were considered qualified, the RFQ specified the City would contract with up to five firms. The following five firms are recommended for the on-call list:

1. 4Leaf, Inc.

2. Bureau Veritas

3. CSG Consultants

4. Ghirardelli Associates

5. West Coast Code Consultants (WC3)
Qualifications were rated based on the firm’s general experience and qualifications information, the experience of key personnel and references, the service approach and understanding, and the cost & hourly rate for all key personnel (Attachment 2).

Each service contract will be for an amount not to exceed $500,000 over a three-year period, with two one-year options to extend the term. Firms on the on-call list will be selected to perform specific project-related work based on their project-related experience and availability. On-call service contracts will allow the City to provide necessary review and project evaluation services in an efficient and timely manner.

These contracts will reduce staff costs and eliminate the three to four-month process required to select consultants on a project-by-project basis. No work is guaranteed to be provided by the City to any firm listed on the on-call list.

SYNERGISTIC POLICIES:

The establishment of the on-call list for Civil and Land Development Plan Check and Related Inspection Services supports several adopted City policies and initiatives aimed at improving operational efficiency, housing delivery, and regulatory compliance. These on-call consultant contracts align with the City’s strategic goals for effective service delivery and timely project review, which are central to achieving the objectives outlined 407

November 18, 2025
in the General Plan 2030, Housing Element (2023–2031), and the City’s Economic Development Action Plan.

By streamlining the consultant selection process, these agreements advance the City’s ongoing efforts to:
 Enhance Service Efficiency: Allow Planning and Public Works staff to respond more quickly to workload demands, reducing turnaround times for development and capital improvement project reviews.
 Support Housing Production and Economic Growth: Provide the necessary technical capacity to process private development applications consistent with State housing laws such as SB 330 and SB 35, thereby supporting the City’s RHNA targets and Housing Element implementation.
 Ensure Fiscal and Regulatory Accountability: Enable cost recovery through applicant-funded plan review services and ensure compliance with adopted engineering standards, the Richmond Municipal Code, and the City’s stormwater, grading, and subdivision regulations.
 Promote Interdepartmental Coordination: Strengthen collaboration between the Community Development and Public Works Departments, improving the consistency and quality of plan review and inspection services citywide.

These actions collectively advance City Council priorities related to Good Governance, Sustainable Infrastructure, and Housing and Neighborhood Services, while improving customer experience through predictable and transparent review timelines.

DOCUMENTS ATTACHED:

Attachment 1 – BidsOnline Report
Attachment 2 – Rating Matrix
Attachment 3 – Resolution Approving On-Call Civil and Land Development Plan Check and Related Inspection Services Contracts
408
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
409
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
410
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
411
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
412
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
413
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
414
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
415
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
416
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
417
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
418
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
419
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
420
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
421
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
422
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
423
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
424
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
425
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
426
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
427
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
428
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
429
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
430
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
431
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
432
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
433
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
434
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
435
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
436
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
437
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
438
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
439
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
440
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
441
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
442
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
443
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
444
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
445
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
446
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
447
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
448
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
449
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
450
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
451
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
452
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
453
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
454
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
455
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
456
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
457
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
458
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
459
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
460
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
461
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
462
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
463
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
464
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
465
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
466
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
467
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
468
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
469
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
470
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
471
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
472
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
473
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
474
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
475
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
476
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
477
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
478
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
479
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
480
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
481
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
482
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
483
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
484
City of Richmond
On-call Civil & Land Development Plan Check and Related Inspection Services - RFQ (CD #08042025), bidding on 08/25/2025 4:00 PM (PDT)

Printed 09/11/2025
PlanetBids
485
Vendor Name Reviewer 1 Reviewer 2 Reviewer 3 Total Rank 1 4Leaf, Inc. 86 91 86 263 2
2 Avila Project Management (APM) 73 76 72 221 6
3 Bureau Veriatas 82 89 84 255 4
4 CSG Consultants 87 90 89 266 1
5 Ghirardelli Associates 81 89 81 251 5
6 West Coast Code Consultants
(WC3) 82 90 86 258 3
Request for Qualifications (RFQ)
September 11, 2025

ON-CALL CIVIL & LAND DEVELOPMENT PLAN CHECK AND RELATED INSPECTION SERVICES 486
Reso. No. _____
Page X
RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING ON-CALL CIVIL AND LAND DEVELOPMENT

PLAN CHECK AND RELATED INSPECTION SERVICES CONTRACTS FOR AN AMOUNT NOT TO EXCEED $500,000 PER VENDOR OVER A THREE-YEAR

PERIOD WITH TWO ONE-YEAR OPTIONS TO EXTEND
WHEREAS, the Community Development Department anticipates requiring services for Civil and Land Development Plan Check and Related Inspection Services; and WHEREAS, the project-by-project bidding process for these services can take up to four months and involves significant per-project staff time and costs; and WHEREAS, the Community Development Department has demonstrated that the use of professionals drawn from a list of on-call service firms that have undergone a competitive process, eliminates much of the delay and costs associated with project-by-project bidding; and WHEREAS, on August 4, 2025, the Community Development Department issued a Request for Qualifications (RFQ) for on-call Civil and Land Development Plan Check and Related Inspection Services through the City’s BidsOnline system; and WHEREAS, 597 firms were notified, and 38 firms downloaded the RFQ; and WHEREAS, 6 firms responded to the RFQ, and all were reviewed by a panel consisting of staff members from the Community Development Department and Public Works- Engineering; and
WHEREAS, in evaluating the qualifications, the panel evaluated the responses on the firm’s general experience and qualifications information, the experience of key personnel and references, the service approach and understanding, and the cost & hourly rate for all key personnel; and WHEREAS, the firms recommended for the Civil and Land Development Plan Check and Related Inspection Services on-call list are:
1 4Leaf, Inc.
2 Bureau Veritas
3 CSG Consultants
4 Ghirardelli Associates
5 West Coast Code Consultants (WC3); and
WHEREAS, each on-call service contract would be for an amount not to exceed $500,000, over a three-year period, with an two one-year options to extend; and WHEREAS, firms on the on-call list will be selected to perform specific project-related work based on their project-related experience and availability to complete the work; and WHEREAS, the Community Development Department will manage the contracts, and the costs of each contract will be paid by applicant fees, as well as grants, and/or comprehensive planning fees.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes the Community Development Department to enter into Service Contracts for On-call Civil and Land Development Plan Check and Related Inspection Services with the above-mentioned firms for an amount not to exceed $500,000 per vendor over a three-year period, with two one-year options to extend.
******************
I certify that the foregoing resolution was passed and adopted by the City Council of the 487
Reso. No. _____
Page X
City of Richmond at a regular meeting thereof held on ___________by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
488

November 4, 2025
Community Development
DATE: November 4, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Nicole A. Heath, Supervising Accidental Release
Prevention Engineer, CCHS
Subject: Annual Report for Richmond Industrial Safety Ordinance FINANCIAL IMPACT: There is no fiscal impact for receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Pursuant to Richmond Municipal Code (RMC) Section

6.43.160, Contra Costa Health (CCH) shall provide an
annual performance review and evaluation of the
previous year’s activities related to the Richmond
Industrial Safety Ordinance (RISO). CCH is providing the annual report covering the Fiscal Year 2024 (July 1, 2023 - June 30, 2024) activities to the Richmond City Council.

RECOMMENDED ACTION: RECEIVE the 2024 Fiscal Year Annual Performance Review and Evaluation Report from Contra Costa Health
regarding the Richmond Industrial Safety Ordinance
report pursuant to Richmond Municipal Code Section

6.43.160 - Community Development Department (Lina
Velasco 510-620-6706).

DISCUSSION:

Pursuant to Richmond Municipal Code (RMC) Section 6.43.160, Contra Costa Health (CCH) shall annually review its activities to implement the Richmond Industrial Safety Ordinance (RISO) and to evaluate the effectiveness of the chapter in achieving its AGENDA
REPORT
489

November 4, 2025
purpose and goals. The RISO specifies that the annual performance evaluation shall be provided to the City Council on or before October 31 of each year.

Specifically, RMC Section 6.43.160(b)(1)-(7) specifies that the annual performance review and evaluation shall contain the following:
(1) A brief description of how Contra Costa Health is meeting the requirements of this chapter as follows:
(A) Effectiveness of Contra Costa Health's program to ensure stationary source compliance with this chapter;
(B) Effectiveness of the procedures for records management; (C) Number and type of audits and inspections conducted by Contra Costa Health pursuant to this chapter;
(D) Number of root cause analyses and/or incident investigations conducted by Contra Costa Health;
(E) Contra Costa Health's process for public participation; (F) Effectiveness of the public information bank, including status of electronic accessibility;
(G) Effectiveness of the hazardous materials ombudsperson; and (H) Other required program elements necessary to implement and manage this chapter;
(2) A listing of all stationary sources covered by this chapter and, commencing on January 1, 2025, all tank terminals covered by this chapter, including for each:
(A) The status of the safety plan and program of each stationary source and tank terminal;
(B) A summary of all safety plan updates and a listing of where the safety plans are publicly available;
(C) The annual accident history report submitted under Section 6.43.090(e)(2) or Section 6.43.095(d)(2) of this chapter;
(D) A summary, including the status, of any root cause analyses conducted or being conducted under this chapter by the stationary source or tank terminal, including the status of implementation of recommendations; (E) A summary, including the status, of any audits, inspections, root cause analyses and/or incident investigations conducted or being conducted by Contra Costa Health pursuant to this chapter, including the status of implementation of recommendations;
(F) Description of inherently safer systems implemented by stationary sources; (G) Legal enforcement actions initiated by Contra Costa Health, including administrative, civil, and criminal actions pursuant to this chapter; (H) Process safety performance indicators reported by the stationary source as required under Section 6.43.090(a)(13)(D)(i) or safety performance indicator reported by the tank terminal as required under Section 6.43.095(a)(8)(D)(i) of this chapter;
(3) Total penalties assessed as a result of enforcement of this chapter; (4) Total fees, service charges, and other assessments collected specifically for the support of this chapter;
490

November 4, 2025
(5) Total personnel and personnel years utilized by the jurisdiction to directly implement or administer this chapter;
(6) Comments from interested parties regarding the effectiveness of the local program that raise public safety issues;
(7) The impact of this chapter in improving industrial safety.

There is now one petroleum refinery in Richmond covered by the RISO, Chevron Richmond Refinery. Chemtrade West Richmond Works modified its processes and is no longer subject to the RISO.

The City of Richmond modified the RISO in October 2024 to expand process safety requirements to cover Tank Terminals not otherwise included within petroleum or renewable fuel refineries. There were a total of four (4) tank terminals covered by the RISO:

Tank Terminal Name Location
Phillips 66 Richmond Terminal 1300 Canal Blvd., Richmond TransMontaigne- Richmond Terminal 488 Wright Ave., Richmond Kinder Morgan Liquids Terminals, LLC
Richmond Products Terminal
1306 Canal Blvd., Richmond
IMTT 100 Cutting Blvd., Richmond
No RISO covered facilities were subject to audit this past year. There were also no Major Chemical Accidents or Releases (MCAR) events from RISO-regulated facilities during this reporting year.

During this period, CCH Hazardous Materials Program (CCHMP) completed working with an oversight committee regarding the incident investigation of the Chevron February 9, 2021, wharf oil spill incident.

Impact of the RISO on Improving Industrial Safety
The RISO is one of four programs that work together to reduce the risk of accidental release from a regulated stationary source that could impact communities in Contra Costa County. Each of the programs is very similar in requirements. Those programs are:
• The Process Safety Management Program administered by California Occupational Safety and Health Program
• The Federal Accidental Release Prevention Program administered by the U.S.

Environmental Protection Agency
• The California Accidental Release Prevention Program administered by CCHHMP • The Richmond Industrial Safety Ordinance, also administered by CCHHMP.

The RISO was modified in October 2024 to expand process safety requirements to cover Tank Terminals not otherwise included within petroleum or renewable fuel refineries. The expansion of the RISO was a direct result of a fire at a tank terminal 491

November 4, 2025
located near Crockett in Contra Costa County in October 2019. The RISO modification resulted in separate RISO requirements for Tank Terminals that are different than what is required for Stationary Sources. The differences in the regulatory requirements for Tank Terminals reflects the relatively lower risk they pose to the public compared to Stationary Sources.

SYNERGISTIC POLICIES:

The Richmond Industrial Safety Ordinance aligns with General Plan 2030 Policy SN1.3 Hazardous Materials Operations which specified the City should “require safe production, transportation, handling, use and disposal of hazardous materials that may cause air, water or soil contamination. [The City should] encourage best practices in hazardous waste management and ensure consistency with City, West Contra Costa County and OSHA guidelines, standards and requirements.” DOCUMENTS ATTACHED:

Attachment 1 – June 2025 RISO Report
492

INDUSTRIAL SAFETY ORDINANCE

ANNUAL PERFORMANCEREVIEW

AND EVALUATION REPORT
April 2023
By Contra Costa Health Hazardous Materials Programs

RICHMOND INDUSTRIAL SAFETY

ORDINANCE ANNUAL

PERFORMANCE REVIEW AND

EVALUATION REPORT
June 2025
By Contra Costa Health
Hazardous Materials Programs
493
2 Table of Contents
ExecutiveSummary.................................................................................................................................................................................................................................................................3 PublicParticipation................................................................................................................................................. 3 Audits.................................................................................................................................................. 3 MajorChemicalAccidentsorReleases..................................................................................................................... 4 Conclusion.............................................................................................................................................................. 4 Introduction............................................................................................................................................................ 4 General Responsibilities ........................................................................................................................................... 6 Hazardous Materials Programs................................................................................................................................. 6 Stationary Sources................................................................................................................................................... 6 Tank Terminals......................................................................................................................................................... 6 County Industrial Safety Ordinance.......................................................................................................................... 6 Tank Terminal Listing.............................................................................................................................................. 7 StatusofSafetyPlansandPrograms ......................................................................................................................... 7 Locations of the Regulated Stationary Sources and Tank Terminals Safety Plans.................................................. 8 Effectiveness of Implementation of the Industrial Safety Ordinance..................................................................... 9 EffectivenessoftheProceduresforRecordsManagement....................................................................................... 9 Number andTypeof AuditsandInspectionsConducted........................................................................................... 9 Third Party Evaluations Conducted by Hazardous Materials Programs................................................................ 10 CCHHMP's Process for Public Participation..................................................................................................... 11 EffectivenessofthePublic InformationBank......................................................................................................... 11 Effectivenessof the Hazardous Materials Ombudsperson ................................................................................... 11 Other Program Elements Necessary to Implement and Manage the RISO........................................................... 11 Annual Accident History Report and Inherently Safer Systems Implemented as Submitted by the RegulatedStationarySources................................................................................................................................ 11 StatusoftheIncidentInvestigations,IncludingtheRootCauseAnalyses ConductedbytheRegulated StationarySources ................................................................................................................................................ 13 MajorChemicalAccidentsorReleases ................................................................................................................... 13 LegalEnforcementActionsInitiatedbyContraCostaHazardousMaterialsPrograms............................................. 14 PenaltiesAssessedasaResultofEnforcement........................................................................................................ 15 Total Fees, Service Charges, and Other Assessments Collected Specifically for the ISO/RISO...............................15 TotalPersonnel andPersonnel YearsUsedbyHazardousMaterialsProgramtoImplementtheIndustrial SafetyOrdinance....................................................................................................................................................15 Commentsfrom InterestedPartiesRegardingtheEffectivenessoftheIndustrialSafetyOrdinance ........................15 The Impact of theRISO onImproving Industrial Safety....................................................................................15 Attachment A - HazardousMaterialsOmbudspersonReport. .........................................................................19–22 Attachment B - Richmond RegulatedSourcesAnnualPerformance................................................................ 23–29 Attachment C - CountyRegulatedSourcesAnnualPerformance ............................................................. 30–61 494
3 Executive Summary
The Richmond City Council passed the Richmond Industrial Safety Ordinance (RISO) on December 18, 2001, requiring regulated facilities to implement safety programs similar to those required in Contra Costa County to prevent chemical accidents. The RISO’s requirements are some of the most stringent in the United States, if not the world. The goal is for facilities to implement comprehensive safety programs, instill a safety culture at the workplace, and create management systems that prevent incidents that could have detrimental impacts to surrounding communities. The RISO also mandates outreach and participation from industries, agencies, elected officials and the public.

The RISO mirrors Contra Costa County’s Industrial Safety Ordinance (ISO), currently covering one stationary source:

Chevron Richmond Refinery (Chevron). CCHHMP administers the RISO for the city. Previously, the RISO covered the Chemtrade West Richmond Works until they modified their processes such that they are no longer subject to the RISO.

There were no RISO audits conducted in this reporting period. CCHHMP receives annual performance updates from Chevron each June. CCHHMP’s Accidental Release Prevention (ARP) Program engineers oversee the RISO and ISO programs and work with other agencies such as the U.S. Environmental Protection Agency (EPA), the California Occupational Safety and Health Administration (Cal-OSHA), US Chemical Safety and Hazardous Investigation Board and other local program agencies. This interagency collaboration includes sharing of incident and inspection results, discussion of regulatory interpretations and joint training.

Public Participation
CCHHMP maintains an active public outreach program and continually seeks ways to improve it. With the easing of COVID-19 restrictions, CCHHMP resumed conducting community engagement activities in late 2022, including:
• Presented the third-party Incident Investigation Report on the Chevron Wharf Oil Spill Major Chemical Accidental Release (MCAR) at Civic Center Plaza in Richmond on July 17, 2023. • Presented the third-party Community Toxic Risk Screening Assessment Report on the Martinez Refining Company (MRC) Catalyst Release MCAR at the county administration building in Martinez on September 25, 2023.
• Presented the third-party Incident Investigation Report on the Martinez Refining Company (MRC) Catalyst Release MCAR at the county administration building in Martinez on April 11, 2024. • Shared Air Liquide Large Industry’s safety plan and Phillips 66’s safety audit and outreach information at a booth at the Sugar Town Festival and Street Faire in Crockett on July 21, 2024. • Shared Air Liquide Large Industry’s safety plan and Phillips 66’s safety audit and outreach information at a booth at the Rodeo-Hercules Fire District Open House on October 12, 2024.

The Board of Supervisors also requested that staff provide copies of the annual report to communities through the Community Advisory Panels (CAP). This 2024 Annual Report is available on our website and will be sent to CAP representatives for further dissemination.

In 2024, Winston Churchill Trust sponsored an Australian representative to observe the ISO program as a model for best practices in process safety regulations. The representative’s report particularly noted ISO for its public engagement, and interagency collaboration.

Audits
Audits of regulated businesses are required at least once every three years to ensure that the facilities are implementing the required programs. There were no RISO audits in fiscal year 2023-2024. CCHHMP receives annual performance updates from Chevron each June. Previously, the RISO covered the Chemtrade West Richmond Works until they modified their processes such that they are no longer subject to the RISO. CCHHMP worked with U.S. EPA, Cal OSHA, BAAQMD and CSB in CSB’s independent investigation of the August 6, 2012 incident. CCHHMP completed working with an oversight committee regarding the incident investigation of the Chevron February 9, 2021, wharf oil spill incident. 495
4 Major Chemical Accidents or Releases (MCAR)
There were no MCAR events from RISO-regulated facilities during this reporting year. There were two MCAR events involving ISO-regulated facilities during the reporting period of this report (July 1, 2023, through June 30, 2024):
• On November 19, 2023, Martinez Renewable Fuels (MRF) Refinery (formerly Marathon Refinery) had a furnace fire.

This fire resulted in the release of over 200,000 pounds of renewable diesel that caught fire that engulfed an operator and damaged equipment. The operator received third-degree burns over 80% of their body. This event was classified as a Community Warning System (CWS) Level 2 incident. As a result, this incident met the requirements of an MCAR.
• On December 15, 2023, PBF Martinez Refining Company (MRC) had a steam generator failure. The loss of steam resulted in the shutdown of most of the refinery and significant flaring and strong sulfur odors in the community for hours. CCHHMP classified this event as a CWS Level 2 incident. As a result, this incident met the requirements of an MCAR.

Conclusion
Despite the two MCARs that took place during this fiscal year, the severity and frequency of MCAR events in Contra Costa County has declined since the implementation of the ISO. The ISO has improved regulated facilities’ safety programs and operations.

Introduction
The City of Richmond adopted the RISO after the County Board of Supervisors adopted the county ISO due to significant accidents that occurred at oil refineries and chemical plants in the county in the 1990s. The effective date of the RISO was January 7, 2002. The ordinance applies to oil refineries and chemical plants with specified North American Industry Classification System (NAICS) codes that were required to submit a Risk Management Plan to the U.S. EPA and are Program Level 3 Stationary Sources as defined by the U.S. EPA Risk Management Program. The timeline below shows the requirements of the ordinance and various changes to date:
496
5 1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
TANK TERMINALS 2024

INHERENTLY SAFER

SYSTEMS - SAFEGUARD

PROTECTION ANALYSIS

ISO/RISO

IMPLEMENTATION

ISO INITIAL

IMPLEMENTATION

ISO/RISO EXECUTION

SAFETY CULTURE

ISO/RISO

IMPLEMENTATION
1/15/2001

COMPLIANCEWITH HUMAN FACTORS

GUIDANCE DOCUMENT REQUIRED
1/15/2000

SAFETY PLANS REQUIRED TO

CCHHMP FOR ISO
11/5/2001 - 5/3/2002
START OF 3 YEAR ISO AUDIT CYCLE
6/27/2006

ISO AMENDMENTS ADDING

SAFETY CULTURE
11/10/2009

SAFETY CULTURE GUIDANCE

DEVELOPED
12/1/2010 - 1/1/2011

CCHHMP PERFORMS SAFETY

CULTURE AUDITS
6/17/2014

ISO AMENDMENTS EXPANDED

INHERENTLY SAFER SYSTEMS

ANALYSIS
9/10/24

ISO AMENDMENTS ADDED TANK

TERMINALS
497
6 General Responsibilities
Hazardous Materials Programs
• May perform individual Root Cause Analysis or other third-party evaluations after an MCAR • Develop and Maintain Safety Plan Guidance Document
• Review submitted Safety Plans
• Audit every three years after initial ISO/RISO audits • Create Safety Culture Guidance and update as needed
• Create Tank Terminal Guidance
Stationary Sources
• Perform Root Cause Analysis after an MCAR
• Consider Inherently Safer Systems for new and existing processes, expanded (2014 amendments) to include reviewing during major changes that could result in MCAR occur • Submit Safety Plan every 3 years
• Perform Safeguard Protection Analysis [SPA] (2014 Amendments) • Include Maintenance in the Human Factors and Management of Organizational Change Programs (2006 Amendments)
• Perform Security Vulnerability Assessments and Safety Culture Assessments (2006 Amendments) • Develop and Track Performance Indicators (2014 Amendments) Tank Terminals
• Participate in the development of Tank Terminal safety program guidance (optional) • Begin updating site programs to comply with 2024 County ISO amendments County Industrial Safety Ordinance
Audits of regulated businesses are required at least once every three years to ensure that the facilities are implementing the required programs. Two ISO audits were completed in fiscal year 2023-2024*:
• Air Products & Chemicals (at MRC) – September 2023
• Martinez Refining Company (MRC) – January 2024
* An audit was started at the Martinez Renewable Fuels (MRF) facility in June 2024 although the audit was not completed until the end of July 2024
Regulated Stationary Sources Listing
There is one stationary source covered by RISO** and a total of six stationary sources covered by the ISO:
• Chevron Richmond Refinery
• Air Liquide Large Industries at Phillips 66 (ISO)
• Air Products at MRC (formerly Shell Martinez Refinery) (ISO) • Air Products at MRF (formerly Marathon Refinery) (ISO) • Martinez Renewable Fuels (formerly Marathon Refinery) (ISO) • PBF Martinez Refining Company – MRC (formerly Shell Martinez Refinery) (ISO) • Phillips 66 Rodeo Renewable Energy Complex (ISO)
** Chemtrade West Richmond Works modified its processes and is no longer subject to RISO. 498
7 Tank Terminal Listing
The City of Richmond modified the RISO in October 2024 to expand process safety requirements to cover Tank Terminals not otherwise included within petroleum or renewable fuel refineries. The ISO was modified in September 2024 to expand process safety requirements to cover Tank Terminals. At the time the RISO and ISO were updated, there were a total of four tank terminals covered by the RISO and two tank terminals covered by ISO:

Tank Terminal Name Location Covered Under
Phillips 66 Richmond Terminal 1300 Canal Blvd., Richmond RISO TransMontaigne- Richmond
Terminal
488 Wright Ave, Richmond RISO
Kinder Morgan Liquids Terminals,
LLC Richmond Products Terminal
1306 Canal Blvd., Richmond RISO
IMTT 100 Cutting Blvd., Richmond RISO
Shore Terminals LLC (formerly
NuStar)
90 San Pablo Ave, Crockett ISO
Chevron Products Company – Avon
Terminal
611 Solano Way, Martinez ISO
Status of Safety Plans and Programs
Stationary sources were required to initially submit safety plans in 2003 (RISO) and 2000 (ISO) and resubmit every 3 years. Audits have also been completed on the same schedule. The most recent status of each of the regulated stationary sources is given in Tables I and II:

A full summary of all Safety Plan Updates and audits is maintained via database at CCHHMP’s office.

Table I
Richmond Industrial Safety Ordinance (RISO)
Stationary Source and Tank Terminal Status *
(Most Recent)
NAME Safety Plan (SP)
Received
Safety Plan
Complete
Audit/ Inspection Audit Public
Meeting
Chevron Richmond Refinery 7/23/2024 No 4/25/2022 5/7/2023 * Four Tank Terminals (Phillips 66 Richmond Terminal; TransMontaigne - Richmond Terminal; Kinder Morgan Liquids Terminals, LLC Richmond Products Terminal; and IMTT) are subject to RISO requirements. All are required to submit their Safety Plan 1.5 years after the development of a guidance document, which is currently being developed. Audits will take place within one year after submission of the Safety Plan.

Table II
Industrial Safety Ordinance (ISO)
Stationary Source and Tank Terminal Status **
(Most Recent)
NAME Safety Plan (SP)
Received
Safety Plan
Complete
Audit/ Inspection Audit Public
Meeting
Air Liquide Large Industries 1/10/2023 Yes 1/5/2022 10/15/2022 Air Products – MRC 7/25/2023 No 9/25/2023 Not yet
Air Products – MRF 7/25/2023 No *** ***
Martinez Renewable Fuels 10/31/2022 No 6/24/2024 Not yet 499
8 NAME Safety Plan (SP)
Received
Safety Plan
Complete
Audit/ Inspection Audit Public
Meeting
PBF Martinez Refining Company (MRC) 10/31/2022 Yes 1/8/2024 Not yet Phillips 66 Rodeo Renewable Energy Complex 8/6/2021 Yes 10/24/2022 7/21/24 ** Two Tank Terminals (Shore Terminals, formerly NuStar; and Chevron Products Company - Avon Terminal) are subject to ISO requirements. Both are required to submit their Safety Plan 1.5 years after the development of a guidance document, which is currently being developed. Audits will take place within one year after submission of the Safety Plan.
*** Air Products – MRF deregistered and was idled in 2020 when the Marathon Refinery (now called Martinez Renewable Fuels) shut down during the pandemic. The plant has recently become operational.

Locations of the Regulated Stationary Sources and Tank Terminals Safety Plans Regulated stationary sources are required to update their safety plans at least once every three years. These plans are available for public review at the Hazardous Materials Programs office, 4585 Pacheco Blvd., Suite 100, Martinez. When CCHHMP determines that a safety plan update is complete, before the required 45-day public comment period, the staff places the updated plan in the Contra Costa Library branch or branches closest to the regulated stationary source, so it is easily accessible for public review. Table III lists each safety plan location.

Table III
Location of Safety Plans – Libraries Φ
Regulated Stationary
Source
Location 1 Location 2 Location 3
Chevron Richmond
Refinery (RISO)
Hazardous Materials
Programs Office
Point Richmond Public
Library
Main Richmond Public Library
Air Liquide Large
Industries Rodeo
Hazardous Materials
Programs Office
Rodeo Public Library Crockett Public Library
Air Products – MRC Hazardous Materials
Programs Office
Martinez Public Library
Air Products – MRF Hazardous Materials
Programs Office
****
Martinez Renewable
Fuels
Hazardous Materials
Programs Office
****
PBF Martinez
Refining Company
(MRC)
Hazardous Materials
Programs Office
Martinez Public Library
Phillips 66 Rodeo
Renewable Energy
Complex
Hazardous Materials
Programs Office
Rodeo Public Library Crockett Public Library
**** Safety Plans for Air Products – MRF and Martinez Renewable Fuels were recently submitted and have not been reviewed yet.

Φ Once Safety Plans have been submitted for the Tank Terminals, this table will be updated. 500
9 Effectiveness of Implementation of the Industrial Safety Ordinance Contra Costa Health Hazardous Materials Programs has developed policies, procedures, protocols, and questionnaires to implement the California Accidental Release Prevention (CalARP) Program and the Industrial Safety Ordinance. The policies, procedures, protocols, & questionnaires for these programs are listed below:

Audits/Inspections Policy
Conducting the Risk
Management Plan/Safety
Plan Completeness
Review Protocol
Risk Management Plan
Completeness Review
Questionnaires
Safety Plan Completeness
Review Questionnaires
Conducting
Audits/Inspections
Protocol
Safe Work Practices
Questionnaires
CalARP Program Audit
Questionnaires
Safety Program Audit
Questionnaires
Conducting Employee
Interviews Protocol
Employee Interview
Questionnaires
Field Verification Protocols
Covered Process
Modification Policy
Public Participation Policy
Dispute Resolution Policy
Reclassification Policy
CalARP Internal Performance
Audit Policy
Conducting the Internal
Performance Audit
CalARP Internal Audit
Performance Audit Submission
Fee Policy
Notification Policy
Unannounced Inspection
Policy
Risk Management Plan Public
Review Policy
Hazardous Materials Programs also developed the Contra Costa County CalARP Program Guidance Document and the Contra Costa County ISO Safety Program Guidance Document. This ISO Guidance document was recently updated and posted online on September 19, 2024, after no comments were received from stakeholders. Guidance is currently being developed to outline programs to be included within Safety Plans for Tank Terminals. All policies, procedures, protocols, and questionnaires are available through the Hazardous Materials Programs office, and the guidance documents are available electronically at:
• https://www.cchealth.org/health-and-safety-information/hazmat-programs/california-accidental-releaseprevention-calarp-program/calarp-program-guidance-document and • https://www.cchealth.org/health-and-safety-information/hazmat-programs/industrial-safety-ordinance/isoguidance-document Effectiveness of the Procedures for Records Management
CCHHMP has digital files for each stationary source. The files include:

1. Annual status reports

2. Audits & inspections

3. Communications

4. Completeness review

5. Emergency response

6. Incident investigation

7. Trade secret information
Digital copies of the files are stored on the Hazardous Materials Programs network and are accessible to the Accidental Release Prevention (ARP) engineers, supervisor, and the Hazardous Materials Program Director. Portable document format (PDF) versions of these files are also available for public viewing at the CCHHMP office. The Accidental Release Prevention Program files contain regulations, policies, information from the U.S. EPA, Cal EPA, CSB, and other information pertinent to the engineers. The risk management and safety plans are received in hard copy, scanned, and kept at the CCHHMP office.

Number and Type of Audits and Inspections Conducted
Beginning in the winter of 2022, CCHHMP began its next round of required audits at each of the ISO and RISO facilities.

This is the ninth round of audits since 2000. In response to the COVID-19 pandemic, CCHHMP developed audit protocols 501
10 to perform audits both onsite as well as remotely. No RISO audits were conducted during this period. The two ISO audits completed during this period were conducted onsite only (Air Products MRC) and a combination of onsite and remotely (Martinez Renewable Fuels).

When CCHHMP ARP engineers review a safety plan, a notice of deficiencies is issued documenting any changes the stationary source must make before the plan is determined to be complete. The stationary source has up to 90 days to respond. Assigned ARP engineers will work with the stationary source until the plan contains the required changes.

When the plan is complete, the ARP engineer will open a public comment period and make the plan available in a public meeting or venue as well as at the public library branch closest to the stationary source. The ARP engineer will respond to all written comments in writing and, when appropriate, use the comments in upcoming audits/inspections of the regulated stationary source.

An ARP engineer will issue a Preliminary Audit Findings report after each stationary source audit/inspection. The stationary source will have 90 days to respond, and the ARP engineer will review the response. The stationary source must submit an action plan to correct any uncovered ISO compliance issues, which the ARP engineer will review. If the ARP engineer agrees with the action plan, CCHHMP will issue the Preliminary Audit Findings for public comment and make them available in a public meeting or venue and at the public library branch closest to the stationary source. The ARP engineer will consider comments received during the public comment period and may revise the Preliminary Audit Findings report. When the public review process is complete, the ARP engineer will issue the Final Audit Findings report and respond in writing to any written public comments received. Table I lists the status of each stationary source’s safety plan, audit and inspections of their safety programs, and public meetings.

Third Party Evaluations Conducted by Hazardous Materials Programs No third party evaluations were initiated for any RISO-regulated source during this period. A consultant was hired in 2021 to conduct an independent evaluation of an MCAR at the Chevron Richmond Refinery for their February 9, 2021, Wharf Oil Spill. A report for this independent evaluation was completed in 2023 and a public meeting was held where numerous comments were received. CCHHMP responded to all public comments and presented the report to the County Board of Supervisors and the City of Richmond in 2024.

The Martinez Renewable Fuels (MRF) Refinery (formerly Marathon Refinery) had a furnace fire on November 19, 2023, that injured an operator and damaged equipment. As a result of the MRF furnace fire, CCHHMP was instructed to conduct a third-party evaluation to assess the safety culture/management systems at the refinery. A contractor has been hired to conduct the work, which will be performed and reported out under the next fiscal year ISO Report.

As described in the previous ISO Report, the PBF Martinez Refining Company had an MCAR in November 2022, resulting in 20-24 tons of powdered catalyst being discharged into the surrounding community. CCHHMP was instructed to conduct three third-party evaluations for the MRC Refinery. The status of these evaluations is as follows:

1. Screening Level Human Health and Ecological Risk Assessment. A toxicologist conducted community soil sampling and determined the catalyst release did not increase the risk of exposure to hazardous materials in local soils. The evaluation is complete and the final report was uploaded in February 2024 and can be found at:
https://www.cchealth.org/home/showpublisheddocument/29802/638465394388200000

2. Root Cause Analysis Incident Investigation. An independent incident investigation was commissioned to identify management system failures associated with the MCAR and recommendations to prevent reoccurrence. The work for this evaluation has been completed and a draft report was issued for public comment in May 2024.

The final report that responds to all public comments will be summaried in next year’s ISO Report.

3. Safety Culture Assessment. A company was hired to conduct an independent assessment of the safety culture at MRC. The work for this evaluation has been completed and a draft report was issued for public comment in September 2024. The final report that responds to all public comments will be summarized in next year’s ISO Report.

A historical listing of MCAR events starting in 1992 is available at:
502
11 https://www.cchealth.org/health-and-safety-information/hazmat-programs/hazmat-incident-response/majoraccidents-at-chemical-refinery-plants This list also includes major accidents that occurred before the adoption of the ISO/RISO.

CCHHMP’s Process for Public Participation
CCHHMP continues the practice of sharing results of safety plans and preliminary audit findings and receiving public comment about them at community events, as recommended by community members in 2005. Based on a 2012 recommendation from the County Board of Supervisors, CCHHMP also shares ISO annual reports and makes presentations to Community Advisory Panels.

Effectiveness of the Public Information Bank
The Hazardous Materials Programs website (https://www.cchealth.org/health-and-safety-information/hazardousmaterials) includes:

Programs Incident Response and Follow-up Resources
ISO and RISO HazMat Incident Response Chemical Safety Board Incident Search Land Use Permitting Assistance List of recent incidents CCHHMP Guidance Documents CalARP (Including P4) MCAR Accident History CalARP/ISO/RISO Regulations Underground Storage Tanks Incident Search Database
Green Business Program Incident Notification Policy
Business Plan 72-hour and 30-day Reports
Effectiveness of the Hazardous Materials Ombudsperson
The Hazardous Materials Ombudsperson is a conduit for the public to express their concerns about how CCHHMP personnel are performing their duties. Attachment A is a report from the Hazardous Materials Ombudsperson on the effectiveness of the position for this reporting period.

Other Program Elements Necessary to Implement and Manage the RISO The CalARP Program is administered in Contra Costa County by CCHHMP. Stationary sources are required to submit risk management plans in addition to RISO safety plans. An ARP engineer reviews the risk management plans and performs CalARP Program audits simultaneously with RISO audits.

Annual Accident History Report and Inherently Safer Systems Implemented as Submitted by the Regulated Stationary Sources
The RISO requires stationary sources to update their accident history in their safety plans and include how they have used inherently safer processes within the last physical year. Tables IV and V summarize Inherently Safer Systems that have been implemented during this reporting period. Attachment B includes individual reports from the stationary sources that also include the required reporting of four common process safety performance indicators. 503
12 Table IV
Inherently Safer Systems Richmond ISO Stationary Sources (July 2022 – June 2023)
Regulated Stationary
Source
Inherently Safer System Implemented Risk Reduction Level Strategy Chevron Richmond
Refinery (RISO)
Upgraded pump to dual seals to
eliminate loss of containment from seal
failure
Inherent Eliminate/Moderate
Implemented multiple pump seal
upgrades to reduce loss of containment
from seal failure
Inherent Moderate
Replaced a high pressure vessel with
upgraded metallurgy to resist chemical
damage
Passive Moderate
Upgraded H2 Plant instrumentation and
control logic for improved reliability
Active
Implemented a burner management
system to improve operability
Active
Improved console flow indicators to
provide flow direction and readings to
console operators
Procedural
Table V
Inherently Safer Systems Contra Costa County ISO Stationary Sources (July 2022 – June 2023)
Regulated Stationary
Source
Inherently Safer System Implemented Risk Reduction Level Strategy Air Liquide Large
Industries Rodeo
No new inherently safer systems have
been implemented

N/A N/A
Air Products – MRC No new inherently safer systems have been implemented

N/A N/A
Air Products - MRF Elimination of alternate feed stock and high pressure hydrogen supply line
Inherent Elimination
PBF Martinez Refining
Company (MRC)
Install a physical barrier between
delivery truck and valve station
Passive Moderate
Label equipment in the field (2 times) Procedural Moderate Install alarms on select equipment
combined with operator response (14
times)
Active Moderate
Add sample point to barrier list Procedural Moderate
Phillips 66 Rodeo
Renewable Energy
Complex
Upgraded equipment seal to minimize
leak potential
Passive Moderate
Install a mechanical stop to prevent a
valve from rotating too far to prevent
equipment trip
Passive Simplify
Install a high temperature alarm Active Moderate
Modernize motor controls for easier
troubleshooting and making equipment
less likely to trip
Active Simplify
Update procedure to ensure selective
catalytic reduction bed temperature is
properly pre-heated before ammonia
injection
Procedural Moderate
Develop procedures to properly manage
disposing of filters in the Pretreatment
Unit
Procedural Moderate
Martinez Renewable
Fuels (formerly
Marathon Refinery)
Removal of a hazard by modifying the
physical conditions of the process
Inherent Elimination
504
13 Regulated Stationary
Source
Inherently Safer System Implemented Risk Reduction Level Strategy Martinez Renewable
Fuels – Continued
Eliminated a hazard by switching to a
non-hazardous alternative
Inherent Substitution
Upgraded equipment to make it more
resilient to plant conditions (5 times)
Inherent Substitution
Modified plant physical conditions to less
hazardous conditions (3 times)
Passive Moderate
Status of the Incident Investigations, including the Root Cause Analyses Conducted by the Regulated Stationary Sources
The RISO requires regulated stationary sources to conduct an incident investigation including a root cause analysis (RCA) after each MCAR incident. MCAR incidents meet the definition of a Level 3 or Level 2 incident in the Community Warning System incident level classification system defined in the Hazardous Materials Incident Notification Policy, as determined by Contra Costa Health; or result in the release of a regulated substance and meet one or more of the following criteria:
• Results in one or more fatalities
• Results in at least 24 hours of hospital treatment of three or more persons • Causes on- and/or off-site property damage (including cleanup and restoration activities) initially estimated at $500,000 or more. On-site estimates shall be performed by the regulated stationary source.

Off-site estimates shall be performed by appropriate agencies and compiled by the department. • Results in a vapor cloud of flammables and/or combustibles that is more than 5,000 pounds.

The regulated stationary source is required to submit a report to CCHHMP 30 days after the root cause analysis is complete. There were no MCAR incidents for any RISO facility that occurred within this reporting period and two MCAR incidents at an ISO facility.
• The Martinez Renewable Fuels (formerly Marathon Refinery) furnace fire on November 19, 2023, resulted in the completion of a root cause analysis report submitted to CCHHMP. This report can be found at:
https://www.cchealth.org/home/showpublisheddocument/30798/638622621019230000 • The Martinez Refining Company’s (MRC) steam generator loss on December 15, 2023, , resulted in the requirement for MRC to complete a root cause analysis report. CCHHMP has not received this report yet.

Major Chemical Accidents or Releases
CCHHMP analyzed the number and severity of MCARs that occurred since the implementation of the RISO/ISO:
• Severity Level III — Resulted in a fatality, serious injuries or major on-site and/or off-site damage. • Severity Level II — Resulted in an impact to the community or could easily have become a Level III incident if the situation was slightly different, or it is a recurring type of incident at that facility. • Severity Level I — Resulted in no or minor injuries, no or slight impact to the community, and no or minor on-site damage.

These charts show MCARs from 1999 through June 30, 2024, for all stationary sources in Contra Costa County. The charts include MCARs at stationary sources only, none that occurred during transportation. 505
14 Legal Enforcement Actions Initiated by Contra Costa Health Hazardous Materials Programs
As part of the enforcement of the RISO and CalARP Program, CCHHMP staff may issue notices of deficiency in the safety and risk management plans of RISO-regulated facilities and may issue audit findings detailing what a stationary source is required to change to come into compliance with the regulations. CCHHMP has taken no legal enforcement action on any RISO facility during this reporting period. In connection with the November 2022 MCAR incident at MRC (covered in the 2023 ISO report), CCHHMP referred a case to the District Attorney due to a failure to provide proper notification.

The District Attorney is currently handling this case. No additional legal enforcement actions took place on any ISO facility during this reporting period.
0 2
4 6
8 10
12 Number of MCAR's
Year

MAJOR CHEMICAL ACCIDENTS AND

RELEASES
Severity Level III Severity Level II Severity Level I
0 2
4 6
8 10
12 Total MCARS vs ISO/RISO MCARS
Total MCARs Total ISO MCARs Total RISO MCARS
506
15 Penalties Assessed as a Result of Enforcement
No penalties have been assessed in this period for noncompliance with the RISO.

Total Fees, Service Charges, and Other Assessments Collected Specifically for the RISO/ISO
Fees charged for the RISO/ISO cover the time ARP engineers use to enforce the ordinance, the position of the Hazardous Materials Ombudsperson, outreach material, and a portion of the overhead for CCHHMP. Fees charged for administering this ordinance for fiscal year 2023–2024 total $632,852.

Total Personnel and Personnel Years Used by the Hazardous Materials Programs to Implement the Industrial Safety Ordinance
ARP engineers review resubmitted Safety Plans, prepare and present information for public meetings, perform audits of stationary sources for compliance with both the CalARP Program and RISO, and do follow-up work after MCARs. During the current reporting period:

Approximately 4371 hours total of CCHHMP personnel time was spent on the RISO/ISO during the current reporting period. This includes hours spent performing on-site audit activities, reviewing and updating information for the website, performing safety plan reviews, follow-up of deficiencies from audits or plan reviews, preparing materials for presentations and/or public meetings. This also includes time in activities specifically related to the MRC November 2022 Catalyst Release MCAR, including meeting with hired consultants, public meetings, and Oversight Committee meetings. This time also includes activities specifically related to the MRF November 2023 Furnace Fire MCAR, including the safety inspection and meetings with refinery personnel. The total does not include Ombudsperson time spent preparing for public meetings, working with engineers on questions arising from the RISO/ISO, and answering questions from the public on the RISO/ISO.

Comments from Interested Parties Regarding the Effectiveness of the Industrial Safety Ordinance
Associated with the independent third-party evaluation process associated with the MRC Catalyst Release MCAR in 2022, CCHHMP received comments on the length of time taken to start and complete all three independent evaluations.

Similar public comments were received associated with the third-party evaluation conducted associated with the Chevron Wharf Oil Spill 2021 MCAR. As a result of these comments, CCHHMP is actively seeking to have select consultants on retainer to allow for contracts to be expedited for future independent evaluations.

The Impact of the RISO on Improving Industrial Safety
The RISO is one of four programs that work together to reduce the risk of accidental release from a regulated stationary source that could impact communities in Contra Costa County. Each of the programs is very similar in requirements.

Those programs are:
• The Process Safety Management Program administered by Cal/OSHA • The federal Accidental Release Prevention Program administered by the U.S. EPA • The California Accidental Release Prevention Program administered by CCHHMP • The Richmond Industrial Safety Ordinance, also administered by CCHHMP.

The RISO was modified in October 2024 to expand process safety requirements to cover Tank Terminals not otherwise included within petroleum or renewable fuel refineries. The expansion of the RISO was a direct result of a fire at a tank terminal located near Crockett in Contra Costa County in October 2019. The RISO modification resulted in separate RISO requirements for Tank Terminals than 507
16 required for Stationary Sources. The differences in the regulatory requirements for Tank Terminals reflects the relatively lower risk they pose to the public compared to Stationary Sources.

Table VI
General RISO/ISO Requirements for Stationary Sources and Tank Terminals ISO/RISO Regulatory Requirement Appicable to
Stationary Sources
Appicable to Tank
Terminals
Process Safety Information X X
Operating Procedures X X
Employee Participation X
Training X X
Mechanical Integrity X X
Management of Change X X
Pre-Startup Reviews X X
Compliance Audits X
Incident Investigation / Root Cause Analysis X X
Safe Work Practices X X
Contractors X
Emergency Response X X
Safety Program Management X X
Safety Performance Indicators X X
Human Factors Program X
Process Hazard Analysis / Hazard Analysis X X
Security and Vulnerability Assessment X X
Safety Culture Assessment X
Inherently Safer System Analysis X
Safeguard Protection Analysis X
On October 1, 2017, California petroleum refineries were required to comply with the requirements of CalARP Program 4 and OSHA PSM for refineries. Both are based on the RISO.

CalARP Program 3 differs from the federal Accidental Release Prevention Program in the following ways:
• The number of chemicals regulated
• The threshold quantity of these chemicals
• An external events analysis, including seismic, and security and vulnerability analysis, is required • Additional information to be included within the Risk Management Plan • CCHHMP is required to audit and inspect stationary sources at least once every three years • The interaction required between the stationary source and CCHHMP.

The RISO differs from CalARP Program 3, which the chemical facilities are required to follow, in the following ways:
• Stationary sources are required to include a root cause analysis with the incident investigations for Major Chemical Accidents or Releases
• The stationary sources are required to consider inherently safer systems for existing processes, in the development and analysis of recommended action items identified in a process hazard analysis, as part of the management of change review, as part of an incident investigation or root cause analysis development of recommendation, and during the design of new processes, process units and facilities.
• All of the processes at the regulated stationary sources are covered. • The implementation of a Human Factors Program evaluation of latent conditions in existing units, operating and maintenance procedures, root cause analysis, and process hazard analysis • Managing changes in the organization for operations, maintenance, health and safety, and emergency response
• A requirement that the stationary sources perform a Security and Vulnerability Analysis and test the effectiveness of the changes made as a result of the Security and Vulnerability Analysis 508
17 • The stationary sources perform Safety Culture Assessments • Conduct, document, and complete safeguard protection analysis associated with process hazard analysis to reduce catastrophic releases.
• Use and reporting of process safety performance indicators in the annual performance review and evaluation report.

The major program differences of RISO from CalARP Program 4 and PSM for Refineries is that the Program 4 requirements identify:
• Mechanical Integrity must include an assessment of Damage Mechanism Review based on operating history and industry experience.
• Process Hazard Analysis must include a review of the Damage Mechanism Review report compiled as part of process safety information.
• Contractor and any subcontractors use a skilled and trained workforce pursuant to Health and Safety Code Section 25536.7
• Require a management system with specific requirements for managing and communicating recommendations from the prevention program elements.
• Require a Stop Work procedure and an anonymous hazard reporting system.

The Safety Culture Assessment guidance chapter was finalized in November 2009. The Industrial Safety Ordinance Guidance Document was updated to reflect all the updates in September 2010. The Accidental Release Prevention Engineers have participated with the Center for Chemical Process Safety in developing the second edition of Inherently Safer Chemical Processes, a book that is referenced in the ordinance and with the Center for Chemical Process Safety on developing process safety metrics for leading and lagging indicators. CCHHMP also participated in developing the third edition of CCPS: Inherently Safer Chemical Processes to further clarify and promote the practice and consideration of Inherently Safer Systems.

The success of Contra Costa’s programs at reducing MCARs and improving facility safety practices have been frequently cited as exemplary or model policies within the regulatory community:
• Contra Costa County was recognized as an alternative model for doing process-safety inspections by the CSB in its report on a 2005 refinery accident in Texas City, TX. The board also mentioned Contra Costa in its DVD, “Anatomy of a Disaster: Explosion at BP Texas City Refinery,” as a model resource.
• CSB Chair Carolyn W. Merritt also recognized Contra Costa County in testimony to the House of Representatives Committee on Education and Labor.
• Senator Barbara Boxer, during a 2007 hearing to consider John Bresland’s nomination to chair of the CSB Board, asked Mr. Bresland about the Contra Costa County program for process safety audits of refineries and chemical companies.
• In its final investigation report of a 2008 incident at the Bayer Crop Science Institute in West Virginia, the CSB recommended that regulatory agencies in the area audit their chemical facilities using Contra Costa County’s process. CCHHMP staff and a representative from the local United Steelworkers Union were part of a panel when the CSB presented this report to the Kanawha Valley community.
• CCHHMP was asked to give testimony at a June 2010 hearing on “Workplace Safety and Worker Protections in the Gas and Oil Industry” before the U.S. Senate Committee on Health, Education, Labor, and Pensions Subcommittee on Employment and Workplace Safety regarding the success of Accidental Release Prevention Programs in place in Contra Costa County. • In September 2012, CCHMP was asked to present at the “Expert Forum on the Use of Performance-based Regulatory Models in the U.S. Oil and Gas Industry: Offshore and Onshore” in Texas City, Texas to share the regulatory experience at Contra Costa County and give testimony on how local, state and federal agencies can work together and have an unprecedented alignment on regulations that is required for the same facilities. This meeting was spearheaded by 509
18 the federal Occupational Safety and Health Administration and attended by the Bureau of Safety and Environmental Enforcement, U.S. Coast Guard, U.S. EPA, Pipeline and Hazardous Materials Safety Administration, United Steelworkers, American Petroleum Institute, academia and industry representatives.
• CCHHMP staff also testified at a June 2013 hearing on “Oversight of Federal Risk Management and Emergency Planning Programs to Prevent and Address Chemical Threats, Including the Events Leading up to the Explosions in West, TX and Geismar, LA” before the U.S. Senate’s Committee on Environment and Public Works.
510
19 ATTACHMENT A

HAZARDOUS MATERIALS

OMBUDSPERSON EVALUATION
January 1, 2024 – December 31, 2024
511
20 Hazardous Materials Ombudsperson Evaluation
January 1, 2024 – December 31, 2024
Introduction
On July 15, 1997 the Contra Costa County Board of Supervisors authorized creation of an Ombudsperson role for the County’s Hazardous Materials Programs. The first Hazardous Materials Ombudsperson began work on May 1, 1998. The Contra Costa County Board of Supervisors adopted an Industrial Safety Ordinance on December 15, 1998. Section 450-

8.022 of the Industrial Safety Ordinance requires Contra Costa Health to continue to employ an Ombudsperson for the Hazardous Materials Programs. Section 450-8.030(B)(vii) of the Industrial Safety Ordinance requires an annual evaluation of the effectiveness of the Hazardous Materials Ombudsperson, with the first evaluation to be completed on or before October 31, 2000.

The goals of section 450-8.022 of the Industrial Safety Ordinance for the Hazardous Materials Ombudsperson are:

1. To serve as a single point of contact for people who live or work in Contra Costa County regarding environmental health concerns, and questions and complaints about the Hazardous Materials Programs.

2. To investigate concerns and complaints, facilitate their resolution, and assist people in gathering information about programs, procedures, or issues.

3. To provide technical assistance to the public.

The Hazardous Materials Ombudsperson currently accomplishes these goals through the following program elements:

1. Continuing an outreach strategy so that the people who live and work in Contra Costa County can know about and utilize the program.

2. Investigating and responding to questions and complaints, and assisting people in gathering information about programs, procedures, or issues.

3. Participating in a network of environmental programs for the purpose of providing technical assistance.

This evaluation covers the period from January 1, 2024 through December 31, 2024, for the Hazardous Materials Ombudsperson program. The effectiveness of the program shall be demonstrated by showing that the activities of the Hazardous Materials Ombudsperson meet the goals established in the Industrial Safety Ordinance.

Program Elements
Continuing an Outreach Strategy
An informational website for the Hazardous Materials Ombudsperson is located at:
https://www.cchealth.org/health-and-safety-information/hazmat-programs/hazardous-materials-ombudsman This period efforts were focused on maintaining the outreach tools currently available. The web page was maintained for the program as part of Contra Costa Health’s web site. This page contains information about the program, links to other related web sites, and information about upcoming meetings and events. A toll-free phone number is published in all three Contra Costa County phone books in the Government section. The Hazardous Materials Ombudsperson can be contacted at: [email protected].
512
21 Investigating and Responding to Questions and Complaints, and Assisting in Information Gathering The Hazardous Materials Ombudsperson plays a crucial role in addressing community concerns regarding hazardous materials by facilitating open communication between residents and local authorities. When residents voice questions or complaints concerning hazardous materials, the Hazardous Materials Ombudsperson investigates these issues and gathers information from various sources including government agencies, environmental experts, and community stakeholders. The aim is to clarify regulatory processes to the community in a quick and transparent manner. By acting as a mediator, the Hazardous Materials Ombudsperson helps residents navigate complex information related to hazardous materials, providing guidance on safety measures and compliance standards. Ultimately, their goal is to enhance community trust and promote a safer environment through effective problem-solving.

The Hazardous Materials Ombudsperson receives a significant number of information requests via telephone and less through email. Most of these inquiries typically focus on various environmental issues, including home-related concerns such as hazardous waste disposal and contamination. The Hazardous Materials Ombudsperson strives to respond to telephone requests in approximately one business day. Some inquiries require additional research or written materials which may take a couple of days to compile. Responses are generally provided by telephone unless written information is necessary.

Participating in a Network of Environmental Programs for the Purpose of Providing Technical Assistance Technical assistance means helping the public understand the regulatory, scientific, political, and legal aspects of issues.

It also means helping them understand how to effectively communicate their concerns within these different arenas.

This year, the Hazardous Materials Ombudsperson continued to staff a number of County programs and participate in other programs to be able to provide technical assistance to the participants and the public.

Climate Change Program - During this period the Hazardous Materials Ombudsperson provided technical assistance to the Public Health Department on a variety of climate change issues. The Ombudsperson participated in a Public Health workgoup to update the Climate Action Plan and the General Plan was part of the planning team for extreme weather events for the Office of Emergency Services and assisted in the development of Extreme Heat and Air Quality Response plans.

Health Careers Pathways – The Ombudsperson served as a mentor to High School Students as part of the Health Careers Pathways summer internship program. The Ombudsperson assisted the students in the development of their Capstone Project which was presented at a Hazardous Materials Commission meeting.

Martinez Refining Company Catalyst Release – The Ombudsperson facilitated community meetings associated with Contra Costa Health conducting third-party evaluations after a catalyst release impacted the community in November 2022.

The Hazardous Materials Ombudsperson also attended workshops, presentations, meetings and trainings on a variety of environmental issues to be better able to provide technical assistance to the public. Topics included Environmental Justice, Air Quality, water quality, toxic chemicals, and asthma.

Program Management
The Hazardous Material Ombudsperson reported to the Climate and Health Officer until he retired in March 2023. After that, the Ombudsperson reported to the Deputy Director of Contra Costa Health.

Goals for 2025
The Hazardous Materials Ombudsperson will continue to respond to questions and complaints about the actions of the Hazardous Materials Program; answer general questions that come from the public and assist them in understanding regulatory programs; continue to participate in the ISO amendment stakeholder meetings for Tank Terminals; continue 513
22 to provide support on the revised Hazardous Materials Incident Notification Policy as needed; update the Hazardous Materials Commission for sensitive community related events; support the Health Department on Health Emergency Response and Planning which may include climate change issues; and participate in the CAER Emergency Notification committee.
514
23 ATTACHMENT B

HAZARDOUS MATERIALS

RICHMOND REGULATED SOURCES

ANNUAL PERFORMANCE
July 1, 2023 – June 30, 2024
515
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 516
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
517
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 518
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
519
Attachments 2024 ISO Annual Performance Review
Attachment 1 – Question 9
Question: Summary of inherently safer systems implemented by the source including but not limited to inventory reduction(i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

Chevron Response:

Risk Reduction
Category
ISS Approach – for
all but procedural &
active
Description
Inherent Eliminate &
Moderate
Upgrade centrifugal pump to dual seals to eliminate loss of containment resulting from seal failure.

Inherent Moderate Implemented multiple centrifugal pump seal upgrades to reduce loss of containment resulting from seal failures.

Passive A high pressure vessel was proactively replaced with upgraded metallurgy that will eliminate the HTHA damage mechanism altogether
Active - Recent H2 plant upgrades to instrumentation and control logic for improved reliability
Active - Implemented Burner Management System for burners in a unit.

Procedure - Replaced flow indicators with ones that provide readings that match those on the board, so the operator no longer required to perform mental math to determine the actual flow.

Moderate
520
Attachments 2024 ISO Annual Performance Review
Attachment 2 – Question 16:

Question: List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

Chevron Response: In addition to the Inherently Safer Systems implemented in Question 9, CUSA has also made other changes to the facility pursuant to the RISO and beyond to decrease the severity or likelihood of accidental releases. A few examples include the following:
• Changes implemented in these categories between June 2023 to June 2024. o Continued use of V&V tool to assess opportunities for learning around high risk activities. o Prioritized and focused reviews for high criticality procedures. o Continued effort to conduct procedural PHAs across refinery units to identify and mitigate potential human factors that may lead to loss of containment. o Continued implementation and assessment of overfill protection and backflow prevention systems during PHA-SPAs. Scope includes upgrades to instrumented systems. o Continued to optimize asset strategies based on inspection findings. o Periodic review of corrective actions and lessons learned from recent high consequence incident investigations as well as historical incidents.
521
25 ATTACHMENT C

HAZARDOUS MATERIALS

COUNTY REGULATED SOURCES

ANNUAL PERFORMANCE
July 1, 2023 – June 30, 2024
522
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 523
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
524
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 525
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
526
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 527
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
528
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 529
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
530
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 531
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
532
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 533
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
534
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 535
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
536
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 537
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
538
Attachment 1: Inherently Safer Systems Implemented in 2023 (for 2024 ISO Annual Report) Count ISS Category/Approach Description
1 Passive Install a physical barrier between delivery truck area and FGBD V-13211. (FGBD) 2 Active Configure a high flow alarm in ACM/UTL for existing indication 6TI9285. (CGH) 3 Active Configure a high flow alarm in ACM/UTL for existing indication 7FI293. (ALKY) 4 Active Configure a high level alarm on a Board other than the Dispatcher Board and in ACM/UTL for either the Inventory Management High Alarm or the Independent High Level Alarm for the following tanks: TK1046, TK1072, TK1134, TK1161, TK1332, TK1333, TK1334, TK1335, TK12467 and TK17095. (WHARF / AST)
5 Active Configure a low flow alarm in ACM/UTL for existing indication 14FC1061. (KGP) 6 Active Configure a low flow alarm in ACM/UTL for existing indication 14FC1122. (KGP) 7 Active Configure a Low flow alarm in ACM/UTL for existing indication 14FC884. (KGP) 8 Active Configure a low flow alarm in ACM/UTL for existing indication 14FC948. (KGP) 9 Active Configure a low flow alarm in ACM/UTL for existing indication 16FI101. (KGP) 10 Active Configure a low flow alarm in ACM/UTL for existing flow indication 8FI1075. (C3/C4 Treaters)
11 Active Configure a low pressure alarm in ACM/UTL for existing indication 14PC920. (KGP) 12 Active Configure an alarm in ACM/UTL for existing common trouble alarm 6UA372. (CFH) 13 Active Configure an alarm in ACM/UTL for existing common trouble alarm 6UA557. (CFH) 14 Active Configure low temperature alarms in ACM/UTL for existing indications 14TI1018 and 14TI1019. (KGP)
15 Active Configure tandem seal common trouble alarm 7UA701. (ALKY) 16 Procedural Add sample point to "H2S Sample BA Required" list (attachment to I(F)-39). (FGT) 17 Procedural Label any pipelines that go underground that do not have labels. (ALKY) 18 Procedural Label the V-15589 acid pump out valves. (ALKY) 539
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 540
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
541
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 542
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
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Attachment 1 - Inherently Safer Systems Implemented
Marathon Martinez Refinery Page 1 of 1 Annual Submittal – June 2024 Item Identifier Implementation
Category
Risk Reduction
Level
ISS Strategy
MZ.200029-124775 Project Elimination – removal of the hazard by modifying physical conditions.

MZ.22130-133628 Project Substitution – mitigating the hazard by switching to a non-hazardous alternative
option.

MZ.23003-138028 Project Passive Moderate – Modification of physical conditions to less hazardous conditions.

MZ.23003-230495 Project Passive Moderate – Modification of physical conditions to less hazardous conditions.

MZ.23020-297206 Incident
Investigation
Passive Moderate – Modification of physical
conditions to less hazardous conditions.

MZ.23029-124869 Incident
Investigation
Substitution – mitigating the hazard by
upgrading equipment to reduce the
frequency of a consequence.

MZ.24018-140803 Incident
Investigation
Substitution – mitigating the hazard by
upgrading equipment to reduce the
frequency of a consequence.

MZ.24031-140807 Incident
Investigation
Substitution – mitigating the hazard by
upgrading equipment to reduce the
frequency of a consequence.

MZ.23111-130459 PHA Substitution – mitigating the hazard by upgrading equipment to reduce the frequency of
a consequence.

MZ.24169-144090 PHA Substitution – mitigating the hazard by upgrading equipment to reduce the frequency of
a consequence.

Inherent
Inherent
Inherent
Inherent
Inherent
Inherent
Inherent
544
ATTACHMENT 2

MARTINEZ RENEWABLES
2024 ANNUAL ISO REPORT