PLEASE NOTE: HYBRID MEETING FORMAT
- SPECIAL OPEN SESSION OF THE CITY COUNCIL
- SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, February 17, 2026, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Vice Mayor, District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
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HOW TO SUBMIT PUBLIC COMMENTS:
In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.
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**The mayor will announce the agenda item number and open public comment when appropriate.
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2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
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Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31
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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.
Click here for City Harassment Policy
Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials 2-17-26 CC MTG.
3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
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4 A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED
SESSION
5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Two Cases•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 2-17-26 CC MTG.
5 F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
5:55 p.m.
G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Contract Amendment No. 1 with SWCA Environmental Consultants for Testing and Environmental Review of Richmond Village
12 ADOPT a resolution to APPROVE the first contract amendment with SWCA Environmental Consultants to include Radon Testing for the Part 50 Environmental Review of the Richmond Village Property, increasing the payment amount by $20,304.32, for a total payment limit of $37,804.32, with a term expiration of June 30, 2026 – Richmond Housing Authority (Nannette Beachem/Antoinette Terrell/Greg Palomino 510-621-1300).
M.2 Meeting Minutes 54
APPROVE the minutes of the November 18, 2025, special Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).
N. ADJOURNMENT
_______________________________________________________ 2-17-26 CC MTG.
6 O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 p.m.
P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U. 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)
V. 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.)
V.1 City Attorney's Office
V.1.a Legal Services Agreement Amendment No. 5 with Bennett, Gelini and Gelini, APC, for Litigation Matters
56 APPROVE a fifth amendment with Bennett, Gelini and Gelini, APC, to increase the payment limit by $300,000 for a total amount not to exceed $1,159,990 with a term ending December 31, 2027, for litigation representation – City Attorney’s Office (Kimberly Chin 510- 620-6709/Shannon Moore 510-620-6509).
V.1.b Legal Services Agreement Amendment No. 3 with Stoel Rives, LLP for Land Use Matters
96 APPROVE a third amendment to the legal services agreement with Stoel Rives, LLP, to maintain adequate representation in future and pending land use and California Environmental Quality Act (CEQA) related litigation (Guidiville/Land Use), in the amount of $100,000 for a total amount not to exceed $175,000 with term ending December 31, 2026 – City Attorney’s Office (Kimberly Chin 510-620- 6709/Shannon Moore 510-620-6509).
V.2 City Clerk's Office
V.2.a City Council Minutes 129
APPROVE the minutes of the January 20, 2026, Regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513). 2-17-26 CC MTG.
7 V.3 Community Development
V.3.a Additional Loan for Capital Cost related to the Civic Center Apartments (Homekey) Project
141
ADOPT a resolution increasing the City loan amount from $8.3 million to up to $10.3 million to 425 Civic Center LP for the Civic Center Apartments project, which will convert an existing motel into a 49-unit permanent supportive housing development for the chronically homeless - Community Development Department (Lina Velasco 510- 620-6841/Jesus Morales 510-620-6649).
V.4 Finance Department
V.4.a Contract with SCI Consulting Group for On-Call Consulting Services 147 APPROVE and AUTHORIZE the city manager or their designee to negotiate and execute a sole-source contract with SCI Consulting Services to provide financial and technical advisory services for priority City projects, including Advanced Life Support in the Fire Department and evaluation of the Craneway Pavilion, in an amount not to exceed $70,000, for the term of November 3, 2025, through December 31, 2026 – Finance Department (Emily Combs 510-620- 6740/ Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).
V.4.b Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the Month of December 2025
181
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of December 2025 – Finance Department (Emily Combs 510-620- 6740).
V.5 Fire Department
V.5.a Contract with TargetSolutions Learning, LLC dba Vector Solutions to Provide a Web-based Fire Industry Training and Compliance Management System
214
APPROVE a sole-source contract with TargetSolutions Learning, LLC dba Vector Solutions in an amount not to exceed $30,494, for a three-year term effective January 1, 2026, through January 1, 2029, with two one-year extension options not to exceed an additional $12,000 per year for the extended term – Fire Department (Chief Aaron Osorio 510-307-8021/Chief Rico Rincon 510-307-8041/Den Mark Marcelo 510-307-8038).
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8 V.6 Library and Community Services
V.6.a Richmond Fund for Children and Youth Calendar Year 2026 - 2027 Grants
243
ADOPT a resolution approving grant award recommendations from the Richmond Fund for Children & Youth (RFCY) Oversight Board for Calendar Years 2026-2027 to eight (8) youth-serving nonprofit organizations in a total amount not to exceed $1,217,161 annually and AUTHORIZE the city manager, or their designee, to negotiate and execute grant service agreements with approved grantees - City Manager’s Office (Patrick Seals 510-307-8016/Jora Atienza Washington/Nicholas Delgado 510-620-6523).
V.6.b Contract with Cheryl Maier for American Job Centers of California (AJCC) One-Stop Operator Services
252
APPROVE a sole-source contract with Cheryl Maier to serve as the American Job Centers of California (AJCC) Coordinator for the Richmond Workforce Development Board (RWDB) for a term
commencing July 1, 2025, and ending June 30, 2027, for a total payment limit of $20,000 – Community Services Department (Tamara Walker 510-307-8006/LaShonda White 510-620-6828).
V.6.c Contract Amendment No. 3 with Epic Limousine for Youth Outdoors Richmond Transportation
289
APPROVE a third contract amendment with Epic Limousine to provide transportation services for the Youth Outdoors Richmond Program, increasing the contract by $56,520 for a new total contract amount of $85,820, and extending the contract term to June 30, 2027 – Community Services Department (Tetteh Kisseh 510-620-6919/ Ranjana Maharaj 510-620-6972/Jene Levine-Snipes 510-307-8132).
V.6.d Contracts with Libraria, Ingram Content Group, Mackin Book Company, and Midwest Tape LLC, for Library Materials Services 344
ADOPT a resolution to APPROVE contracts, upon approval by the City Attorney’s Office, with Children’s Plus DBA Libraria, Ingram Content Group, Mackin Book Company, and Midwest Tape LLC, for library materials and preprocessing services, each in an amount not to exceed $300,000 per year, for a term of three years from February 2026 through January 2029, with two optional one-year extensions, and AUTHORIZE the city manager or their designee to execute the contracts – Community Services Department (Christopher
Larsen/Kate Eppler/LaShonda White 510-620-6561).
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9 V.7 Mayor's Office
V.7.a Amend the 2025 Appointments to Committees and Liaison Positions 350 AMEND the 2025–26 appointments of the Mayor and City
Councilmembers to Regional Committees, Ad Hoc Committees, and Liaison positions to add the Community Crisis Response Program Advisory Board and designate Councilmember Claudia Jimenez as its liaison, and to confirm the exchange of liaison assignments between the Mayor and Councilmember Zepeda on the MCE Clean Energy Board - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).
V.7.b Re-appoint Brian Carter to the Design Review Board 356 APPOINT Brian Carter to the Design Review Board with a term that expires on March 17, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
V.7.c Direct the City Manager to identify funding for the Shimada Sister City Delegation Visit in Recognition of the 65th Anniversary of the Richmond–Shimada Sister City Relationship
359
DIRECT the city manager to identify funding in an amount not to exceed $23,000 for expenses associated with hosting an official delegation from Shimada, Japan, in coordination with the Richmond–Shimada Friendship Commission, and at mid-year provide an update on potential requests from other Sister Cities for City Council consideration - Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503) and Councilmember Cesar Zepeda (510-620-6593).
V.7.d Opposing the Unlawful United States Military Intervention Against Venezuela
361
ADOPT a resolution opposing unauthorized United States military intervention in Venezuela, affirming the City of Richmond’s commitment to peace, human rights, constitutional governance, and the prioritization of public resources for local community needs - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Doria Robinson (510-620-6568).
V.7.e Appointment of Shahzaib Shahid to the Planning Commission 366 APPOINT Shahzaib Shahid to the Planning Commission with a term that expires on June 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
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10 V.8 Public Works
V.8.a Purchase of Twenty (20) Fleet Vehicles for Fire, Police, and Abatement Operations from Dublin Chevrolet
368
ADOPT a resolution to APPROVE the purchase of twenty (20) fleet vehicles from California Automotive Retailing Group, Inc. DBA Dublin Chevrolet, utilizing Alameda County Master Contract No. 901979, in a not-to-exceed amount of $1,125,000, for use by the Fire Department, Police Department, and Abatement operations – Public Works Department (Daniel Chavarria/Darin Fitzpatrick 510-231- 3008).
W. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) X. ADJOURNMENT
________________________
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11
February 17, 2026
Economic Development
Richmond Housing Authority (RHA)
DATE: February 17, 2026
TO: Chair Martinez and Members of the Board of
Commissioners of the Richmond Housing Authority
(RHA)
FROM:
Nannette Beacham, Director of Economic Development
Antoinette Terrell, RHA Executive Director
Gregory Palomino, Administrative Assistant
Subject:
Contract Amendment No. 1 with SWCA Environmental
Consultants for Testing and Environmental Review of
Richmond Village
FINANCIAL IMPACT: This will be funded through the U.S. Housing and Urban Development (HUD) annual allocation of Operating
Subsidy and Capital Fund. The initial contract was for
$17,500.00, but with the change order the new total not to exceed amount is $37,804.30 Fiscal Year (FY) 2026
(Account String: 42141191 – 400201).
PREVIOUS COUNCIL
ACTION:
July 1, 2025
STATEMENT OF THE
ISSUE:
Richmond Housing Authority (RHA) contracted with
SWCA Environmental Consultants to perform a Part 50
Environmental Review for the Richmond Village Property.
It has come to the attention of both RHA and SWCA
Environmental Consultants that radon testing must be
considered, which was not included in the scope of the
original contract.
AGENDA
REPORT
12
February 17, 2026
RECOMMENDED ACTION:
ADOPT a resolution to APPROVE the first contract
amendment with SWCA Environmental Consultants to
include Radon Testing for the Part 50 Environmental
Review of the Richmond Village Property, increasing the payment amount by $20,304.32, for a total payment limit of $37,804.32, with a term expiration of June 30, 2026 – Richmond Housing Authority (Nannette
Beachem/Antoinette Terrell/Greg Palomino 510-621-
1300).
DISCUSSION:
On July 1, 2025, the Richmond Housing Authority (RHA) entered into a contract with SWCA Environmental Consultants, for an amount not to exceed $17,500, to perform a 24 Code of Federal Regulations (CFR) Part 50 Environmental review for the Richmond Village Property. In the original scope of work, SWCA was to prepare a Environmental Review Record (ERR) in accordance with the U.S. Department Housing and Urban Development’s (HUD) regulations and best practices.
It has come to the attention of both the RHA and SWCA Environmental Consultants that Radon Testing must be considered under HUD Notice CPD-23-103. Radon Testing was not included under the original contract.
The Richmond Housing Authority (RHA) is required to complete an Environmental Review in accordance with 24 CFR Part 50 to comply with the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement with HUD. This review is a federal requirement in order to proceed with the disposition of the Richmond Village property and its conversion to Section 8 Project-Based Vouchers under HUD’s Section 18 Disposition/Rental Assistance Demonstration (RAD) program.
The amendment modifies the scope of services to include subcontracting services provided by Krazen and Associates, Inc. to conduct environmental site assessment (ESA) and Radon testing for the completion of the 24 CFR Part 50 requirements for the Richmond Village Apartments and modifies the not-to-exceed amount of the contract by $20,304.32 to $37,804.32. Approval of this contract amendment will allow RHA to continue aligning with PHARS requirements while advancing the long-term affordability and sustainability of public housing in Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – SWCA Executed Contract
Attachment 2 – SWCA Contract Amendment #1
Attachment 3 – SWCA Services Agreement Change Order
Attachment 4 – HUD Notice CPD-23-103
Attachment 5 – RHA Resolution SWCA Contract Amendment #1 13 RICHMOND HOUSING AUTHORITY
PURCHASE OF SERVICES CONTRACT
Project Mgr: __________________________________ Project Mgr Phone No:
Project Description: _______________________________________________________________ The parties to this Purchase of Services Contract (Contract) do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the Housing Authority of the City of Richmond, California, (Authority) and the following named Contractor:
(NAME) _________________________________
(Street Address) ___________________________
(City, State, Zip Code) ______________________
(Taxpayer ID No.) ________________________
(Vendor No.)
(Richmond Business License No.) ________________ (Expiration Date) An California [ ] corporation, [ ] partnership, [ ] private individual, [ ] nonprofit corporation, [ ] religious institution, [ ] sole proprietor, [ ] other (Please check appropriate box)
2. Term. The effective date of this Contract is
unless terminated as provided herein.
and it terminates
3. Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed $ _____________ . The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority's Executive Director if the total contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total contract amount is over $10,000.
4. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan which is attached hereto and, is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Gregory Palomino
(510) 621-1361
Part 50 Environmental Review - Richmond Village
SWCA Incorporated dba SWCA Environmental Consultants
20 E Thomas Rd Ste 1700 4111 Broad Street Suite 210 Phoenix, AZ 85012 San Luis Obispo, CA 93401
NA
Oct. 15. 2025
June 30, 2026
17,500.00
NA
✔
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 86-0483317
14 Authority's Obligations. Authority shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any), which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
7. Signatures. These signatures attest the parties' agreement hereto:
HOUSING AUTHORITY OF CONTRACTOR:
THE CITY OF RICHMOND
By ________________________________________ By __________________________________ Title Title
Date Signed ________________________________ Date Signed LIST OF ATTACHMENTS:
Service Plan
Payment Provisions
Insurance Provisions
General Conditions
Special Conditions
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
By _________________________________
Title ________________________________
Date Signed __________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit corporation, this
Contract (1) must be signed by (a) the
Chairperson of the Board, President or Vice
President and (b) the Secretary, any Assistant
Secretary, the Chief Financial Officer or any
Assistant Treasurer and (2) should be
accompanied by completed notary
acknowledgment forms.)
[Complete the notary acknowledgments
which are attached hereto.]
5. Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F Vice Pres. Northern/Central CA
10/16/2025
Brooke Langle
10/16/2025
Executive Director
15 SERVICE PLAN
See the Special Conditions page.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 16 PAYMENT PROVISIONS
(PLEASE NOTE THAT THE HOUSING AUTHORITY OF THE CITY OF RICHMOND
SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT
WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR IF THE TOTAL EXCESS CONTRACT AMOUNT DOES NOT EXCEED $10,000.00 OR WITHOUT
THE PRIOR APPROVAL OF THE AGENCY BOARD IF THE TOTAL EXCESS CONTRACT AMOUNT IS OVER $10,000.00.)
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the Authority.
Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: Accounts Payable, Finance
Department Project Manager:
P. O. Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the Authority's Project Manager, before payments
shall be authorized.
5. The Authority shall pay invoice(s) within 45 days after completion of services to the Authority's satisfaction. Authority shall not pay late fees or interest.
6. A business license from the City of Richmond shall be obtained before any" payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
Gregory Palomino
Gregory Palomino
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 17 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.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 18 GENERAL CONDITIONS
1 Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.
2. Inspection. CONTRACTOR's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the AUTHORITY, the State of California, and the United States Government.
Records.
3.1 CONTRACTOR shall keep and make available for inspection and copying by authorized representatives of the AUTHORITY, the State of California, and the United States Government, the CONTRACTOR's regular business records and such additional records pertaining to this Contract as may be required by the AUTHORITY.
3.2 CONTRACTOR shall retain all documents pertaining to this Contract for a period of five years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the AUTHORITY, the State of California, and the United States Government.
4. Reporting Requirements. CONTRACTOR shall include in all documents or written reports completed and submitted to AUTHORITY in accordance with this Contract a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report.
5. Suspension and Termination.
5.1 Suspension by CONTRACTOR. Contractor shall have a right to immediately suspend the services in the event of: (i) non-payment for undisputed amounts for 90 days after written notice of delinquency provided to AUTHORITY; or (ii) any material breach by AUTHORITY. Such suspension will only apply to those parts of the services to the extent and duration necessary to address the breach or threat and in case of non-payment, until payment is received in full Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day (30) advance written notice thereof to the other, and may be canceled immediately by written mutual consent.
5.2 Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 19 GENERAL CONDITIONS Page 3
5.3.1 The AUTHORITY upon written notice to CONTRACTOR, may immediately terminate this Contract should the CONTRACTOR fail to perform properly any of its obligations hereunder. In the event of such termination, the Authority may proceed with the work in any reasonable manner it chooses Failure to Perform
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written Information Agreements between the CONTRACTOR and the AUTHORITY. Such Information Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder.
Such Information Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the CONTRACTOR as provided herein.
5.3 5.3.2 in lieu of termination, the AUTHORITY has the right to withhold payment to the CONTRACTOR when, in the opinion of the AUTHORITY expressed in writing to the CONTRACTOR
The CONTRACTOR'S performance, in whole or in part either has not been carried out or is insufficiently documented;
The CONTRACTOR has neglected, failed, or refused to furnish information or to cooperate with any inspection, review, or audit of its program, work, or records; or The CONTRACTOR has failed to sufficiently itemize or document its demand(s) for payment.
Cessation of Funding. Notwithstanding Paragraph 5.1 above, in the event that Federal, State, or other non-AUTHORITY funding for this Contract ceases, this Contract may be terminated immediately by AUTHORITY upon written notice.
Cessation of Funding. Notwithstanding Paragraph 5.1 above, in the event that Federal, State, or other non-AUTHORITY funding for this Contract ceases, this Contract may be terminated immediately by AUTHORITY upon written notice.
5.4 Effect of Termination. If this Contract is terminated early, AUTHORITY remains obligated to pay CONTRACTOR for all undisputed services provided up to the date of termination that were within the scope of services contemplated herein.
5.5 Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 20 GENERAL CONDITIONS Page 4
8.1 General Amendments. This Contract may be modified or amended by a written document executed by this CONTRACTOR and the AUTHORITY'S Board of Commissioners or, After Board approval, by its designee, subject to any required State or Federal approval.
9. Disputes. Disagreements between the AUTHORITY and CONTRACTOR concerning the meaning, requirements, or performance of this Contract shall be subject to final determination, in writing, in accordance with the applicable procedures (if any) required by the State or Federal Government.
10. Choice of Law and Jurisdiction.
10.1 This Contract is made in Contra Costa County and shall be governed and construed in accordance with laws of the State of California.
10.2 Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California.
11. Conformation with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract may be amended to assure conformance with such Federal or State requirements.
12. No Waiver by Authority. Subject to Paragraph 9 (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the AUTHORITY relating to the CONTRACTOR's performance, or payments therefor, or any combination of these acts, shall not relieve the CONTRACTOR'S obligation to fulfill this Contract as prescribed; nor shall the AUTHORITY be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of CONTRACTOR. The CONTRACTOR shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the AUTHORITY's Board of Commissioners or its designee, subject to any required State or Federal approval.
14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the CONTRACTOR and AUTHORITY'S Executive Director subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan.
8.2 Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 21 GENERAL CONDITIONS Page 5
relationship of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. CONTRACTOR promises and attests that the CONTRACTOR and any members of its governing body shall avoid any actual or potential conflicts of interest. If CONTRACTOR is a corporation, CONTRACTOR agrees to furnish to the AUTHORITY upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur.
16. Confidentiality.
16.1 CONTRACTOR agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
16.1.1 All applications and records concerning any individual made or kept by CONTRACTOR or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
16.1.2 No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
16.2 CONTRACTOR agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscrimination - CONTRACTOR. CONTRACTOR agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every CONTRACTOR under a Contract with the CITY for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual
orientation, religious creed, national origin or ancestry of any employees, any applicant for employment for any potential subcontractor. Said Section
2.28.030 is, by this reference, made a part of this Contract.
18. Indemnification. Notwithstanding anything to the contrary in this Contract, The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all clams, costs and liability for any damages, Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 22 GENERAL CONDITIONS Page 6
sickness, death or injury to persons or property arising from, or connected with, the operations or services of the CONTRACTOR or its agents, servants employees, affiliates, or subcontractors (collectively "CONTRACTOR Parties") hereunder, to the extent that such damage results from CONTRACTOR or any CONTRACTOR Parties' acts of omissions or is caused by the negligence or misconduct of CONTRACTOR or any CONTRACTOR PARTIES, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees.
CONTRACTOR shall reimburse the AUTHORITY for any expenditures including reasonable attorney's fees, incurred by the AUTHORITY in pursuit or defense of matters that are the subject of this indemnification. If requested by the AUTHORITY, the CONTRACTOR shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the CONTRACTOR. Notwithstanding the foregoing and only as it relates to professional liability or professional negligence, CONTRACTOR'S obligations under this section shall be limited to the extent of its negligence and CONTRACTOR shall have no upfront duty to defend but shall reimburse AUTHORITY for its defense costs (in addition to any applicable payment for the underlying loss) based on a pro rata share of CONTRACTOR'S negligence, as determined by a court of law, jury, or arbitrator.
Limitation of Liability. WITH THE EXCEPTION OF THE AMOUNT THAT
AUTHORITY OWES CONTRACTOR FOR SERVICES RENDERED (INCLUDING
COSTS, EXPENSES, ATTORNEY FEES, AND LATE FEES INCURRED BY
CONTRACTOR WITH RESPECT TO RECOVERING ANY AMOUNTS OWED TO
CONTRACTOR UNDER THIS CONTRACT) THE AGGREGATE LIABILITY OF
EITHER PARTY FOR ANY CLAIMS DERIVING FROM OR ARISING OUT OF THIS
CONTRACT SHALL NOT EXCEED THE LESSER OF FEES PAID BY AUTHORITY TO CONTRACTOR FOR THE SERVICES UNDER THIS CONTRACT OR $1,000,000,
IN EACH CASE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHAT CAUSE OF ACTION (INCLUDING NEGLIGENCE) OR CLAIM FOR RELIEF IS ASSERTED, IN NO
EVENT WILL EITHER PARTY OR ITS AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, SUCCESSORS, ASSIGNS, TEAM MEMBERS, OR AFFILIATES BE
LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, LOST
TIME, LOST SAVINGS, LOST CONFIDENTIAL OR OTHER INFORMATION,
BUSINESS INTERRUPTION, OR FOR ANY MATTER ARISING FROM OR
RELATING TO THIS CONTRACT EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION OF LIBILITY
SHALL NOT APPLY TO, OR LIMIT, CONTRACTOR'S INDEMNIFICATION, DEFENSE, OR HOLD HARMLESS OBLIGATIONS UNDER THIS AGREEMENT.
19. Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 23 GENERAL CONDITIONS Page 7
Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the AUTHORITY shall be addressed to the AUTHORITY'S Executive Director. Notices to the CONTRACTOR shall be addressed to the CONTRACTOR'S address designated herein. The effective date of notice to the CONTRACTOR shall be the date of receipt by CONTRACTOR. The effective date of notice to the AUTHORITY shall be the date of receipt by the AUTHORITY'S Executive Director.
Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions
Nonrenewal. CONTRACTOR understands and agrees that there is no representation, implication, or understanding that the services provided by CONTRACTOR under this Contract will be purchased or renewed by the AUTHORITY under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by AUTHORITY to continue the purchase of all or any failure to continue purchase of all or any such services from CONTRACTOR.
Possessory Interest. If this Contract results in the CONTRACTOR having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and CONTRACTOR may be subject to the payment of property taxes levied on such interest.
No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the AUTHORITY'S population, it is not the intention of either the AUTHORITY or CONTRACTOR that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract.
Copyrights and Rights in Data. CONTRACTOR shall not publish or transfer any materials produced or resulting from activities supported by this Contract without the express prior written consent of the AUTHORITY's Executive Director. If any material is subject to copyright, the AUTHORITY reserves the right to copyright such, and the CONTRACTOR agrees not to copyright such material. If the material is copyrighted by CONTRACTOR, the AUTHORITY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.
20. 21.
22. 23.
24. 25.
Changes and Extra Work
26.1 When Changes in the Services Plan are required by AUTHORITY or requested by CONTRACTOR, CONTRACTOR shall promptly estimate their effect on the cost of the services, and on its time schedule, and so notify AUTHORITY in writing.
26. Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 24 GENERAL CONDITIONS Page 8
26.2 No Change shall be implemented by CONTRACTOR unless it is approved by the parties in writing. Unless otherwise agreed to in writing, all provisions of this Contract shall apply to all changes in the Service Plan
26.3 If AUTHORITY determines that a Change materially affects the total value or time of performance of this Contract, CONTRACTOR and AUTHORITY will mutually agree in writing to an equitable adjustment.
26.4 Within the limits of the Contract Payment Limit of this Contract, AUTHORITY may request Extra Work to be performed by CONTRACTOR. Extra Work is defined as work which was not authorized in the original Contract, and is, subsequent to the execution of this Contract by all parties hereto, determined by the AUTHORITY to be necessary for the Project. Upon receipt of an Extra Work authorization from AUTHORITY's Authorized Representative, CONTRACTOR shall continue performance of the services as revised by the authorization.
26.5 If AUTHORITY determines that revisions to the Contract Payment Limit, Service Plan, Payment Provisions, or other parts of the Contract are necessary, the revisions shall be mutually agreed upon and incorporated herein through the execution of written amendments to this Contract.
Survival
The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract, shall remain in full force and effect after termination or completion
27. Performance and Final Acceptance.
27.1 CONTRACTOR represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
27.2 CONTRACTOR shall perform the services under this Contract with that degree of skill and judgment normally exercised by qualified persons performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which AUTHORITY may have, CONTRACTOR shall, as of the completion of each applicable work order and for a period of one year, at its own expense, correct any services which fail to meet the above standard.
27.3 AUTHORITY shall provide CONTRACTOR an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should CONTRACTOR fail to make necessary corrections in a timely manner (but in any event in no less than seven (7) days), such corrections shall be made by the AUTHORITY and the cost thereof shall be charged to CONTRACTOR.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 25 27.4 If warranted, AUTHORITY shall determine, and CONTRACTOR may request such determination, that CONTRACTOR has satisfactorily completed performance of this Contract. Upon such determination, AUTHORITY shall issue to CONTRACTOR a written Notice of Final Acceptance, after which CONTRACTOR shall not incur further costs under this Contract. CONTRACTOR shall respond to such Notice of Final Acceptance by executing and submitting to AUTHORITY a Release and Certificate of Final Payment.
Force Majeure
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party.
Severability
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 26 GENERAL CONDITIONS Page 9
30. Authorized Representatives and Notices.
30.1 AUTHORITY and CONTRACTOR shall each designate, below, an Authorized Representative who has authority to act on its behalf in the administration of this Contract.
30.2 Written notification to the other party shall be provided, in advance, of changes in name or address of such Authorized Representatives.
30.3 Notices provided for under this Contract shall be in writing, and shall be served on the Authorized Representative of the receiving party, either personally or at the party's offices, or by registered or certified mail to its office address.
30.4 AUTHORITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
30.5 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
31. Pursuant to Richmond Municipal Code Section 7.04.030, the Contractor must have, or must obtain, a City of Richmond business license before any provision of this Contract will be deemed to take effect.
Gregory Palomino
450 Civic Center Plaza 2nd Floor
Richmond CA, 94804
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F Alaina Callinan
60 Stone Pine Road, Suite 201
Half Moon Bay, CA, 94019
27 SPECIAL CONDITIONS
1. HUD NEPA Environmental Review Record (Scope of Work) • 1.1 Kickoff and Coordination: SWCA will lead a kickoff meeting with RHA to confirm the project scope and schedule, establish communication protocols, and define the project boundary. This includes virtual attendance by SWCA Project Manager Alaina Callinan and two additional coordination meetings as needed. SWCA will manage its team, project scope, budget, and quality assurance.
• 1.2 Project Description: SWCA will prepare a draft and preliminary project description based on RHA-provided details and existing documentation, with one round of RHA review. • 1.3 Environmental Record of Review (ERR) Package: SWCA will prepare a CEST level ERR for R
HA's review, compliant with HUD regulations (24 CFR 50) and based on information from the kickoff meeting, Environmental Site Visit, and project application. The ERR will address compliance with relevant environmental laws and authorities, including 24 CFR 51, 24 CFR 55, 35 CFR 800, 40 CFR 1500-1508, and 50 CFR 402. This scope does not include additional studies (e.g., Phase I ESA, radon, asbestos, lead-based paint, geotechnical, biological, archaeological, noise, or traffic studies); RHA will provide these if required. o Deliverables: The CEST ERR package will include: Introduction, HUD CEST Statutory Checklist, Summary of Findings and Conclusions, Mitigation Measures, List of Preparers, Copies of any special studies reports, and HUD Environmental Review Partner Worksheets.
o Submission: One electronic draft (MS Word) will be submitted to RHA for review. Upon approval, final electronic copies (MS Word and Adobe PDF) will be produced, and a Public Review CEST will be submitted if public review is required. SWCA will transfe r
p
artner-level user data to HUD Online Environmental Review System (HEROS) for HUD finalization. The ERR becomes final upon HUD approval in HEROS.
Key Assumptions:
• All reporting and investigations are in support of NEPA, not California Environmental Quality Act (CEQA).
• One round of RHA comments is included.
• CEST is the appropriate NEPA review level.
• Project description remains stable.
• Project site is not in a special flood hazard area or mapped wetland, thus compliance with Executive Orders 11988 and 11990 and associated noticing is not anticipated. • Section 106 of the National Historic Preservation Act will be satisfied by using the "No Potential to Cause Effects" Determination for Rental Assistance Demonstration (RAD) Projects Limited to Maintenance Activities.
• Deliverables are electronic; no hard copies.
• In-person meetings are not required.
• SWCA can utilize overall project funding flexibly within the budget. • Tasks not explicitly described are not included.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 28 2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled “HUD Table 5.1” which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.
3. Contractor shall provide the insurance coverage set forth in the document entitled “City of Richmond – Insurance Requirements – Type 2: “Professional Services” which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the “City of Richmond” or the “CITY”, the Contractor shall substitute the words “Housing Authority of the City of Richmond” or “Authority”.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 29 TABLE 5.1 of HUD Procurement Handbook 7460.8 REV 2
MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations.
Examination and Retention of Contractor’s Records. The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.
Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including, but not limited to, reports, memoranda or letters concerning the research and reporting tasks of the Contract.
Energy Efficiency. The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Termination for Cause and for Convenience (contracts of $10,000 or more). (a) The PHA may terminate this contract in whole, or from time to time in part, for the PHA’s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (b) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 30 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 31 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 32 ___ 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.
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F 33 CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal informatio n about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purp ose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predic tive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , Cal ifornia.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Docusign Envelope ID: DEC3D52B-AB10-4F45-90E0-8E618CDA5C0F Vice Pres. Northern/Central CA
SWCA, Inc.
SWCA, Inc.
10/16/2025
Brooke Langle
34 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 A mendment 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 t o 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 agr ee 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.
Richmond Housing Authority
Gregory Palomino
[email protected]
(510) 621-1361
17340
7786
SWCA will prepare a Environmental Record of Review Package compliant with HUD Regulations in 24 CFR 50 for a Part 50 Environmental Review of the Richmond Village Property to support a Rental Assistance Demonstration Conversion. 1 SWCA Incorporated dba SWCA Environmental Consultants
20 E Thomas Rd Ste 1700 4111 Broad Street Suite 210 Phoenix, AZ 85012 San Luis Obispo, CA 93401 Alaina Callinan
(845) 253-2794
[email protected]
#
July 1, 2025
October, 15, 2025
June 30, 2026
$17,500.00
35 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. Cit
y 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. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e 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. Author
ity; Counterparts; Signatures. Each of the signatories her eto 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.
CIT
Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.
By: ________________
_______________
City Clerk
Appr
oved 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.)
SWCA Incorporated dba SWCA Environmental Consultants
36 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 t o 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 t o 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 t o 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 t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y 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 ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y 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 t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
37 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.) ■
20,304.32
37,804.32
■
SWCA will engage subcontracting services provided by Krazen and Associates, Inc. to provide ESA and Radon Testing for the completion of HUD NEPA Part 50 requirements for the Richmond Village Apartments 38 SERVICES AGREEMENT CHANGE ORDER
SWCA, Incorporated
20 E Thomas Road, Suite 1700
Phoenix, Arizona 85012
Tax I.D. Number 860483317
Project Name: Richmond Village HUD NEPA Part 50 Project Number: 99008 Client: Richmond Housing Authority Date : November 21, 2025 SWCA Project Manager: Alaina Callinan
The purpose of this Change Order is to reflect certain modifications to the contract for services ("Agreement") entered into between SWCA, Incorporated ("SWCA") and the client identified above ("Client") pursuant to which SWCA agreed to provide certain services to Client. SWCA and Client agree to the following modifications:
Changes in Scope of SWCA Services: The following describes any changes in the scope of services to be provided by SWCA: [describe any additional services, reductions in scope or other modifications]
SWCA will engage subcontracting services provided by Krazen and Associates,Inc. to provide a Phase I ESA and Radon Testing for the completion of the HUD NEPA Part 50 for Richmond Village Apartments I, II and III.
Changes in Fees for SWCA Services: The following describes any changes in the amount of fees payable to SWCA:
[describe any additional fees, reductions or other modifications; describe whether additional fees are to be billable as provided in original contract or on another basis (e.g., fixed fee or time and materials)]
The additional fees for the radon testing and Phase I ESA will total $20,304.32 Changes in SWCA Cost Reimbursement: The following describes any changes in costs reimbursable to SWCA:
[describe any changes in the nature or amount of reimbursable costs]
The reimburseable costs will be fixed fee costs associated with completion of the studies.
Changes in Payment Terms: The following describes any changes in payment terms for fees and costs payable to SWCA:
[indicate whether payment terms are same as original contract or whether payment terms are being modified]
This change order supplements and does not alter the terms of the original agreement except as specified herein. All other terms and conditions of the original agreement remain in effect.
Other Changes: The following describes any other changes in the terms of the Agreement: [describe any other significant changes such as changes in estimated completion date]
N/A
Except as modified by this Change Order, the terms of the Agreement shall remain in full force and effect. This Change Order is hereby incorporated into the Agreement.
SWCA Incorporated, an Arizona corporation
Client:
By:
By:
(signature) (signature)
Name: Alaina Callinan Name:
Title: Business Line Director/Project Manager Title:
Date: Date:
39 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
Special attention of:
Regional Directors
Field Office Directors
CPD Directors and field office staff
OEE Directors and field office staff
PIH Directors and field office staff
Office of Housing Directors and division
staff
ONAP Administrators and field office staff
OLHCHH Directors and Healthy Homes
Representatives
Program Environmental Clearance Officers
Responsible Entities
Public Housing Authorities
Tribes
Tribally Designated Housing Entities
Notice: CPD-23-103
Issued: January 11, 2024
This notice will be effective 90 days after
the date issued. For Tribes, Tribally
Designated Housing Entities, and
Department of Hawaiian Homelands
Recipients, however, it will be
effective two years after the date issued.
Expires: This Notice is effective until
amended, superseded, or rescinded
SUBJECT: Departmental Policy for Addressing Radon in the Environmental Review Process
I. Purpose
The purpose of this Notice is to clarify that radon must be considered in the contamination analysis for 24 CFR Parts 50 or 58, as applicable; to provide guidance on recommended best practices for considering radon; and to identify the U.S. Department of Housing and Urban Development (HUD) programs that have established specific radon guidance. This Notice does not impose radon testing requirements; however, it does include guidance on strategies for considering radon in the site contamination analysis.
This notice applies only to projects that are subject to HUD’s contamination regulations at 24 CFR 50.3(i) or 24 CFR 58.5(i). It does not apply to the purchase of single family homes with an FHA-backed mortgage nor Section 184 and Section 184A loan guarantees. This notice also does not preempt any existing, federal state, or local requirements regarding radon. It also does not preempt the radon requirements found in HUD’s Office of Housing programs following the Multifamily Accelerated Processing (MAP) Guide, Healthcare Mortgage Insurance Program Handbook, Rental Assistance Demonstration Program Notice and supplemental guidance, or other current or future radon guidance that is more prescriptive. See section IV of this notice for links to Housing radon guidance documents.
Compliance with this notice is required 90 days after the date issued for all HUD programs subject to 24 CFR Parts 50 and 58, with the exception of Tribe, Tribally Designated Housing Entity (TDHE), and Department of Hawaiian Homeland (DHHL) recipients. In 40 2
recognition of the need to provide additional support for radon programs, compliance with this notice is required starting January 11, 2026 for Tribe, TDHE, and DHHL recipients.
II. Radon and its health effects
Radon is a radioactive gas that forms when radium and certain other radioactive metals break down in rocks, soil, and water.1 It is found in nearly all soils and moves through the soil to the air and into structures through cracks and other areas of permeability. Building materials and groundwater may also be a source of indoor radon. Once inside, radon concentrations can build to high levels, regardless of the age, condition, or design of the building.
The most common pathway for human exposure to radon is inhalation indoors. Radon is the number one cause of lung cancer in non-smokers and the second leading cause of lung cancer overall.2 The risk of adverse health effects from radon in indoor air depends largely on two main variables: the level of radon exposure and the length of time exposed. Many radon-induced lung cancers can be prevented by testing and reducing radon levels in existing buildings and by using radon resistant construction techniques for all new construction.3
The goal for mitigating radon in buildings is to reduce radon concentrations in indoor air as low as reasonably achievable and practicable considering the efficacy of current industry- standard radon reduction systems and environmental conditions (e.g., geology and climate). The most effective strategy to protect the health and safety of occupants is to prevent radon from entering the building by using radon resistant construction techniques; another effective strategy is to reduce the level of radon inside existing buildings by installing and operating a radon reduction system. An effective radon reduction system achieves two main goals: it reduces the concentration of radon gas in the home by venting it safely outside the structure and removes the radon gas from under the foundation before it can come into the home.
III. Considering radon in the environmental review
HUD’s environmental regulations at 24 CFR 58.5(i)(2)(i) and (ii)4 state that,
[i]t is HUD’s policy that all properties that are being proposed for use in HUD programs be free of hazardous materials,
contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property.
The environmental review of multifamily housing . . . , must include the evaluation of . . . other evidence of contamination on or near the site, to ensure that occupants of proposed sites are not
1 National Institute of Health, Periodic Table, Element Summary, “Radon”, https://pubchem.ncbi.nlm.nih.gov/element/Radon.
2 U.S. Environmental Protection Agency, “Health Risk of Radon”, https://www.epa.gov/radon/health-risk-radon. 3 https://www.epa.gov/radon/health-risk-radon.
4 HUD’s contamination policy at 24 CFR 50.3(i)(1) and (2) implements the same substantive policy with slightly different text, https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.3 . 41 3
adversely affected by any of the hazards listed in paragraph (i)(2)(i) of this section.
As radon is a radioactive substance, HUD or the responsible entity (RE) must consider it as part of the site contamination analysis for projects that:
• Require an environmental review at the level of Categorically Excluded Subject to 50.4 or 58.5 (“CEST”), Environmental Assessment, or Environmental Impact Statement; and • Involve structures that are occupied or are intended to be occupied at least four (4) hours a day.
Note: HUD’s contamination policy does not apply to projects that are Exempt or Categorically Excluded Not Subject to 50.4 or 58.5 (“CENST”).
HUD encourages environmental review preparers to follow the most recent U.S.
Environmental Protection Agency (EPA) recommendations about assessing the health risk from radon exposure and when to reduce radon levels in indoor air. Because more people are exposed to moderate levels of radon, most radon-induced lung cancer results from long-term exposure to low or moderate radon levels in the home, as opposed to short term exposure to very high levels of radon.5 The EPA recommends homes be fixed if the radon level is 4 pCi/L or more. Because there is no known safe level of exposure to radon, EPA also recommends that Americans consider fixing their home for radon levels between 2 pCi/L and 4 pCi/L6. Indoor air radon levels vary across the U.S. and from parcel to parcel due to differences in geology, climate, seasonal variation, building construction, and other conditions. Additionally, because radon cannot be seen, tasted, or smelled, the only method for determining the precise radon level in a specific building is to test the indoor air.
Exemptions from having to consider radon in the contamination analysis7:
• Buildings with no enclosed areas having ground contact. o Buildings containing crawlspaces, utility tunnels, or parking garages would not be exempt, however buildings built on piers would be exempt, provided that there is open air between the lowest floor of the building and the ground. • Buildings that are not residential and will not be occupied for more than 4 hours per day. • Buildings with existing radon mitigation systems - document radon levels are below 4 pCi/L8 with test results dated within two years of submitting the application for HUD assistance and document the system includes an ongoing maintenance plan that includes periodic testing to ensure the system continues to meet the current EPA recommended levels. If the project does not require an application, document test results dated within
5 World Health Organization, Handbook on Indoor Radon; A Public Health Perspective (January 1, 2009). p. x, 2, https://www.who.int/publications/i/item/9789241547673.
6 https://www.epa.gov/radon/what-epas-action-level-radon-and-what-does-it-mean 7 These exemptions are specific to this notice and do not all comport with the requirements in the MAP Guide, Healthcare Mortgage Insurance Program Handbook, RAD Program Notice and supplemental guidance or other program guidance.
8 Or the EPA’s current recommended level for reducing radon levels in indoor air, https://www.epa.gov/radon/health-risk-radon.
42 4
two years of the date the environmental review is certified. Refer to program office guidance to ensure compliance with program requirements. • Buildings tested within five years9 of the submission of application for HUD assistance:
test results document indoor radon levels are below current the EPA’s recommended action levels of 4.0 pCi/L. For buildings with test data older than five years, any new environmental review must include a consideration of radon using one of the methods in Section A below.
A. How to consider radon in the HUD Environmental Review This section details how environmental review preparers may consider radon in the HUD environmental review in order to satisfy 24 CFR 50.3(i) or 24 CFR 58.5(i) 10. This section provides a recommended “best practice” method; however, preparers may utilize one of the alternate options if they choose not to implement the best practice.
i. Recommended Best Practice
When considering radon in the contamination analysis, HUD strongly recommends using the American National Standards Institute/American Association of Radon Scientists and Technologists (ANSI/AARST) radon testing standards for single- and multi- family buildings, schools, and large buildings, including those constructed using radon-resistant construction techniques.11 The ANSI/AARST standard describes how to conduct testing, interpret test results, and draft a Radon Test Report to document the process for the building owner (and to use as documentation for the ERR).
The ANSI/AARST standards can be viewed online for free and are intended to be implemented by licensed radon professionals. To find a licensed radon professional in your area contact the State/Tribe’s radon program office,12 National Radon Proficiency Program (NRPP),13 or the National Radon Safety Board (NRSB).14
There may also be state and/or local radon requirements, depending on the jurisdiction.
Contact the relevant State/Tribal radon control program to ensure the project complies with State/Tribal requirements.15
Note: Although testing is not required under this notice, testing is the only way to determine the radon level within a building.
9 Note that the allowance for the use of test results within the previous five years is specific to this notice and does not comport with the ANSI/AARST standards.
10 This section does not apply to projects that are subject to the MAP Guide, Healthcare Mortgage Insurance Program Handbook or RAD Program Notice and supplemental guidance or other current or future HUD radon guidance that is more prescriptive.
11 ANSI/AARST Standards (In lieu of developing a federal radon testing standard, the EPA references the ANSI/AARST Standards), https://standards.aarst.org/ (https://www.epa.gov/radon/radon-standards-practice). 12 The National Radon Program Services, “State Radon Programs Information”, https://sosradon.org/state. 13 NRPP, https://nrpp.info.
14 NRSB, https://www.nrsb.org.
15 https://sosradon.org/state.
43 5
ii. Alternative Options
Using the ANSI/AARST radon testing standards is not the only option available for considering the risk that occupants may be exposed to high radon levels.16 If the environmental review preparer chooses not to conduct radon testing per the ANSI/AARST standards, one of the following alternative strategies17 must be used to consider radon in the contamination analysis.
Review the HUD program office guidance in Section IV to ensure the strategy used to consider radon in the contamination analysis complies with specific program office requirements for the project.18
1. Do-it-yourself (DIY) radon test kits may be used to measure radon levels in single- family dwelling units. In HUD single-family buildings19 with multiple units, one DIY test kit must be used for each dwelling unit. DIY radon test kits may be available for low or no cost through State/Tribal radon program offices and are available to purchase through the National Radon Program Services website and some state radon control program websites.20
When using a DIY test kit, there can be quality control issues that affect the quality of the test results. To ensure the DIY test results are as accurate as possible, it is important to read the entire test kit instructions before activating the test device and to follow them fully. The EPA’s Citizen’s Guide to Radon21 and the ANSI/AARST standard for testing single-family housing are excellent resources for detailed instructions about conducting the radon test, including where to place the test device(s), how to prepare the home (whether to close the windows, turn off fans, the length of time to test), how to document the test process, and interpret the results. HUD encourages that test devices be approved by either the NRPP or NRSB. Contact the National Radon Program Services helpline, the State/Tribal radon program office, or the local health department for assistance.22
2. In remote or other areas where there are no licensed/certified radon professionals and/or DIY test kits cannot be shipped to a lab in sufficient time, the local government, such as a local health department or environmental department, may decide to purchase radon monitoring equipment and train staff to use it. Monitoring equipment, such as continuous radon monitors, should be used in accordance with the manufacturer’s instructions and intended use and staff should ensure proper quality control and quality assurance practices are adhered to.
16 High levels of radon are those that are at or above 4 pCi/L. 17 Alternative to measuring radon levels in indoor air using the ANSI/AARST standards. 18 Note: REs and HUD must also ensure that the strategy used complies with any state or local laws and regulations regarding radon.
19 HUD defines “single family building” as a residential building with one to four dwelling units. 20 National Radon Program Services, https://sosradon.org/purchase-kits. 21 EPA, A Citizen's Guide to Radon: The Guide to Protecting Yourself and Your Family from Radon (EPA 402/K- 12/002, December 2016), https://www.epa.gov/radon/publications-about-radon. 22 The National Radon Program Services, which has phone, email, and mail connections, is operated by Kansas State University for the US EPA, https://sosradon.org/Contact. (The phone numbers may also be reached by persons with hearing or speech difficulties by dialing 711 via teletype (TTY) or telecommunications device for the deaf (TDD)). 44 6
3. Scientific data review. Available science-based information may be used to determine whether the project site is located in an area that has average documented radon levels at or above 4 pCi/L. Contact the State/Tribal radon program office (or health department), as needed, for assistance with obtaining and interpreting available science-based information about radon levels in the area. Science-based information includes, but is not limited to:
• State/Tribe-generated radon information, such as surveys of radon levels from collecting radon measurement data or geological studies that identify high risk areas. • Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), National Environmental Public Health Tracking, Radon Testing map.23 This map provides radon test data from national radon testing laboratories and states that can be viewed by state or county. Radon test data ranges from 1988 to the present.
Environmental review preparers may not use the EPA Map of Radon Zones nor EPA State Maps of Radon Zones for considering radon levels at a project site for compliance with 24 CFR 50.3(i) or 24 CFR 58.5(i) because it is not appropriate for a site-specific analysis of radon risk, which is required for a HUD environmental review.
Note: Although science-based, a document review does not determine the radon level in a specific building; where feasible, HUD recommends using one of the radon testing strategies.
When conducting a scientific data review in lieu of testing, there must be a minimum of 10 (ten) documented test results over the previous 10 years for which data is available in a given county for the scientific data review approach to be utilized. If there are less than 10 documented results over this period, then there is a lack of scientific data for the purposes of this notice and no further consideration of radon is needed if testing is infeasible or impracticable.
Additionally, testing data utilized should cover the smallest geographic area for which the minimum amount of documented test results exist, up in size to the county in which the project is located. The best available data must be used. Best available data refers to the most current data that best indicates the level of radon concentration at a project site. Whenever possible, utilize the average of the previous 10 years of data.
There may be certain scenarios in which use of the Recommended Best Practice or Alternative Options identified above may not be feasible or practicable due to limited access to testing (e.g., lack of licensed radon professionals in the project area) and lack of scientific data (e.g., there are less than 10 documented test results over the previous 10 years). Refer to section C. Documenting the environmental review record below for documentation requirements in these scenarios.
23 CDC, “National Environmental Public Health Tracking, Radon Testing”, https://www.cdc.gov/nceh/tracking/topics/RadonTesting.htm. 45 7
B. Mitigating Radon
When radon testing determines indoor air radon levels are at or above 4 pCi/L or the scientific data review determines the project site is located in an area that has documented radon levels at or above 4 pCi/L, the Environmental Review Record (ERR) must include a mitigation plan. When the determination is based on a scientific data review, if feasible, HUD recommends conducting radon testing (using one of the testing strategies described in the previous sections) to confirm radon levels in the building(s) proposed for HUD funding. If testing then demonstrates that radon levels within the building are below 4 pCi/L, mitigation would not be required; environmental review preparers can simply document the test results in the ERR.
The mitigation plan24 must identify the radon level; consider the risk to occupants’ health; describe the radon reduction system that will be installed; whenever possible, establish an ongoing maintenance plan to ensure the system is operating as intended; establish a reasonable timeframe for implementation (i.e., integrate radon mitigation activities into an annual plan or a 5-year plan that is already completed for HUD funded activities); and require post-installation testing. Where feasible, post-installation testing should be conducted by a licensed radon professional. In an area where there are no licensed radon professionals, there may be other personnel, such as trained staff, other professionals (i.e., engineers, geologist, scientists, public health staff) who have experience conducting radon testing or have the relevant skills and knowledge to follow the device instructions or ANSI/AARST test protocols and mitigation standards. For assistance Contact the EPA’s local radon program office, state/Tribe radon program office, the National Radon Program Services,25 or refer to the applicable ANSI/AARST standard for guidance.
If using the ANSI/AARST mitigation standard to install the radon reduction system, follow the guidance in the standard to draft the mitigation and the operation, maintenance, and monitoring plans.
C. Documenting the environmental review record
Under HUD’s regulations, 24 CFR 58.38(a)(3) or 50.11, HUD, or the RE, is required to document the radon evaluation as part of the contamination analysis in the ERR. For ERRs documented using the HUD Environmental Review Online System (HEROS), document the radon evaluation in the Contamination and Toxic Substances factor Compliance Determination screen and upload supporting documentation. For Office of Housing projects, document the radon evaluation in the HEROS Housing Requirements Screen.
If testing is not conducted and not otherwise required by program guidance, the documentation will need to provide evidence of average documented radon test results covering the project site or its county, other science-based information suggesting radon levels at the project site, or evidence of a lack thereof.
24 Example of an areawide radon testing plan: Home Forward, Multnomah County, Oregon at:
http://homeforward.org/content/radon-information.
25 EPA Regional, State, and Tribal Radon contacts, https://www.epa.gov/radon/epa-map-radon-zones-and- supplemental-information#datainfo; National Radon Program Services, https://sosradon.org/main or 800 644-6999. 46 8
In instances where radon testing will be conducted but cannot be conducted until after the environmental review record is certified -such as with new construction or certain rehabilitation projects- then the initial documentation would not include a radon evaluation but must include a condition for post-construction radon testing followed by mitigation if needed. The environmental preparer must update the environmental review record with the radon evaluation and proof of any required mitigation when complete.
Acceptable methods to document radon consideration in the ERR include:
• ANSI/AARST standard: Include a copy of the test report and mitigation plan (if applicable) as described in the standard in the ERR. For Office of Housing programs, follow program guidance requirements on timing and documentation.
• DIY and other radon test strategies: Document the test device, time period of test, test conditions (HVAC system off windows closed, outside temperature), test results, and other conditions relevant to test conditions. Refer to the applicable ANSI/AARST standard as guidance.
• Review of CDC radon testing data, geologic studies/maps, other scientific data: Describe and cite the maps and data used to determine the area wide radon levels and include copies of all supporting documentation (maps/studies) in the ERR.
• In instances where HUD grantees, applicants, and recipients are unable to obtain science- based data, environmental review preparers must consider the feasibility of radon testing if they have not already. If the grantee, applicant, or recipient determines that testing is infeasible or impracticable, the environmental review must document the basis for this determination.26. Acceptable documentation in these scenarios where testing is infeasible and science-based data is not available includes but is not limited to: correspondence with state and local radon control agencies indicating a lack of scientific data evidencing radon levels at the project site, a copy of CDC Environmental Health Tracking Network information showing the project site is located in a county with a lack of scientific data, and a basis for the conclusion that testing would be infeasible or impracticable. The RE, grantee, applicant, or recipient is not required to submit additional documentation substantiating their decision that testing is infeasible or impracticable.
• When all this is documented in the ERR, no further consideration of radon is needed and no further action with respect to radon is needed for the environmental review. .
Examples of acceptable documentation of radon consideration in the ERR:
• A project site is located in a county in which the CDC Radon Testing data shows that more than 10 tests have been conducted over the last 10 years. The average of the 200 tests completed in the county over the last 10 years is 4.5 pCi/L. Since scientific data
26 Common instances where this determination may occur include a lack of funding for testing or the cost of testing is prohibitively high when compared with the cost of a particular low-dollar project. 47 9
indicates that average radon levels in the county in which the project is located are greater than 4.0 pCi/L, the grantee must either test for radon or formulate a mitigation plan they will implement.
• Radon testing data from the CDC Environmental Public Health Tracking Network map shows data for the county in which the project site is located, which is the smallest area for which data is available. The data shows the annual mean pre-mitigation radon measurement in tested buildings for the most recent 10-year period as 1.8 pCi/L. There is no other available evidence of radon levels in the area. The local government chooses to establish a radon testing plan to confirm radon levels in specific buildings are below 4 pCi/L. The test plan timeframe aligns with the RE’s housing rehabilitation plan.
• A project site is located in a county in which the CDC Radon data shows that more than 10 tests have been conducted over the last 10 years. The average of the 220 tests completed in the county over the last 10 years in 3.2 pCi/L. The responsible entity or HUD reviewer documents the results in the environmental review records and therefore satisfies this notice’s requirement that radon be considered as part of the environmental review process.
• A project site is located in a county in which the CDC data shows that fewer than 10 tests have been conducted over the last 10 years. The RE or HUD reviewer documents the lack of scientific data in the environmental review records. The RE has reviewed the cost of radon testing for the project and determined that testing is infeasible because the cost to test for this project would cut too much into the project’s small budget. They note this determination in the environmental review record.
The local EPA radon contact person and the National Radon Program Services may be able to assist with developing a testing plan. The EPA’s A Citizen’s Guide to Radon (for single family homes) and the ANSI/AARST standards (single family and multifamily buildings) are a good source for guidance on the information that is included in a test plan.
Note: HUD or a Responsible Entity must reject projects in areas that have sufficient documented radon levels at or above 4 pCi/L if no mitigation has been proposed or performed.
IV. HUD program office documents addressing radon
Current HUD program office guidance regarding radon testing and mitigation is listed below. Each HUD program office is responsible for issuing program-specific radon guidance.
Program guidance may be updated as Departmental policies develop; be sure to use the most current guidance. Additionally, this notice does not preempt or modify existing HUD program- specific radon requirements, such as those found in the Multifamily Accelerated Processing (MAP) Guide, the Healthcare Mortgage Insurance Program Handbook 4232.1 Rev-1, the RAD Program Notice and Supplemental Notice 4B, or other current or future radon guidance that is more prescriptive. For questions concerning program office guidance, contact your program office representative.
48 10
• Office of Housing, Multifamily Housing, Multifamily Accelerated Processing Guide (4430.G), Section 9.6.3,
https://www.hud.gov/program_offices/administration/hudclips/guidebooks/hsg-gb4430 • Office of Housing, Office of Residential Care Facilities, Healthcare Mortgage Insurance Program Handbook (4232.1), Section 7.8, Rev-1), or most recent edition, https://www.hud.gov/sites/documents/42321S2C7HSGH.PDF
• Office of Housing, Office of Recapitalization, Rental Assistance Demonstration (RAD) Program (Notice H-2019-09 PIH-2019-23 (HA)) and Supplemental Notice 4B (Notice H- 2023-08 PIH-2023-19 (HA)), https://www.hud.gov/RAD/library/notices o Quick Reference Guide, Environmental Review Requirements for RAD Conversions (2020),
https://www.hudexchange.info/resource/4216/environmental-review- requirements-for-rad-transactions/. Check RAD Resource Desk for future guidance, https://www.radresource.net/index.cfm
• Office of Public and Indian Housing (PIH), Radon Information for PIH Programs (Notice 2013-06 (HA)), https://www.hud.gov/sites/documents/PIH2013-06.PDF and https://www.hudexchange.info/programs/radon/
V. Resources
A. HUD resources for implementation of this notice
Costs for radon testing and mitigation are considered eligible program costs for many HUD grant programs. As such, costs for radon testing and mitigation could be included in the total project costs funded or insured by HUD. Note: Costs for ongoing operation and/or maintenance of installed mitigation systems may not be eligible under certain HUD programs.
For questions about the eligibility of the ongoing maintenance of radon mitigation systems, as well as other funding-specific questions, contact your HUD program office contact.
Table A on the following page, notes the major HUD programs for which radon testing and/or mitigation under 24 CFR 50.3(i) or 24 CFR 58.5(i) is an eligible program expense. This list is non-exhaustive; for other HUD programs please contact the appropriate program office contact.
49 11
Table A: HUD programs and radon testing and mitigation as an eligible expense Program or grant name Is radon testing an
eligible expense?
Is radon
mitigation an
eligible expense?27
Community Development Block Grant (CDBG) Yes Yes
Community Development Block Grant CARES Act
(CDBG-CV)
Yes Yes
Community Development Block Grant Disaster Recovery
(CDBG-DR)
Yes Yes
Community Development Block Grant Mitigation (CDBG-
MIT)
Yes Yes
Community Project Funding (CPF) Grants Yes Yes
Continuum of Care Program (CoC) Yes Yes
Emergency Solutions Grants Program Yes Yes
FHA-Insured Healthcare Loans Yes Yes
FHA-Insured Multifamily Loans Yes Yes
Green and Resilient Retrofit Program (GRRP) Yes Yes
HOME Investment Partnerships American Rescue Plan
Program (HOME-ARP)
Yes Yes
HOME Investment Partnerships Program (HOME) Yes Yes
Housing Opportunities for Persons With AIDS (HOPWA) Yes Yes Housing Trust Fund (HTF) Yes Yes
HUD Section 8 renewals with capital repairs Yes Yes
HUD Section 8(bb) Transfer of Budget Authority. Yes Yes Indian Community Development Block Grant (ICDBG) Yes Yes Indian Housing Block Grant Program (IHBG) Yes Yes
Public Housing Capital and Operating Funds Yes Yes
Rental Assistance Demonstration (RAD) Yes Yes
Section 108 Loan Guarantee Program Yes Yes
Section 202 Supportive Housing for the Elderly Program Yes Yes Section 811 Supportive Housing for Persons with
Disabilities Program
Yes Yes
Self-Help Homeownership Opportunity Program (SHOP) Yes Yes Transfers of Rental Assistance with HUD Held or Insured Debt and/or Use Restrictions ("Section 209 Transfers.") Yes Yes
27 Note: The term “radon mitigation” refers only to initial installation of a radon mitigation system and does not encompass ongoing maintenance.
50 12
B. Other radon resources
• EPA radon website, https://www.epa.gov/radonNational Radon Program Services, https://sosradon.org/
o Helpline: 1-800-557-2366
o Comprehensive radon information, links to state radon programs and radon testing and mitigation information, and access to radon helplines • CDC, National Center for Environmental Health, “Radon”, https://www.cdc.gov/radon/ o National Environmental Public Health Tracking Network testing data map:
https://www.cdc.gov/nceh/tracking/topics/RadonTesting.htm • ANSI/AARST radon testing protocols and mitigation standards, https://standards.aarst.org/
• HUD 3-part radon webinar series sponsored by the Office of Lead Hazard Control and Healthy Homes and Public and Indian Housing,
https://www.hudexchange.info/programs/radon/
• Office of Lead Hazard Control and Healthy Homes, About Radon, https://www.hud.gov/program_offices/healthy_homes/healthyhomes/radon • OEE, Radon Fact Sheet, https://www.hudexchange.info/resource/4955/oee-radon-fact- sheet/
• OEE Radon and HUD-Assisted Projects Webinar Series,
https://www.hudexchange.info/news/radon-and-hud-assisted-projects-webinar-series/
For questions concerning this Notice, contact your local OEE field environmental office staff, https://www.hudexchange.info/programs/environmental-review/hud-environmental-staff- contacts/
51 Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A RESOLUTION APPROVING CONTRACT AMENDMENT #1 WITH SWCA
INCORPORATED TO INCLUDE RADON TESTING FOR THE PART 50
ENVIRONMENTAL REVIEW OF THE RICHMOND VILLAGE PROPERTY FOR AN AMOUNT NOT TO EXCEED $37,804.32
WHEREAS, Richmond Housing Authority (RHA) owns and manages 100 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and
WHEREAS, RHA contracted with SWCA Incorporated (dba SWCA Environmental Consultants) to complete a Part 50 Environmental Review for the Richmond Village Property; and
WHEREAS, During the process of completing the Environmental Review, it was discovered that radon testing must be considered under HUD Notice CPD-23-103; and
WHEREAS, Radon testing was not included in the original contract with SWCA Environmental Consultants; and
WHEREAS, Contract Amendment #1 would add in the required scope of work to perform radon testing for Richmond Village; and
WHEREAS, RHA staff recommends adopting Contract Amendment #1 with SWCA Environmental Consultants for a not-to-exceed amount of $37,804.32 to complete the environmental review.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to execute Contract Amendment #1 with SWCA Environmental Consultants to add radon testing to complete the Part 50 Environmental Review for the Richmond Village Property in an amount not to exceed $37,804.32.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on February 17, 2026 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
52 Reso. No. ____
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on February 17, 2026.
____________________________________
CLERK OF THE HOUSING AUTHORITY
53 Cc18Nov2025 – jc/prc
RICHMOND, CALIFORNIA, November 18, 2025
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was called to order at 6:24 p.m. by Chairperson Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson (Via Zoom pursuant to Assembly Bill 2449), Vice Chairperson Cesar Zepeda, and Chairperson Eduardo Martinez. Absent: Tenant Commissioner Jaycine Scott.
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 gave comments in support of the approval of the Housing Authority Consent Calendar.
M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chairperson Eduardo Martinez
Seconded by Vice Chairperson Cesar Zepeda
To approve all items on the Housing Authority Consent Calendar.
Ayes (7): Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson (Via Zoom pursuant to Assembly Bill 2449), Vice Chairperson Cesar Zepeda, and Chairperson Eduardo Martinez.
Absent (1): Tenant Commissioner Jaycine Scott
Passed
M.1 Contract with Integrated Pest Control Management, Inc. for Pest Control Services for Richmond Housing Authority
ADOPT a resolution and APPROVE a two-year contract with Integrated Pest Control Management, Inc. to provide pest control services for the Richmond Housing Authority in an amount not to exceed $40,000, commencing November 54 Cc18Nov2025 – jc/prc
19, 2025, and ending November 19, 2027 – Richmond Housing Authority (Antoinette Terrell/Nanette Beachem/Gregory Palomino 510-621-1300).
Adopted Resolution No. 2221
M.2 Contract with Bay Hawk, Inc. for Pavement, Curbing, Sidewalk and Walkway Restoration Services
ADOPT a resolution and APPROVE a two-year contract with Bay Hawk, Inc. for pavement, curbing, sidewalk, and walkway restoration in an amount not to exceed $275,200, commencing November 19, 2025, and ending November 19, 2027 – Richmond Housing Authority (Antoinette Terrell/Greg Palamino/Nannette Beacham 510-621-1300).
Adopted Resolution No. 2222
M.3 Meeting Minutes
APPROVE the minutes of the October 7, 2025, regular Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:29 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor
55
February 17, 2026
DocID #63483v2
City Attorney's Office
DATE: February 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject:
Legal Services Agreement Amendment No. 5 with
Bennett, Gelini and Gelini, APC, for Litigation Matters FINANCIAL IMPACT: This fifth amendment will be for $300,000 for a total amount not to exceed $1,159,990. Expenditures for
Bennet, Gelini and Gelini, APC, will be charged to the
Risk Management General Liability Fund (Account String:
50182316-400554).
PREVIOUS COUNCIL
ACTION:
September 12, 2023
May 21, 2024
December 3, 2024
July 1, 2025
STATEMENT OF THE
ISSUE:
To continue receiving the appropriate representation
defending the City in active civil litigation and future litigation matters, the City Attorney’s Office requires approval of a fifth amendment to the legal services
agreement with Bennett, Gelini and Gelini, APC.
RECOMMENDED ACTION:
APPROVE a fifth amendment with Bennett, Gelini and
Gelini, APC, to increase the payment limit by $300,000
for a total amount not to exceed $1,159,990 with a term ending December 31, 2027, for litigation representation – City Attorney’s Office (Kimberly Chin 510-620-
6709/Shannon Moore 510-620-6509).
AGENDA
REPORT
56
February 17, 2026
DocID #63483v2
DISCUSSION:
Bennett, Gelini and Gelini, APC (BGG), currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. BGG has been representing the City in these types of lawsuits since February 2023, and the City Attorney’s Office is satisfied with its work and wishes to increase the contract payment limit to ensure continuity of service. Currently, BGG is handling approximately 39 cases on behalf of the City and the City anticipates additional cases to be assigned as needed. BGG has the experience and expertise necessary to continue to represent the
City in pending and future dangerous conditions and personal injury litigation.
Rates for BGG are as follows:
Partner - $195 per hour
Associate - $170 per hour
Paralegal - $125 per hour
The City Attorney’s Office requests approval of this fifth amendment to the legal services agreement with Bennett, Gelini and Gelini, APC, increasing the payment limit by $300,000 for an amount not to exceed $1,159,990 and term ending December 31, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 5 to the Original Contract (proposed) Attachment 2 – Amendment 4 to the Original Contract
Attachment 3 – Amendment 3 to the Original Contract
Attachment 4 – Amendment 2 to the Original Contract
Attachment 5 – Amendment 1 to the Original Contract
Attachment 6 – Original Contract with Bennet, Gelini and Gelini, APC
57 Fifth Amendment - BGG LSA
DocID #62897v1
A-1
FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
BENNETT, GELINI & GELINI, APC
This Fifth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI, APC (“Special Counsel”) (the "Fifth Amendment") is entered into as of February 17, 2026, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on February 21, 2023 for an amount not to exceed $9,990 with term ending June 30, 2025; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by $100,000, on September 12, 2023; and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by $150,000, on May 28, 2024; and
WHEREAS, the City and Special Counsel entered into the Third Amendment to the Original Agreement to extend the term to December 31, 2027 and to increase the compensation by $300,000, on December 3, 2024; and
WHEREAS, the City and Special Counsel entered into the Fourth Amendment to the Original Agreement to increase the compensation by $300,000, on July 1, 2025; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by $300,000; and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fifth Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
58 Fifth Amendment - BGG LSA
DocID #62897v1
A-2
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fifth Amendment.
2. Effect of Fifth Amendment. Except as provided in this Fifth Amendment, all other terms of the Original Agreement shall remain in full force and effect , and this Fifth Amendment increases the compensation limit by $300,000.
3. Counterparts. This Fifth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF , the City and Special Counsel have caused this Fifth Amendment to be effective as of the last date written above.
CITY OF RICHMOND BENNETT, GELINI & GELINI, APC
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
59 Fifth Amendment - BGG LSA
DocID #62897v1
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall defend personal injury and motor vehicle liability claims.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon Moore, Interim City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates.
PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million, One Hundred Fifty-Nine Thousand, Nine Hundred and Ninety dollars ($1,159,990) for attorneys’ fees and reimbursements.
1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate. 60 Fourth Amendment - BGG LSA
DocID #46665v2
A-1
FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
BENNETT, GELINI & GELINI, APC
This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI, APC (“Special Counsel”) (the "Fourth Amendment") is entered into as of July 1, 2025, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on February 21, 2023 for an amount not to exceed $9,990 with term ending June 30, 2025; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by $100,000, on September 12, 2023; and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by $150,000, on May 28, 2024; and
WHEREAS, the City and Special Counsel entered into the Third Amendment to the Original Agreement to extend the term to December 31, 2027 and to increase the compensation by $300,000, on December 3, 2024; and
WHEREAS, the City now desires for Special Coun sel to continue its representation of the City and to increase the compensation; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by $300,000; and
WHEREAS, the City an d Special Counsel desire to amend the Original Agreement pursuant to this Fourth Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fourth Amendment.
Docusign Envelope ID: 90D6BFF4-F011-4A89-AED1-62C9CBB239A5 Docusign Envelope ID: E11A8563-6AFF-4A1A-B6C2-371C211E980E 61 Fourth Amendment - BGG LSA
DocID #46665v2
A-2
2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect , and this Fourth Amendment increases the compensation limit by $300,000.
3. Counterparts. This Fourth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF , the City and Special Counsel have caused this Fourth Amendment to be effective as of the last date written above.
CITY OF RICHMOND BENNETT, GELINI & GELINI, APC
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
Docusign Envelope ID: 90D6BFF4-F011-4A89-AED1-62C9CBB239A5 President/CEO
Docusign Envelope ID: E11A8563-6AFF-4A1A-B6C2-371C211E980E 62 Fourth Amendment - BGG LSA
DocID #46665v2
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall defend personal injury and motor vehicle liability claims.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates.
PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements sh all be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Eight Hundred Fifty-Nine Thousand, Nine Hundred and Ninety dollars ($859,990) for attorneys’ fees and reimbursements.
1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate.
Docusign Envelope ID: 90D6BFF4-F011-4A89-AED1-62C9CBB239A5 Docusign Envelope ID: E11A8563-6AFF-4A1A-B6C2-371C211E980E 63 Third Amendment to BGG Agreement for Legal Services
DocID #31175v1
A-1
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
BENNETT, GELINI & GELINI, APC
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI, APC (“Special Counsel”) (the "Third Amendment") is entered into as of DECEMBER 3 , 2024 , by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on February 21, 2023 for an amount not to exceed Nine Thousand Nine Hundred Dollars ($9,990) with term ending June 30, 2025; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by One Hundred Thousand Dollars $100,000, on September 12, 2023; and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by One Hundred Fifty Thousand Dollars $150,000, on May 28, 2024; and
WHEREAS, the City now desires Special Counsel to continue its representation of the City and increase the compensation and extend the time; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Three Hundred Thousand Dollars ($300,000) and extend the time to December 31, 2027; and
WHEREAS, the City and Special Counsel des ire to amend the Original Agreement pursuant to this Third Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.
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2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect , and this Third Amendment increases the compensation limit by Three Hundred Thousand Dollars ($300,000) and extends the term to December 31, 2027.
3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF , the City and Special Counsel h ave caused this Third Amendment to be effective as of the last date written above.
CITY OF RICHMOND BENNETT, GELINI & GELINI, APC
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
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of the Mayor
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Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall defend personal injury and motor vehicle liability claims.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates.
PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Five Hundred Fifty Nine Thousand, Nine Hundred and Ninety dollars ($559,990) for attorneys’ fees and reimbursements.
1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate.
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February 17, 2026
DocID #63511v2
City Attorney's Office
DATE: February 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement Amendment No. 3 with Stoel Rives, LLP for Land Use Matters
FINANCIAL IMPACT: This third amendment will add $100,000 for an amount not to exceed $175,000 and will be paid from the City
Attorney budget legal cost (Account String: 01151014-
400206).
PREVIOUS COUNCIL
ACTION:
July 1, 2025
STATEMENT OF THE
ISSUE:
An amendment to the Stoel Rives—Guidiville/Land Use
LSA is needed to add funds to ensure that the City has
the appropriate legal representation relating to California Environmental Quality Act (CEQA) and land use matters,
including the existing Point Molate litigations and claims in Guidiville v. United States, and in the Wee v. City of Richmond litigation matter.
RECOMMENDED ACTION: APPROVE a third amendment to the legal services agreement with Stoel Rives, LLP, to maintain adequate
representation in future and pending land use and
California Environmental Quality Act (CEQA) related
litigation (Guidiville/Land Use), in the amount of $100,000 for a total amount not to exceed $175,000 with term
ending December 31, 2026 – City Attorney’s Office
(Kimberly Chin 510-620-6709/Shannon Moore 510-620-
6509).
AGENDA
REPORT
96
February 17, 2026
DocID #63511v2
DISCUSSION:
To ensure the City continues to have the appropriate and adequate representation in future and pending land use and CEQA related litigation against the City, the City Attorney’s Office requests approval of an amendment to the land use/California Environmental Quality Act (CEQA) legal services agreement (LSA) with Stoel Rives, LLP (“Stoel Rives”).
Guidiville v. United States (Guidiville Litigation):
For the Point Molate related matter, Guidiville Rancheria v. United States, the proposed amount will allow the City to monitor and maintain representation in the above- referenced litigation, as well as to respond in a timely manner to the claims and matters that may arise.
Attorney Christian Marsh, who has worked on the Guidiville matter since 2022, left Downey Brand in March 2025 to work at Stoel Rives. The City was notified of this change by letter which offered the options of either continuing to work with Downey Brand or having the City’s files transferred to Mr. Marsh’s new firm, Stoel Rives. The City Attorney recommends that the City continues using Mr. Marsh for the Guidiville matters. He has the knowledge and background necessary to represent the City in discussions with Guidiville and to use his insight and historical knowledge in legal review of all relevant documents. It would take a great deal of extra time and additional resources to get another attorney up to speed on these matters, given that Mr. Marsh has been involved since 2022.
Wee v. City of Richmond, and Other CEQA and Land Use Related Litigation In May 2025, the City of Richmond was served in Wee v. City of Richmond, a CEQA- related litigation matter challenging the City’s street sweeping program. To properly defend the City in current and future land use and CEQA related matters, additional funds are required.
The current rates are:
Partner(s) $490/hour
Associate(s) $425/hour
The City Attorney’s Office is requesting City Council approve a third amendment with Stoel Rives, LLP, to increase the amount by $100,000 for a total amount not to exceed $175,000, and a term ending December 31, 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 3 to Original Contract (proposed) Attachment 2 – Amendment 2 to Original Contract
Attachment 3 – Amendment 1 to Original Contract
Attachment 4 – Original Contract with Stoel Rives, LLP
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THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
STOEL RIVES LLP
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and STOEL RIVES LLP (“Special Counsel ”) (the " Third Amendment") is entered into as of February 17 , 2026 by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City- related entities on March 20, 2025, for an amount not to exceed $10,000 and term ending on December 31, 2026; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to modify the scope of work and schedule of fees on May 15, 2025; and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by $65,000 on July 1, 2025;
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $100,000; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Third Amendment.
NOW, THE REFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.
2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Third Amendment increases the compensation limit by $100,000 for an amount not to exceed $175,000.
3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written above.
CITY OF RICHMOND STOEL RIVES LLP
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
99 Stoel Rives LLP (Guidiville/Land Use)--Third Amendment to LSA DocID #63722v1
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Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to CEQA and land use matters, including compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326- YGR, United States District Court – Northern District of CA), and in David Wee v. City of Richmond (Case No. N25-0881, Contra Costa Superior Court).
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon L. Moore, Interim City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates from the effective date of the First Amendment through June 30, 2027:
PARTNER(S) $490/hour
ASSOCIATE(S) $425/hour
After June 30, 2027, these rates will continue unless mutually agreed upon by the City and Special Counsel.
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed ONE HUNDRED SEVENTY- FIVE THOUSAND Dollars ($175,000) for attorneys’ fees and reimbursements.
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Stoel Rives LLP (Guidiville/Land Use)--Second Amendment to LSA DocID #45886v2
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SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
STOEL RIVES LLP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and STOEL RIVES LLP (“Special Counsel ”) (the " Second Amendment") is entered into as of July 1 , 2025, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City- related entities on March 20, 2025, for an amount not to exceed $10,000 and term ending on December 31, 2026; and
WHEREAS, the City and Speci al Counsel entered into the First Amendment to the Original Agreement to modify the scope of work and schedule of fees on May 15, 2025; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $65,000; and
WHEREAS, the City and Special C ounsel desire to further amend the Original Agreement pursuant to this Second Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.
2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by Sixty-Five Thousand Dollars ($65,000) for an amount not to exceed Seventy-Five Thousand Dollars ($75,000).
3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF , the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.
CITY OF RICHMOND STOEL RIVES LLP
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
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Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to CEQA and land use matters, including compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326- YGR, United States District Court – Northern District of CA), and in David Wee v. City of Richmond (Case No. N25-0881, Contra Costa Superior Court).
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon L. Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates from the effective date of the First Amendment through June 30, 2027:
PARTNER(S) $490/hour
ASSOCIATE(S) $425/hour
After June 30, 2027, these rates will continue unless mutually agreed upon by the City and Special Counsel.
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed SEVENTY- FIVE THOUSAND Dollars ($75,000) for attorneys’ fees and reimbursements.
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450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6509 Fax: (510) 620-6518 www.ci.richmond.ca.us DocID #50143v1
CITY ATTORNEY’S OFFICE
July 25, 2025
VIA E-MAIL:
[email protected]
Christian L. Marsh, Esq.
STOEL RIVES LLP
1 Montgomery Street, Ste. 3230
San Francisco, CA 94104
(415) 500-6539
RE: Change in Rates to 2025 Legal Service Agreement
Dear Mr. Marsh,
Pursuant to your email exchange of July 25, 2025 with Senior Assistant City Attorney, Kimberly Chin, this letter serves as confirmation of the addition of a rate for a clerk to the legal services agreement between Stoel Rives LLP and the City of Richmond pursuant to the following:
ADDITIONAL HOURLY RATE EFFECTIVE JULY 25, 2025
FOR WEE v. RICHMOND
CLERK $250/HOUR
I have included a signature line for you below to indicate your assent on behalf of Stoel Rives LLP.
Sincerely,
Shannon Moore
Chief Assistant City Attorney
******************************************************************************
ACCEPTED AND AGREED
Christian Marsh, PARTNER
STOEL RIVES LLP
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Stoel Rives (Guidiville)--Amend 1
DocID #45809v1
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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
STOEL RIVES LLP
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and STOEL RIVES LLP (“Special Counsel ”) (the “First Amendment”) is entered into as of May 15, 2025, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) on March 20, 2025, for representation of the City and City-related entities for an amount not to exceed $10,000 and term ending on December 31, 2026; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.
2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
[Signatures on following page]
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IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.
CITY OF RICHMOND STOEL RIVES LLP
By: __________________________ By: __________________________ City Manager Partner
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
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Stoel Rives (Guidiville)--Amend 1
DocID #45809v1
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Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to CEQA and land use matters, including compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326- YGR, United States District Court – Northern District of CA), and in David Wee v. City of Richmond (Case No. N25-0881, Contra Costa Superior Court).
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon L. Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates from the effective date of the First Amendment through June 30, 2027:
PARTNER(S) $490/hour
ASSOCIATE(S) $425/hour
After June 30, 2027, these rates will continue unless mutually agreed upon by the City and Special Counsel.
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed TEN THOUSAND Dollars ($10,000) for attorneys’ fees and reimbursements.
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LEGAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF RICHMOND
AND
STOEL RIVES LLP
PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 20th of MARCH, 2025 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 4 50 Civic Center Plaza, Richmond, California 94804 and STOEL RIVES LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 1 MONTGOMERY STREET, SUITE 3230, SAN FRANCISCO, CA 94104. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The following recitals are as follows:
A. City desires to secure professional services more fully described in this Agreement; and,
B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.
AGREEMENT PROVISIONS
The Parties agree as follows:
1. RETENTION OF FIRM.
A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as -needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.
B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.
C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.
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2. DESCRIPTION OF SERVICES TO BE PROVIDED.
See “Scope of Work” in Exhibit A.
3. TERM OF AGREEMENT.
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on DECEMBER 31, 2026, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
4. ASSIGNMENT OF DUTIES.
It is contemplated that no other attorney will be assigned from Special Counsel other than CHRISTIAN MARSH. It is agreed by and between the Parties that should it be desirable for any attorney other than CHRISTIAN MARSH to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.
5. PUBLIC FUNDING.
Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.
6. PAYMENT FOR SERVICE.
In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.
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7. BILLING INVOICES.
Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.
Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].
8. PROJECT PLAN AND BUDGET AND RESERVES.
Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this A greement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.
9. LITIGATION GUIDELINES.
When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.
10. BILLING.
Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.
11. STATUS REPORTS.
Special Counsel shall, every thirty (30) days , submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time . Please also attach any referenced filings to your status report.
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12. TERMINATION.
Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.
Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.
13. CONFLICTS OF INTEREST.
A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.
14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.
City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.
15. AUDITS, RECORDS, AND DOCUMENTATION.
A. The City and any other federal, State or l ocal governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.
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B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.
16. NON-DISCRIMINATION.
A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Said Section 2.28.030 is, by this reference, a part of this Agreement.
B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
17. HOLD HARMLESS/INDEMNIFICATION.
Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).
18. INSURANCE REQUIREMENTS.
Special Counsel shall maintain in full force and effect the following insurance policies:
A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
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Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.
19. CONFIDENTIALITY AND MEDIA STATEMENTS.
The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.
Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.
20. AMENDMENTS.
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.
21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.
Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.
22. NOTICES.
All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.
Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
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23. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.
24. INVALID PROVISIONS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.
25. LICENSE REQUIREMENTS.
Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.
Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
STOEL RIVES LLP
By:_______________________________
Title:_____________________________
CITY OF RICHMOND
____________________________
City Manager
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
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Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Special Counsel shall advise and represent the City of Richmond, and its officers, agents and employees on matters pertaining to the compliance by the City of Richmond with the settlement agreement reached in the case of The Guidiville Rancheria of California, et al. v. U.S., et al. (Case No. 4:12-cv-01326-YGR, United States District Court – Northern District of CA).
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon L. Moore, Chief Assistant City Attorney
James Atencio, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates
Christian Marsh, Partner $410/hour
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of TEN THOUSAND DOLLARS ($10,000) for attorneys’ fees and reimbursements.
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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).
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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.
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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.
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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.
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Exhibit D
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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.
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Exhibit E
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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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Exhibit F
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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 "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five
(5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (July2024)
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4/23/2025
PartnerChristian Marsh
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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 self-insured, provide a certificate of Permission to Self -Insure, signed by the California Department of Industrial Relations and Self -Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61 .
General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Exhibit G
20 DocID #42468v1
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self -insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 127
Exhibit G
21 DocID #42468v1
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims -made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceabl e.
Docusign Envelope ID: A68ED186-B4B9-4715-A441-84658AE2B3BD Docusign Envelope ID: D074B483-3EF8-497D-938C-00BBCA6BD409 128
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RICHMOND, CALIFORNIA,
January 20, 2026, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Mayor Martinez called the meeting to order at 5:00 p.m.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Absent:
None.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Mendoza v. City of Richmond
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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in favor of positive labor negotiations.
E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 5:02 p.m. Closed Session adjourned at 5:43 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Mayor Eduardo Martinez called the meeting to order at 6:00 p.m.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag. 129
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H. ROLL CALL
Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Absent:
None.
I. ELECTION OF THE VICE MAYOR FOR 2026
I.1 Election of the New Vice Mayor
The Richmond City Council shall elect from among its members a vice mayor to serve for 2026. In the absence or disability of the mayor, the vice mayor shall serve as the mayor. The vice mayor shall also represent the mayor upon the mayor's request. The vice mayor shall serve for a term of one year - Mayor's Office (Mayor Eduardo Martinez 510-620-6503). PUBLIC COMMENT ON
THIS ITEM MAY BE ALLOWED UNDER OPEN FORUM
A motion by Mayor Martinez, seconded by Councilmember Brown, nominated Councilmember Soheila Bana as vice mayor.
A substitute motion by Councilmember Jimenez, seconded by Councilmember Wilson, nominated Councilmember Doria Robinson as vice mayor.
The substitute motion passed by the following vote:
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Sue Wilson
Ayes (4): Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Sue Wilson, and Vice Mayor Cesar Zepeda.
Noes (3): Councilmember Soheila Bana, Councilmember Jamelia Brown, and Mayor Eduardo Martinez.
Passed
J. STATEMENT OF CONFLICT OF INTEREST
None.
K. AGENDA REVIEW
Item O.7 b - Modification of City Council Liaison Appointment Cycle for Boards and Commissions was removed from the Consent Calendar for discussion.
Item O.7.c - Appointment of Ana Tellez Witrago to the Community Police Review Commission and Item O.8.b - Contract amendment for the Fiscal Year 2024-25 Grade 5 Sanitary Sewer Rehabilitation Project were continued to the January 27, 2026, city council meeting.
A motion was made as follows to hear Item Q.4 - Formal censure of Mayor Eduardo Martinez for antisemitic conduct and for actions inconsistent with the duties and standards of the office after approval of the Consent Calendar or at the beginning of New Business, failed by the following vote:
Motion by Councilmember Jamelia JBrown
Seconded by Councilmember Cesar Zepeda
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Ayes (2): Councilmember Jamelia Brown and Councilmember Cesar Zepeda Noes: (5) Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Failed
A motion was made as follows to combine Item Q.3 - Restorative process with the Mayor and the Richmond Jewish Community and Item Q.4 - Formal censure of Mayor Eduardo Martinez for antisemitic conduct and for actions inconsistent with the duties and standards of the office; Item Q.5 - Consultant engagement for community input on Polluters Pay Settlement Funds and Item Q.6 - Community meetings to gather community input on how to spend the community money; Chevron Settlement Funds, failed by the following vote:
Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Jamelia Brown
Ayes (3): Councilmember Soheila Bana, Councilmember Jamelia Brown, and Councilmember Cesar Zepeda
Noes: (4) Councilmember Claudia Jimenez, Councilmember Sue Wilson, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez
Failed
L. 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) Mendoza v. City of Richmond
Item was discussed. No reportable action was given.
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
Item was discussed. No reportable action was given.
M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
None.
N. OPEN FORUM FOR PUBLIC COMMENT
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(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:
Harry Weiner gave comments regarding Immigration and Customs Enforcement (ICE) in Richmond and how residents could be protected.
Charlene Engle gave comments regarding her appointment to the Community Police Review Commission.
Don Gosney gave comments regarding increased vandalism throughout Richmond.
Mark Wassberg gave comments regarding the recent shooting of Renee Good in Minneapolis, Minnesota.
Cordell Hindler thanked the mayor and city council for conducting the recruitment of a city attorney and spoke about the need for a strategic working plan to help retain employees.
Tarnell Abbott thanked the members of the City Clerk's, City Council, Richmond Police, and Richmond Fire Departments for managing the last city council meeting well. Ms.
Abbott also spoke against the presence of Immigration and Customs Enforcement (ICE) in Richmond.
Joe Puleo gave comments in support of how certain Richmond organizations have changed the city in a positive direction.
Councilmember Bana spoke in support of Chief Bisa French leading the Family Justice Center and invited former Police Bisa French and current Police Chief Tim Simmons to a zoom community gathering meeting. The meeting link can be accessed either by e- mailing Councilmember Bana or on her Facebook page: Soheila Bana for Richmond.
The following individuals gave comments online:
Emily Ross expressed appreciation to the City Clerk's Office, KCRT, and the Richmond Police and Fire Department staff for their hard work managing public meetings.
Barry Taranto stated that disturbances at the city council meetings during public comment should not be permitted.
Nance spoke in support of Item O.3.b - Letter of support for Alliance of Californians for Community Empowerment Clean Energy and Healthy Home Project.
Arto Rinteela congratulated Councilmember Robinson on her role as Vice Mayor. Mr.
Rinteela also invited everyone to the Richmond Neighborhood Coordinating Council Black History Month Celebration on Monday, February 9, 2026, at 7:00 p.m., in the City Council Chambers.
Claudia Citreon gave comments regarding crime statistics in Richmond and the city's underfunding of public safety.
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 132
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second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
The motion to approve the consent calendar did not include the following items:
Item O.7 b - Modification of City Council Liaison Appointment Cycle for Boards and Commissions was removed from the Consent Calendar for discussion.
Item O.7.c - Appointment of Ana Tellez Witrago to the Community Police Review Commission and Item O.8.b - Contract amendment for the Fiscal Year 2024-25 Grade 5 Sanitary Sewer Rehabilitation Project were continued to the January 27, 2026, city council meeting.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Cesar Zepeda
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed
O.1 City Attorney's Office
O.1.a Legal Services Agreement Amendment No. 1 with DCI Group APPROVE a legal services agreement first amendment with DCI Group to increase the payment limit by $30,000, for a total amount not to exceed $40,000, with a term ending June 30, 2026, for confidential personnel investigative services – City Attorney’s Office/Human Resources Department (Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620- 6600).
O.2 City Clerk's Office
O.2.a Meeting Minutes
APPROVE the minutes of the December 2, 2025, and January 6, 2026, regular City Council meetings - City Clerk's Office (Pamela Christian 510- 620-6513).
O.3 City Council
O.3.a Request for Proposals for the City Attorney Recruitment APPROVE the proposed Request for Proposals, for a new city attorney, and its publication – Mayor Eduardo Martinez (510-620-6503), Councilmember Doria Robinson (510-620-6568), and Councilmember Sue Wilson (510-609-211).
O.3.b Letter of Support for Alliance of Californians for Community Empowerment Clean Energy and Healthy Homes Project
REQUEST the city manager provide a letter of support for the Alliance of Californians for Community Empowerment (ACCE) work with the Building Decarbonization Coalition (BDC) and Association for Energy Affordability (AEA) to build support for neighborhood-scale decarbonization - Councilmember Doria Robinson (510-620-6568). 133
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O.4 City Manager's Office
O.4.a Celebration of Life Event for Betty Reid Soskin in Conjunction with Black History Month
APPROVE the waiver of fees associated with the use of the Richmond Auditorium in the month of February 2025 to host a celebration honoring the life of Betty Reid Soskin; AUTHORIZE City staff to support the planning and hosting of the historical acknowledgement; APPROVE the use of City funds to support the public event during Black History Month; and APPROPRIATE an amount not to exceed $12,000 – City Manager’s Office (Shasa Curl 510-620-6512).
O.4.b Release the Fiscal 2026-27 Environmental Community and Investment Agreement (ECIA) Competitive Grant
ACKNOWLEDGE the release of the Request for Application and Guidelines for the Fiscal Year 2026-2027 Environmental and Community Investment Agreement (ECIA) Competitive Grant Program for Categories 1-4, with an annual allocation of $715,000 – City Manager’s Office (Jora Atienza Washington/Nicholas Delgado/Guadlupe Morales/Kaitlen Burnom/ Patrick Seals 510-620-6512).
O.5 Finance Department
O.5.a Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the Month of November 2025 RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post- Employment Benefits (OPEB) and Pension Report for the month of November 2025 – Finance Department (Emily Combs 510-620-6740).
O.5.b Contract Amendment No. 3 with DebtBook Management Software for Debt, Lease, and Subscription Accounting
APPROVE a third contract amendment with DebtBook for software using the National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard Board (GASB) 87 Accounting for Leases and GASB 96 Subscription-based Information Technology Arrangements for a term of one year beginning March 16, 2026, through March 15, 2027, and increasing the payment limit by $15,748, for a total contract amount not to exceed $70,829 – Finance Department (Emily Combs 510-620-6740).
O.6 Fire Department
O.6.a Contract with On Duty Health, PC to Perform Annual Physicals and Wellness Exams
APPROVE the contract with On Duty Health, PC to perform annual physical examinations and medical screenings in an amount not to exceed $270,000, for a three-year contract term effective January 21, 2026, through January 21, 2029, with two one-year extension options not to exceed an additional $100,000 per year for the extended term – Fire 134
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Department (Chief Aaron Osorio 510-307-8021/Deputy Fire Chief Rico Rincon 510-307-8041/Battalion Chief Anthony Woodards 510-620-6989).
O.7 Mayor's Office
O.7.a Proclamation recognizing Dr. Martin Luther King, Jr. Day PROCLAMATION recognizing Dr. Martin Luther King, Jr. Day, and his contributions to the civil rights movement – Mayor Eduardo Martinez (510-620-6503) and Councilmember Doria Robinson (510-620-6568).
O.7.b Modification of City Council Liaison Appointment Cycle for Boards and Commissions
DIRECT city clerk to work with the Mayor’s Office to implement a two- year council liaison appointment cycle for boards and commissions, aligned with the council election cycle, while maintaining the Mayor’s authority to appoint or remove liaisons at their discretion, and DIRECT that current liaisons remain in effect through December 31, 2026, with new appointments to be made in the first quarter of 2027 following installation of new City Council – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Item was continued to the January 27, 2026, City Council meeting.
O.7.c Appointment of Ana Tellez Witrago to the Community Police Review Commission
APPOINT Ana Tellez Witrago to the Community Police Review Commission to fill the seat currently held by Commissioner Carol Hegstrom, whose term has expired, with a new term ending November 1, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Item was continued to the January 27, 2026, City Council meeting.
O.7.d Appointment of Charlene Engle to the Community Police Review Commission
APPOINT Charlene Engle to the Community Police Review Commission to fill the seat currently held by Commissioner Oscar Garcia, whose term has expired, with a new term ending November 1, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.e Reappointment of Ellen Seskin to the Human Rights and Human Relations Commission
APPOINT Ellen Seskin to the Human Rights and Human Relations Commission with a term that expires on March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.f Appointment of Alexander Rony to the Recreations and Parks Commission
APPOINT Alexander Rony to fill a vacant seat on the Richmond Recreation and Parks Commission, with the term ending on October 26, 2028 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.8 Public Works
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O.8.a Agreement with Contra Costa County Flood Control and Water Conservation District for the Wildcat Creek Fish Passage Project ADOPT a resolution to APPROVE an agreement with the Contra Costa County Flood Control and Water Conservation District to remit $780,000 to satisfy the City’s permit obligations associated with the Via Verdi Project and AUTHORIZE the city manager or their designee to execute necessary documents - Public Works Department (Hillal Hamdan 510- 621-1612/Tawfic Halaby 510-620-5478/Robert Armijo 510-620-5477).
Adopted Resolution No. 5-26.
O.8.b Contract Amendment for the Fiscal Year 2024–25 Grade 5 Sanitary Sewer Rehabilitation Project
ADOPT a resolution and APPROVE the issuance of Task Authorizations to Veolia Water, on behalf of the City, to manage subcontracts with APB General Engineering, VW Housen, and Questa Engineers for additional sanitary sewer line replacement and rehabilitation work, with a contract amendment amount of $4,030,385, thereby increasing the total payment limit to $6,554,348, including applicable markups – Public Works Department (Bradley Harms 307-8094/Robert Armijo 620-5477).
Item was continued to the January 27, 2026, city council meeting.
O.8.c Contract with J. Majors & Associates for Public Outreach Services for Capital Improvement Projects
ADOPT a resolution to APPROVE an After-the-Fact (ATF) contract with J. Majors & Associates to allow payment of outstanding invoices for public outreach and public information officer services in an amount not to exceed $108,160 – Public Works Department (Daniel Chavarria 620- 5478/Ana Crespin 307-8095).
Adopted Resolution No. 6-26.
P. STATE OF THE CITY
P.1 Update to the State of the City Report by Mayor Eduardo Martinez RECEIVE a presentation of the Annual State of the City Report from Mayor Eduardo Martinez – Mayor Eduardo Martinez (510-620-6503).
Mayor Martinez presented the State of the City Report.
Link to report: State of the City
Cordell Hindler, Jamin Pursell, and Claudia Citreon gave comments.
Q. NEW BUSINESS
Q.1 Port of Richmond Enterprise Fund Financial Overview Report RECEIVE the Port of Richmond Financial Report and presentation, which provides an overview of Port revenue sources, tariff structures, and funding mechanisms for larger infrastructure projects – Economic Development Department/Port (Charles Gerard 510-620-6792/Rita Martinez 510-621-1546).
This item was continued from the December 16, 2025, and January 6, 2026, meetings.
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Port Director Charles Gerard and Finance Director Emily Combs presented the report.
Link to report: Port Financial Overview Presentation
Cordell Hindler and Jamin Pursell gave comments.
Discussion ensued.
A motion was made to receive the report as follows:
Motion by Councilmember Cesar Zepeda
Seconded by Mayor Eduardo Martinez
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed
Q.2 Evaluation Report by WestEd on the Richmond Fund for Children & 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). This item was continued from the December 16, 2025, and January 6, 2026, meetings.
Administrative Chief Patrick Seals, Deputy City Manager LaShonda White, Alexis Grant and Nicole Tirado-Strayer from WestED presented the report.
Link to report: WestED Presentation
Cordell Hindler gave comments in person.
Leisa Johnson gave comments via Zoom.
Discussion ensued.
The city council requested the following: include more specific granular data for goals that are measured by organizations; include other objective measures; map of the service locations; include address of locations of C-3 locations that are spread out more evenly; and provide more quantitative data on the individuals who were assisted.
A motion was made to receive the report and was passed as follows:
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed
Q.3 Restorative Process with the Mayor and the Richmond Jewish Community ACKNOWLEDGE the Mayor’s participation in an antisemitism training led by trainers recommended by Temple Beth Hillel leadership, offer City Council 137
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members the option to attend voluntarily, DIRECT the Mayor to meet with Rabbi Saxe-Taller at least two additional times in the first quarter of the year, and DIRECT the Mayor to issue a public apology at a City Council meeting and in a local newspaper - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor Martinez gave an overview and issued a public apology.
The following individuals gave comments from the Richmond Auditorium.
Those in support of the Mayor Martinez participating in an antisemitism training were as follows: Joe Keffer, Mark Loy, Debbie Bayer, Elizabeth Grassetti, Michael Leedie, and Negeen Mosaed. The following individuals were opposed to Mayor Martinez participating in antisemitism training: Stefanie Guynn, Ilene L, and Itamar L.
The following individuals gave comments from the City Council Chambers.
Those in support of the Mayor Martinez participating in an antisemitism training were as follows: Julie Saxe-Taller, Zoe Panagopoulos, Rob Lipton, Karen Franklin, Vanessa Thill, Kate Laster, Tarnel Abbott, Sam Saxe-Taller, Kathleen Erwin, Joe Puleo, Emma Knisbacher, Josh Anigar. The following individuals were opposed to Mayor Martinez participating in antisemitism training: Robert Bonam, Linda W., Levi Meir Clancy, Barbara Schieck, Shulamit, Kim F., Elaine S., Laurie, Emunah M., Sarah Cohen, Beatrice, Susan Kahn, Lisa Disbrow, Jamin Pursell, and Michael Devine.
The following individuals gave comments online. Those in support of the Mayor Martinez participating in an antisemitism training were as follows: Cheryl Davila, Elsa Stevens, Maha Dayem, and Tamar Krigel. The following individuals were opposed to Mayor Martinez participating in antisemitism training: Alan Meyer, Cheng, Michelle Sahlab, Karen Fiss, Michelle Kofman, Rabbi David Cooper, Rachelle Bitton, Mati Tieblum, Michael Fitzhugh, Satish, Michael Harris, Shaun Shocron, Sinai Krigel-Armstrong, Steven London, Sara Cleveland, Joseph Munaretto, Susan Cohen Grossman, Oren Rubenstein, Madi, Michael Gliksohn, Rita Fabi, Paula Lavine, Amon Armstrong, Laura G., Yifah, Maria Wong, Diana Wear, Joseph Munaretto, Barry Taranto, David Gordon, and Tamar Krigel.
Discussion ensued.
A motion was made by Mayor Martinez, seconded by Councilmember Bana, to approve the item as presented with the modification in the language to read that the City Council members were required to attend the antisemitism training.
The language in the recommended action was changed to read that the antisemitism training was voluntary that councilmembers attend the antisemitism training.
A friendly amendment was offered by Councilmember Wilson that the language in the recommended action be revised to read that "the councilmembers have agreed to attend the training voluntarily". Mayor Martinez accepted the friendly amendment.
Further discussion ensued.
Councilmember Wilson revised her friendly amendment to read that "most of the city councilmembers have agreed to attend" the antisemitism training. Mayor Martinez accepted the revised friendly amendment.
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Councilmember Brown offered a friendly amendment to say that the training be mandatory for the mayor and voluntary for the councilmembers. Mayor Martinez did not accept the friendly amendment.
Councilmember Zepeda, seconded by Councilmember Brown made a motion to amend to include the prior motion made by Mayor Martinez and the friendly amendments and to include the following: that the city council formally censors Mayor Eduardo Martinez for engaging in conduct that reinforced antisemitic narratives, caused harm to the Jewish community, and fell below the standards of care, judgement and responsibility required of the mayor's office, and unequivocally condemns antisemitism, including conspiracy theories, collective blame, and normalizes or excuses violence to Jewish people and affirms that such conduct has no place in the City of Richmond.
(9:55 p.m.- A motion by Vice Mayor Robinson, seconded by Councilmember Bana, extended the meeting until 11:00 p.m. to hear Items Q.3 and Q.4, passed by the unanimous vote of the city council).
Mayor Martinez did not accept the amended motion and called for the question.
Mayor Martinez withdrew his call for the question.
The amended motion failed by the following vote:
Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Jamelia Brown
Ayes (3): Councilmember Jamelia Brown, Councilmember Cesar Zepeda, and Vice Mayor Doria Robinson
Noes (4): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Sue Wilson, and Mayor Eduardo Martinez
Failed
The original motion passed by the following vote:
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Sue Wilson
Ayes (6): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez
Noes (1): Councilmember Jamelia Brown
Passed
Q.4 Formal Censure of Mayor Eduardo Martinez for Antisemitic Conduct and for Actions Inconsistent with the Duties and Standards of the Office ADOPT a resolution formally censuring Mayor Eduardo Martinez for antisemitic conduct and for actions inconsistent with the duties and standards of the office - Vice Mayor Cesar Zepeda (510-620-6593)/ Councilmember Jamelia Brown (510- 412-2050).
Item was continued to a future meeting.
Q.5 Consultant Engagement for Community Input on Polluters Pay Settlement Funds
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DIRECT the city manager to engage a consultant to collaborate with City staff, City Council, and community stakeholders to conduct community engagement and gather input on a framework for the expenditure of new General Fund revenues generated by the Polluters Pay Settlement, with the consultant reporting back to the City Council by May 26, 2026 - Councilmember Claudia Jimenez (510-620-6565), Mayor Eduardo Martinez (510-620-6503), and Councilmember Doria Robinson (510-620-6568).
Item continued to the January 27, 2026, city council meeting.
Q.6 Community Meetings to Gather Community Input on How to Spend the Community Money; Chevron Settlement Funds
DIRECT the city manager, or their designee, to schedule and lead a minimum of six community meetings each year, all around the City in each district, to gather input from the community on how to spend The Community Money: Chevron settlement funds, prior to the annual budget meeting – Vice Mayor Cesar Zepeda (510-620-6593).
Item was continued to the January 27, 2026, city council meeting.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) None.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 10:53 p.m., to meet again on Tuesday, January 27, 2026, at 6:00 p.m.
Clerk of the City of Richmond Mayor
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Community Development
DATE: February 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject:
Additional Loan for Capital Cost related to the Civic Center Apartments (Homekey) Project
FINANCIAL IMPACT: The City is proposing to cover the additional $2 million loan using Housing Funds (Account String: 12831063 -
400201).
PREVIOUS COUNCIL
ACTION:
June 20, 2023
September 12, 2023
December 17, 2024
March 11, 2025
STATEMENT OF THE
ISSUE:
The City Council previously authorized the submittal of a joint application for Homekey funds together with 425
Civic Center LP, a California limited partnership affiliated with Novin Development Corporation and Trinity Center
Walnut Creek to support the acquisition of a Motel 6
located at 425 24th Street and ground lease the property to 425 Civic Center LP for the development of a 49-unit permanent supportive housing development serving the
chronically homelessness. As part of the project
financing, the City provided an $8.3 million loan to the Project and additional funding is being requested to
address increased capital costs due to unanticipated
building conditions.
RECOMMENDED ACTION:
ADOPT a resolution increasing the City loan amount from $8.3 million to up to $10.3 million to 425 Civic Center LP for the Civic Center Apartments project, which will
convert an existing motel into a 49-unit permanent
supportive housing development for the chronically
AGENDA
REPORT
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February 17, 2026
homeless - Community Development Department (Lina
Velasco 510-620-6841/Jesus Morales 510-620-6649).
DISCUSSION:
On June 20, 2023, the City Council adopted Resolution No. 62-23 authorizing the submittal of a joint application for Homekey funds together with 425 Civic Center LP, a California limited partnership affiliated with Novin Development Corporation (“Developer”) to support the development of a permanent supportive housing project at 425 24th Street (the “Property”) consisting of 48 units for people experiencing homelessness or at-risk of homelessness and one manager’s unit (the “Project”).
On May 10, 2024, the City finally received threshold and financial feasibility questions regarding its Homekey application. On July 23, 2024, a conditional award of $14,512,660 Homekey funds was given to the City, 425 Civic Center LP, and Trinity Center Walnut Creek for the Civic Center Apartments. In December 2024, a revised resolution was adopted by the City Council responding to clarifications requested by California Department of Housing and Community Development (HCD) to specifically name Trinity Center Walnut Creek and ratifying the various amendments to the purchase and sale agreement (PSA) executed by the City Manager on the City’s behalf.
In March 2025, prior to the acquisition of the motel, the City committed an additional $1.4 million to the project, increasing the loan amount from $6.9 million to $8.3 million.
Acquisition and ground leasing of the property to 425 Civic Center LP were executed in April 2025. Construction started with demolition work in Summer 2025. During demolition activities, additional needs were identified due to extensive long-term water intrusion that required extensive structural repairs. These unforeseen elements requiring additional capital fundings include:
• Extensive degradation of the façade and underlying framing work; • Extensive plumbing issues, including but not limited to additional waste line and sewer upgrades that are required for project completion; • Mold remediation and repairs have been identified in the bathrooms due to leaks; and
• Asbestos investigation to determine if remediation and repairs are needed in the affected plumbing areas.
These additional scope items are necessary to complete the project. City staff is recommending to the City Council that an additional loan be awarded to 425 Civic Center LP in an amount not to exceed $2 million. Funds for the loan will be taken from the Housing funds. The City’s loan will be paid back via residual receipt payments per the City loan agreement with 425 Civic Center LP.
SYNERGISTIC POLICIES:
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This Council action aligns with the Homelessness Strategic Plan Goal 2. Specifically, Goal 2 is to “Create Temporary Supportive Housing and Expand Permanent Supportive & Affordable Housing”. This policy directly complements the Homekey Project’s mission of converting the former Motel 6 into a 49-unit affordable permanent supportive housing development for individuals experiencing chronic homelessness. The Homekey Project operationalizes this goal by bringing permanent units online quickly through adaptive reuse.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
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Reso No.
4919-0891-7898 v1
RESOLUTION NO._____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE PROVISION OF ADDITIONAL FUNDING FOR A LOAN TO 425 CIVIC CENTER LP TO PROVIDE CAPITAL SUBSIDIES FOR THE
CIVIC CENTER APARTMENTS PROJECT
WHEREAS, the Department of Housing and Community Development (“HCD”) issued a Notice of Funding Availability for the Homekey Program (“Homekey”) pursuant to Health and Safety Code section 50675 et seq.; and
WHEREAS, in response to an application jointly submitted by the City and 425 Civic Center LP, a California limited partnership (“Developer”), HCD awarded $14,512,660 in Homekey funds to support the acquisition, rehabilitation, and operation of a permanent supportive housing project at 425 24th Street (the “Property”) consisting of 48 units for people experiencing homelessness or at-risk of homelessness and one manager’s unit (the “Project”) on the Property; and
WHEREAS, the City Council previously authorized the provision of funding for the Project via three loans, consisting of a seller carryback loan in the amount of Three Million, One Hundred Thirty-Six Thousand, Five Hundred Sixty-One Dollars ($3,136,561) to finance Borrower's acquisition of the Improvements (the "Seller Carryback Loan"), (ii) a loan funded with City of Richmond affordable housing funds in the amount of Eight Million, Three Hundred Thousand Dollars ($8,300,000) (the "Original Affordable Housing Funds Loan"), and (iii) a loan for Project rehabilitation and operating costs that Lender will provide using Eight Million, Two Hundred Sixty Thousand, One Hundred Sixty Dollars ($8,260,160) in funds that Lender receives from the State Department of Housing and Community Development ("HCD") pursuant to the Standard Agreement (defined below) (the "Homekey Loan"); and
WHEREAS, the provision of an operating subsidy and a capital subsidy for the Project are allowable uses of inclusionary housing and affordable housing linkage fees collected by the City and deposited into City’s Affordable Housing Fund established pursuant to Richmond Municipal Code Section 15.04.603.130 (the “Affordable Housing Fund”); and
WHEREAS, due to water damage and other unexpected conditions discovered on the Property during construction of the Project, additional funds are needed for rehabilitation of the Project; and
WHEREAS, the Developer has requested, and the City desires to provide, up to an additional Two Million Dollars from housing funds as additional principal to the Original Affordable Housing Fund Loan to be used for Project construction, which would result in a loan from the City to Developer in the amount of up to Ten Million, Three Hundred Thousand Dollars ($10,300,000) (the "Amended Affordable Housing Funds Loan").
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NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT:
1. The City will provide an increased loan to Developer up to an additional Two Million Dollars ($2,000,000) to provide an increased capital subsidy for the Project, which will increase the Amended Affordable Housing Funds Loan to a total principal amount of up to Ten Million, Three Hundred Thousand Dollars ($10,300,000) to provide a capital and operating subsidy for the Project.
4. The City Manager is hereby authorized to execute and implement amendments to the Amended Affordable Housing Funds Loan documents, which include a loan agreement, promissory note, deed of trust, and regulatory agreement, to secure the City’s interest in the Amended Affordable Housing Funds Loan and Developer’s performance of its obligations thereunder.
5. The City Manager is hereby authorized and directed to take all such actions and to execute, acknowledge, deliver, and record such instruments as the City Manager may deem necessary or appropriate in order to carry out and perform the purposes and intent of this Resolution.
*******************************
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I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a meeting thereof held on ______, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
City Clerk
[SEAL]
APPROVED:
Mayor
Approved as to form:
City Attorney
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Finance Department
DATE: February 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Emily Combs, Director of Finance
Mubeen Qader, Deputy Director of Finance
Jerry Gurule, Accounting Manager
Subject:
Contract with SCI Consulting Group for On-Call
Consulting Services
FINANCIAL IMPACT: The proposed $70,000 expenditure is included within the approved Fiscal Years 2025-26 and 2026-27 Finance
Department budget. This allocation will support
specialized consulting services to strengthen the City’s financial planning, cost recovery, and revenue strategies (Account String: 01175715-400201).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
On January 27, 2026, the City Council received an
update on Advanced Life Support (ALS) First Responder
Services, Fire Station Upgrades and Replacements,
Associated Five-Year Financial Forecast. City Council
directed staff to Develop Revenue Enhancement
Recommendations (item P.5) to support funding of ALS
services. To support this directive, City staff recommend engaging SCI Consulting Group, which specializes in
municipal finance consulting, feasibility studies, cost-of- service analysis, and funding support.
The agreement will provide flexibility to address a range of priority projects, such as funding options for ALS First Responder Services, Fire Station Upgrades and
Replacements, and the potential City operation of the
AGENDA
REPORT
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February 17, 2026
Craneway Pavilion, as well as other initiatives identified by the City Council or the City Manager.
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the city manager or their
designee to negotiate and execute a sole-source contract with SCI Consulting Services to provide financial and
technical advisory services for priority City projects, including Advanced Life Support in the Fire Department
and evaluation of the Craneway Pavilion, in an amount
not to exceed $70,000, for the term of November 3, 2025, through December 31, 2026 – Finance Department
(Emily Combs 510-620-6740/ Mubeen Qader 510-412-
2077/Jerry Gurule 510-620-6591).
DISCUSSION:
On January 27, 2026, the City Council received an update on Advanced Life Support (ALS) First Responder Services, Fire Station Upgrades and Replacements, and the associated Five-Year Financial Forecast, and directed the City Manager to develop revenue enhancement and financing recommendations for City Council consideration.
Additionally, the City is negotiating a leasehold interest donation back to the City for the Craneway Pavilion, located at 1414–1422 Harbour Way South, and is evaluating whether to operate the facility directly. These initiatives require analysis of potential funding strategies, feasibility assessments, and cost-of-service considerations.
SCI Consulting Group (SCI) provides specialized services in municipal finance consulting, feasibility studies, and cost-of-service analysis, making them well-suited to assist the City in developing recommendations for these and other priority projects.
Furthermore, SCI is uniquely qualified to provide these services due to its extensive prior experience with the City’s Vacant Parcel Tax initiative, deep institutional knowledge of Richmond’s financial history and parcel data framework, and specialized expertise in municipal revenue consulting. Engaging another firm would require significant time to replicate this knowledge, creating substantial risk of delays, inefficiencies, and jeopardizing timely implementation of ALS funding strategies and related City priorities
SCI will provide professional services under an on-call arrangement to analyze potential operating models, prepare financial and technical assessments, and develop recommendations. Services may include:
Revenue enhancement and funding strategies for initiatives such as ALS and other priority projects
Research on comparable facilities and operating models Financial analysis of projected revenues, expenses, and staffing needs Technical evaluation of operational requirements and compliance considerations Summary memorandum of findings and recommendations
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February 17, 2026
Presentation materials and participation in meetings with City staff, City Council, and stakeholders
This flexible scope ensures SCI can assist with ALS implementation planning, fire station upgrades, Craneway Pavilion operational feasibility, and other City Council priorities.
SCI’s engagement will proceed on a time-and-materials basis, with an initial authorization not to exceed $70,000. The term of the engagement runs through December 31, 2026.
SYNERGISTIC POLICIES:
This initiative supports multiple City Council strategic goals by advancing revenue enhancement strategies that strengthen the City’s internal infrastructure and processes while improving public safety through planning for ALS services and related emergency response improvements. It also promotes community health and equity by supporting initiatives that reduce health disparities and enhance preparedness. Additionally, evaluating the Craneway Pavilion for potential City operation aligns with goals to increase revenue and improve economic development, while encouraging adaptive reuse of historic assets and sustainable shoreline stewardship. Together, these efforts reflect the City’s commitment to fiscal sustainability, health in all policies, and strategic investment in community-serving facilities.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Contract
Attachment 2 – Sole Source
149
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
Finance
Emily Combs
[email protected]
(510) 620-6790
12967
Feasibility analysis of direct City operation of Craneway Pavilion.
SCI Consulting Group
4745 Mangels Blvd.
Fairfield, CA 94534
John Bliss
(707) 430-4300
[email protected]
40056534
November 3, 2025
December 31, 2026
70,000.00
150
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.
10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
SCI Consulting Group
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:
SCI Consulting Group
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Wednesday, February 11, 2026
Submitted via Email
[email protected]
Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Re:
• Feasibility Analysis of Direct City Operation of the Craneway Pavilion • Feasibility of Funding Options and Planning for Advanced Life Safety (ALS) Services
Dear Ms. Curl:
SCIConsultingGroup (“SCI”) is pleased to submit this professional services engagement letter to provide a feasibility analysis for the City of Richmond (“City”). SCI understands that the City is considering operating the Craneway Pavilion directly and would like to understand the financial and technical implications of such a move, as well as explore different use s for the space . SCI also understands the City is interested in funding options and an implementation plan to provide Advanced Life Safety (ALS) services through the fire department.
S
COPE
This engagement is structured as an on-call professional services arrangement.
1.) SCI will analyze potential operating models for the Craneway Pavilion, with focus upon direct City operations. This work may include comparable facility operating models, financial projections for revenues, expenses, and staffing, and technical assessments of operational needs and compliance considerations.
2.) SCI will assist with the development of revenue enhancement recommendations to support funding of ALS services. Services will include public finance and fiscal analysis, feasibility and funding strategies, and related support for priority City projects, such as ALS in the Fire Department.
S
ERVICES
SCI will provide professional services under an on -call arrangement to analyze potential operating models, prepare financial and technical assessments, and develop recommendations. Services may include:
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City of Richmond
February 11, 2026
• Revenue enhancement and funding strategies for initiatives such as ALS and other priority projects
• Research on comparable facilities and operating models • Financial analysis of projected revenues, expenses, and staffing needs • Technical evaluation of operational requirements and compliance considerations • Summary memorandum of findings and recommendations
• Presentation materials and participation in meetings with City staff, City Council, and stakeholders
All tasks will proceed only upon email authorization from the City identifying the requested scope of work.
F
EE SCHEDULE / MANNER OF PAYMENT
We propose that services be provided on a time-and-materials basis, with an initial authorization not to exceed $70,000 and a minimum fee of $ 7,000. Our hourly billing rates are as follows: $ 315 for President, $190 for Consultants, $143 for Project Analysts, and $80 for administrative staff. These rates will remain in effect for the duration of the project. Travel time to in- person meetings will be billed at 75% of the applicable hourly rate.
Customary incidental expenses, including travel, lodging, printing, postage, data, and other out- of- pocket costs, will be billed at actual cost plus 10%. Mileage will be billed at the IRS-approved rate.
Invoices will be submitted by task or project milestone and are payable upon receipt.
OTHER TERMS AND CONDITIONS
Conflict of Interest Statement. SCI has no known past, ongoing, or potential conflicts of interest for working with the City, performing the Service Plan, or any other service.
Employment Policies. SCI does not and shall not discriminate against any employee in the workplace or against any applicant for such employment or against any other person because of race, religion, sex, color, national origin, disability, age, or any other arbitrary basis. SCI ensures compliance with all civil rights laws and other related statutes.
Insurance. SCI carries professional Errors and Omissions insurance in the amount of $2 million per occurrence and $2 million aggregate. SCI also carries general liability insurance in the amount of $2 million per occurrence and $4 million aggregate.
Independent Contractor. If selected, SCI shall perform all services as an independent contractor.
Indemnification. SCI’s duty to defend and indemnify shall apply only to claims resulting directly from SCI’s willful misconduct as determined by a court of competent jurisdiction in performing the Service Plan.
Cancellation. The City or SCI may end the engagement without cause with reasonable written notice. In the event the engagement is canceled, payment shall still be due for all work performed by SCI through the date of the cancellation notification. 154
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February 11, 2026
Term. The term of this engagement shall be from November 3, 2025 and shall remain in effect through December 31, 2026, unless earlier cancellation as provided herein.
If you have any questions or require further information, please do not hesitate to contact me. I can be reached at 707-430-4300 or via email at [email protected].
Sincerely,
John W. Bliss, P.E., President
SCI Consulting Group
cc: Heather Jamison, SCI Consulting Group
Emanuel Peterson, SCI Consulting Group
155
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February 11, 2026
ACKNOWLEDGMENT AND ACCEPTANCE OF ENGAGEMENT
To confirm your acceptance of this engagement and the terms set forth in this letter, please sign and return a copy of this letter. Upon execution by both parties, this letter will serve as the agreement between the City and SCI for the provision of the services described herein.
Accepted By: Accepted By:
_______________________________________ _______________________________________ Shasa Curl, City Manager John Bliss, President
City of Richmond SCI Consulting Group
Date: _________________________________ Date: February 11, 2026
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(This Page Intentionally Left Blank)
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
SCI Consulting Group
Emily Combs
Emily Combs
158
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ SCI Consulting Group
Emily Combs
[email protected]
SCI Consulting Group
4745 Mangels Blvd.
Fairfield, CA 94534
[email protected]
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, SCI Consulting Group
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
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_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under SCI Consulting Group
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for SCI Consulting Group
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable SCI Consulting Group
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, SCI Consulting Group
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
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City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to 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.
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Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
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Consultants and Contractors
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Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or 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.
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Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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