Agenda — Richmond City Council, March 17, 2026 (part 3 of 8)

RESOLUTION NO. ______

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA ADOPTING UPDATES TO THE CITY OF RICHMOND'S

FINANCIAL POLICIES AND ADOPTING THE UNCLAIMED FUNDS POLICY

WHEREAS, the City of Richmond (the "City") is a charter city that operates under the Council-Manager form of government for the purposes of providing a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; a wastewater treatment facility; and the administration of recreational activities and cultural events; and

WHEREAS, the City also operates the Richmond Memorial Convention Center and the Port of Richmond; and

WHEREAS, the City of Richmond (the "City") is required to maintain and periodically update the City's Financial Policies consistent with the standards set forth by the California Government Code, Government Finance Officers Association (the “GFOA”) recommended best practices, and standards set forth by the California Municipal Treasurers Association (the "CMTA") Certification Program; and

WHEREAS, the City has reviewed the City’s Financial Policies as attached hereto as Exhibit A, that includes the Guiding Fiscal Polic y, Other Post Employment Benefit ( OPEB) Funding Policy, Pension Funding Policy, Cash Reserve Policy, Debt Policy, Grant Management Policy, Investment Policy, Unclaimed Funds Policy, Purchasing Policy, Employee Meal and Food Policy, Travel Expense Policy an d Procedure, FasTrak Policy and Procedures, and Accounts Payable Automated Clearing House (ACH) Policy; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond, California, hereby adopts the City’s Financial Policies as attached hereto as Exhibit A, that includes the Guiding Fiscal Policy, OPEB Funding Policy, Pension Funding Policy, Cash Reserve Policy, Debt Policy, Grant Management Policy, Investment Policy, Unclaimed Funds Policy, Purchasing Policy, Employee Meal and Food Polic y, Travel Expense Policy and Procedure, FasTrak Policy and Procedures, and Accounts Payable ACH Policy.

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Reso. No. _____

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I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on March 17, 2026, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on March 3, 2026.

_______________________________________
Pamela Christian, Clerk of the City of Richmond

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March 17, 2026

Human Resources

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager
Sharrone Taylor, Director of Human Resources

Subject:

Contract Amendment No. 1 with Prime Actuarial
Consulting for Risk Management Actuarial Services and
Consultation
FINANCIAL IMPACT: The proposed contract amendment of $7,600 covers the cost of actuarial reports for fiscal year (FY) 2025-2026 and FY 2026-2027 and is included within the approved
FY 2025-26 Risk Management Insurance Fund budget
(Account String: 50182216-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City retains independent third-party administrators (TPAs) to adjust and manage claims for both Liability and Workers’ Compensation programs. An annual actuarial
evaluation is required to determine reserve adequacy,
project future losses, and ensure financial reporting
compliance. City Council’s approval is required to amend the contract.

RECOMMENDED ACTION:

APPROVE the first contract amendment with Prime
Actuarial Consulting for the preparation of actuarial
reports for Fiscal Years 2025–2026 and 2026–2027,
increasing the payment limit by $7,600 for a new total
payment limit of $17,100, and extending the term
expiration through June 30, 2027- Human Resources
Department – (Nickie Mastay/Sharrone Taylor 510-620-
6602).

AGENDA
REPORT
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March 17, 2026
DISCUSSION:

The City of Richmond operates a self-insurance program to manage its liability exposures, which include General Liability, Auto Liability, Employment Practices Liability, and Workers’ Compensation. The City secures excess coverage for these programs through the California Joint Powers Risk Management Authority (CJPRMA).

For Workers’ Compensation, the excess coverage is provided by the Public Risk Innovation, Solutions, and Management (PRISM). Independent third-party administrators (TPAs) are engaged to handle and manage claims for both General Liability and Workers’ Compensation programs.

Each year, the City engages actuarial experts to prepare detailed reports for its self- insurance programs: General & Auto Liability, Employment Practices Liability, and Workers’ Compensation. The primary goal of these actuarial services is to determine, with accuracy and objectivity, the loss reserves necessary to cover all outstanding and unpaid liabilities. These figures are critical for the City’s annual financial statements and related disclosures, ensuring compliance with Governmental Accounting Standards Board (GASB) Statement No. 10. The actuarial reports provide estimates of outstanding losses, including allocated loss adjustment expenses (ALAE), and offer analyses of loss trends and development patterns for each coverage line.

The City has partnered with Prime Actuarial for several years and currently maintains an active contract with the agency for actuarial services. The City has been highly satisfied with the quality and reliability of Prime Actuarial’s work. To ensure continued excellence and timely completion of reports for Fiscal Year 2025-26 and Fiscal Year 2026-27, the City seeks to amend the contract by adding funds and extending the term.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

1. Parties. The parties to this Contract are the City of Richmond, a , 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. Citytotal payments to Contractor under this Contract shall not exceed $______________ 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 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.

Human Resources Leticia Lopez
[email protected] 621-1583
16365 7419
Risk Management actuarial services and consultation
Prime Actuarial Consulting (dba Bickmore Actuarial)
180 Promenade Circle, Suite 300
Sacramento, CA 95833
Rian Potvin
(916) 244-1132 [email protected]
N/A
May 1, 2025
June 30, 2026
9,500.00
24/25 9,500.00
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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 signedby (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
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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]:
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_____________________________

EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected]/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 Citysatisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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:

Email: ________________________________________________ 7419
Leticia Lopez
[email protected]
Prime Actuarial Consulting (dba Bickmore Actuarial)
180 Promenade Circle, Suite 300
Sacramento, CA 95833
[email protected]
380
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 t
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:
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, 7419
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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor 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 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 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 .
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 7419
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, against any and all loss, damages, liability, obligations, claims, suits, judgments, costs arising from or in any manner connected to Contractor tions 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 7419
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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-
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- -Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as 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 7419
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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 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 lved in the incident; (iii) name and address of Contractor
the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the 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 t, records to
demonstrate Contractor

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.

Violence in the Workplace Policy and the Policy Against Workplace Harassment, are http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 7419
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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, 7419
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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 Contra performance, or payment therefore, or any combination of these acts, shall not relieve the 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 submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7419
389
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state ):
7419
Prime Actuarial Consulting (dba Bickmore Actuarial)
NONE.
390
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS

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

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor 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
substantially the following statement:
be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) Richmond.

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 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: depend upon the
type of service being provided and/or the provider.
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
7419
Prime Actuarial Consulting (dba Bickmore Actuarial)
391
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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 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.

SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult 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)
7419
Prime Actuarial Consulting (dba Bickmore Actuarial)
392
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned,(hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" orSCC ).

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 (IC ). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Brokermeans 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 Vettingmeans 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:
7419
Prime Actuarial Consulting (dba Bickmore Actuarial)
393
___ 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 CONTRACTORis 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.
394
___ 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. 395
___ 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.
396
DocID #34720v1

CITY OF RICHMOND

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

1. P
arties. The parties to this Contract Am endment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Cont
ractor Name:

Street Address:

C
ity, 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. P
urpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

Cit
y Council Approval Date/City M
anager 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. C
ontract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

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

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

Human Resources
Sharrone Taylor, HR Director
[email protected]
510-620-6602
16365
Risk Management Actuarial Services and Consultation
1 Prime Actuarial Consulting (dba Bickmore Actuarial)
180 Promenade Circle, Suite 300
Sacramento, Ca 95833
Rian Potvin
916-244-1132
[email protected]
tbd
06/30/2025
May 1, 2025
June 30,2026
9500.00
397
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.)
Prime Actuarial Consulting (dba Bickmore Actuarial)
398
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):

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.) ■
May 1, 2025
June 30, 2027
■
7600.00
17,100
400

Page 1 of 2 ends

March 17, 2026

Human Resources

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources

Subject:

Contract with Excel ADR for Alternative Dispute
Resolution Consultation Services
FINANCIAL IMPACT: The proposed contract is not to exceed $252,000 for a three-year period. The first-year cost of $84,000 is
included within the approved fiscal year 2025–2026 Risk Management Insurance Fund budget and will be
budgeted in subsequent years (Account String:
50182216-400201).

PREVIOUS COUNCIL
ACTION:

December 6, 2022

STATEMENT OF THE
ISSUE:

As an alternative to the traditional Workers’
Compensation process, an Alternative Dispute
Resolution (ADR) or “carve-outs” is a proven and efficient way workers can get the treatment they need, through a
much less adversarial process. ADR administration and
consultation services are necessary to develop,
establish, and administer the program.

RECOMMENDED ACTION:

APPROVE a contract with Excel ADR in an amount not
to exceed $252,000 to administer Alternative Dispute
Resolution (ADR) consultative services for Public Safety Worker’s Compensation Cases with a term from
December 6, 2025, to December 6, 2028 – Human
Resources Department (Nickie Mastay/Sharrone Taylor
510-620-6602).

AGENDA
REPORT
401

Page 2 of 2 ends

March 17, 2026
DISCUSSION:

Alternative Dispute Resolution (ADR), also known as “carve-outs,” is a statutorily authorized approach for delivering Workers’ Compensation benefits through alternative dispute resolution methods. When a “carve-out” is used, statutory benefits such as temporary disability, permanent disability, and medical treatment for workplace injuries remain unchanged

On December 6, 2022, the City approved a contract with Excel ADR to provide these services after a standard Request for Proposals process. Since then, Excel ADR has assisted Local 188 employees who opted for this alternative process for workers’ compensation claims. However, Local 188 and the City of Richmond have since dissolved the Alternative Dispute Resolution program, meaning no new cases can be referred.

Under the proposed agreement, Excel ADR will continue managing the existing cases as they progress through the system. Currently, Excel ADR oversees forty cases, and once these are resolved, the program will fully conclude. Although the original contract lapsed on December 5, 2025, it is essential for the vendor to continue managing the Workers’ Compensation claims enrolled in the program. Therefore, the staff would like the City to maintain contractual services with Excel ADR for these cases. Continued oversight is vital to maintain consistency and effective claims management. Over the past three years, Excel ADR has established strong relationships with medical providers and employees, fostering trust and efficient communication.

Ongoing involvement from Excel ADR is critical to ensure that all claims are resolved in line with established protocols, legal requirements, and our obligation to have these cases matriculate through the ADR process. This provides stability for all parties and preserves the integrity of the claims process.

Excel ADR has reduced its monthly rate over the past three years. The rate initially reflected the cost of administering the full program and was subsequently reduced when the program was discontinued. The current rate is $7,000 per month ($84,000 annually), which reflects the cost of administering the remaining caseload of approximately 40 claims.

The Risk Management Division is seeking approval to enter into a contract with Excel ADR, which will enable them to continue overseeing forty (40) existing cases.

DOCUMENTS ATTACHED:

Attachment 1 – Contract

402

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:

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.

Human Resources Management
Nickie Mastay, Deputy City Manager
[email protected]
(510) 6206609
15679
Excel ADR to provide Alternative Dispute Resolution (ADR) consultative services for the City of Richmond as per the attached Scope of Services
Excel ADR
120 Newport Center Drive
Newport Beach, CA 92660
Mark Duranty
(714) 4045688
[email protected]
40063698
December 6, 2025
December 6, 2028
252,000.00
25/26
84,000.00
26/27
84,000.00
27/28
84,000.00
403

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
Excel ADR
404
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

Excel ADR
See attached Scope of Services.
405
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

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.

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Nickie Mastay, Deputy City Manager
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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: ________________________________________________ Excel ADR
Nickie Mastay, Deputy City Manager
[email protected]
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120 Newport Center Drive
Newport Beach, CA 92660
[email protected]
M. Duranty
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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, Excel ADR
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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:

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 Excel ADR
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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.

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.

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:

17. CONFLICTING PROVISIONS:

18. FORCE MAJEURE:

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Excel ADR
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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:

21. INTERPRETATION:

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

22. WARRANTY:

23. SEVERABILITY:

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, Excel ADR
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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:

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”).

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.

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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March 17, 2026

Human Resources

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources

Subject:

Memorandum of Understanding between the City of
Richmond and IAFF Local 188
FINANCIAL IMPACT: The estimated fiscal impact of the Memorandum of Understanding (MOU) with International Association of
Fire Fighters (IAFF) Local 188 Fiscal Year 2025-26 is
$1,406,813; Fiscal Year 2026-27 is $1,487,857; Fiscal
Year 2027-28 is $1,587,849 (Terms of agreement are
July 1, 2025, through June 30, 2028).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding (MOU) with
International Association of Fire Fighters (IAFF) Local 188 expired on June 30, 2025. IAFF Local 188 and the
City have met and conferred in good faith regarding a
new MOU. On February 13, 2026, the parties reached a
Tentative Agreement which established a new MOU
effective July 1, 2025, through June 30, 2028. The
agreement has been ratified by the members of IAFF
Local 188. This agreement is subject to final approval by the City Council.

AGENDA
REPORT
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March 17, 2026
RECOMMENDED ACTION:

ADOPT a resolution to APPROVE a successor
Memorandum of Understanding (MOU) between the City
of Richmond and International Association of Fire
Fighters (IAFF) Local 188 for the term of July 1, 2025, to June 30, 2028, and DIRECT the city manager, or their
designee, to update the publicly available salary
schedule with the adopted wage increases during the
term of the MOU – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602).

DISCUSSION:

The Memorandum of Understanding (MOU) between the City of Richmond and the International Association of Fire Fighters (IAFF) Local 188 expired on June 30, 2025. In March of 2025, City representatives and IAFF Local 188 representatives began bargaining for a new Memorandum of Understanding (MOU). The City and IAFF Local 188 met on multiple occasions in 2025-2026 and reached a Tentative Agreement (TA) on February 13, 2026, to establish a new MOU, effective July 1, 2025, through June 30, 2028. Members of IAFF Local 188 ratified the TA on March 6, 2026. The major components are delineated below.

 MOU Effective Dates: July 1, 2025, through June 30, 2028  Salary Adjustments:
o 5% base wage increase effective the pay period including July 1, 2025 o 5% base wage increase effective the pay period including July 1, 2026 o 5% base wage increase effective the pay period including July 1, 2027  Longevity Pay (modification): Effective the first full pay period after City Council approves this MOU, the existing longevity pay will be modified to add a new tier of 7% at 15 years, and advance the 9% tier from 25 to 20 years.  Fire Investigator Premium: Modifies the on-call standby pay from 12 hours per week to 2 hours per day (equivalent to 14 hours per week).  Incorporates existing side letters granting Cesar Chavez and Juneteenth as holidays and increasing parental leave to four total weeks.  Various language changes in areas such as acting pay, fire inspector schedules, fire investigator qualifications, bereavement leave, family and medical care leave, etc.

IAFF Local 188 and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the prior Local 188 MOU. Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2025, through June 30, 2028.

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March 17, 2026
RECOMMENDATION:

The Human Resources Department requests that City Council adopt the resolution approving a successor MOU between the City of Richmond and IAFF Local 188 with effective dates of July 1, 2025, to June 30, 2028. City staff further recommend that the City Council direct the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution and Resolution Exhibit A – Memorandum of Understanding 423
RESOLUTION NO. _____

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

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

RICHMOND AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL 188

WHEREAS, the City of Richmond and the International Association of Fire Fighters (IAFF) Local 188 had a Memorandum of Understanding (MOU) covering the period July 1, 2022, through June 30, 2025; and

WHEREAS, the City and IAFF Local 188 are required under the Meyers-Milias-Brown Act (MMBA) to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment; and

WHEREAS, in accordance with MMBA Government Code Section 3505, the City’s negotiation team met and conferred in good faith with representatives of IAFF Local 188 to negotiate a successor MOU; and

WHEREAS, the successor MOU has been ratified by the membership of IAFF Local 188, and the City Council is required to adopt the MOU.

NOW THEREFORE, BE IT RESOLVED, the Council of the City of Richmond adopts the MOU between the City of Richmond and IAFF Local 188 set forth in Exhibit A, and directs the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

424
Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney
425

MEMORANDUM OF UNDERSTANDING

between

The City of Richmond, California

and

The International Association of Fire Fighters
Local 188

July 1, 2025 – June 30, 2028

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July 1, 2025 – June 30, 2028
CITY OF RICHMOND AND IAFF LOCAL 188
MEMORANDUM OF UNDERSTANDING 2025-2028

TABLE OF CONTENTS

1. RECOGNITION ................................................................................................................ 3

2. UNION DUES PAYROLL DEDUCTION ........................................................................... 3

3. EMPLOYEE RIGHTS ....................................................................................................... 4

4. CITY AND DEPARTMENTAL RIGHTS ............................................................................ 6

5. NO STRIKE ...................................................................................................................... 6

6. GRIEVANCE PROCEDURE ............................................................................................ 6

7. SALARIES ...................................................................................................................... 10

7.1 SALARY CHANGES ..................................................................................................... 10

7.2. OVERTIME AND COMPENSATION FOR OVERTIME ............................................... 11

7.3 WORKERS’ COMPENSATION LEAVE ....................................................................... 13

8. BILINGUAL PAY............................................................................................................. 15

9. INDIRECT PAY ALLOWANCES..................................................................................... 15

10. HOURS ........................................................................................................................ 20

10.1 HOURS FOR FIRE PREVENTION SERVICES DIVISION PERSONNEL .................. 21

11. ON-CALL FIRE INVESTIGATOR ELIGIBILITY AND COMPENSATION ...................... 22

12. ATTENDANCE ............................................................................................................. 23

13. LEAVES OF ABSENCE ............................................................................................... 24 LEAVE OF ABSENCE WITHOUT PAY ................................................................... 24 LEAVES OF ABSENCE WITH PAY ........................................................................ 24 SICK LEAVE ............................................................................................................ 24 BEREAVEMENT LEAVE ......................................................................................... 24 PARENTAL LEAVE ................................................................................................. 24 FAMILY AND MEDICAL CARE LEAVE ................................................................... 24

14. VACATION ................................................................................................................... 27

15. MILITARY LEAVE ........................................................................................................ 30

16. LEAVE FOR JURY DUTY ............................................................................................ 31

17. CERTAIN COURT APPEARANCES ............................................................................ 31

18. HEALTH BENEFITS ..................................................................................................... 31 MEDICAL PLANS .................................................................................................... 31 ACTIVE EMPLOYEE BENEFIT ACCOUNT ............................................................ 31 CAFETERIA OPTION .............................................................................................. 31 DENTAL PLAN ........................................................................................................ 31 VISION PLAN .......................................................................................................... 31 FLEXIBLE BENEFITS PLAN ................................................................................... 31

19. LIFE INSURANCE AND LONG-TERM DISABILITY ..................................................... 35

20. RETIREMENT PLAN .................................................................................................... 35

21. OCCUPATIONAL HEALTH, SAFETY, AND WELLNESS PROGRAMS ...................... 36

22. LAYOFFS AND EFFECTS ........................................................................................... 36

23. RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD ........................ 37

24. NEPOTISM POLICY ..................................................................................................... 37

25. PROBATIONARY PERIOD .......................................................................................... 38

26. PROBATIONARY PERFORMANCE REPORTS .......................................................... 39 427

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July 1, 2025 – June 30, 2028

27. PERFORMANCE EVALUATIONS ................................................................................ 39

28. HOLIDAYS ................................................................................................................... 39

29. DAILY STAFFING ........................................................................................................ 40

30. EXERCISE EQUIPMENT ............................................................................................. 40

31. DRUG AND ALCOHOL ABUSE TESTING ................................................................... 40

32. MEETING REGARDING ADVANCED LIFE SUPPORT (ALS) PROGRAM ................. 41

33. FULL AGREEMENT/ZIPPER CLAUSE ........................................................................ 41

34. TERM ........................................................................................................................... 41 ATTACHMENT A – SALARY SCHEDULE ......................................................................... 43 ATTACHMENT B – FAMILY & MEDICAL LEAVE POLICY ................................................ 44

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July 1, 2025 – June 30, 2028

MEMORANDUM OF UNDERSTANDING
between

CITY OF RICHMOND
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 188

JULY 1, 2025 - JUNE 30, 2028

1. RECOGNITION

The City of Richmond (City) recognizes the International Association of Fire Fighters (IAFF), Local 188 (Union or Local 188) as the sole and exclusive representative for the Fire Fighters Bargaining Unit, consisting of the following classifications, as well as any new classifications which may be assigned to this unit in accordance with the City Charter, the City's Employer - Employee Relations Resolution, Personnel Rules and State law.

Firefighter Trainee
Firefighter
Fire Engineer
Fire Captain
Fire Inspector I & II
Deputy Fire Marshal

2. UNION DUES PAYROLL DEDUCTION

A member of this unit may, at any time execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) as furnished by the Union.

The Union will be the custodian of records for such Deduction Authorization Form and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.

The City shall begin deductions in the amount prescribed by the Union in the first full pay period after receipt of written Certification from the Union. The employer shall transmit such payments to the Union no later than thirty (30) days after the deduction from the member’s earnings occurs.

Deductions may be revoked only pursuant to the terms of the Deduction Authorization Form unless the employee is in an unpaid status. The employees’ earnings must be regularly sufficient, after other legal and required deductions are made, to cover the 429

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amount of the appropriate Union dues. When a member in good standing of the Union is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings, nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.

The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by the Union.

3. EMPLOYEE RIGHTS

3A. No Discrimination

No employee covered by this Agreement shall be discriminated against by the City or by the Union by reason of race, color, religion, creed, sex, sexual orientation, age, national origin, physical or mental disability, lawful Union activity, refusal to participate in Union activity, or any basis prohibited by law.

3B. Release Time

The Union may designate representatives for the purpose of assisting bargaining unit members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of Understanding (MOU or Agreement).

In consideration of the unique and restrictive work schedule of Fire Fighters, the City shall afford such representatives reasonable time off during working hours without loss of compensation or other benefits for representational purposes as provided in this section. Release time must be scheduled so as not to unduly interfere with work load and job requirements as determined by the Fire Chief or designee . The Fire Chief or designee shall not be obligated to afford release time to more than one union representative per grievance meeting or investigatory meeting which the employee reasonably believes may result in punitive action and which an employee is entitled to representation. The City does not provide paid release time for employees who are off-duty.

The Union shall advise the Fire Chief, the Director of Human Resources or designee of the names of its authorized Union representative(s) and continuously update any changes to the authorized Union representatives.

The authorized representative(s) of the Union shall be permitted access to City facilities at reasonable times for the purpose of transmitting information, to 430

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investigate grievances, or for representation purposes. The Union representative shall give prior notice of their visit to the Fire Chief or designee. Approval of such requests shall not be unreasonably withheld.

Where practicable, authorized Union representative(s) seeking release for purposes of this subsection must inform the Fire Chief or designee of their proposed absence no later than forty -eight (48) hours prior to such proposed absence, and must receive advance approval. The request for release time should be in writing and include the date, time, approximate number of hours requested, and the category of representational purpose from the activities listed below. The Fire Chief may withhold or revoke approval of any proposed absence when operational needs or other legitimate considerations so warrant. If the Fire Chief withholds or revokes approval of any proposed absence pursuant to this subsection, the Fire Chief or designee will identify, in writing, the reason(s) supporting the decision to withhold approval.

“Representation purposes” includes the following:

• Attending Labor-Management meetings;

• Attendance at monthly general membership meetings by Union officers (President, Vice President, Business Agent, and/or Secretary);

• Formally meeting and conferring on matters within the scope of representation;

• Negotiations and a reasonable amount of time to caucus immediately before the scheduled meeting, subject to approval by the Director of Human Resources;

• Meetings called by the City Director of Human Resources, or the Fire Chief with the Union for the purpose of addressing issues pertaining to Union wages, hours or working conditions;

• Meetings called by the Union with City Human Resources, Fire Chief, or the Fire Chief’s designee for the purpose of addressing issues pertaining to Union wages, hours or working conditions.

• Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, in matters relating to a charge filed by the Union against the City or by the City against the Union; or,

• Testifying or appearing as the designated representative of the Union in matters before the City Council, the City’s Personnel Board or an arbitrator.

The Fire Chief will consider other requests for release time, not enumerated above, on a case-by-case basis.
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4. CITY AND DEPARTMENTAL RIGHTS

Local 188 recognizes that the City and the Fire Chief retain, whether exercised or not, solely and exclusively all expressed and inherent rights and authority pursuant to law with respect to determining the level of and the manner in which the City's Fire Department activities are conducted, managed, and administered, and Local 188 recognizes the exclusive right of the Fire Chief to maintain departmental rules and procedures for the administration of the Fire Department during the term of this Memorandum provided that such rules and procedures do not violate any of the specific expressed provisions of this MOU. The City recognizes that it has an obligation under Section 3505 of the Government Code to meet and confer in good faith on matters within the scope of representation as those matters are defined under Section 3504 of the Government Code.

5. NO STRIKE

The Union and its members pledge that they shall not engage in any strike, slow down, sick out, sympathy strike, partial strike or other concerted refusal to perform job responsibilities.

6. GRIEVANCE PROCEDURE

Purpose: This procedure is designed to assure accessibility of employees covered by this Agreement to an equitable system for resolving disputes as rapidly as possible at the lowest management level possible.

6.A. Definitions

A GRIEVANCE - is any dispute between the City and the employees covered by this Agreement concerning:

1. A claimed violation, misapplication, or misinterpretation of a specific provision of this Agreement which adversely affects the grievant.

2. Discipline of an employee covered by this Agreement involving a reprimand, demotion, suspension, dismissal, or reduction in pay.

3. Any situation bearing on the status or conditions of employment of an employee covered by this Agreement.

A GRIEVANT - is an employee covered by this Agreement or an authorized representative of the Union who is filing a grievance as defined above. Grievances which affect more than one employee in a substantially similar manner may be consolidated at the discretion of either the City or the Union and thereafter represented by a single grievant or representative selected by the grievant involved.

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6.B. Time Limits

The grievant must initiate the grievance within fourteen (14) calendar days of the event giving rise to the dispute or from the date the grievant could reasonably have been expected to have knowledge of such event. At each step, the City representative shall have fourteen (14) calendar days to respond to the grievance.

The grievant shall have fourteen (14) calendar days from receipt of a written response to appeal the grievance to the next higher step.

6.C. Procedures:

1. Informal Level

The grievant must orally discuss the issue of concern with their Battalion Chief/Fire Marshal. The Battalion Chief/Fire Marshal shall have fourteen (14) calendar days to give an oral answer or response to the grievant.

2. Formal Level

STEP 1: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within fourteen (14) calendar days of receipt of such answer, file a formal written grievance with the Fire Chief using the grievance form and attachments, if necessary. The Fire Chief shall designate an appropriate Chief Officer to handle the grievance. The designated Chief Officer shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.

STEP 2: If the grievant is not satisfied with the designated Chief Officer's written response, the grievant may file a written appeal to the Fire Chief. The Fire Chief shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.

STEP 3: If the grievant is not satisfied with the Fire Chief's written response, the grievant may file a written appeal to the City Manager. The City Manager, or their designee, shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.

STEP 4: If the grievant is not satisfied with the City Manager's or designee's written response, the grievant may submit their request for a hearing before the Personnel Board in accordance with the City Charter and Personnel Rule IX or, where permitted, as delineated below, to present the matter to an arbitrator.

Binding Arbitration. Binding arbitration is agreed to by the Union and its members with full knowledge that they are waiving their rights to a Personnel Board hearing as described in Personnel Rule IX, and in Article XIII Section 7(a) of the City Charter. Specifically, employees utilizing binding arbitration waive the right for a Personnel Board investigation, hearing, and recommendation to the City Manager. 433

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Applicability. Binding arbitration shall be applicable only in the following situations:

Disputes concerning disciplinary actions greater than five (5) days suspension without pay, including disciplinary termination of employment, pay reductions equivalent to greater than five days’ pay, and demotions.

Disputes over the agreement concerning interpretation and/or application of specific language in grievable sections of this Memorandum of Understanding for which no other avenue of redress exists may also be grieved to arbitration. Such request for arbitration must come only from the Union. In such circumstances, an arbitrator will decide how the specific requirement, condition, or provision of the agreement will be applied.

Time Lines . A written request for arbitration shall be served on the Director of Human Resources within 14 calendar days after the City Manager has delivered to the employee their decision on the disciplinary matter or contract interpretation (application) issue. These time lines may be waived or extended only with the mutual written consent of both parties.

If the above time limitations are not met, the grievant or the Union will have waived all rights to arbitration or a hearing by the Personnel Board on the proposed discipline or contract interpretation/application issue.

Selection of an Arbitrator. An impartial arbitrator shall be selected jointly by the City and Union. Within fourteen (14) calendar days of the request for arbitration, the moving party will request of the California State Mediation and Conciliation Service a list of five arbitrators. Each party shall in turn cross off one name on the list; the first party to cross off a name shall be determined by a flip of a coin. The final name left on such list shall be the arbitrator. The arbitrator shall render a decision no later than 30 days after the arbitration hearing, unless otherwise agreed upon by the parties and the arbitrator. Such decision shall be in conformance to the terms of this MOU. Copies of the decision will be furnished to both parties.

Decision of the Arbitrator is Binding. The decision of the arbitrator shall be final and binding on the parties and on any affected employees covered by this agreement.

Said decision shall be issued in writing and made in accordance with and in conformance to, the terms of this MOU.

Fees and Expenses. The fees and expenses of the arbitrator and of a court reporter if used, shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own attorney's fees or other presentation costs including but not limited to preparation for the hearing and post-hearing briefs, if any.

Limitations on Arbitrator's Authority and Jurisdiction. No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves an eligible employee in this represented unit and unless such dispute falls within the section above entitled 434

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Applicability.

Proposals to create, add to, or change this written agreement or addenda supplementary thereto shall not be arbitrable and no proposal to modify, amend, or terminate a negotiated agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred to this process. Likewise, no grievance arising out of the exercise of the City and Departmental Rights section of this MOU shall be submitted to this procedure.

No arbitrator shall have the power to amend or modify a negotiated agreement or addenda supplementary thereto or to establish any new terms or conditions of employment or to make any decision in violation of existing law. The arbitrator’s authority shall be limited only to the application and interpretation of the provisions of this written agreement. The arbitrator shall have no authority to base any decision on any past practice or custom which is inconsistent with any provision of this agreement, or to render an award on any action occurring before the effective date or after the stated termination date of this agreement.

6.D. General Provisions:

If a grievant is appealing discipline which has gone through the "Skelly meeting" process, the grievant may take the grievance directly to Step 4 of the grievance process.

If a grievant fails to carry their grievance forward to the next step within the prescribed time period, the grievance shall be considered settled based upon the written response rendered at the most recent step utilized.

If a City representative fails to provide a written response within the prescribed time period, the grievant may appeal their grievance to the next higher level.

The grievant may be represented by a person of their choice at any step of this procedure. The City representative shall be advised of the grievant's representative in writing.

Time limits and formal levels may be waived by mutual written consent of the parties.

Proof of service shall be accomplished by certified mail or personal delivery, which will include an acknowledgment receipt form.

A grievance form will be jointly developed to include information which describes the grievance, identifies the issue(s) involved, sets forth the remedy requested, and documents timelines.

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7. SALARIES

The Parties have agreed to the following base wage increases:

Effective the pay period including July 1, 2025, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).

Effective the pay period including July 1, 2026, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).

Effective the pay period including July 1, 2027, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).

7.1 SALARY CHANGES

7.1.A. Salary Designations

The salaries herein established are on a monthly basis, except as where otherwise established.

7.1B. Advancements and Promotions

Salary advancements shall be made in conformance with the salary plan contained within this memorandum of understanding and in conformance with the provisions of the City Charter and Personnel Rules as these relate to salary advancement and employee promotion.

7.1C. Effects of Certain Personnel Actions Upon Salaries

An employee occupying a position which is reallocated to another classification, the maximum salary for which is less than the maximum salary for the incumbent's present classification, shall continue to receive their present salary. An employee occupying a position in a classification, the maximum salary rate for which is reduced, shall continue to receive their present salary. Such continuations of present salaries shall each be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that position shall be made in accordance with the salary range established by this memorandum of understanding. "Y" rating does not apply in the event of bumping to a lower paid classification as a result of layoff.

When the classification's salary range increases to the level of the employee's "Y" rated salary, the employee will once again be eligible for salary increases through both merit and across the board increases, not to exceed the top step of the salary range.

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7.1.D. Eligibility for Salary Advancement

Each year of satisfactory service normally shall make an employee eligible for consideration for salary advancement within the salary range of their classification, except where such employee is in a class for which there is a single rate of pay.

Annual advancement shall not be automatic, but shall depend upon the increased value of an employee to the City as reflected by the recommendation of their supervisor and their department head within a written performance evaluation.

Exceptionally meritorious service shall be considered adequate grounds for consideration for advancement even though such service is of less than one year's duration. Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the Classified Service for good and sufficient reasons.

7.1.E. Promotion – Effect Upon Rate of Compensation

Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher monthly salary in the salary range which attaches to the higher class and is at least five percent (5.0%) higher than their previous salary.

7.1.F. Demotion

The rate of compensation to be paid in all cases of demotion, whether voluntary, disciplinary, for incompetence, or in lieu of layoff, shall be determined by the City Manager, based upon the recommendation of the Department Head and the Director of Human Resources.

7.1.G. Effect of Leave Without Pay Upon Salary Advancement

An employee who has taken leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty days.

Leave of absence for a period totaling less than thirty (30) days in the given service year shall have no effect upon the employee's anniversary date.

7.2. OVERTIME AND COMPENSATION FOR OVERTIME

7.2.A. Definitions

Employees are entitled to overtime compensation for all hours worked in excess of their assigned work schedule.

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7.2.B. Rate of Compensation for Overtime Worked

Overtime shall be paid either by cash at the rate of one and one- half (1.5) times the hourly regular rate for each overtime hour worked, or by compensatory time- off accrued at the rate of one and one-half (1.5) hours per overtime hour worked.

The hourly regular rate shall be computed by dividing annual salary by the normal schedule of total working hours per year, and includes other add- on pays including longevity, bilingual pay and education incentives as well as other pays that may be required by law or by agreement of the parties.

7.2.C. FLSA Cycles

The City has established a twenty -four day 207(k) work period for all eligible fire suppression personnel, regardless of rank, pursuant to the Fair Labor Standards Act (FLSA). Under this twenty -four day FLSA work period (also referred to as 24- day cycle), the FLSA overtime threshold is one hundred and eighty -two (182) hours actually worked in the twenty -four day work period. The first twenty -four day work period of Fiscal Year 2022- 2023 began at 7:30 AM on June 23, 2022 and ended twenty-four days later on July 16, 2022, and regularly recurs on this basis.

Employees assigned to administrative duties are subject to a seven- day FLSA work period pursuant to 207(a) of the FLSA with an overtime threshold of forty hours actually worked per 7- day week. The workweek for employees assigned administrative duties shall begin at 12:01 a.m. Sunday and shall end seven days later at 12:00 a.m. unless otherwise designated by the Fire Chief.

7.2.D. Compensatory Time-Off

An employee has the right to request overtime compensation in cash payment or in the form of compensatory time-off (CTO). Fire suppression personnel may accrue a maximum of 144 hours of CTO. Employees working a 40-hour week may accrue a maximum of 100 hours of compensatory time-off. When an employee has reached the maximum number of accrued compensatory time- off hours, overtime compensation shall be paid in cash until the employee’s compensatory time-off bank falls below the maximum.

When requesting CTO, employees agree to provide notice as required by Fire Department policy.

Employees adhering to the above advance notice schedule shall not be denied their requested accumulated CTO days off unless granting such a request would result in undue disruption of the Department’s operations. The City agrees to allow four (4) suppression personnel per shift off on vacation or CTO leave at any one time. In the event two (2) or more employees from the same shift request to use compensatory time on the same date, Management will utilize the process established for Station Bidding to determine which employee(s), if any, may be permitted to use leave time.

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For purposes of this section, a duty shift is as defined in Article 10.B. of this MOU.

7.2.E. Accumulated Compensatory Time-Off At Time of Separation

At separation, accumulated and unused CTO will be paid to the separating employee at the legally-required rate.

7.2.F. Procedure Governing Overtime
All overtime hours must be approved by the Fire Chief or their designated representative.

7.2.G. Call-Back Time

An employee called back to work shall be credited with a minimum amount of three (3) hours at the overtime rate.

7.2.H. Shift Holdovers

Employees who are held over their regular duty shift change time shall be eligible for overtime pay, in six -minute increments, paid at one and one- half times their hourly rate of pay.

7.2.I. Part-Time Employment

Employees who work on a seasonal, part -time, or intermittent basis shall be paid for time actually worked. Any time worked in excess of their regularly scheduled shift will be paid at one and one-half times their hourly rate of pay.

7.2.J. 56-Hour Reportable FLSA Overtime

Because 56- hour personnel are scheduled to work ten hours of FLSA overtime every 24-day FLSA duty cycle as part of their regular work schedule, the City pays such employees six hours of “FLSA premium pay” per pay period, calculated at 0.5 times the base wage, plus any applicable bilingual pay, longevity pay, and education incentive, plus the work period value of any applicable cafeteria opt-out payment the employee may receive. See 2 C.C.R. 571(a)(5) and 2 C.C.R. 571.1(b)(4) – Fair Labor Standards Act (FLSA). The rate paid for FLSA premium pay has been in effect since at least January 1, 2021.

7.3 WORKERS’ COMPENSATION LEAVE

Any City employee, who is unable to work because of bodily injury or sickness which occurs while he/she is acting within the course and scope of their employment, shall be paid their full salary up to a maximum of 52 weeks from the date that he/she is unable to work in accordance with Labor Code Section 4850, subject however, to the following conditions.
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7.3.A. A return to duty or retirement with pension within said period of time shall automatically terminate the City's liability hereunder.

7.3.B. During the time the employee is receiving total temporary disability compensation payment, the City shall make payment in accordance with Labor Code Section 4850 as applicable. If after completion of disability leave, it is determined that a permanent and stationary disability exists, it shall be the City's decision to retire the employee with a 60% sick leave cash -out as final total settlement. This option is in lieu of the PERS credit option described in Section 20.

7.3.C. The termination by the City of payments under this Section shall terminate the City's liability hereunder for the payment of full salary. If, within 60 days after the termination of said total temporary disability compensation payments, an employee applies for a hearing before the Workers' Compensation Appeals Board (WCAB), the employee's full salary shall be paid forthwith pending decision by the WCAB, but not to exceed a total of 52 weeks from the beginning of the injury or illness.

7.3.D. In the event that it shall be determined from competent medical evidence that it is reasonably probable that an employee absent on compensation leave will not be physically or mentally able to perform the full duties of their position, the City shall terminate their right to any contribution toward their salary. Said employee shall be obligated to immediately apply for a disability pension. The employee's department head shall be responsible for the administration of the provisions hereof, and he/she shall require the employee to submit periodic medical reports and also, if necessary, require the employee to submit to such medical examinations as may be necessary to provide the City with information as to the employee's physical and mental condition. Said employee shall cooperate fully with the City. Upon the employee's date of disability retirement, the employee, upon approval by the City, shall be entitled to receive as final total settlement, a lump sum payment of 60% of their sick leave accumulated up to their retirement date. This option is in lieu of the PERS credit option described in Section 20.

7.3.E. During the time that an employee is disabled by reason of bodily injury or sickness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period.

7.3.F. An employee absent from duty under this Section shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave.

7.3.G. In the event that an employee's injury or sickness results from the carelessness or negligence of a third party, the City shall have the same right of subrogation for reimbursement of salary paid as does the City's compensation carrier under the Labor Code of the State of California.

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7.3.H. In case a dispute arises by reason of the provisions of this Section, the City Manager shall have the right to make such investigation as the City Manager deems advisable, and shall determine the issue.

8. BILINGUAL PAY

8.A. The City recognizes the diversity of the community. To this extent, the purpose of the bilingual pay is to ensure that Fire Department personnel are able to communicate effectively so that language barriers will not serve as an impediment to carrying out the mission of the Fire Department.

8.B. The City shall pay 2% bilingual pay calculated on the employee’s base wage plus any applicable longevity pay and/or education incentive to those specified members who meet the following qualifications:

1. Be able to successfully pass an oral interview by a person(s) chosen by the Human Resources Department. The interviewer(s) will be looking for proficiency in speaking and interpreting the language.

2. Languages qualifying for bilingual pay are:

Spanish
Vietnamese
Laotian
American Sign Language

3. An additional pay form will be submitted to the Human Resources Department requesting bilingual pay . The Director of Human Resources can add additional languages that are eligible to receive this differential, based on the needs of the Fire Department. The Fire Department would need to justify their need to pay a bilingual differential for a language not delineated above.

8.C. The current rate paid for bilingual pay has been in effect since at least January 1, 2021.

9. INDIRECT PAY ALLOWANCES

9.A. Acting Pay

The Fire Department may, in its sole discretion, assign members to perform the work of members in higher classifications. Such assignments shall be for a specific period of time. This assignment and the period of time for it, shall be specified on the daily roster. A fter successful participation in the department's Certification for Acting Program OR while certified on an appropriate, unexpired promotional list, assigned members shall be paid at the acting pay rate for each five consecutive hours or longer worked thereafter in the higher classification. The department has 441

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the prerogative to return such members to their former classification at any time.

The rate for acting pay shall be the step within the range of the higher classification that provides a minimum of five percent more than the employee’s salary as defined in the payroll system. The rate for acting pay has been in effect since at least January 1, 2021.

Members who have not been certified by the department's Certification for Acting Program, but are deemed qualified to act, will receive acting pay from the first hour that they serve in the acting capacity, when required to act in a higher classification.

Such requirement must be made by the Chief or his or her designee.

FIRE DEPARTMENT PROGRAM ON CERTIFICATION FOR ACTING PAY

1. Purpose: This section establishes the departmental program and policies which relate to members of the Local 188 bargaining unit acting in higher classifications and pay for such work. It is intended to be read and administered in a manner consistent with EEO/AA principles. It is not intended, and shall not be construed to limit the Department's ability to assign "acting" responsibilities to management or other non-unit personnel.

2. Acting Pay: Acting pay for unit members shall only be awarded for qualifying work in a higher classification for periods of five or more consecutive hours. If the assignment exceeds five hours, the member will be awarded acting pay from the start of the assignment. Unit members shall not receive acting pay for work in a higher classification without first having been certified for acting pay in that classification under the provisions of this program or certified on an appropriate, unexpired promotional list.

From time to time, situations may arise when no certified (either by department qualifications or on a promotional list) individuals are available to act in a higher classification. During these short -term periods, the department may use a firefighter or engineer who does not regularly act in higher classifications to fill a vacant position. On these occasions the department will pay acting pay from the first hour of acting in the higher classification.

3. Requirements: Unit members must have permanent status in an appropriate Richmond Fire Department rank and possess at least the following years of full - time paid experience in an organized fire department prior to applying for acting certification:

Acting Classification Experience Requirement to Apply

Fire Engineer.................2 years as a Fire Fighter Fire Captain................. 3 years as a Fire Fighter or Fire Engineer Battalion Chief...............2 years as a Fire Captain

4. Acting Certification Process: The three phases of the departmental process for 442

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acting certification include:

a. Application. Members must apply personally by memorandum to the Director of Training to enter the departmental process for acting certification.

b. Qualifying Examination. Applicants must pass a qualifying examination.

Applicants will be provided appropriate study guide material in advance of the examination by the Director of Training who shall administer the examination at a time and place mutually agreeable to the applicant and the Director of Training. The general nature of qualifying examinations shall be subject to meeting and conferring between Local 188 and management (fire and personnel). A minimum passing score of 70% must be achieved on each section of the test. Applicants who fail the qualifying examination may try again following a suitable preparation period of no less than 30 days from the initial test date, or as mutually agreed upon by the Union and the Director of Training. The fire department shall ensure a fair, consistent and confidential exam environment for all candidates, where only Chief Officers are to serve as evaluators. Department designated Subject Matter Experts (SMEs) may be present for certain exams to assist in setup, verify proper function of department equipment or apparatus, and to consult with Chief Officers on current operational practices.

c. Acting Certification. Applicants receiving a 70% score or higher shall be certified by the Department to act in that higher classification. This certification shall be for a two (2) year period subject only to revocation for specific reason disclosed to the member by the Department subject to final review by the Fire Chief should the member so request. Members approved for acting pay prior to adoption of this program shall be certified by the Department to act in that higher classification. The Department shall maintain a current listing of all members certified to act.

5. Acting Assignments With a Promotion List: Upon receipt of certified results of a promotional examination, shift battalion chiefs shall establish an acting assignment schedule. This schedule will prioritize the assignment of acting service based on departmental service seniority in order of those in the "A" band, "B" band, "C" band, and any others certified to act as needed to fit a rotational policy limiting such members to two consecutive twenty-four hour shifts or one set in an acting capacity. Supervisors shall monitor the hours each individual is in an acting capacity to endeavor to assure an equitable distribution of opportunity to act.

6. Acting Assignments Without a Promotion List: In the absence of an active promotion list, shift battalion chiefs shall rotate acting assignments among those individuals certified to act in the higher classification. Shift Battalion Chiefs shall endeavor to base the rotation on an individual’s departmental service seniority.

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injury or illness which involves lost time during such assignment, he or she shall revert immediately to the regular classification and shall not receive acting pay for any time not actually worked; provided, however, that a member so assigned and working who incurs an industrial injury or illness shall be paid at the rate due the higher classification for time lost during the remainder of the period of the specific assignment only.

9.B. Uniform Allowance

Bargaining unit members shall receive an allowance of $800.00 per fiscal year. Half of this a llowance shall be paid on June 16
th and the remaining half paid on
December 16 th for the purchase and maintenance of required uniforms, including footwear. To qualify for either or both of the semi -annual allotments, members must be employees of record on the date of payment.

9.C. Supplemental Pay

1. Advanced Skills Incentive : Effective January 1, 2014, an employee trained and certified in the following advanced skills received a 5% incentive pay: Hazardous Material Technician, Hazardous Materials Specialist, Marine Response training or Advanced Rescue Training. On January 1, 2018, the 5% advanced skills incentive was rolled into the base salaries for the Firefighter, Fire Engineer, Fire Captain, Fire Inspector I & II and Deputy Fire Marshal job classifications.

2. Longevity: An employee with 5 years of service with the Richmond Fire Department shall receive an additional 2% calculated on the employee’s base wage plus any applicable education incentive. Employees with 10 years of service with the Richmond Fire Department shall receive an additional 2.5% for a total of 4.5% calculated on the employee’s base wage plus any applicable education incentive. Employees with 25 years of service with the Richmond Fire Department shall receive an additional 4.5% above regular salary for a total of 9%.

Effective the first full pay period after Council approves this MOU, employees with fifteen (15) years of service with the Richmond Fire Department shall receive an additional 2.5% for a total of 7% calculated on the employee’s base wage plus any applicable education incentive. Effective the first full pay period after Council approves this MOU, employees with twenty (20) years of service with the Richmond Fire Department shall receive an additional 2% for a total of

9.0% calculated on the employee’s base wage plus any applicable education incentive; employees with 25 years of service with the Richmond Fire Department shall continue to receive 9%.

The rate paid for longevity has been in effect since at least January 1, 2021.

3. Hazardous Materials Response Team : Six bargaining unit members per shift received a HAZMAT differential. As of January 1, 2014, this differential was 444

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referred to as Advanced Skills Incentive. On January 1, 2018, the Advanced Skills Incentive was rolled into base salary as noted above in section 9.C.1.

4. EMT 135 Certification: The Fire Department paid a 1.5% incentive for advanced EMT training to all IAFF Local 188 members to achieve the EMT 135 Certification. This differential was in addition to the 4.0% EMT differential previously received by employees covered by this MOU that was rolled into base salaries as noted above in section C.1.a. On January 1, 2018, the 1.5% EMT 135 Certification differential was rolled into the base salaries of the Firefighter, Fire Engineer, Fire Captain, Fire Inspector I & II and Deputy Fire Marshal job classifications.

5. Education Incentive

a. An employee will receive 2.5% calculated on the employee’s base wage for the following degrees or certifications:

Associate of Arts Degree
Associate of Science Degree
Company Officer Certification

An employee will receive 5.0 % calculated on the employee’s base wage for the following degrees or certifications:

Bachelor of Arts Degree
Bachelor of Science Degree
Chief Officer Certification

Degrees must be from an accredited community college, college, or university.

An employee is only eligible to receive the incentive for one degree and/or certification. An employee possessing multiple degrees and/or certifications will be eligible for the most valuable incentive. For example, an employee possessing a Company Officer Certification and a Bachelor of Arts Degree will receive a 5.0% incentive. Employees who become eligible in the future will receive the incentive pay prospectively.

b. An employee possessing a Firefighter II Certification will receive 2.5% calculated on the employee’s base wage. Firefighter II Certification must be issued by the California State Fire Marshal or by another fire training agency that is accredited by the International Fire Service Accreditation Congress (IFSAC) and/or Pro Board, and the certification must bear the corresponding IFSAC or Pro Board Seal.

Obtaining Firefighter II Certification

In furtherance of the parties’ mutual interest in facilitating employees’ ability to obtain a Firefighter II Certification, the City will make a good faith effort to 445

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establish a partnership with an accredited ARTP (for example Los Medanos College) to provide the required testing. If the City cannot reestablish such a partnership in a timely fashion, the City will make a good faith effort to submit an application to become an Accredited Local Academy (ALA) by July 1, 2027.

Limited Duration 2025-2028 Firefighter II Skills Program

For the term of this 2025-2028 MOU only, employees without a Firefighter II Certification may obtain the 2.5% upon successful completion of the Firefighter 2 Certification CTS task book. As used here, “successful completion” means satisfactory execution of each job performance requirement as evaluated by a qualified individual of a higher rank, and subsequent sign off on the completed task book by the Fire Chief. If an employee receives the 2.5% under this limited duration 2025-2028 Firefighter II Program, they shall not be eligible for an additional 2.5% upon obtaining the required Firefighter II Certification (described above). This Program ends at the end of the term of this contract, which is June 30, 2028. This means employees who do not obtain the required Firefighter II Certification by June 30, 2028 will no longer receive the 2.5%. The parties understand that the

2.5% available under the limited duration 2025-2028 Firefighter II Program is not reportable to CalPERS as special compensation.

c. The City will initiate education incentive pay described in paragraphs (a) and (b) above the first full pay period after the Human Resources Department receives an Additional Pay Form and written proof of a qualifying degree or certification.

10. HOURS

10.A. Duty Cycle

A duty cycle shall consist of eight (8) twenty -four hour duty shifts within a 24- consecutive day period for fire suppression employees

10.B. Duty Shift

A duty shift shall consist of twenty -four hours commencing at 7:30 a.m., and ending at 7:30 a.m., the day following.

10.C. Duty Days

The normal duty shift for firefighting employees engaged in fire suppression activities shall be considered to be two (2) consecutive duty days within twenty -four hours, one of which shall be of ten hours length, beginning at 7:30 a.m., and ending at 5:30 p.m., the second of which shall be of fourteen hours length, beginning at 446

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5:30 p.m., and ending at 7:30 a.m., of the following day. This shall be in accordance with the detailed duty schedule maintained by the Fire Department.

10.D. The normal work week for non- firefighting employees covered by this agreement shall be forty (40) hours, Monday through Friday.

10.E. Nothing herein shall prevent the City Council from directing the City Manager to (1) reduce the workforce, and/or (2) reduce the normal or traditional hours of work because of a shortage of work, lack of funds, or material change in duties or organization. Consistent with State law, any reductions would be subject to meet and confer with the bargaining unit to discuss its impact on the employees covered under this Agreement.

10.1 HOURS FOR FIRE PREVENTION SERVICES DIVISION PERSONNEL

Fire Prevention Services Division (FPSD) personnel shall be assigned work schedules at the discretion of the Fire Chief.

5/8 Schedule

The standard work schedule for FPSD personnel is an eight-hour shift Monday through Friday, commencing at 0800 through 1700 with a one (1) hour unpaid meal period.

9/80 Schedule

At the discretion of the Fire Chief, FPSD personnel may work a 9/80 schedule, which consists of eight (8) nine (9) -hour days and one (1) alternating eight (8)-hour day and one day off, every two weeks. The 9/80 workday begins at 0800 and ends at 1730 with one (1) thirty (30) minute unpaid meal period.

When a day-off falls on a holiday, the day -off will be taken the day before the holiday if the holiday falls on a Tuesday through Friday. If the holiday falls on a Monday, the day after the holiday will be the employee’s day-off.

When an eight (8) -hour holiday falls on a n employee’s nine (9)-hour regular day -off, the employee must use one (1) hour of CTO or vacation time to make up the additional hour.

Trading days-off will be allowed when approved by the Fire Marshal. Minimum staffing will be determined by the Fire Marshal.

Vacation, sick leave and compensatory time- off will be taken in accordance with the employee’s regularly-scheduled hours for a given day.

Each employee shall select, according to seniority within class, a specific day within the two (2) -week period as their assigned day -off. For the purpose of seniority, the time served within the rank of Fire Inspector (I & II) and time served within the rank of Fire 447

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Captain will be considered equivalent.

4/10 Schedule

At the discretion of the Fire Chief, FPSD personnel may work a 4/10 schedule, which consists of four ten-hour days of work per week. All requirements associated with the 9/80 schedule outlined above, also apply to employees on a 4/10 schedule, except as follows:

• The workday for employees working a 4/10 schedule shall begin at 0800 and end at 1830 with one (1) thirty (30) minute unpaid meal period.

• When an eight (8) hour holiday falls on a ten (10) hour regular day-off, the employee must use two (2) hours of CTO or vacation time to make up the difference.

11. ON-CALL FIRE INVESTIGATOR ELIGIBILITY AND COMPENSATION

11.A. Eligibility

Fire Prevention Services Division (FPSD) personnel are eligible for On-Call Fire Investigator duties upon successful completion of all of the following:

1. Completion of the following courses (with certificate):

a. California State Fire Marshal Fire Investigator 1A, Basic Fire Investigation b. California State Fire Marshal Fire Investigator 1B, Evidence & Documentation c. California State Fire Marshal Fire Investigator 1C, Preparation for Legal Proceedings
d. California POST PC 832, Arrest and Firearms

2. Participation in a minimum of six fire investigations under the supervision of someone already qualified as a fire investigator. A fire inspector called back for these supervised investigations after their regular working hours shall receive a minimum of three (3) hours pay at one and one half (1 ½) rate as described in Article 7.2F of this MOU.

In addition, to be eligible for On-Call Fire Investigator duties, a Fire Inspector I must have completed their initial probation period.

Once the Fire Inspector is qualified to be the On-Call Fire Investigator, they shall be placed into the rotation to be the On-Call Fire Investigator consistent with section B below.

11.B. On-Call Fire Investigator Compensation

1. Standby / On-Call Pay: Fire Investigation callback after regular working hours will be as follows:
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One (1) Fire Investigator shall be designated as Standby/ “On Call” per day (24 hours) for the purpose of conducting a fire scene investigation after regular working hours.

The On-Call Fire Investigator shall be available by cell phone communication outside regular working hours and must be able to respond to the fire scene within sixty (60) minutes of cell phone contact . When notified by Fire Dispatch for the need of an investigator, On -Call personnel must notify Fire Dispatch as soon as possible, and no later than ten (10) minutes , of their expected arrival time and respond to the fire scene immediately.

Investigators assigned to On- Call duty shall be paid an additional 2 hours at straight time per day On-Call.

If an investigator is not available for duty during any portion of their twenty -four (24) hour On-Call shift, the Fire Investigator must notify the Fire Marshal and will forfeit the two (2) hours of On -Call pay for the twenty -four (24) hour shift for which they were unavailable for emergency response. In such cases, the Fire Marshal will designate a replacement On-Call Inspector for that day, who will receive two (2) hours of On-Call pay.

2. While “On Call,” an investigator who is called back for an investigation shall be paid at time and one half (1.5 ) for hours worked in response to the callback.

Investigators who are not “On Call,” and are called back for an investigation shall receive a minimum of three (3) hours pay at time and one half (1.5 ), as described in Article 7.2(F) of this MOU.

12. ATTENDANCE

Employees covered under this Agreement shall be in- attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. The Fire Department shall keep daily attendance records of employees which shall be reported on the payrolls. Absence without leave may be cause for disciplinary action.

Absence without leave, for three consecutive days shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known.

If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.

If the employee or an authorized representative of the employee contacts the City within 30 calendar days of the date of resignation requesting reinstatement, the City will, on a case by case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee. This provision in no way limits the discretion of the City to 449

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discipline an employee for his or her absence without leave.

13. LEAVES OF ABSENCE

For purposes of this Article, when referred to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.

13.A. The following shall be considered as normal types of leaves of absence.

Leave of Absence Without Pay Compensation Leave
Leave of Absence With Pay Vacation Leave
Sick Leave Military Leave
Family Sick Leave Parental Leave
Bereavement Leave

13.B. Leave of Absence Without Pay

One Year: Upon an employee's request, the City Manager shall have the authority to grant a leave of absence without pay for a period not to exceed one (1) year.

Over Three Days: No employee shall be granted a leave of absence without pay for a period in excess of three (3) days for 40- hour per week employees or three duty days (for 56-hour employees) unless:

1. they make a written request of the Department Head, stating the reason(s),

2. the Department Head recommends it,

3. the Director of Human Resources recommends favorable action by the City Manager, and

4. the City Manager approves it.

Less Than Three Days: A request for a leave of absence without pay for a period of three days or less (40- hour employees), three duty days or less (56- hour employees) may be granted to an employee by the Department Head.

Failure on the part of the bargaining unit members to report promptly at the expiration of their leave may be considered as cause for disciplinary action or discharge.

13.C. Leave of Absence With Pay

The City Manager, upon the recommendation of the Fire Chief and the Director of Human Resources, shall have the authority to grant leave of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of 450

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more than two calendar weeks, it shall require specific City Council approval.

13.D. Sick Leave

1. Each employee shall accrue sick leave credits at the rate of eight (8) hours a month for 40- hour per week employees and 12 hours a month for 56- hour per week employees, per month of service beginning 30 calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate.

Sick leave may be used in increments of 6 minutes or more.

All employees in the Classified Service shall be entitled to sick leave as specified in the preceding paragraph except the following:

a. Employees who work on an intermittent or part -time basis and who have worked less than half-time in the preceding calendar year.

b. Employees who work on a seasonal basis or employees other than regular employees who work on a limited- term appointment, including but not limited to relieving another employee on sick leave or injury leave.

2. Family Sick Leave : A bargaining unit member may use sick leave for illness or injury to a member(s) of their family as provided by law . For purposes of this section, family member is defined as child, parent (or parent-in-law), spouse or domestic partner , grandparent, grandchild, sibling, or designated person. Such usage of sick leave shall be within the amounts specified in Section 13.D.

3. Sick Leave Use: Sick leave properly may be used as provided by law. Example proper sick leave uses include illness, injury, medical care, dental care, diagnosis, employee assistance therapy and medical therapy.

4. Doctor’s Certificate of Disability : A doctor's certificate of disability must be furnished on the request of the City Manager, the Department Head, or their designee. But in any event, a doctor's release to return to work shall be mandatory after seven consecutive calendar days of sick leave.

5. Payment for Unused Sick Leave: Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty -five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference no later than January 15 each year. When an employee elects to receive payment in cash or vacation time, their sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee's credit. To be eligible for this 451

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provision, an employee must have been a full -time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.

Any bargaining unit member who retires from City service shall be entitled to receive pay for 60% of their accumulated sick leave at the effective date of their retirement.

The spouse or registered domestic partner of any employee who dies due to a work-related illness shall receive pay for 50% of the accumulated sick leave of the deceased employee.

13.E. Bereavement Leave

Employees shall be eligible for bereavement leave under the provisions specified below. Use of leave under this article runs concurrently with leave under Administrative Policy 313.

1. Upon the death of an employee’s “family member” as that term is defined in this section, the employee shall have a right to take up to five days of bereavement leave. The days of bereavement leave need not be consecutive. The bereavement leave shall be completed within three months of the date of the death of the family member. ”F amily member” means spouse, parent, children, sibling, aunt, uncle, grandparent, grandchildren, father -in-law, mother -in-law, sister-in-law, brother -in-law, domestic partner , the children of the domestic partner, and the parents and siblings of the domestic partner, and minors living with the employee as a member of the family.

2. For 40-hour employees, up to four workdays of bereavement leave shall be paid.

For 56- hour employees, up to two 24- hour work shifts shall be paid. The remainder of the five days of bereavement leave shall be unpaid, except that an employee may use vacation, compensatory time off, or sick leave that is otherwise available to the employee.

3. One (1) day of paid bereavement leave is available to attend services for relatives not meeting the above definition of " family member." These would include nieces, nephews, and cousins.

4. Absence to attend burial services for persons other than family members or relatives as defined above, shall be taken either as compensatory time off, in no- pay status, or as vacation in amounts needed.

13.F. Parental Leave

In the event of the birth or adoption of a child, parental leave is available as follows:

1. The birthing parent shall be granted a leave of absence without pay for a period 452

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up to four (4) months. An additional two (2) months shall be granted with appropriate medical documentation.

During this leave, the City will continue to pay the premium for the employee’s medical plan and long-term disability plan, subject to policy rules and regulations.

2. All other new parents (i.e., non- birth parents or adoptive parents) shall be granted thirty (30) days' leave without pay commencing one week prior to the birth or adoption of a child, during which time the City will continue to pay the premium for the employee's medical plan.

3. All parents granted a leave of absence as described above, shall receive four weeks of paid leave for 40- hour per week employees as part of their parental leave. Fifty-six hour per week employees shall receive eight (8) twenty-four (24) hour shifts.

13.G. Family and Medical Care Leave

The City provides family and medical care leave pursuant to State and Federal law.

For reference, the City Policy addressing family and medical care leave (current as of the effective date of this MOU) is attached to this MOU as Attachment B.

14. VACATION

14.A. Each regular full -time employee shall be eligible for vacation leave as described in the following sections. The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed.

The only employees who are not covered by this section are: employees who work on an intermittent basis, and who have worked less than half -time in the preceding calendar year; employees who work on a part -time basis, and who have worked less than half -time in the preceding calendar year; and employees who work on a seasonal basis, or employees, other than regular employees, who work only on a limited-term appointment, including but not limited to replacing another employee on sick leave, injury leave, or maternity leave.

14.B. Each employee working on a full-time basis shall accrue vacation at the rates specified below beginning with the date of original appointment. Vacation accrual shall be based on seniority. The accrual rate shall be as follows:

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YEARS OF SERVICE 56 HR. EMPLOYEES 40 HR. EMPLOYEES

0-5 Years: 6 Shifts 12 Days
5+ - 20 Years: 9 Shifts 18 Days
20+ - 25 Years: 12 Shifts 24 Days
25+ Years: 13 Shifts 26 Days

Vacation Reserve: No employee in the bargaining unit shall accumulate more than the equivalent of two times their annual vacation accrual plus 112 hours. At any time during the year when t wo times the vacation accrual plus 112 hours are accrued, the employee will cease earning vacation until the employee has utilized vacation and their balance has fallen below their maximum accrual. Each time the maximum accrual is reached, the employee shall stop accruing additional vacation.

There will be no exceptions or waivers of the vacation accrual limit. The Department shall schedule vacation off, on or before an employee reached their vacation accrual maximum.

An employee on 4850 leave may accrue up to one additional year of vacation accrual, for a maximum of three times their annual vacation accrual plus 112 hours.

Upon return to work from 4850 leave, for a period of time not to exceed six months :
1) the employee’s vacation accrual maximum will be three times their annual vacation accrual plus 112 hours and 2) employee may accrue additional vacation over that cap during that six month period of time. After that six -month period, the employee shall cease to earn additional vacation if they are above the two annual vacation periods plus 112 hours limitation.

14.C. Limitations on Vacation Leave

No employee shall take more than the equivalent of one annual vacation period in any one calendar year, except when vacation has been deferred at the request or order of the department head and approved by the City Manager in the best interests of the City government and the employee.

Each employee working full-time in a regularly established, continuing position in the Classified Service normally must have served one year continuously in order to be eligible for vacation leave. When unusual needs exist and after proper formal approval has been obtained, an employee, after six months of continuous service, may be permitted to take accumulated vacation.

14.D. Vacation which has been deferred at the request or order of the department head and approved by the City Manager is excluded from the preceding provisions of this section. Requests for deferring vacation must be presented to the City Manager before October 30 of any calendar year.

14.E. Generally, vacation shall be used in increments of not less than two (2) consecutive duty shifts. However, an employee may use vacation leave in lesser amounts when 454

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authorized to do so in writing by the Fire Chief. Such lesser amounts shall not be less than one-half shift increments.

14.F. Effects of Holidays Upon Vacation Leave: (This language is applicable to non- fire suppression personnel working a 40- hour work week only). In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave and vacation leave shall be extended accordingly.

14.G Times At Which Vacation Leave Shall Be Taken

The times at which an employee shall take their vacation leave during the calendar year shall be determined by the Fire Chief or their designee, with due regard for the wishes of the employee and particular regard for the needs of the service.

However, the Fire Chief must ensure that each employee uses his or her vacation leave within the calendar year unless that employee requests and obtains postponement.

14.H. Effects of Extended Military Leave Upon Vacation Leave

For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.

14.I. Compensation for Deferred or Other Unused Vacation Leave

If an employee is terminated from employment, or is granted an extended military leave, such employee or their estate shall be paid for all unused vacation.

14.J. Vacation Amounts at Termination of Active Employment

Following termination of active employment for whatever cause, the City government shall pay to the employee or to the estate such vacation as was due to the employee at termination. Payment by the City government to the employee or the estate shall be in one payment at approximately the time of termination of active employment.

14.K. For the purpose of calculating sick and vacation accruals for part -time personnel, any time compensated as sick leave or vacation shall be considered as time worked. Less than full-time employees will advance to higher levels of leave accrual rates when their cumulative time worked, during years that qualify for the accrual of leave benefits, equals the time required for full-time employees to advance to higher accrual rates.

14.L. Rate At Which Vacation Leave Shall Accrue for Other Than Full-Time Employees

Each employee working on an intermittent or part -time basis and who has worked 50% or more of the annually scheduled working hours in the preceding calendar year without a termination of employment shall be entitled to a prorated vacation 455

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leave based upon their date of employment, upon the number of calendar years in which service has been rendered, and upon the actual amount of time worked in the preceding calendar years.

15. MILITARY LEAVE

15.A. Military leave shall be granted in accordance with the provisions of California State law. All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. If the employee applies to the Public Employee Retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City paid salary while on extended active duty, for a period up to twelve months.

15.B. No person shall be appointed permanently to a position from which another is on military leave, provided that nothing contained in this section shall prevent an employee originally appointed to a military leave vacancy from obtaining a permanent appointment to another position in the same class in the event a vacancy shall occur through death, retirement, resignation, promotion, demotion, transfer or other action not related to military leave.

15.C. When an employee is called for and serves an involuntary extended duty period beyond the normal two week obligation in the military, the City will pay the difference between the employee's extended active duty pay and their base pay for a period of up to 12 months. This will only occur when the employee's City pay is higher that the employee's military pay.

16. LEAVE FOR JURY DUTY

A City employee ordered to jury duty during the employee's regularly scheduled work hours has a right to full pay during actual jury service. The following shall apply:

16.A. All City employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.

16.B. City employees shall properly inform the officials who control jury duty of such unusual factor in their City jobs, including workload, as the jury officials might judge to be adequate ground for deferral of or excuse from jury duty.

16.C. Such jury leave may be based upon, but is not limited to coroner, municipal court, county superior court and federal jury duty.

16.D. Employees shall pay immediately to the City Government such amounts of money as they receive as a per diem, but shall be entitled to keep such mileage payment as are made to them.
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16.E. Each Department Head must properly notify jury officials when jury service by a subordinate would seriously impair the operation of the department.

16.F. Each employee shall expeditiously report their probable absence for jury duty, and must immediately report the termination of active jury service.

16.G. If an employee is ordered to report to jury duty before 10:00 am on a day immediately following an on- duty shift, the employee may request to have the night shift off (i.e. will be released from work at 5:30 pm) on the evening immediately preceding the requirement to report to jury duty. In order for the employee to be eligible to have the night shift off, the employee must have confirmed the requirement to report to jury duty. This means that the employee must call the court and have been ordered to report to jury day on the day immediately following the request to have the night shift off.

17. CERTAIN COURT APPEARANCES

17.A. Employees occasionally are required, by subpoena or otherwise, to be present at court proceedings in connection with their City employment. Such court appearances shall be in full duty status. Employees are entitled, through normal administrative procedures, to payment by the City government for out of pocket expenses.

17.B. Employees required, by subpoena or otherwise, to be present in court not in connection with their City employment shall make court appearances either in no pay status or on vacation time.

18. HEALTH BENEFITS

18.A. Medical Plans

The City shall contract with the California Public Employees Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond Safety Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the rules promulgated by PERS. Unless prohibited by PERS or by law, the medical plan coverage described herein shall apply to persons retired.

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The City shall pay $20.00 per month to PERS on behalf of each active employee participating in a health plan. In the event PERS requires a minimum employer payment in excess of $20.00 per month, the City shall pay the additional amount.

The City shall pay $2.00 per month on behalf of each eligible retired employee or eligible survivor of a retired employee who subscribes with PERS for coverage.

This amount on behalf of retirees or their eligible survivors shall be increased annually, at the minimum rate required by PERS.

18.B. Active Employees Benefit Account

In addition to the contributions listed above, the City shall establish a Benefits Account for each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City. All such employees shall receive monthly contributions from the City into their benefit account. That amount, coupled with the $20 described in 18 .A. shall not exceed the amount of premium for the Kaiser North Rate for the applicable level of coverage.

Contributions shall be made based on single coverage, one dependent, and more than one dependent costs. Where permitted by the plan provider, dependent coverage shall include the employee’s Registered Domestic Partner and the qualified dependent children of an employee’s Registered Domestic Partner. Should the premium for the Kaiser North Rate change during the life of this contract, the City shall change the dollar amount to be paid toward this benefit by the same amount as the premium change. The above premium limit will become effective July 1, 2006.

Employees covered by a plan more expensive than the above referenced second highest plan shall pay the difference between the City's contribution and the plan's premium after January 2001.

The City shall not treat the City contributions of $20.00 or the Employee Benefit Account as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any Federal, State or local tax liability or penalty that may arise out of the implementation of this section.

18.C. Active Employee Medical Contribution

Employees in Local 188 classifications contribute $125 per month for active employee medical benefits.

18.D. Retiree Medical

When a retiree or dependents becomes eligible for Medicare benefits, the monthly payments shall be reduced. The retiree medical reimbursement cannot be used for fees imposed by Medicare.

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The City will provide retiree medical premiums based on the following chart, and not to exceed 100% of the second highest cost plan premium or the actual cost of the retiree's medical plan:

Years of Service Percent of Premium*

27 years or more 100%

15 - 26 years 90%

*Percentage of the second highest cost plan for single, double, or more than two dependents coverage.

Retirees eligible for 100%, and covered by a plan more expensive than the second highest cost plan shall pay the difference between the City's contribution and the plan's premium. Retirees eligible for 90%, shall pay the difference between the City's contribution and the actual premium.

Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.

To be eligible for the benefits of this section, the retirees must retire (1) on or after August 1, 1988, and (2) retire within 120 days of separation from the City payroll, and (3) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (4) be at least 35 years of age with a minimum of 15 years City service.

The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in the PERS medical program. If in the case of Medicare eligible, the retiree changes the number of dependents, the amount shall be reduced accordingly.

If a retiree qualifying for the benefits above is survived by a spouse who qualified as an annuitant (i.e. is continuing to receive a pension from the City), said surviving spouse shall receive all the benefits described above and is subject to the same administrative procedures.

18.E. OPEB (Retiree Medical) Contribution

Employees in Local 188 classifications contribute $400 per month toward other post-employment benefits (OPEB).

18.F. Hepatitis B Immunizations

For those classes covered by this memorandum of understanding, Hepatitis B 459

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immunizations and any follow -up treatment required to keep immunizations current, will be provided at City cost.

18.G. Cafeteria Option:

Employees who provide proof of alternative minimum essential health coverage (such as coverage provided by their spouse or domestic partner’s employer), the U.S. Military, or another group coverage) will be eligible to receive compensation for opting out of the City’s health care coverage in the amount of $200 ($150 if not eligible for dependent coverage) per month, subject to the below conditions . This option is available upon initial employment and at the annual insurance benefits "open enrollment” period. In the event alternative coverage is lost, the City will allow reinstatement within 30 days of the loss of coverage date to the City's health plan as described in the preceding paragraphs. Bargaining unit members receiving the $200 credit in lieu of benefits may apply the credit towards the IRS Section 125 Flexible Benefits Plan described in paragraph J below, or receive the $200 as a taxable addition to their salary. The eligible opt -out arrangement conditions that must be satisfied in order for an employee to receive compensation for opting out of the City’s health care coverage are as follows:

1. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);

2. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies;

3. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period. Reasonable evidence may include an attestation by the employee;

4. The employee must provide the evidence/attestation every plan year;

5. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and

6. The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s tax family does not have alternative minimum essential coverage.

18.H. Dental Plan

The City shall contribute the full premium towards group dental plan benefits for employees and dependents including two thousand ($2,000) lifetime maximum for orthodontics and adult orthodontics coverage. Where permitted by the plan 460

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provider, “dependents” shall include the employee’s Registered Domestic Partner and qualified dependent children of the employee’s Registered Domestic Partner.

The maximum dental benefits (except for orthodontics) is one thousand five hundred dollars ($1,500) per year for the life of this MOU.

18.I. Vision Plan

The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months. Where permitted by the plan provider, “dependents” shall include the employee’s Registered Domestic Partner and qualified dependent children of the employee’s Registered Domestic Partner.

18.J. Flexible Benefits Plan

The City has established a Flexible Benefits Plan under the provisions of IRS Section 125, subject to any changes in Federal law or regulations that may occur.

The Flexible Benefits Plan is available to all bargaining unit employees.

Employees may use their own funds on a tax -free basis to participate in the Flexible Benefits Plan. Employees eligible for the credit in lieu of medical insurance may apply those funds towards the Flexible Benefits Plan.

Options available through the Plan are:

1. Medical Premiums

2. Dependent Care

3. Health Care Reimbursement

Any funds applied to options 1-3 would be tax-free.

19. LIFE INSURANCE AND LONG-TERM DISABILITY

19.A. The City shall provide a $50,000, group life insurance program for regular full -time classified employees in this bargaining unit.

19.B. The City shall pay the premium for a Long -Term Disability program provided by the California Association of Professional Firefighters $29.50 Safety Group Plan.

20. RETIREMENT PLAN

20.A. Effective January 1, 2005, the City stop ped contributing any portion of the employee’s share of CalPERS retirement cost and cease d reporting the value of “EPMC” as special compensation. Employees now pay the full amount of their required PERS contribution pursuant to Internal Revenue Code Section 414 (h) (2). 461

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20.B. The retirement formula for bargaining unit members designated as “classic” (as defined by CalPERS) is 3%@55. C lassic members began paying a 12% employee contribution on September 1, 2015 , pursuant to Gov. Code 20516. The retirement formula for bargaining unit members designated as “PEPRA,” which means members covered by the Public Employees’ Pension Reform Act, is 2.7% at 57.

PEPRA requires that PEPRA members contribute 50% of the “Total Normal Cost,” which is a percentage set by CalPERS that may change from year to year as determined by CalPERS.

20.C. Members of the bargaining unit may apply for military service credit directly to PERS.

20.D. Members of the bargaining unit upon retirement may have their sick leave balance credited towards years of service.

21. OCCUPATIONAL HEALTH, SAFETY, AND WELLNESS PROGRAMS

21.A. Safety Training

Mandatory safety training will be conducted for all staff, targeted to specific classifications and positions.

21.B. Stress Reduction

The City will make stress reduction programs available to all employees.

22. LAYOFFS AND EFFECTS

22.A. Order of Layoffs

The order of layoffs of employees with permanent appointments in the class shall be in the reverse order of total cumulative time served within that class upon the established date for the layoff to become effective. In the event two or more individuals were appointed to rank on the same day, total cumulative City time shall be used to determine lay -off. If total cumulative City time is identical, the deadlock will be broken by a coin toss. Representatives of the Union and management will conduct the toss.

No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated.

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22.B. Bumping

Employees laid off as in "A." above, will "bump" to the next lower classification that they have held in a permanent status, provided that the amount of time the employee has served in the Fire Department exceeds the amount of time served of at least one other employee in that classification.

22.C. Severance Pay

A permanent employee, engaged in fire suppression, who is laid off due to reduction in force, as outlined in the Personnel Rules, shall be entitled to severance pay in the amount of three shifts (pro- rated if part time) of unused sick leave for each year of continuous service up to a maximum of 15 shift's pay. Employees covered by this agreement and working a 40- hour week shall be entitled to severance pay in the amount of six days (pro -rated if part time) of unused sick leave for each year of continuous service up to a maximum of 30 day's pay. Any such employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those work days during which the individual was not in an employment status. Reinstatement from lay off is contingent on the employee first repaying any severance pay he/she is not entitled to. The City will maintain its regular level of contributions towards health and life insurance benefits for one month for any permanent employee who is laid off.

23. RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD

23.A. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least fourteen (14) days notice before leaving the service, a written resignation stating the effective date and reason(s) for resigning.

If an employee fails to provide such notice and later seeks reinstatement, the employee's failure to provide notice may result in a refusal of reinstatement. The resignation shall be forwarded to the Director of Human Resources with a statement by the Fire Chief or designee evaluating the services of the employee.

23.B. During the probationary period, any probationary employee may be released at any time by the Fire Chief or designee. Confirming past practice, the parties acknowledge that release from probationary employment is not subject to the grievance procedure.

24. NEPOTISM POLICY

24.A. For purposes of this Article, immediate family members include husband, wife, parents, children, brothers, sisters, aunts, uncles, grandparents, grandchildren, father-in-law, mother-in-law, sister-in-law, brother-in-law, the employee’s Registered Domestic Partner, the children of an employee’s Registered Domestic Partner, and 463

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the parents and siblings of an employee’s Registered Domestic Partner.

24.B. The Fire Chief has the responsibility and discretion to address claims raised by employees concerning the effect on safety, efficiency and/or morale of members of immediate families:

1. being in direct or indirect supervisory relations over each other, or

2. reporting to the same supervisor.

During the term of this MOU, the Fire Chief will attempt to resolve any such issues through mechanisms such as changes in shift or assignment, without financial hardship to the employees involved.

25. PROBATIONARY PERIOD

25.A. The probationary period is a basic part of the employee selection process, and shall be used for: (1) close observation of the employee's work and conduct, (2) securing the most effective adjustment of a new employee to their position, and (3) rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness and development which are required.

25.B. All appointments made from eligible lists of permanent positions shall be tentative and subject to a probationary period. Based on the recommendation of the Fire Chief, and with the approval of the Director of Human Resources and the City Manager, continuous temporary service prior to appointment from an appropriate eligible list may be counted as part of the probationary period provided that the temporary service was in the same class and the same position to which the probationary appointment is made. Such probationary period shall be six months for employees who have been promoted from one position to another in the Fire Department and eighteen months for all initial appointments (including time spent as a Firefighter Trainee) . The Fire Chief may request, and with the approval of the Director of Human Resources and the City Manager, that a probationer be granted their permanent status in less than eighteen months.

25.C. Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which he/she was appointed, unless charges are filed, and he/she is discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.

25.D. Effect of Leaves of Absence On Probationary Period

The probationary period of a given employee shall be extended by the time equal to the time she/he has been on leave of absence, other than vacation, or holiday leave during this probationary period.

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26. PROBATIONARY PERFORMANCE REPORTS

26.A. It shall be the duty of the Fire Chief during the probationary period of each employee in the Department to investigate thoroughly the probationer's adjustment, performance and general acceptability to determine whether or not the probationer is fully qualified for permanent appointment. He/she shall be responsible for reports on the probationer's performance and conduct at the completion of every three calendar months during the probationary period, and within ten days of the end of the probationary period, or more frequently if deemed desirable by the Fire Chief or their designee. Such reports will be reviewed with the probationary employee by the rater. The probationary employee shall receive a copy of each report.

26.B. The final probationary report on each probationary employee shall include the Fire Chief's recommendation to the City Manager either to retain or reject the probationer. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.

27. PERFORMANCE EVALUATIONS

The City proposes that the Parties continue the current performance evaluation process without change with the recognition that performance evaluations are not subject to challenge via the grievance procedure.

28. HOLIDAYS

28.A. Bargaining unit members working a forty -hour week shall be allowed a fully paid leave of absence (8 hours) on the following named holidays:

New Year's Day January 1
Martin Luther King's Birthday Third Monday in January President’s Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday Following
Christmas Day December 25
Day before Christmas or New Year’s Day

When a holiday falls on Sunday, the Monday following shall be considered as a 465

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holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday.

In addition to those holidays listed above, eligible employees shall be:

1. Granted one paid "floating holiday" per calendar year which may be taken at any time during the calendar year subject to the approval of the department head.

Said holiday must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year, and

2. Granted two (2) hours additional "floating holiday" time per calendar year, to be administered as in paragraph "1" above.

28.B. Firefighters working a fifty-six (56) hour week shall be compensated each pay period for holiday pay in equal amounts based on the following: fifteen (15) holidays times twelve (12) hours per holiday, divided by 24 pay periods..

The rate at which a fifty-six (56) hour employee is compensated for holiday pay shall be calculated on the employe’s base wage plus any applicable bilingual, longevity, and/or education incentive. The rate paid for 56-hour holiday pay has been in effect since at least January 1, 2021.

The fifteen (15) holidays consist of the fourteen (14) municipal holidays listed in section 28.A. and the day before Christmas.

29. DAILY STAFFING

The City agrees to constant staffing for seven (7) engine companies and one (1) ladder truck company. Each company shall be staffed with a minimum of three (3) Local 188 positions, consisting of one (1) Captain, one (1) Engineer, and one (1) Firefighter.

The City and Local 188 agree that if unforeseen events (i.e. injuries, unplanned long term absences, etc., above the projected norms) occur, the parties will meet to discuss what, if any, changes may be made to the staffing model outlined above.

30. EXERCISE EQUIPMENT

The City will repair exercise equipment owned by the City and located in City fire stations.

31. DRUG AND ALCOHOL ABUSE TESTING

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December 1994, in the event that a member shows evidence of being under the influence of drugs or alcohol on the job.

32. MEETING REGARDING ADVANCED LIFE SUPPORT (ALS) PROGRAM

The City and Local 188 agree to meet on April 14, 2026, to discuss mutually relevant issues regarding the forthcoming establishment of the Richmond Fire Department’s Advanced Life Support (ALS) Program. The purpose of the meeting will be to identify issues that may be subject to meeting and conferring and to try to set a working schedule to meet and confer on such issues that will not delay the City’s roll out of the program.

33. FULL AGREEMENT/ZIPPER CLAUSE

This Agreement constitutes the full agreement between the parties regarding wages, hours, and terms and conditions of employment for bargaining unit members. This Agreement supersedes any and all other prior memoranda of understanding or side letters between the parties. During the term of this Agreement, the City shall not be required to negotiate over any Union proposal on any matter covered by this Agreement, and the Union shall not be required to negotiate over any of the provisions of this Agreement, except as required by this Agreement or any addendum thereto or as mutually agreed to by the City and the Union.

The City shall retain the right to propose and implement policies and programs and the Union shall retain the right to propose policies and programs, which do not conflict with the provisions of this Agreement, in accordance with the Meyers-Milias-Brown Act.

34. TERM

This Agreement shall be effective from July 1, 2025, through June 30, 2028.

For I.A.F.F. Local 188: For City of Richmond:

Ken Martin Lisa Charbonneau
Chief Negotiator Chief Negotiator

Marcus Faumui LaShonda White
President Deputy City Manager

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Carolyn Conry Nickie Mastay
Business Agent Deputy City Manager

Kelly Griffin Sharrone Taylor
Bargaining Team Member Director of Human Resources

Emily Combs
Director of Finance

Catherine Selkirk
Human Resources Manager

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Attachment A – Salary Schedule

Effective July 1, 2025 (5% increase)

Classification Monthly Salary*
Step 1 Step 2 Step 3 Step 4 Step 5
Firefighter
Trainee $6,390
Firefighter $9,963 $10,449 $10,958 $11,521 $12,072
Fire
Engineer $11,653 $12,229 $12,852
Fire
Captain $13,401 $14,063 $14,780
Fire Inspector
I $13,401 $14,063 $14,780
Fire Inspector
II $14,405 $15,118 $15,888
Deputy Fire
Marshal $15,853 $16,646 $17,478

*Monthly salary is displayed as rounded figures and is therefore approximate.

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ATTACHMENT B
Current City Administrative Policy 315 “Family, Medical, and Pregnancy Leave” Last revised April 2, 2025

I. Purpose

To define the City of Richmond’s policy and procedure with regard to family, medical, military caregiver, and pregnancy disability leave in accordance with State and Federal laws including Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and pregnancy disability leave provisions of the California Fair Employment and Housing Act (FEHA).

II. Definitions

CFRA: The California Family Rights Act. The California- specific law that provides certain employees with up to twelve (12) weeks of unpaid, job-protected leave per year.

Child:

1. Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day -to-day responsibility for care, and includes a biological, adopted, foster or step- child. A child is “incapable of self -care” if they require active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self -care. An employee’s child means a biological, adopted, foster, step- child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

Covered Active Duty: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

Covered Service Member: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 470

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(2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

Designated Person: means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

Domestic Partner: is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.

Family member: (1) for FMLA leave means an employee’s child, parent, and spouse; (2) for CFRA leave means an employee’s child, parent, parent -in-law, spouse, domestic partner, grandchild, grandparent, and sibling.

FMLA: The Family and Medical Leave Act. The federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.

Grandchild: means a child of the employee’s child.

Grandparent: means a parent of the employee’s parent.

Health Care Provider: means any of the following:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;

2. An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;

3. A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x -ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;

4. A nurse practitioner or nurse- midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;

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5. A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

Military Caregiver Leave: Leave related to a seriously injured or ill servicemember or veteran under the FMLA/CFRA.

Next of Kin of a Covered Service Member: means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

Outpatient Status: means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent: means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.

Parent-in-law: means the parent of a spouse or domestic partner of the employee.

PDL: Pregnancy Disability Leave. California protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.

Qualifying Exigency: Leave related to the deployment of a military member under FMLA/CFRA.

Serious Health Condition: means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or

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2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and

b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:

i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or

ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.

3. Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.

4. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;

b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and

c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.

5. A period of incapacity that is permanent or long- term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.

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6. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

Serious Injury or Illness: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

Sibling: means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

Spouse: means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.

Single Rolling 12- Month Period: means a rolling 12- month period measured backward from the date leave is taken and continuous with each additional leave day taken. Also known as the rolling backward method, each time an employee takes FMLA leave, the remaining leave entitlement is any balance of the 12 weeks which has not been used during the previous 12-Month Period.

III. Policy

The City provides family and medical care leave (including military caregiver and pregnancy disability leave) for eligible employees as required by federal and state law.

Employees who misuse or abuse these leaves may be disciplined, up to and including termination. Employees who fraudulently obtain or use CFRA/FMLA/PDL are not protected by those laws’ job restoration or maintenance of health benefits provisions.

IV. Eligibility and Entitlement

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A. Family and Medical Leave

Eligible employees are entitled to an unpaid FMLA/CFRA leave of absence of up to twelve (12) work weeks in a single rolling 12-month period, for one (1) or more of the following reasons:

1. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;

2. The birth of the employee’s child or to care for the employee’s newborn;

3. The placement of a child with an employee in connection with the adoption or foster care of a child. Foster care must be by a formal agreement between the foster parent and the State, County, or licensed foster care placement agency;

4. Leave to care for a child, parent, or spouse who has a serious health condition;
a. CFRA expands this leave to permit to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;

5. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation;
a. CFRA expands this leave to employee’s domestic partner who is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

An employee is eligible for FMLA/CFRA leave if the employee has been employed by the City for at least twelve (12) months; and the employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

B. Military Caregiver Leave

Military caregiver leave is covered by FMLA. Eligible employees who are the spouse, son, daughter, parent, or “next of kin” of a covered service member of the U.S. Armed Forces shall be entitled to a combined total of twenty -six (26) weeks of unpaid leave to care for the servicemember who has a serious injury or illness: incurred in the line of duty while on active military duty; or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to twenty-six (26) weeks of unpaid leave during a single 12- month period. If FMLA 475

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leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

The first twelve (12) weeks may run concurrently with CFRA if the family member is covered under both CFRA and FMLA.

C. Pregnancy Disability Leave

All employees, regardless of the length of service, are entitled to take an unpaid Pregnancy Disability Leave (PDL) of up to four (4) months during the period of time that their health care provider determines they are actually disabled by pregnancy, childbirth or a related medical condition. PDL may be taken before and after birth during any period of time the employee is physically unable to work because of the pregnancy or pregnancy -related condition. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor - ordered bed rest, gestational diabetes, pregnancy -induced hypertension, preeclampsia, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.

PDL may be used up to the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on 37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.

PDL may be taken consecutively or intermittently. All leave taken in connection with a specific pregnancy counts toward computing the four-month period. PDL may be modified as an employee’s changing medical condition dictates.

[An employee affected by pregnancy, childbirth, or related medical condition may request a reasonable accommodation (for example, an adjustment or change to the work environment). Refer to AP 316 for information on reasonable accommodations.]

D. Child Bonding

While PDL provides protected leave to eligible employees disabled by pregnancy, the CFRA separately provides protected leave to eligible employees to bond with a new child. CFRA provides eligible employees up to twelve (12) weeks within one (1) year of the child’s birth, adoption, or start of foster care for child bonding. Both parents are entitled to bonding leave.

If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
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1. The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and

2. Each married parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.

As outlined in the applicable Memorandum of Understanding, all full-time employees granted a leave of absence as described above, shall receive four (4) weeks of paid parental leave.

Intermittent Leave or Reduced Leave Schedule

If an employee requests to use leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.

V. Minimum Duration of Leave

A. Birth, Adoption, Foster care Placement of Child: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child.

In addition, the basic minimum duration of such leave is two (2) weeks.

However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.

B. Serious Health Condition: If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.

VI. Compensation and Use of Concurrent Paid and Other Leaves

Leave under FMLA, CFRA, and PDL are unpaid. In addition to any paid leaves provided under an applicable Memorandum of Understanding, employees must use all paid accrued leaves concurrently with family and medical care leaves as described below.

A. Use of Accrued Paid Leave
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To remain in paid status, an employee who has been granted leave under this policy must concurrently use and exhaust all available and accrued paid leave in the following order:

• Employee’s own serious health condition: First sick leave, then vacation leave, then any and all other accrued paid time off.

• Serious health condition of a family member: Employee may elect to use sick leave. If an employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave.

• Birth of a child, to care for the newborn child, and/or for placement with the employee of a son or daughter for adoption or foster care: First vacation leave, then any and all other accrued paid time off other than sick leave.

Thereafter, the employee may elect to use sick leave.

• Qualifying Exigency: Vacation leave, then any and all other accrued paid time off other than sick leave.

• Caring for a covered service member: Employee may elect to use sick leave.

If employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave.

• Pregnancy Disability: First sick leave must be used and exhausted.

Thereafter, the employee may elect to use vacation leave or any other accrued paid time off.

Exception: Employees are not required to use accrued paid time off during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit.

Any leave used under this policy, where paid leave is also concurrently used, shall count toward the cap on leave entitlements.

If an employee requests to utilize accrued vacation leave or accrued paid time off without reference to a FMLA/CFRA/PDL qualifying purpose, the City may not ask the employee if the leave is for a qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA/PDL qualifying purpose, the City may require the employee to exhaust accrued leave as described above.

B. Paid vs. Unpaid Leave

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An employee on paid leave will continue to accrue sick leave and vacation leave at their normal rate. An employee on unpaid leave will not accrue leave.

C. Concurrent Leaves

Unless otherwise provided by law, if an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave.

Military: FMLA leave taken due to a qualifying exigency will not run concurrently with leave under the CFRA. However, military caregiver leave taken to care for a family member or next of kin who is a covered service member will run concurrently with leave under the CFRA, unless the covered service member is a next of kin that is not considered a family member under the CFRA.

Pregnancy: FMLA will run concurrently with PDL. CFRA will not run concurrently with PDL.

Temporary Disability: A leave of absence taken pursuant to Workers' Compensation Law or a temporary disability benefit plan (State Disability Insurance or other) shall also be counted, to the extent that such leave of absence qualifies, as family and medical leave or pregnancy disability leave under this policy and related law. FMLA leave does not run concurrent with leave taken for peace officers and firefighters under Labor Code Section 4850.

VII. Benefits While on Leave

Whether the employee uses accruals to remain in paid status or is on unpaid leave pursuant to the leaves in this policy, the City will continue to provide any group health insurance coverage that was provided to the employee before the leave, under the same terms and conditions as if the employee continued actively working during the period for up to twelve (12) weeks for FMLA/CFRA leave (up to 26 weeks for military caregiver leave).

If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain their coverage while they are disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on

37.5 hour per week times 17 1/3 weeks. An employee who works less than full- time will receive a pro rata or proportional amount of leave. 479

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The employee will continue to be responsible for the employee share of medical coverage, if applicable. Failure to do so may result in loss of coverage. The City will cease to maintain the employee’s health coverage if an employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease. The employee is responsible for all health care coverage costs for absences or time away from work exceeding the leave entitlements of this policy.

While on unpaid leave pursuant to this policy, employees will continue to be covered by the City’s benefits plans that are not part of its group health plan (e.g., life, short-term, or long-term disability insurance, retirement and pension plans) for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job.

If the employee fails to return to work after their leave entitlement has been exhausted or expires, the City will have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, reoccurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.

Seniority: An employee retains employee status during any leave, herein, and is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employe benefit plan. An employee’s hire date and service date will not be adjusted as a result of leave authorized pursuant to this policy. The review date for performance and step/merit increases shall be subject to adjustment based on the applicable Memorandum of Understanding.

Union Dues: The employee is responsible for maintaining dues to the applicable employee association, if required.

VIII. Procedure for Requesting/Granting Leave

A. Notification

An employee is responsible to request family, medical, or pregnancy disability leave.

Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their 480

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supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

If thirty (30) days’ advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practicable.

B. Application and Certification

An employee requesting leave must complete a Request for Leave Application and return it to Human Resources at least thirty (30) days before the leave begins, when possible. In the case of an unforeseen event or incapacitation, notification must be made by the employee or the employee's authorized representative to Human Resources as soon as the need arises and no later than two (2) business days after leave has commenced.

The Human Resources Department will send an eligibility notice to the employee within five (5) working days of receipt of the employee's request for family, medical, or pregnancy disability leave or within (5) working days of acquiring knowledge of the need for such leave. Once the eligibility notice is received. the employee must submit proper medical certification to the Human Resources Department before the leave begins in the case of a foreseeable event. In the case of an unforeseeable event, proper medical certification as described below must be submitted to Human Resources within fifteen (15) calendar days of receipt of eligibility notice. Failure of the employee to provide timely or incomplete medical certification may defer or even disqualify requests for FMLA leave.

Birth of a Child or Placement with Employee for Adoption or Foster Care: An application for leave for the birth, adoption, or foster care placement of a child must be accompanied by a birth certificate or other appropriate documentation.

Employee’s Own Serious Health Condition: An application for leave based on an employee’s own serious health condition must be accompanied by a Medical Certification Form completed by the applicable health care provider containing all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition; and

3. A statement that the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position due to the condition.

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Upon expiration of the time period the health care provider originally estimated that he employee needed for their own serious health condition, the employee must obtain recertification if additional leave is request.

Family Member Serious Health Condition: An application for leave based on the need to care for a family member (as defined) who has a serious health condition must be accompanied by a written certification from the health care provider of the family member requiring care that contains all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition;

3. An estimated amount of time that the health care provider believes the employee needs to care for the family member; and

4. A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the family member.

Upon expiration of the period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

Service Member Serious Injury or Illness: An application for FMLA leave to care for a covered service member who is a child, spouse, parent, or “next of kin” of the employee must be accompanied by written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the employee must provide their immediate supervisor with military orders, or other appropriate documentation issued by the military that indicates that the military member is on covered active duty or call to active-duty status in a foreign country, and the dates of the military member’s active-duty status. A copy of the new active-duty orders or similar documentation will be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

Pregnancy Disability: An application for leave due to pregnancy disability must be accompanied by written certification from the attending physician stating:

1. The employee is disabled from working by pregnancy, childbirth, or a related medical condition;

2. The date when the employee became disable by pregnancy, childbirth, or related medical condition; and

3. The estimated duration or end date of the leave.

All medical information provided by the employee shall be maintained in a confidential manner by Human Resources and disclosed only to the extent necessary to process the request for leave and in conformance with law.

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An employee must sufficiently explain the purpose of the leave so that Human Resources can determine whether it qualifies as family or medical leave or pregnancy disability leave. This explanation is necessary even if accrued paid leave (e.g. vacation or sick leave) shall be used concurrently with the otherwise unpaid leave under this policy. If necessary, any leave already taken may be retroactively designated as family and medical leave, pregnancy disability leave, or military caregiver leave. Human Resources shall process the leave request in consultation with the employee's supervisor and, if necessary, with the Department Head. Employees who take intermittent leave should make a reasonable effort to schedule such treatment to minimize disruption to the workplace.

IX. Director of Human Resources’ Review of an Employee’s Medical Certification for Employee’s Own Serious Health Condition

An employee must provide a medical certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or nonresponsive. If the certification is incomplete or insufficient, the Director of Human Resources or designee will give the employee written notice of the deficiencies and seven (7) days to cure, unless a longer period is necessary considering the employee’s diligent, good faith efforts to address the deficiencies.

After giving the employee an opportunity to cure any deficiencies, the Director of Human Resources or designee may contact the health care provider who provided the certification to clarify or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the provider who signed the form. “Clarification” means contacting the provider to understand the handwriting on the certification or to understand the meaning of the response. The Director of Human Resources or designee may not ask for additional information beyond that which is required on the certification form.

If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee. 483

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X. Return to Work and Reinstatement

A. Periodic Reporting: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

B. Release: Upon completion of leave due to the employee’s own serious health condition or because of pregnancy disability, the employee must provide the City with a written notice from the health care provider releasing the employee to return to work. Failure to provide such certification will result in denial of reinstatement.

C. Return to Work: An employee on leave is expected to return to work on the next workday following the last day of the approved leave period.

D. Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date they return to work. If the return-to-work date differs from the original agreement, or if no agreement was made, the City must reinstate the employee within two (2) business days of being given notice that the employee intends to return, or as soon as reasonably possible thereafter to expedite the employee’s return to work.

E. Reinstatement to Same or Equivalent Position: Upon return, the employee will be reinstated to their original position, so long as it was not eliminated for a legitimate business reason during the employee’s leave. If the employee’s original position is no longer available, the employee will be assigned to an equivalent, open position with equivalent benefits and pay.

Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/PDL period.

F. Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

G. Disability: If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation that will allow the employee to perform the essential functions of their job, in accordance with policy. 484

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XI. Additional Leave

Employees who desire leave over and beyond family, medical, military caregiver, and pregnancy disability leave as defined in this policy may request leave of absence with pay using accrued leave, or leave of absence without pay, in accordance with the applicable Memorandum of Understanding.

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MEMORANDUM OF UNDERSTANDING
CITY OF RICHMOND AND LOCAL 188
INDEX

Acting Pay ............................................................................................................... 15 Active Employee Benefit Account .......................................................................... 32 Advanced Skills Incentive ...................................................................................... 18 Attendance .............................................................................................................. 23

Bereavement Leave ................................................................................................ 24 Binding Arbitration ..................................................................................................... 7 Binding Arbitration-Time Limits ................................................................................. 8 Bilingual Pay ........................................................................................................... 15 Bumping –Layoffs ................................................................................................... 37

Cafeteria Option ...................................................................................................... 34 City Rights ................................................................................................................ 6 Court Appearances ................................................................................................. 31

Demotion ................................................................................................................ 11 Dental Plan ............................................................................................................. 34 Departmental Rights ................................................................................................. 6 Doctors Certification of Disability ............................................................................ 25 Drug and Alcohol Abuse Testing............................................................................. 40 Duty Cycle .............................................................................................................. 20 Duty Days ............................................................................................................... 20 Duty Shift ................................................................................................................ 20

Employee Rights ....................................................................................................... 4 Education Incentive ................................................................................................. 19 Exercise Equipment ................................................................................................ 40

Family and Medical Care Leave.............................................................................. 27 Family Sick Leave ................................................................................................... 25 Fire Inspectors/Investigators ................................................................................... 21 Flexible Benefits Plan ............................................................................................. 35 Floating Holiday ...................................................................................................... 40 Full Agreement........................................................................................................ 41

Grievance-Definition ................................................................................................ 6 Grievance-General Provisions .................................................................................. 9 Grievance Procedure ................................................................................................ 7 Grievance-Time Limits .............................................................................................. 7

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Health Benefits........................................................................................................ 31 Holidays .................................................................................................................. 39 Hours ...................................................................................................................... 20

Indirect Pay Allowances .......................................................................................... 15 Inspectors Schedule ............................................................................................... 21 Investigators Schedule ............................................................................................ 23

Jury Duty Leave ...................................................................................................... 30

Layoff ...................................................................................................................... 36 Layoff-Bumping ....................................................................................................... 37 Layoff-Order ............................................................................................................ 36 Leaves of Absence ................................................................................................. 24 Leaves of Absence Without Pay ............................................................................. 24 Leaves of Absence With Pay .................................................................................. 24 Life Insurance ........................................................................................................ 35 Long Term Disability Insurance .............................................................................. 35 Longevity Pay ......................................................................................................... 18

Medical Plans ......................................................................................................... 31 Military Leave .......................................................................................................... 30

Nepotism Policy ...................................................................................................... 37 No Discrimination ...................................................................................................... 4 No Strike ................................................................................................................... 6

Occupational Health, Safety & Wellness Programs ................................................ 36 Overtime ................................................................................................................. 11 Overtime-Definitions ............................................................................................... 11 Overtime-Procedures .............................................................................................. 13 Overtime-Rate of Compensation............................................................................. 12

Parental Leave ........................................................................................................ 26 Part-Time Employment ........................................................................................... 13 Payment for Unused Sick Leave ............................................................................. 25 Performance Evaluations ........................................................................................ 39 Probationary Performance Reports ......................................................................... 39 Probationary Period ................................................................................................ 38 Promotion-Effect Upon Rate of Compensation ....................................................... 11

Recognition ............................................................................................................... 3 Release During Probation ....................................................................................... 37 Release Time ............................................................................................................ 4 Resignation ............................................................................................................. 37 Retiree Medical ....................................................................................................... 32 487

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Retirement Plan ...................................................................................................... 35

Safety Training ........................................................................................................ 36 Salaries ................................................................................................................... 10 Salary-Advancements and Promotions ................................................................... 10 Salary Changes ...................................................................................................... 10 Salary Designations ................................................................................................ 10 Salary-Effects of Certain Personnel Actions ........................................................... 10 Salary-Effect of Leave Without Pay Upon Salary Adv ............................................. 11 Salary-Eligibility for Salary Advancement ............................................................... 11 Salary Schedule ...................................................................................................... 43 Severance Pay........................................................................................................ 37 Shift Holdovers........................................................................................................ 13 Sick Leave .............................................................................................................. 25 Stress Reduction..................................................................................................... 36 Supplemental Pay ................................................................................................... 18

Term of Contract ..................................................................................................... 41

Uniform Allowance .................................................................................................. 18 Union Dues ............................................................................................................... 3

Vacation .................................................................................................................. 27 Vacation Leave Limitations ..................................................................................... 28 Vision Plan .............................................................................................................. 35

Workers Compensation .......................................................................................... 13

Zipper Clause ......................................................................................................... 41

488

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March 17, 2026

City Manager's Office

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
LaShonda White, Deputy City Manager - Community
Services
Patrick Seals, Administrative Chief
Gabino Arredondo, Project Manager
Subject:

Request for Proposals (RFP) to Update Policies and
Procedures and Develop City-wide Standard Operating
Procedures (SOPs)
FINANCIAL IMPACT: There is no immediate fiscal impact. Issuance of the Request for Proposal (RFP) does not obligate the City to award a contract. Any contract award(s) resulting from
this RFP will be brought to the City Council for approval and will identify the total not-to-exceed compensation and funding source(s).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s departmental Policies and Procedures and
Standard Operating Procedures (SOPs) require a
comprehensive review and modernization to ensure
alignment with current operational practices, legal
requirements, risk management standards, and the City
Council’s policy priorities. City staff seeks City Council authorization to issue a Request for Proposals (RFP) to retain qualified professional services to assess, develop, standardize, and support implementation of updated
SOPs across City departments.

AGENDA
REPORT
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RECOMMENDED ACTION:

AUTHORIZE the city manager, or their designee, to issue a Request for Proposals (RFP) to update and develop
policies and procedures and City-wide standard
operating procedures (SOPs) – City Manager’s Office
(Patrick Seals/Shasa Curl 510-620-6512).

DISCUSSION:

The City’s Policies and Procedures and Standard Operating Procedures (SOPs) provide an operational framework that supports consistent service delivery, regulatory compliance, and sound governance across all departments. While existing policies have guided operations effectively, a comprehensive review and update will ensure alignment with current federal and state laws, industry best practices, organizational structures, and the City Council’s priorities. Modernizing these documents will improve clarity, strengthen internal controls, and promote transparency and accountability in City operations.

The proposed Request for Proposals (RFP) will solicit qualified consultants with demonstrated municipal experience to conduct a comprehensive assessment of existing policies, workflows, and operational practices.

The selected consultant will:
 Identify gaps, inconsistencies, redundancies, and areas of risk, and develop standardized, user-friendly SOP templates
 Facilitate cross-departmental engagement, including frontline and managerial staff  Draft and finalize SOPs, create complementary process maps, and prepare a high- level implementation and communication plan to support effective rollout  Provide training and technical assistance to ensure successful adoption and long- term sustainability of updated SOPs

The RFP establishes a structured scope of services with clearly defined tasks and deliverables, along with a formal evaluation framework utilizing a 100-point scoring scale. Proposals will be evaluated based on:
 Methodology
 Staffing and experience
 Cost
 Overall Quality and Completeness

The RFP also incorporates all applicable City contracting requirements, including insurance, business licensing, nondiscrimination provisions, and Sanctuary City compliance requirements.

A coordinated, City-wide update will reduce redundancies, improve efficiency, and support staff in delivering services in a consistent and legally compliant manner. Moving forward with an RFP process will position the City to implement modernized, comprehensive policies that reflect current practices and support effective governance. 490

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City staff therefore recommend that the City Council authorize the City Manager, or their designee, to issue an RFP to advance this initiative.

SYNERGISTIC POLICY:

Strategic Goal Area No. 5: Strengthen the City’s’ Internal Infrastructure

ATTACHMENT(S):

None.
491

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March 17, 2026

Public Works

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Darcie DeLashmutt, Capital Project Manager
Subject:

Contract with Ninyo & Moore for Boorman Park Site
Remediation Oversight
FINANCIAL IMPACT: The proposed $292,700 expenditure is included within the approved fiscal year 2025-2026 General Capital -
Boorman Park Site Remediation Project budget (Account
String: 20136031-400708-23030).

PREVIOUS COUNCIL
ACTION:

June 4, 2024
July 11, 2023
April 16, 2024

STATEMENT OF THE
ISSUE:

The Department of Toxic Substances Control (DTSC)
requires continued environmental oversight, monitoring, and regulatory reporting to complete remediation and
achieve final closure of the Boorman Park Site
Remediation Project. The City’s existing on-call
authorization with Ninyo & Moore, the environmental
consultant of record, does not have sufficient authorized funds remaining to cover the full scope of DTSC-required services through project completion, necessitating City Council approval of a sole source contract.

RECOMMENDED ACTION:

ADOPT a resolution to APPROVE a sole-source contract
with Ninyo & Moore, in an amount not to exceed
$292,700, for environmental oversight, monitoring, and
reporting services for the Boorman Park Site
Remediation Project through regulatory closure - Public AGENDA
REPORT
492

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March 17, 2026

Works Department (Darcie DeLashmutt 510-672-
3944/Robert Armijo 510-620-5477).

DISCUSSION:

Boorman Park, located at 25th Street and Maine Avenue, has a long history of industrial use that resulted in soil contamination requiring remediation under the oversight of the California Department of Toxic Substances Control (DTSC) (Attachment 1). The City has completed 98 percent of the site remediation funded through a combination of State Proposition 68 grant funds and City General Funds, and the project remains subject to DTSC regulatory requirements prior to achieving final closure.

On June 25, 2024, the City entered into a Task Order under its on-call professional services agreement with Ninyo & Moore to provide technical environmental oversight during implementation of the Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park Site Remediation Project (Capital Improvement Project No. 23030). These plans define the cleanup methods, monitoring requirements, confirmation sampling protocols, and documentation necessary to demonstrate compliance with DTSC standard.

The project entered active remediation construction in the Spring 2025, with Ninyo & Moore providing on-site oversight and air/soil monitoring. Site-specific conditions and DTSC direction resulted in an increased duration of oversight, monitoring, sampling, and reporting than originally anticipated under the existing on-call Task Order. As the remediation continued, the level of oversight required by DTSC exceeded the original on-call contract authorization. These additional requirements are necessary to ensure compliance with the approved RAP and RDIP and to support DTSC’s regulatory closure process.

As a result, Ninyo & Moore submitted the proposed contract, dated January 28, 2026, identifying additional services required to complete remediation activities and satisfy DTSC documentation and closure requirements (Attachment 2). The scope of work is a continuation of past services and includes, but is not limited to:

 Construction Administration Phase, which was not in the original contract.  Ongoing field oversight and dust/air monitoring (approx. 35 field days)  Confirmation soil sampling and laboratory analysis of metals, VOCs, SVOCs, TPH, and dioxins/furans
 Preparation of DTSC-required reports:
i. Periodic documentation reports
ii. Remedial Action Completion Report
iii. Operations & Maintenance Plan
iv. Post-Remediation Work Plan for long-term monitoring 493

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March 17, 2026

The City’s existing on-call agreement with Ninyo & Moore does not have sufficient remaining authorized funds to cover the full scope of DTSC-required services through project completion, necessitating City Council approval of a sole source agreement.

Given the advanced stage of remediation and the need for uninterrupted regulatory oversight, City staff evaluated available procurement options and determined that transitioning to a new consultant at this stage would create inefficiencies, delay project completion, and increase the risk of non-compliance. Ninyo & Moore serves as the environmental consultant and engineer of record and possesses unique, site-specific knowledge of the remedial design, historical sampling data, DTSC coordination history, and construction-phase conditions. Because of this specialized expertise and continuity of oversight, Ninyo & Moore is uniquely qualified to continue these services, and approval of a sole-source contract is warranted (Attachment 3).

City staff recommend that City Council adopt a resolution approving a sole source contract with Ninyo & Moore, in an amount not to exceed $292,700.00, to complete the remaining DTSC-required scope of work and achieve regulatory closure for the site (Attachment 4). The services authorized under this contract are required to complete the remediation in compliance with applicable state and federal environmental laws and to ensure long-term protection of public health and safety. Funding for this work is available within the approved Boorman Park Site Remediation Project budget.

DOCUMENTS ATTACHED:

Attachment 1 – Project Location
Attachment 2 – Proposed Contract
Attachment 3 – Sole Source Justification
Attachment 4 – Resolution Approving Sole Source Contract with Ninyo & Moore for Boorman Park Site Remediation Oversight

494

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: 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:

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

FY
total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ Public Works
Carl Capistrano
[email protected]
(510) 620-6896
1147
Sole source contract for emergency repair and maintenance of the City Hall back-up generator transfer switch 7/1/2024
28,800
Contra Costa Electric
825 Howe Road
Martinez, CA 94553
Curt Svendpladsen
(925) 766-4916
[email protected]
40003805
6/30/2025
✔
25/26
25/26
242,700
50,000
Darcie DeLashmutt
Public Works, Engineering
Public Works, Engineering
8598
Geotechnical Services and Environmental Remediation Oversight (510) 672-3944
Ninyo & Moore (a Socotec Company)
1301 Marina Village Parkway, St 110
Alameda, CA 94501
Brian Busch
[email protected]
1 925 708 2775
40039293 Exp. 12/31/26

03/01/2026
03/01/2028
$292,700
496

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.

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. 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:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

City Clerk
(* The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contra Costa Electric
497
Contract No: For the Contract between the City of
Richmond and

EXHIBIT A

Contra Costa Electric
The scope of work consists of a continuation of geotechnical engineering services with Ninyo & Moore (a Socotec Company) to provide technical environmental oversight during implementation of the Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park project.

See following pages for proposed contract and scope of work detail.

Ninyo & Moore (a Socotec Company)
498

NINYO & MOORE, A SOCOTEC COMPANY
1301 Marina Village Parkway, Suite 110, Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com January 28, 2026
Project No. 40379006
Ms. Darcie DeLashmutt
Capital Project Manager
City of Richmond Public Works - Engineering
450 Civic Center Plaza
Richmond, California 94804
Subject: Change Order #05 Request
Boorman Park
25th Street and Maine Avenue
Richmond, California
Dear Ms. DeLashmutt:

Ninyo & Moore appreciates the opportunity to submit this change order request to the City of Richmond Housing Development (City) for work completed from May 10, 2025 to the present date and for work to be performed through project completion that is associated with environmental oversight for the remediation of Boorman Park located at 25 th Street and Maine Avenue in Richmond, California (site). This change order request includes costs for environmental consulting services associated with the environmental cleanup and revitalization of Boorman Park.

REMEDIATION WORK COMPLETED FROM MAY 10, 2025 TO PROJECT

COMPLETION
This change order request includes costs for work completed by Ninyo & Moore during remediation of Boorman Park from May 10, 2025 to the present date, and an estimate of costs for project completion, which is anticipated to occur in spring of 2026. The tasks described below were and will be performed in accordance with Department of Toxic Substances Control (DTSC) requirements as specified in Ninyo & Moore’s Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP). Ninyo & Moore’s scope is to provide technical environmental oversight for the remediation project, including assisting the remediation contractor with planning and coordination, providing oversight during implementation of the RAP and RDIP, and completing subsequent DTSC-required reporting to document completion of remediation activities and long-term management of the site.
499

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 2 Project Management, Agency and Client Meetings, and Project Support Ninyo & Moore conducted and will continue to conduct ongoing interactions with the DTSC, the City, and the remediation and construction contractors to provide project support and general project management. The following general services were and will be performed under this task:
 Preparation for and attendance at client, remediation contractor, and/or regulatory meetings with the DTSC; and
 Project management and general environmental-related coordination and/or support tasks, including, but not limited to, interactions with the project civil, remediation, and construction contractors, budget management support, response to directives from the DTSC, environmental advisory, etc.

Task Cost: $5,000
Remediation Oversight
Ninyo & Moore has provided and will continue to provide at least one field staff on site for each day that soil disturbance activities are performed. Ninyo & Moore staff has been/will be on site for a total of approximately 35 days of soil disturbance activities for approximately 10 hours each day.

Ninyo & Moore has and will provide oversight to ensure the remediation scope of work is conducted in accordance with the RAP and RDIP, assist the remediation contractor, perform dust monitoring activities, and collect confirmation soil samples.

Subtask: Dust Monitoring
Ninyo & Moore has performed and will continue to perform air monitoring during soil disturbance activities to monitor for fugitive dust that may be generated. Air monitoring activities have been and will continue to be conducted in accordance with the Community Air Monitoring Plan (CAMP) presented as Appendix J in the RDIP . Air monitoring has consisted and will consist of placing dust monitors and air sampling cassettes upwind, downwind, and in the vicinity of soil disturbance activities to monitor dust levels and airborne levels of chemicals of potential concern (COPCs), primarily lead and arsenic. A total of approximately 35 days of air monitoring have been and will be performed and a total of approximately 136 air samples have been/will be collected. Air samples have and will be collected on

0.8 micrometer (µm) three tiered cassettes from each air monitoring station.

Air samples have been and will be analyzed for the following:
 Lead and arsenic by Flame AAS (NIOSH 7082).
500

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 3 Samples have been and will be submitted each day on a 3-day turn-around time (TAT).

Subtask: Confirmation Soil Sampling
Ninyo & Moore has collected and will collect confirmation soil samples from excavations once they have been completed to their prescribed depths and in accordance with the RDIP .

Confirmation soil samples have been and will be collected from the excavation floor and sidewalls. Excavation floor samples have been and will be collected by dividing the site into 49 sampling grids, 43 of which are approximately 2,500 square feet (sf) (50 feet by 50 feet).

The remaining six grids are polygonal and vary in size. One discrete bottom soil sample has been and will be collected from the excavation floor at the center of each grid. If the grid area is greater than 2,500 sf, an additional excavation floor sample has been and will be collected.

Excavation sidewall samples have been and will be collected every 25 linear feet of horizontal sidewall and every 1.5 feet of vertical sidewall. A total of approximately 27 confirmation soil samples have been and will be collected.

Confirmation soil samples have been and will be analyzed for the following:
 Title 22 Metals by United States Environmental Protection Agency (EPA) Method 6010/7471;
 Total petroleum hydrocarbons (TPH) as gasoline (TPHg) and volatile organic compounds (VOCs) by EPA Method 8260B;
 TPH as diesel (TPHd) and motor oil (TPHmo) by EPA Method 8015M;  Semi-volatile organic compounds (SVOCs) by EPA Method 8270SIM; and,  Dioxins and Furans by EPA Method 8290A.

Samples have been and will be submitted on a standard five- to seven-day TAT.

Task Cost: $217,000.

Remediation Reporting
To satisfy DTSC reporting requirements during performance of air monitoring activities, and to document the remediation scope of work, Ninyo & Moore has prepared and will prepare the following reports for review and approval by DTSC.
501

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 4 Documentation and Periodic Reports
Documentation and Periodic reports consist of summary reports that present air monitoring and meteorological data (wind speed and direction, e.g.) and results. These reports include a summary of the 15- minute running average air monitoring results for each air monitoring location and instrument and the 15-minute block average meteorological data, as well as tables showing the results of direct-reading instruments and laboratory results from air sampling with a statistical analysis of the correlation between these results. Ninyo & Moore prepares and submits these reports to DTSC on a weekly basis. Reports must be completed and submitted to DTSC within two business days of the monitoring period being reported.

Based on a weekly submittal frequency, Ninyo & Moore anticipates preparing and submitting a total of 14 Documentation and Periodic reports.

Estimated Documentation and Periodic Report Cost: $21,000 Remedial Action Completion Report
A Remedial Action Completion Report (RACR) documenting all activities conducted pursuant to the approved RAP, and certifying that all activities have been conducted consistent with the RAP , will be prepared and submitted to DTSC for review and approval. The RACR will summarize and present data collected during the remedial actions, including:
 A detailed summary of the remedial actions completed.  A summary of air and dust monitoring activities including tabulated air and dust monitoring field forms, analytical data, and all meteorological data, locations of air monitoring stations for each day, and a wind rose chart of wind speed and direction.  Copies of any laboratory analytical reports and chain-of-custody records for confirmation soil samples.
 Summary tables of any waste manifests and supporting waste disposal information.  Photographic documentation of the field work.

A draft of the RACR will be provided to the City and DTSC for review and comment, prior to final submittal of the RACR.

Estimated Remedial Action Completion Report Cost: $24,600 502

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 5 Operations and Maintenance Plan
An Operations and Maintenance Plan (O&M Plan) will be prepared to provide guidance for the long-term maintenance and monitoring of the Site’s cap to ensure it remains protective of future Site users. The O&M Plan will include, but not be limited to, information for the following:
 A summary of existing conditions;
 Exposure routes;
 Remediation goals;
 Personnel roles and responsibilities;
 A description of the cap and institutional controls;
 An inspection checklist and schedule;
 Emergency response procedures;
 Intrusive work activities reporting and record keeping requirements;  General reporting and record keeping requirements; and  Protocols for cap maintenance within and below the cap.

The O&M Plan will also contain a figure with the locations and depths of COC concentrations remaining in place below the cap, and appendices containing as built plans, repair work procedures, and annual and five-year review report checklists and report outlines. The O&M Plan will be submitted to DTSC for approval.

Estimated Operation and Maintenance Plan Cost: $10,100
Estimated Reporting Task Cost: $55,700
Post-Remediation Work Plan Preparation
In accordance with the DTSC-approved RAP , Ninyo & Moore will prepare a Post-Remediation Sampling Work Plan (Work Plan) that will propose the collection of soil vapor, soil, and potentially groundwater samples to further investigate potential impacts to offsite receptors. The Work Plan will describe soil vapor probe installation methods and locations, soil boring locations, soil vapor and soil sampling methodologies, sample analytical methods, and will include figures with proposed soil vapor probe and boring locations. A draft Work Plan will be submitted to the DTSC for review.
503

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 6 Estimated Post-Remediation Work Plan Preparation Cost: $10,000 Geotechnical Evaluation
In accordance with your request, Ninyo & Moore performed geotechnical sampling and evaluation of the imported fill material. Based on our correspondence with a representative from Mack5, we understand that there is a concern regarding the permeability of the imported fill. A representative from Ninyo & Moore performed two infiltration tests on the fill material on December 31, 2025, using the Double Ring Infiltrometer method. Additionally, a representative from Ninyo & Moore collected two bulk samples on January 11, 2026 and submitted the samples to Cooper Testing Labs to perform a proctor density test per ASTM D1557 and laboratory permeability test per ASTM D5084 Method C. The results will be provided in a summary report once laboratory testing is completed.

Estimated Geotechnical Evaluation Cost: $5,000

SUMMARY OF ESTIMATED FEES
A summary of the requested change order amount is presented below.

Summary of Fees for Change Order 05 Request
Project Management, Agency and Client Meetings, and Project Support $ 5,000 Remediation Oversight $ 217,000
Remediation Reporting $ 55,700
Post-Remediation Work Plan Preparation $ 10,000
Geotechnical Evaluation $ 5,000
Total Change Order Request Amount $ 292,700
Ninyo & Moore’s services for the completed and anticipated work detailed above will be provided on a time and materials basis for a cost of $292,700 . The work will be conducted in accordance with the terms included in the Work Authorization and Agreement Form signed on June 25, 2024.

If the scope and cost of this change order is acceptable, please sign below and return a copy to us, or forward us the appropriate contract notification as written authorization to proceed. 504

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 7 We appreciate the opportunity to submit this change order request and look forward to continuing to work with you on this project.

Respectfully submitted,

NINYO & MOORE
Luke Swickard
Project Manager
Brian Busch
Principal Environmental Scientist
LIS/BEB/rk
By signing below, I authorize the change order request submitted by Ninyo & Moore for the work described herein.

Printed Name of Client or Authorized Agent
Signature of Client or Authorized Agent Date
505
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.

Ninyo & Moore (a Socotec Company)
Darcie DeLashmutt
Darcie DeLashmutt
506
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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: ________________________________________________ Ninyo & Moore (a Socotec Company)
Ninyo & Moore (a Socotec Company)
Darcie DeLashmutt
[email protected]
1301 Marina Village Parkway, St 110
Antioch, CA
[email protected]
Brian Busch
507
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:

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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, Ninyo & Moore (a Socotec Company)
508
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.

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:

Ninyo & Moore (a Socotec Company)
509
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

9. TERMINATION:

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 Ninyo & Moore (a Socotec Company)
510
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

13. SAFETY:

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:

2.52, 2.56, and 2.60, if applicable.

Ninyo & Moore (a Socotec Company)
513
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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

16. INTEGRATED CONTRACT:

17. CONFLICTING PROVISIONS:

18. FORCE MAJEURE:

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Ninyo & Moore (a Socotec Company)
514
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

21. INTERPRETATION:

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

22. WARRANTY:

23. SEVERABILITY:

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, Ninyo & Moore (a Socotec Company)
515
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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.

Ninyo & Moore (a Socotec Company)
516
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS

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

Ninyo & Moore (a Socotec Company)
NONE
517
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

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

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

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
Ninyo & Moore (a Socotec Company)
518
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Ninyo & Moore (a Socotec Company)
519
___ 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.

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

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

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.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
520
___ 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.

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
.

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.

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.

521
___ 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.

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.

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.

522
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

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

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."

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:

Ninyo & Moore (a Socotec Company)
523
Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: __________ Address:
_______________________________________________________________________ City:
_________________________ State: ___ __________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Du
ration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions. (i f additional space is needed, include them in a separate page) Ninyo & Moore (a Socotec Company)
Luke Swickard
25th Street and Maine Avenue
Richmond
California
94804
530
219 3575
[email protected]
2 years
292,700
20136031-400708-23030
X
N/A
N/A
The scope of work consists of a continuation of geotechnical engineering services with Ninyo & Moore (a Socotec Company) to provide technical environmental oversight during implementation of the Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park project.

The Department of Toxic Substances Control (DTSC) requires continued environmental oversight, monitoring, and regulatory reporting to complete remediation and achieve final closure of the Boorman Park Site Remediation Project. The City’s existing on-call authorization with Ninyo & Moore, the environmental consultant and geotechnical engineer of record, does not have sufficient remaining capacity to cover the full scope of DTSC-required services through project completion, necessitating City Council approval of a sole source agreement. 524
2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

Ninyo & Moore (a Socotec Company) is currently providing geotechnical services for the project. A separate agreement is required for them to continue providing these services, since the existing On-Call agreement does not have sufficient funds. It is practical and cost-effective to execute a new agreement allowing Ninyo & Moore (a Socotec Company) to complete the services required to ensure timely project completion.
525
3 | Page

I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________

--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)

Finance Director:

APPROVED: ____________________ DATE: ___/___/___

NOT APPROVED: ________________ COMMENTS:

____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)

Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

Public Works
Darcie DeLashmutt, Capital Project Manager
2/16/2026
(510) 620-6955
2/17/26
Daniel Chavarria
526

450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6594 ▪ Fax: (510) 307-8195 ▪ www.ci.richmond.ca.us Engineering Services Division

PUBLIC WORKS DEPARTMENT

Date: November 5, 2025

TO: Finance Department, Purchasing

FROM: Darcie DeLashmutt

SUBJECT: 23030 Boorman Park Site Remediation
On Call Geotechnical Services – Ninyo & Moore

On June 25, 2024, the City entered into a Task Order under the on-call agreement with Ninyo & Moore to provide technical environmental oversight during implementation of the Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park Site Remediation Project (Capital Improvement Project # 23030). These plans outline required cleanup methods, verification testing, and reporting necessary for DTSC.

The project entered active remediation construction in the Spring 2025, with Ninyo & Moore providing on-site oversight and air/soil monitoring. As the remediation continued, the level of oversight required by DTSC exceeded the original on-call contract authorization. Ninyo & Moore services include the following scope of work:
• Ongoing field oversight and dust/air monitoring
• Confirmation soil sampling and laboratory analysis of metals, VOCs, SVOCs, TPH, and dioxins/furans
• Preparation of DTSC-required reports:
i. Periodic documentation reports
ii. Remedial Action Completion Report
iii. Operations & Maintenance Plan
iv. Post-Remediation Work Plan for long-term monitoring

They were selected to continue providing these services based on the following criteria:

1. Ninyo & Moore is the geotechnical consultant already working on the project.

2. They are familiar with the history, evolution, and complex nuances the project is navigating to remove toxic soils from the site. This is a critical task that requires expert knowledge.

3. In addition, they are integrated into the entire project team and have been the main point of contact with agencies including DTSC.

4. They have experience with similar park projects in the City of Richmond.

5. Ninyo & Moore has availability to complete the work within the time required. 527

NINYO & MOORE, A SOCOTEC COMPANY
1301 Marina Village Parkway, Suite 110, Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com

January 28, 2026
Project No. 40379006
Ms. Darcie DeLashmutt
Capital Project Manager
City of Richmond Public Works - Engineering
450 Civic Center Plaza
Richmond, California 94804
Subject: Change Order #05 Request
Boorman Park
25th Street and Maine Avenue
Richmond, California
Dear Ms. DeLashmutt:

Ninyo & Moore appreciates the opportunity to submit this change order request to the City of Richmond Housing Development (City) for work completed from May 10, 2025 to the present date and for work to be performed through project completion that is associated with environmental oversight for the remediation of Boorman Park located at 25th Street and Maine Avenue in Richmond, California (site). This change order request includes costs for environmental consulting services associated with the environmental cleanup and revitalization of Boorman Park.

REMEDIATION WORK COMPLETED FROM MAY 10, 2025 TO PROJECT

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 2

Project Management, Agency and Client Meetings, and Project Support Ninyo & Moore conducted and will continue to conduct ongoing interactions with the DTSC, the City, and the remediation and construction contractors to provide project support and general project management. The following general services were and will be performed under this task:
 Preparation for and attendance at client, remediation contractor, and/or regulatory meetings with the DTSC; and
 Project management and general environmental-related coordination and/or support tasks, including, but not limited to, interactions with the project civil, remediation, and construction contractors, budget management support, response to directives from the DTSC, environmental advisory, etc.

0.8 micrometer (µm) three tiered cassettes from each air monitoring station.

Air samples have been and will be analyzed for the following:
 Lead and arsenic by Flame AAS (NIOSH 7082).
529

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 3

Samples have been and will be submitted each day on a 3-day turn-around time (TAT).

Samples have been and will be submitted on a standard five- to seven-day TAT.

Task Cost: $217,000.

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 4

Documentation and Periodic Reports
Documentation and Periodic reports consist of summary reports that present air monitoring and meteorological data (wind speed and direction, e.g.) and results. These reports include a summary of the 15- minute running average air monitoring results for each air monitoring location and instrument and the 15-minute block average meteorological data, as well as tables showing the results of direct-reading instruments and laboratory results from air sampling with a statistical analysis of the correlation between these results. Ninyo & Moore prepares and submits these reports to DTSC on a weekly basis. Reports must be completed and submitted to DTSC within two business days of the monitoring period being reported.

Based on a weekly submittal frequency, Ninyo & Moore anticipates preparing and submitting a total of 14 Documentation and Periodic reports.

A draft of the RACR will be provided to the City and DTSC for review and comment, prior to final submittal of the RACR.

Estimated Remedial Action Completion Report Cost: $24,600 531

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 5

Operations and Maintenance Plan
An Operations and Maintenance Plan (O&M Plan) will be prepared to provide guidance for the long-term maintenance and monitoring of the Site’s cap to ensure it remains protective of future Site users. The O&M Plan will include, but not be limited to, information for the following:
 A summary of existing conditions;
 Exposure routes;
 Remediation goals;
 Personnel roles and responsibilities;
 A description of the cap and institutional controls;
 An inspection checklist and schedule;
 Emergency response procedures;
 Intrusive work activities reporting and record keeping requirements;  General r eporting and record keeping requirements; and  Protocols for cap maintenance within and below the cap.

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 6

Estimated Post-Remediation Work Plan Preparation Cost: $10,000 Geotechnical Evaluation
In accordance with your request, Ninyo & Moore performed geotechnical sampling and evaluation of the imported fill material. Based on our correspondence with a representative from Mack5, we understand that there is a concern regarding the permeability of the imported fill. A representative from Ninyo & Moore performed two infiltration tests on the fill material on December 31, 2025, using the Double Ring Infiltrometer method. Additionally, a representative from Ninyo & Moore collected two bulk samples on January 11, 2026 and submitted the samples to Cooper Testing Labs to perform a proctor density test per ASTM D1557 and laboratory permeability test per ASTM D5084 Method C. The results will be provided in a summary report once laboratory testing is completed.

Estimated Geotechnical Evaluation Cost: $5,000

SUMMARY OF ESTIMATED FEES
A summary of the requested change order amount is presented below.

Summary of Fees for Change Order 05 Request
Project Management, Agency and Client Meetings, and Project Support $ 5,000 Remediation Oversight $ 217,000
Remediation Reporting $ 55,700
Post-Remediation Work Plan Preparation $ 10,000
Geotechnical Evaluation $ 5,000
Total Change Order Request Amount $ 292,700
Ninyo & Moore’s services for the completed and anticipated work detailed above will be provided on a time and materials basis for a cost of $292,700. The work will be conducted in accordance with the terms included in the Work Authorization and Agreement Form signed on June 25, 2024.

If the scope and cost of this change order is acceptable, please sign below and return a copy to us, or forward us the appropriate contract notification as written authorization to proceed.

533

NINYO & MOORE, A SOCOTEC COMPANY
25th Street and Maine Avenue, Richmond, California | 403790006 | January 28, 2026 7

We appreciate the opportunity to submit this change order request and look forward to continuing to work with you on this project.

Respectfully submitted,

NINYO & MOORE
Luke Swickard
Project Manager
Brian Busch
Principal Environmental Scientist
LIS/BEB/rk

By signing below, I authorize the change order request submitted by Ninyo & Moore for the work described herein.

Printed Name of Client or Authorized Agent

Signature of Client or Authorized Agent Date
534

RESOLUTION NO. xx-25________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A SOLE SOURCE AGREEMENTWITH NINYO & MOORE, A

SOCOTEC COMPANY, FOR ENVIRONMENTAL OVERSIGHT AND REPORTING

SERVICES FOR THE BOORMAN PARK SITE REMEDIATION PROJECT

WHEREAS, the Boorman Park Site Remediation Project, located at 25th Street and Maine Avenue in Richmond, California, is being implemented under the regulatory oversight of the California Department of Toxic Substances Control (DTSC) to address soil contamination resulting from historic industrial activities; and
WHEREAS, the City of Richmond has entered into an on-call professional services agreement with Ninyo & Moore to provide environmental consulting, testing, and oversight services in support of City projects; and
WHEREAS, on June 25, 2024, the City authorized a Task Order under the on-call agreement for Ninyo & Moore to provide environmental oversight and reporting services during implementation of the DTSC-approved Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park Site Remediation Project; and WHEREAS, as remediation progressed in 2025, DTSC required additional oversight, sampling, and reporting beyond the scope and budget of the existing on-call Task Order, resulting in the need for a sole source agreement to ensure completion of required work; and WHEREAS, Ninyo & Moore has submitted a proposal, dated January 28, 2026, requesting authorization in the amount of $292,700.00 to provide continued environmental oversight, monitoring, sampling, and reporting services through project completion and regulatory closure; and
WHEREAS, Ninyo & Moore, as the engineer and environmental consultant of record, possesses specialized technical knowledge of the site, prior testing results, and DTSC coordination history, and therefore is uniquely qualified to efficiently complete the remaining scope of work; and
WHEREAS, City staff recommends approval of a sole source agreement under City procurement policy due to the technical continuity required and the consultant’s unique qualifications; and
WHEREAS, funding for this sole source agreement is available under the Boorman Park Site Remediation Project (Account No. 20136031-400708-23030), and no additional funding is required; and
535

WHEREAS, approval of this sole source agreement will allow the City to fulfill DTSC requirements and complete the environmental remediation work necessary to ensure the long- term protection of public health and safety.

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

Section 1. The City Council hereby finds that the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

Section 2. The City Council hereby approves a sole source agreement with Ninyo & Moore, A Socotec Company, in an amount not to exceed $292,700.00, to provide continued environmental oversight, monitoring, and reporting services for the Boorman Park Site Remediation Project.

Section 3. The City Council hereby authorizes the Mayor to execute the sole source agreement and any minor administrative modifications necessary to carry out the intent of this Resolution, provided that such modifications do not increase the approved not-to-exceed amount.

Section 4. The City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.

Section 5. This Resolution shall take effect immediately upon its passage and adoption.

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

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held March 17, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
536

Mayor

Approved as to form:

City Attorney
537

Page 1 of 3 ends

Richmond City CouncilMarch 17, 2026

Richmond City Council
March 17, 2026