303
During the reporting period, has your agency granted:
1. STMP Fee Credits to any development? Yes No
2. STMP Fee Waivers/Exemptions to any development? Yes No If yes to either of the above, please respond to the questions on the next page.
If STMP Credits were granted, for each development complete the questions below:
1. What is the name and address of the development project receiving the credit?
2. What was the dollar value of the credit?
3. Which of the 20 STMP Projects was the credit used for?
4. What elements of the STMP project were completed with the credited funds? If Waivers/Exemptions of STMP Fees were granted, for each development, complete the questions below:
1. Were all other local fees waived/exempted for the development project? Yes No
2. Briefly explain why the development project's STMP fee was waived/exempted? Based on 6/30/2019. Revised 6/11/2026
Respond to Different Fee Rates/Credit and Waiver/Exemption Questions here:
304
Reso. No.
RESOLUTION NO. XX-XX
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
ESTABLISHING A MASTER FEE SCHEDULE FOR THE SERVICES RENDERED BY
CITY DEPARTMENTS AND A FEE SCHEDULE THAT WILL IMPLEMENT COST
RECOVERY AND WILL SERVE AS THE BASIS FOR FUTURE FEE ADJUSTMENTS WHEREAS, Section 2.34.040 of the Municipal Code of the City of Richmond provides for the establishment of a Master Fee Schedule for the fees to be charged by the various City departments for City services; and
WHEREAS, the City Council of the City of Richmond desires to enact a Master Fee Schedule which updates the fees assessed by the City departments to reflect the actual cost associated with providing the service, assupported by the analysis prepared by Willdan Financial (incorporated herein by reference); and
WHEREAS, the City Council of the City of Richmond desires to enact a Master Fee Schedule which can be utilized as the basis for the future fee adjustments based on the Employment Cost Index.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that, in accordance with Section 2.34.040 of the Municipal Code of the City of Richmond, there is hereby established a Master Fee Schedule for the City of Richmond.
BE IT FURTHER RESOLVED that the Master Fee Schedule for the City of Richmond which is established by this resolution is attached hereto as Exhibit A and is incorporated herein by this reference.
BE IT FURTHER RESOLVED that all.fees set forth in the Master Fee Schedule shall become effective thirty days after the adoption of this resolution, with the exception of A.B. 1600 Developer impact fees which shall become effective sixty days after the adoption of this resolution.
BE IT FURTHER RESOLVED that if any fee set forth in the Master Fee Schedule is for any reason found to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining fees contained in the Master Fee Schedule.
BE IT FURTHER RESOLVED that the City Council hereby declares that it would have adopted each of the fees individually set forth in the Master Fee Schedule irrespective of the unconstitutionality or invalidity of any particular or specified fee. *****************
305
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 June 23, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
Mayor
Approved as to form:
City Attorney
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June 23, 2026
Mayor's Office
DATE: June 23, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Boards and Commissions Vacancies Report
FINANCIAL IMPACT: There is no financial impact associated with this item.
PREVIOUS COUNCIL
ACTION:
May 26, 2026
STATEMENT OF THE
ISSUE:
Several of Richmond’s boards, commissions and
committees have vacant seats. Residents that are
interested in serving on a board, commission, or
committee are invited to submit their applications to the Richmond City Clerk.
RECOMMENDED ACTION: ACKNOWLEDGE vacancies on City of Richmond Boards, Commissions, and Committees as of June 23,
2026, and ask that interested individuals send
applications to the City Clerk – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).
DISCUSSION:
The City of Richmond enjoys a long history of community involvement. Through a variety of volunteer boards, commissions, and committees, Richmond residents play an AGENDA
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June 23, 2026
important role in advising the Mayor, City Council, and City staff on important public policy issues.
Vacancies on City of Richmond Boards, Commissions, and Committees The mayor is seeking applicants for the following boards, commissions, and committees:
- Arts and Culture Commission
- Community Crisis Response Program Advisory Board
- Design Review Board
- ECIA Grant Review Ad Hoc Committee
- ECIA Transportation Oversight Committee
- Economic Development Commission
- Housing Advisory Commission
- Human Relations Commission
- Macdonald Avenue Corridor Task Force
- Recreation and Parks Commission
- Richmond-Shimada Friendship Commission
- Richmond Youth Council
- Richmond-Zhoushan Friendship Commission
- Urban Forest Advisory Committee
- Workforce Development Board
Residents can learn more details about each board/commission/committee and apply for a vacant seat by contacting the Richmond City Clerk or visiting the Richmond City Clerk’s website: http://www.ci.richmond.ca.us/256/Boards-and-Commissions. *Attachment 1 has been updated and corrected from the May 26, 2026, Council Meeting.
DOCUMENTS ATTACHED:
Attachment 1 – June 2026 Boards, Commissions, and Committees Vacancies_Mayor Appointments_Updated
Attachment 2 – June 2026 Boards, Commissions, and Committees Vacancies_Councilmember and Staff Appointments
308
BOARD/COMMISSION
YEARS PER
TERM
LIMIT OF
CONSECUTIVE
TERMS
# OF SERVING
COMMISSIONERS
# OF
VACANCIES
TOTAL # OF
SEATS
Arts and Culture Commission 4 2 9 6 15
Black Resiliency Project
Community Advisory Committee* 1 N/A 0 1 1
Commission on Aging 4 N/A 12 1 13
Community Crisis Response
Program Advisory Board 3 N/A 9 4 13
Community Police Review
Commission 3 3 9 0 9
Contra Costa County Advisory
Council on Aging - Richmond
seat 2 N/A 1 0 1
Contra Costa Mosquito & Vector
Control Board Contra Costa
County Area Advisory Council on
Aging- Richmond seat 2 - 4 N/A 1 0 1
Design Review Board 2 4 5 2 7
ECIA Grant Review Ad Hoc
Committee 2 N/A 3 2 5
ECIA Transportation Oversight
Committee 3 3 1 4 5
Economic Development
Commission 3 3 8 7 15
Historic Preservation
Commission 4 4 7 0 7
Housing Advisory Commission 2 N/A 2 5 7
Human Relations Commission 3 3 7 2 9
Library Commission 3 2 5 0 5
Macdonald Avenue Corridor Task
Force N/A N/A 6 4 10
Planning Commission 2 4 6 1 7
Richmond Fund Children Youth
Oversight Board** 1 - 2 N/A 3 0 3
Recreation and Parks
Commission 3 3 7 2 9
Richmond Rent Board 2 4 5 0 5
Richmond-Shimada Friendship
Commission 3 3 6 5 11
Richmond Youth Council 1 N/A 10 1 11
Richmond-Zhoushan Friendship
Commission 2 N/A 6 5 11
Urban Forest Advisory
Committee 3 3 8 3 11
Workforce Development Board*** 4 N/A 12 27 39
Updated as of 6/22/26
City of Richmond, Boards, Commissions, and Committees Vacancies June 2026
(Mayor Appointments)
*Black Resiliency Project Community Advisory Committee - Mayor can recommend one member **Richmond Fund Children Youth Oversight Board - Mayor of Richmond shall appoint three City residents as members ***Workforce Development Board - Appointments are considered and approved based on recommendations from the Workforce Development Executive Committee
For more information, visit: www.ci.richmond.ca.us/256/Boards-and-Commissions 309
BOARD/COMMISSION
YEARS PER
TERM
LIMIT OF
CONSECUTIVE
TERMS
# OF SERVING
COMMISSIONERS
# OF
VACANCIES
TOTAL # OF
SEATS
Black Resiliency Project
Community Advisory Committee* 1 N/A 0 10 10
Richmond Fund Children Youth
Oversight Board** 1 - 2 N/A 3 9 12
Updated as of 6/22/26
City of Richmond, Boards, Commissions, and Committees Vacancies June 2026
(Councilmember and Staff Appointments)
*Black Resiliency Project Community Advisory Committee - Each councilmember can recommend one (1) member; and City staff, in collaboration with the Council-appointed Black Resiliency Project Ad Hoc Committee, will recommend two (2) members; the appointed committee will then also appoint two (2) members
**Richmond Fund Children Youth Oversight Board - Each member of the Richmond City Council shall appoint two (2) City residents as members — one over 24 years old, and one who is 15 to 24 years of age For more information, visit: www.ci.richmond.ca.us/256/Boards-and-Commissions 310
June 23, 2026
Mayor's Office
DATE: June 23, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Reappointment of Myrtle Braxton to the Commission on Aging
FINANCIAL IMPACT: There is no financial impact associated with this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Myrtle Braxton is reapplying to serve on the Commission on Aging.
RECOMMENDED ACTION: REAPPOINT Myrtle Braxton to the Commission on Aging to a vacant seat with a new term ending May 19, 2027 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Myrtle Braxton has been a dedicated member and has served on the commission since February 2007. She is an outstanding advocate, highly engaged in the community, and participates in the Laurel Park Neighborhood Council, the National Association for the Advancement of Colored People (NAACP), and the League of Women Voters of West Contra Costa County as well. She enjoys working with and for seniors and we are confident that Myrtle will continue to be impactful in the commission.
DOCUMENTS ATTACHED:
Attachment 1 – Myrtle Braxton’s redacted application
AGENDA
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June 23, 2026
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313
June 23, 2026
Mayor's Office
DATE: June 23, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Paula Navin Burnett to the Commission on Aging
FINANCIAL IMPACT: There is no financial impact associated with this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Paula Navin Burnett is applying to serve on the
Commission on Aging.
RECOMMENDED ACTION: APPOINT Paula Navin Burnett to the Commission on Aging to a vacant seat with a new term ending May 19,
2030 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION:
Paula Navin Burnett is seeking appointment to the Commission on Aging. As a former registered nurse, Paula is eager to bring her experience and knowledge in nursing care for older adults, particularly in rehabilitation settings, to the Richmond Commission. She is committed to using her professional expertise to help improve the quality of life, wellbeing, and access to resources for Richmond’s older adult population. Paula has also attended previous commission meetings and assisted in setting up the 2025 Senior Winter Ball.
AGENDA
REPORT
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June 23, 2026
DOCUMENTS ATTACHED:
Attachment 1 – Paula Navin Burnett’s redacted application 315
316
317
318
319
320
June 23, 2026
Mayor's Office
DATE: June 23, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Catherine Bae to the Community Crisis Response Program Advisory Board
FINANCIAL IMPACT: There is no financial impact associated with this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Catherine Bae is applying to serve on the Community
Crisis Response Program (CCRP) Advisory Board.
RECOMMENDED ACTION: APPOINT Catherine Bae to the Community Crisis Response Program Advisory Board to a vacant seat with
a term ending December 31, 2028 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Catherine Bae is seeking appointment to the Community Crisis Response Program (CCRP) Advisory Board. She is a former educator and dual-licensed mental health professional with a focus on racial and social justice. Her experience includes community mental health services and providing support to asylum seekers in local ICE detention facilities. As an immigrant, she brings a personal understanding of the challenges faced by diverse communities and is passionate about developing AGENDA
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June 23, 2026
community-based alternatives to neighborhood crises and conflicts that do not rely on police intervention. She is committed to fostering programs that reflect the needs of Richmond’s diverse residents and promote safety through trauma-informed care, compassion, and community-centered solutions. Catherine is excited to share her perspectives and ideas with fellow board members.
DOCUMENTS ATTACHED:
Attachment 1 – Catherine Bae’s redacted application
322
323
June 23, 2026
Mayor's Office
DATE: June 23, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Reappointment of Karlyn C. Neel to the Design Review Board
FINANCIAL IMPACT: There is no financial impact associated with this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Karlyn C. Neel is reapplying to serve on the Design
Review Board.
RECOMMENDED ACTION: REAPPOINT Karlyn C Neel to the Design Review Board to a vacant seat with a new term ending March 17, 2028
– Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).
DISCUSSION:
Karlyn C. Neel has been serving the commission since July 2024 and is seeking reappointment to the Design Review Board. She has worked in the field of design for nearly three decades and is passionate about architecture, history, historic preservation, outdoor living, and creating accessible, well-designed community spaces. She hopes to continue giving back to the Richmond community by sharing her extensive design expertise. Karlyn is actively involved in historic preservation efforts through the Indian Wells Preservation Foundation and was part of the first property in Indian Wells to be listed on the National Register of Historic Places.
AGENDA
REPORT
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June 23, 2026
DOCUMENTS ATTACHED:
Attachment 1 – Karlyn C. Neel’s redacted application
325
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June 23, 2026
Police Department
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Timothy Simmons, Chief of Police
Subject: Accept the 2024 Edward Byrne Justice Assistance Grant FINANCIAL IMPACT: The proposed $73,227 expenditure is funded by the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG).
The budget for the Police Department will be increased
by $73,227, and the Police Department’s JAG revenue
account will be increased by $73,227. After the
five-percent administrative fee of $3,661.35 is withheld by the Contra Costa County Sheriff’s Office, the total
reimbursable amount available to the City is $69,565.65.
There is no net change to the overall City budget
(Account String: 10691021-400603).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The City of Richmond Police Department was awarded
the Edward Byrne Memorial Justice Assistance Grant
(JAG) 2024 by the Office of Justice Programs managed
by the Contra Costa County Sheriff’s Office. Department staff are requesting City Council approval to accept and appropriate $73,227, less a five percent administrative fee, withheld by the Contra Costa County Office of the
Sheriff ($3,661.35) for a total reimbursable amount of
$69,565.65 for the purchase of police safety
equipment.
AGENDA
REPORT
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June 23, 2026
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE funding in the amount of $73,227, less a five percent
administrative fee, for a total reimbursable amount of
$69,565.65, from the 2024 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program for the
purchase of police safety equipment, and AUTHORIZE
the city manager, or their designee, to execute the grant agreement and all necessary documents to facilitate
reporting and reimbursement – Police Department (Chief
Timothy Simmons 510-621-1802).
DISCUSSION:
The Federal government has made funds available to local law enforcement agencies under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program was established in memory of New York Police Department Officer Edward “Eddie” Byrne, who was tragically killed in 1988 while protecting a witness in a drug-related case. His death galvanized national efforts to support local law enforcement and criminal justice systems. The JAG Program was created through the Anti-Drug Abuse Acts of 1986 and 1988 and is now the leading federal funding source for state and local criminal justice initiatives.
Administered by the Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA), the JAG Program supports a wide range of activities, including law enforcement operations, prosecution, crime prevention, mental health services, and improvements in technology. It is authorized under Title I of Public Law 90–351, codified at 34 U.S.C. §§ 10151–10726.
The Contra Costa County Sherrif’s Office (CCCSO) applied for and was awarded the initial JAG award, which was then divided between the CCCSO and the participating Contra Costa cities of Antioch, Concord, and Richmond. The City of Richmond has been awarded $73,227 in reimbursable JAG funds less a five-percent administrative fee ($3,661.35) deducted for grant management by CCCSO for a total City reimbursable amount is $69,565.65. The awards are formula-based and non-competitive, allocated based on crime statistics and population data.
CCCSO oversees the grant for the participating jurisdictions. Each jurisdiction must complete and submit their reimbursement documentation to CCCSO, which CCCSO then processes and forwards to the Office of Justice Programs.
City staff propose to use the funds for the purchase of police safety equipment (e.g., ballistic vests, ballistic shields, helmets, etc.) in accordance with the Memorandum of Understanding (MOU) between the County of Contra Costa and Participating Contra Costa County Local Government Agencies for the Distribution of Regular Edward Byrne Memorial Justice Assistance Grant (JAG) Grant – 2024 (“MOU”) (Attachment 1). The 328
June 23, 2026
proposed resolution if adopted, would authorize the City Manager, or their designee, to execute the MOU and related documents necessary to accept reimbursement grant funds and request reimbursement prior to the grant termination date (Attachment 2).
The Office of Justice Programs approved the JAG 2024 award in May 2026. The grant is valid from October 1, 2024, to September 30, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – Edward Byrne Memorial Justice Assistance Grant JAG 2024 MOU Attachment 2 – Resolution
329
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT - 2024
THIS MEMORANDUM OF UNDERSTANDING is made and entered as of this 1 st Day of
October, 2023, in the County of Contra Costa, State of California, by and between the Undersigned Local Government Agencies acting by and through their respective governing bodies, related to the regular Edward Byrne Memorial Justice Assistance Grant (JAG) Grant – 2023 funds.
WHEREAS, the Federal government has made funds available under the FY24 (BJA – JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101- 10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 – 10158); see also 28 U.S.C. 530C(a).
WHEREAS, Contra Costa County has been designated as a disparate jurisdiction, that status requiring the submittal by all the undersigned parties of a single joint application for the total eligible allocation pursuant to a Memorandum of Understanding between all parties; and WHEREAS, the Contra Costa County Office of the Sheriff will serve as the applicant FISCAL AGENT, and GRANTEE, for the joint funds (hereafter, the “GRANTEE/FISCAL AGENT”), and the other local government signatories shall be subgrantees (hereafter, each a “SUBGRANTEE”, and collectively the “SUBGRANTEES”); and
WHEREAS, by this Memorandum of Understanding (M.O.U.) all parties agree to be bound by its terms; and
WHEREAS, all parties are required to allocate the grant funds among themselves; NOW, THEREFORE, the parties hereto agree as follows:
1. Duration of Term. The term of this Agreement shall commence on OCTOBER 1, 2023, and shall end on SEPTEMBER 30, 2027, plus any necessary period for reports, audits, and other post-grant compliance, unless extended by mutual agreement in accordance with any extension approved by the U.S. Department of Justice, Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA).
2. Length of Award. Grant award is made the first fiscal year and may be expended during the following three (3) years, for a total of four (4) grant period years. 330
3. Allocation Amounts. The GRANTEE/FISCAL AGENT and SUBGRANTEES will receive allocations as listed:
Contra Costa County $23,061
City of Antioch $43,462
City of Concord $41,920
City of Richmond $73,227
TOTAL $181,670
4. Administrative Fee. Notwithstanding the above paragraph (3) above, an administrative fee of five percent (5%) will be deducted for each disbursement under this agreement and shall be paid to the GRANTEE/FISCAL AGENT.
5. Use of Funds. SUBGRANTEES agree that they shall only expend these funds for anyone of the purpose listed in the “Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2024 Local Solicitation” as follows:
(a) Use for state and local initiatives, (b) technical assistance, (c) training, (d) personnel, (e) equipment, (f) supplies, (g) contractual support, (h) information systems for criminal justice, and (i) criminal justice-related research and evaluation activities that will improve or enhance:
- Law enforcement programs.
- Prosecution and court programs.
- Prevention and education programs.
- Corrections and community corrections programs.
- Drug treatment and enforcement programs.
- Planning, evaluation, and technology improvement programs. - Crime victim and witness programs (other than compensation). - Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
6. Prohibited Uses. Grant funds may not be expended outside of the grant purpose areas as stated above in paragraph (5). Additionally, grant funds may not be used directly or indirectly for security enhancements or equipment for non-governmental entities who are not engaged in criminal justice or public safety.
Furthermore, grant funds may not be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order:
1. Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters).
2. Luxury items.
3. Real estate.
4. Construction projects (other than penal or correctional institutions)
5. Any similar matters.
7. Additional Requirements: SUBGRANTEES have read, understood, and agree to the rules and requirements as listed in the “Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2024 Local Solicitation.” Including but not limited to compliance with Executive Order 12549, System Award Management Debarment and Suspension (SAM), and all applicable Federal statutes, regulations, guidance, and orders, including previous OMB guidance under OMB Circular A-102 (Grants and Cooperative Agreements With State and Local Governments), OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal 331
Governments), and OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations), which have been combined in 2 CFR 200, effective December 26, 2014. In addition, 2 C.F.R. Part 2867 (Non-Procurement Debarment and Suspension), 28 C.F.R. Part 83 (Drug-Free Workplace Act common rule), 28 C.F.R. Part 69 (Byrd Anti-Lobbying Amendment common rule) specifically apply.
For more information and resources on the Part 200 Uniform Requirements, see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
8. Reporting Requirements. Under this grant, quarterly financial status reports, quarterly performance metrics reports, and an annual progress report must be submitted to the Bureau of Justice Administration.
SUBGRANTEES agree to submit the quarterly reports to the GRANTEE/FISCAL AGENT no later than the following dates, for the term of the grant:
▪ January 15 for the Quarter: October 1 through December 31 ▪ April 15 for the Quarter: January 1 through March 31
▪ July 15 for the Quarter: April 1 through June 30
▪ October 15 for the Quarter: July 1 through September 30 The SUBGRANTEE’s quarterly report shall contain a detailed list of all projects or activities for which grant funds were expended or obligated, including:
a. the name of the project or activity;
b. a description of the project or activity;
c. an evaluation of the completion status of the project or activity, to include the status of performance measures;
d. an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
e. with respect to infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds available through this grant, and name of the person to contract.
SUBGRANTEES are required to submit quarterly reports if no activity occurred during the quarter.
SUBGRANTEES will be required to submit quarterly reports throughout the terms of the grant even if all grant fund allocations have been expended.
9. GRANTEE/FISCAL AGENT Responsibilities. The GRANTEE/FISCAL AGENT shall be responsible for submission of the application, receipt of the funds, and administration of the funds including: distributing the funds; monitoring the award; submitting reports including performance measures and program assessment data; providing ongoing monitoring and oversight of any SUBGRANTEE of the funds, and audit responsibilities.
10. Disbursement. SUBGRANTEES shall submit to the GRANTEE/FISCAL AGENT all documentation that may be reasonably required to support reimbursement of expenditures and audit reviews. The GRANTEE/FISCAL AGENT will submit the reimbursement documentation to OJP through established reporting processes. GRANTEE/FISCAL AGENT will disburse funds upon receipt of the reimbursement funds from OJP. On no occasion will GRANTEE/FISCAL AGENT advance funds. Each disbursement to SUBGRANTEES will have deducted the 5% administration fee.
332
11. Record-Keeping and Audits. GRANTEE/FISCAL AGENT and SUBGRANTEES shall establish and maintain accurate files and records of all aspects of the grant projects, property, programmatic and financial records in accordance with the grant record requirements indicated at 2 C.F.R. 200.333. SUBGRANTEES agree they shall co-operate fully and shall permit the GRANTEE/FISCAL AGENT, its employees and authorized representatives to inspect, audit, examine and make copies, excerpts and transcripts from documents related to the grant, as needed. Failure to do so will allow the GRANTEE/FISCAL AGENT to withhold funds until the compliance by the SUBGRANTEE.
12. Disallowance. SUBGRANTEES agree that if an individual SUBGRANTEE claims or receives reimbursement from the GRANTEE/FISCAL AGENT for an expenditure which is later disallowed by the federal government, that individual SUBGRANTEE shall promptly refund the disallowed amount to the GRANTEE/FISCAL AGENT upon the GRANTEE/FISCAL AGENT’s request. At its option, the GRANTEE/FISCAL AGENT may offset all or any portion of the disallowed amount against any other payment due to the individual SUBGRANTEE, hereunder.
Any such offset with respect to a portion of the disallowed amount shall not release the individual SUBGRANTEE from the obligation hereunder to refund the remainder of the disallowed amount.
13. Mutual Indemnification. GRANTEE/FISCAL AGENT agrees to indemnify and hold harmless SUBGRANTEES for the GRANTEE/FISCAL AGENT’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the GRANTEE/FISCAL AGENT in the performance of this Memorandum of Understanding.
SUBGRANTEE agrees to indemnify and hold harmless the GRANTEE/FISCAL AGENT for the SUBGRANTEE’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the SUBGRANTEE, its officers or employees.
This Memorandum of Understanding (M.O.U.) may be executed in counterparts including facsimile, and all counterparts, shall constitute one agreement, binding upon all parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this M.O.U. and binds the governmental agency for which he or she signs.
333
Special Conditions
• As allowable under Federal guidelines, procurement of equipment must follow local policies and procedures for competitive purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source approval is needed, sub-recipient must transmit the request to the Contra Costa County Office of the Sheriff. • Prior to reimbursement, subgrantee must submit an equipment ledger that includes a list of all equipment purchased by JAG funds and the deployed locations. • Subgrantee must submit a signed certification that JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for the purposes of the Bulletproof Vest Partnership (BVP) program.
• Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, sub-recipient must show proof to Contra Costa County Office of the Sheriff that ballistic-resistant and stab-resistant body armor purchased must be American-made.
• Subgrantee must submit a signed certification bullet proof vests purchased with JAG funds have a written “mandatory wear” policy in effect. This includes ballistic-resistant and stabresistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the sub-recipient for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
• The subgrantee agrees that JAG funds received will not be used to supplant State or Local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. • Any law enforcement agency receiving sub-awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. • Subgrantee understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase of acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA.
The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://bja.gov/funding/JAGControlledPurchaseList.pdf • Subgrantee must set aside 3% of their JAG funds to NIBRS compliance activities or documentation showing that it has been certified as NIBRS compliant. • Subgrantee must submit a copy of their Fiscal Year-End Single Audit Report including audit findings and corrective action plan to Contra Costa County Office of the Sheriff. • Compliance DOJ Grants Financial Guide. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the “DOJ Grants Financial Guide” available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
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• Requirements related to System for Award Management and Universal Identifier Requirements. The subgrantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding with SAM, as well as maintaining the currency of information in SAM. The subgrantee must comply with applicable restrictions on subawards (“subgrants”) to first tier subrecipients (first-tier “subgrantees), including restrictions on subawards to entities that do acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the subgrantee’s obligations related to SAM and to unique entity identifiers are posted on the OJP website at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. A copy of SAM print-out must be kept on file and submitted to the Sheriff’s Office. • Record retention requirements. Subgrantee shall establish and maintain accurate files and records of all aspects of the grant plant and the matters funded in whole or in part with the grant funds. Without limiting the scope of the foregoing, subgrantee shall establish and maintain accurate financial books and accounting records relating to authorized expenditures and to the grant funds received and expended under this MOU, together with all invoices, documents, payrolls time records and other data related to the matters covered under this MOU, whether funded in whole or in part with grant funds. Subgrantee shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this MOU or until any final audit by US DOJ has been fully completed, whichever is later.
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AWARD CONDITIONS
1. Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title Vl of the Civil Rights Act of 1964 (Title Vl), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at “Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by reference here.
2. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024)
The recipient, and any subrecipient (“subgrantee”) at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
3. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. ln addition, Part 38 states that a faithbased organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of 336
services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faithbased-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see
https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements.
4. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. ln certain special circumstances, the U.S. Department of Justice ('DOJ”) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ('OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period – may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801- 3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
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5. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
6. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
7. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that 338
elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
10. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
11. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28: C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. §
42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
13. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated - in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the 339
recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/lnteract-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
14. Requirements to disclose whether recipient is designated "high risk" by a federal grantmaking agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
15. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must— A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both— (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 340
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about EVerify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E[email protected]. E-Verify employer agents can email E-Verify at E[email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
16. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this 341
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
17. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1 ,2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
18. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. ln accepting this award, the recipient—
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both–
a. It represents that—
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(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds )whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) It has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. It certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
19. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-andsubgrantees.
20. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that – for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:
Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
21. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, 343
must seek a budget-modification or change-of-project scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
22. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or a Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on is award.
23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as “employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
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Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
26. Requirement to report actual or imminent breach of personally identifiable information (Pll)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintain, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
27. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
The condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
28. Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. ln addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property 345
identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlledequipment (Award condition: Compliance with restrictions on the use of federal funds-- prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352.
Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements – OJP considers a "subaward" (and therefore does not consider a procurement “contract”).
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/fundng/Explore/SubawardAuthorization.htm (Award condition:
All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
31. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
32. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts 346
(or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
33. Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/training-entity-management.
34. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
35. Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.
36. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. ln addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page:
https://nij.ojp.gov/topics/equipment-and-technologyibody-armor. ln addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
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37. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
38. Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press release, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities
39. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
40. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
41. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 348
42. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
44. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
45. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R.
Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
47. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
48. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) uness the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with alI applicable provisions of the U.S. Constitution, including the Fourth Amendment's 349
protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
49. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
50. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
51. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood 350
plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
52. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
53. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants.
Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
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54. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
55. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using nonfederal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
56. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS.
With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
57. Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/dl), and must collect and report the metrics identified in Section IX of that document to BJA.
58. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or 352
State law) relevant to the National Instant background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
59. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
60. Extreme risk protection programs funded by JAG must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and postdeprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
61. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
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62. Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award.
63. Use of program income
Program income (as Defined in the Part 200 Uniform Requirement) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
64. Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.
65. Withholding of funds for Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
66. Withholding of Funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
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SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:
The following are attached as part of this Schedule 1 (Please check items that are applicable):
Planning:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
Organization:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
Equipment:
☐ Invoice
☐ Cleared Check Payment
☐ Purchase Order
☐ Packing Slip
☐ EHP Approval
☐ EOC Approval
☐ Sole Source
☐ Performance Bond
☐ Equipment Ledger (Please submit
electronic copy to Grant Accountant)
☐ System Award Management
Training:
☐ Invoice
☐ Cleared Check Payment
☐ Training Feedback Number
☐ EHP Approval
☐ Certificates/Proof of Participation
☐ Sign In Sheet
☐ Agenda
Exercise:
☐ Invoice
☐ Cleared Check Payment
☐ After Action Report
☐ EHP Approval
☐ Overtime Authorization
For inquiries/questions, please contact: Name: ___________________ Tel: ________________________ me: _________________________
Project Payee Amount Description
If final
claim for
project,
check box
☐
☐
☐
☐
☐
355
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT - 2024
lN WTNESS WHEREOF, the parties hereto have caused thrs M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this ltil.O.U. and binds the governmental agency for which he or she signs.
GRANTEE/FISCAL AGENT
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF
Jad Keileh Digitally signed by Jad Keileh
Date: 2026.05.'14 14:16:30
{7',00'
Signature
Jad Keileh
Print Name
Chief of fvlanagement Services
Title
356
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT – 2024
IN WITNESS WHEREOF, the parties hereto have caused this M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this M.O.U. and binds the governmental agency for which he or she signs.
SUBGRANTEE
CITY OF RICHMOND
City Manager
Signature Title
Print Name
357
DocID #72618v1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A
REIMBURSEMENT GRANT THROUGH THE 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF $73,227 LESS A FIVE
PERCENT ADMINISTRATIVE FEE FOR A TOTAL REIMBURSABLE AMOUNT OF $69,565.65 TO SUPPLEMENT LAW ENFORCEMENT SERVICES
WHEREAS, the Federal government has made funds available under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) for law enforcement purposes; and WHEREAS, the County of Contra Costa County has been designated as a distinguishable jurisdiction; and
WHEREAS, the Contra Costa County Office of the Sheriff will serve as the applicant fiscal agent and grantee for the joint funds awarded; and WHEREAS, the City of Richmond is identified as a subgrantee and has been awarded a reimbursement grant of $73,227, less a five percent administrative fee withheld by the Contra Costa County Office of the Sheriff ($3,661.35) for a total reimbursable amount of $69,565.65 for law enforcement safety equipment costs; and WHEREAS, the OJP approved the JAG 2024 award in May 2026 and the grant is valid from October 1, 2024 to September 30, 2027 (“Grant Term”); and WHEREAS, the City, as a condition of accepting the funds, will be required to adhere to the Memorandum of Understanding between the County of Contra Costa and Participating Contra Costa County Local Government Agencies for the Distribution of Regular Edward Byrne Memorial Justice Assistance Grant (JAG) Grant – 2024 (“MOU”).
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that:
1. The City of Richmond hereby accepts and appropriates the reimbursement grant award from the Justice Assistant Grant (JAG) Program in the amount of $73,227, less a five percent administrative fee withheld by the Contra Costa County Office of the Sheriff ($3,661.35) for a total reimbursable amount of 358
DocID #72618v1
$69,565.65 for the purpose of reimbursement for safety equipment costs.
2. The City Manager, or his/her designee, shall establish a Fund Organization/Object Code in the Munis System for the deposit of the funds which have been allocated to the City of Richmond from the 2024 JAG Grant Program.
3. The Finance Director, or their designee, shall submit the necessary quarterly reports and summaries to the grantee as required by the MOU.
4. The City Manager, or their designee, is authorized to execute the MOU and any other documents necessary to accept the reimbursement grant funding and to request reimbursement prior to the end of the Grant Term. *****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
359
DocID #72618v1
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 MMDDYYYY.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
360
June 23, 2026
Public Works
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Tawfic N. Halaby, Deputy Director of Public Works
Subject: Task Authorization for Installation of Sodium Hypochlorite Tanks at the Wastewater Treatment Plant.
FINANCIAL IMPACT: The proposed $586,532 expenditure is funded by the Wastewater Fund (Account String:
40322931-400708-22230).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City staff is recommending City Council approval of a
resolution for Veolia to issue subcontracts to W. R. Forde Associates and Calcon Systems for the work associated
with the Sodium Hypochlorite Tank Replacement project.
RECOMMENDED ACTION: ADOPT a resolution to AUTHORIZE the issuance of a Task Authorization to Veolia for the Sodium Hypochlorite Tank Replacement project in an amount not to exceed
$586,532 ($488,777 plus 20% contingency) – Public
Works Department (Tawfic Halaby/510-620-5482).
DISCUSSION:
Sodium hypochlorite is used at the City’s wastewater treatment plant as a disinfectant.
The City’s three existing sodium hypochlorite storage tanks have exceeded their service life, and one tank is experiencing bottom leakage that is beyond repair. Replacing the tanks will ensure continued reliable disinfection operations, reduce environmental and safety risks associated with the failing equipment, provide enhanced monitoring AGENDA
REPORT
361
June 23, 2026
capabilities, and support continued regulatory compliance at the wastewater treatment plant.
All three existing tanks were installed at the same time and, consistent with manufacturer recommendations, all three tanks should be replaced at the same time.
Due to extended lead times for tank fabrication, the City executed a Task Authorization on July 29, 2025, for fabrication of the replacement tanks. The new tanks have since been fabricated and delivered to the wastewater treatment plant. The next phase of the project is to remove the existing tanks and install the new tanks and related equipment.
The proposed Task Authorization is for demolition and disposal of the existing tanks and associated piping systems, and installation of the new tanks with new piping systems, electrical conduits, wiring, and ancillary equipment. Ancillary equipment includes level sensors, ladders, displays, reverse float gauges, and other components needed for the new sodium hypochlorite tank system to operate safely and reliably.
On February 20, 2026, the City posted a request for bids on BidsOnline, and 28 prospective bidders downloaded the bid information. On March 27, 2026, the City received three bids from Corcus, Pacific Infrastructure, and W. R. Forde Associates (Attachment 1).
The bids received were as follows, in increasing order:
W. R. Forde Associates — $395,260
Corcus — $447,500
Pacific Infrastructure — $476,600
City staff and Veolia reviewed the bids and determined that W. R. Forde Associates submitted the lowest responsive and responsible bid.
The new sodium hypochlorite tanks must also be connected to and integrated with the City’s existing Supervisory Control and Data Acquisition (SCADA) system. This integration is necessary so that City staff and Veolia can monitor tank levels, receive operational data, and control related valves and equipment used in the sodium hypochlorite disinfection process.
While W. R. Forde Associates’ scope includes demolition of the existing tanks and installation of the new tanks, the SCADA programming and commissioning work requires specialized control system expertise. Calcon Systems, the firm that recently completed the City’s SCADA system upgrade at the wastewater treatment plant, provided a quote in the amount of $24,291 to program and commission the controller for the new sodium hypochlorite tank system. This work will allow the new tanks, valves, level sensors, displays, and related equipment to operate properly within the existing SCADA system. The quote was reviewed and determined to be fair and reasonable given the specialized nature of the work and Calcon Systems’ familiarity with the City’s wastewater treatment plant SCADA system.
362
June 23, 2026
In accordance with the City’s contract with Veolia, Veolia is responsible for construction management of City wastewater projects at a charge of 16.5 percent of the construction cost and 9 percent of any contingencies. For this project, Veolia’s construction management fee will apply to the construction contract with W. R. Forde Associates and to Calcon Systems’ SCADA integration work, because both are necessary components of the sodium hypochlorite tank replacement project. The applicable markup will also be applied to any contingency work that the City directs W. R. Forde Associates or Calcon Systems to perform. These combined costs are reflected in the table below as the total project cost.
The total estimated cost of this project, if awarded to the lowest responsive and responsible bidder, is as follows:
W. R. Forde Associates $395,260
Calcon Systems $ 24,291
Subtotal $419,551
Veolia Markup (16.5%) $ 69,226
Total Construction Cost $488,777
Contingency – 20% $ 97,755
Total Project Cost $586,532
City staff is requesting the City Council adopt the resolution to authorize issuing the Task Authorization to Veolia for the Sodium Hypochlorite Tank Replacement project with a total project cost not-to-exceed $586,532 without prior City Council approval.
DOCUMENTS ATTACHED:
Attachment 1 – BidsOnline Report
Attachment 2 – Bid Analysis
Attachment 3 – Resolution
Attachment 4 – Task Authorization
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SODIUM HYPOCHLORITE TANK REPLACEMENT PROJECT - Bid analysis by Veolia CPM 3/30/2026 Contractor Bid Amount
p
Form List of Subs Bid Bond
pp
Bid Form Collusion Safety Plan
p
Insurance License
p
Bid
W.R. Forde $395,260.00 TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE Yes Corcus $447,500.00 TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE Yes Pacific Infrastructure $476,600.00 TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE Yes Vendor Experience n Quality Service Safety Reputation Score W.R. Forde 5 5 5 5 5 4 4.83
Corcus 4 4 5 4 5 5 4.50
Pacific Infrastructure 5 5 4 4 4 4 4.33
Contractor
W.R. Forde
Corcus
Pacific Infrastructure
Veolia Comments p g y , p p g, p p p j
client. This contractor is also eligile for the local preference incentive of 5%.Based on the scoring analysis and price, this contractor is not recommended by Veolia for this project.Based on the scoring analysis and price, this contractor is not recommended by Veolia for this project. 474
Reso. No.
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF A TASK AUTHORIZATION TO REPLACE THE THREE EXISTING SODIUM HYPOCHLORITE STORAGE TANKS AT THE CITY OF RICHMOND’S
WASTEWATER TREATMENT PLANT
WHEREAS, Sodium hypochlorite is used at the City’s wastewater treatment plant as a disinfectant and the three existing sodium hypochlorite tanks have exceeded their service life; and
WHEREAS, installing new tanks will ensure continued reliable disinfection operations, eliminate environmental and safety risks from the equipment, provide enhanced monitoring capabilities, and maintain regulatory compliance at the City’s wastewater treatment plant; and WHEREAS, due to the extended lead times for tank fabrication the City ordered new tanks and they have been delivered, and the City needs to hire a qualified contractor to demolish and dispose of the outdated existing tanks and associated piping systems, install the new tanks with new piping systems, electrical conduits, wiring and ancillary equipment such as level sensors, ladders, displays, and reverse float gauges; and WHEREAS, on February 20, 2026, a request for proposal was posted to BidsOnline to remove the old tanks and install the new tanks, and 775 vendors were notified of the post and 29 prospective bidders downloaded the bid information; and WHEREAS, on March 27, 2026, three (3) bids were received from (in alphabetical order): Corcus, Pacific Infrastructure, and W.R. Forde Associates and City staff and Veolia staff reviewed the bids and determined that W. R. Forde and Associates, Inc. was the lowest responsive bid; and
WHETREAS, to ensure the project can be completed without significant delays or additional funding requests, a 15 percent contingency is deemed necessary and appropriate for this project, reflecting the complexity and risks associated with managing and replacing older infrastructure; and
WHEREAS, the new tanks must be integrated with the City's Supervisory Control and Data Acquisition (SCADA) system to monitor gather real-time data on, and control the use of sodium hypochlorite at the wastewater treatment plant; and WHEREAS, Calcon Systems a firm specializing in control systems and the firm that recently completed the SCADA system upgrade at the wastewater treatment plant, has submitted a proposal for $24,291 to program and commission the controller for seamless operation of the valves and sodium hypochlorite operating system, and the proposal was reviewed and was deemed fair and reasonable given the specialized nature of the work; and WHEREAS, if awarded to the low bidder, the total cost estimate for the Sodium Hypochlorite Tank Replacement project, is as follows:
W. R. Forde Associates $395,260
Calcon Systems $24,291
Subtotal $419,551
Veolia Markup (16.5 percent) $69,92
Total Construction Cost $488,777
Contingency (with Veolia Markup) $97,755
Total Project Cost $586,532
475
Reso. No.
WHEREAS, the Water Resource Recovery Division will issue a project Task Authorization to Veolia and Veolia will manage the subcontracts with W. R. Forde and Calcon Systems.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the Water Resource Recovery Division to issue a project Task Authorization to Veolia for the Sodium Hypochlorite Tank Replacement project in an amount not to exceed $586,532 including a 20 percent contingency, for Veolia to subcontract with W. R.
Forde Associates and Calcon Systems.
******************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 23, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 23, 2026.
Pamela Christian, Clerk of the City of Richmond
476
TASK
AUTHORIZATION
Administration
Engineering
Construction
Wastewater
Other (specify below)
Total Authorized Amt.: $ 488,776.92
2025 Sodium Hypochlorite Tank Replacement - Construction Date:
VWNA Project #:
April 8, 2026
RE.1791
Planning
Design
Construction x Proposed by:
Chandrasekar Venkatraman, Veolia Water West Oper. Services Sanitary Sewer
Storm Sewer Reviewed by:
Sanitary P.S. Authorized City Dept. Rep. (PO verification) Storm P.S.
X Reviewed by:
City of Richmond, Finance Department
Approved by:
Tawfic N. Halaby, P.E.
City of Richmond, Deputy Director of Public Works
Approval Date:
Original Line Item Approved Cost: $ 419,551.00
Approved Markup 16.5% $ 69,225.92
Veolia Water West Operating Services, Inc. (Veolia) operates and maintains the City of Richmond’s Wastewater Treatment Facility (WWTF) and the collection system. The three existing 10,300-gallon Sodium Hypochlorite (SHC) storage tanks manufactured by Poly Processing required replacement as they have exceeded their service life, with one tank experiencing bottom leakage that is beyond repair. Following manufacturer recommendations and the City of Richmond's direction, all three tanks will be replaced simultaneously as they were originally installed at the same time. The replacement will include new ancillary equipment and systems.
This project will ensure continued reliable disinfection operations, eliminate environmental and safety risks from the failing equipment, provide enhanced monitoring capabilities, and maintain regulatory compliance at the wastewater treatment facility.
Due to extended lead times for tank fabrication, the tank procurement was initiated first and has been completed; the City executed a separate TA on July 29, 2025 (see attached). This second TA addresses the construction and installation phase, which includes the demolition and disposal of the existing tanks and associated piping systems, as well as the installation of the new tanks with new piping systems, electrical conduits, wiring, and ancillary equipment such as level sensors, ladders, displays, and reverse float gauges. The City advertised the project on BidsOnline on February 20, 2026, with the bid opening on March 27, 2026. Three competitive bids were received and thoroughly evaluated. Following comprehensive analysis, the City and Veolia determined that W. R. Forde submitted the lowest responsive bid at $395,260.00 (see attached bid analysis).
In addition to the physical installation, the new tanks must be integrated with the City's upgraded SCADA (Supervisory Control and Data Acquisition) system to enable continuous monitoring and accurate management of chemical storage operations. Calcon Systems possesses specialized institutional knowledge of the Richmond WWTP SCADA infrastructure, having completed the facility's recent system upgrade, and served since as the integrator for all new assets. Calcon Systems has submitted a proposal for $24,291.00 to provide PLC programming and commissioning services for the automatic valves and hypochlorite operation systems. This proposal has been reviewed and is deemed fair and reasonable given the specialized nature of the work.
The total authorization amount requested is $488,776.92, which includes a 16.5% Veolia markup.
Veolia Markup
Proposal Cost SUBTOTAL 16.50% TOTAL
W.R. Forde 395,260 395,260.00 65,217.90 $ 460,477.90
Calcon Systems (SCADA) 24,291 24,291.00 4,008.02 $ 28,299.02 TOTAL 419,551 419,551.00 69,225.92 $ 488,776.92
W.R. Forde bid & Calcon proposal for SCADA
Bid Analysis of all three bids
Executed TA for Tank Procurement
Activity Classification
(Check applicable)
Scope of Services
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Richmond Sodium Hypochlorite
Tank Replacement Project Scope
Calcon Systems, Inc. 12919 Alcosta Blvd Ste 9
San Ramon, CA 94583
Tel (925) 277-0665
Fax (925) 277-9647
www.calcon.com
Richmond Sodium Hypo Tanks
Replacement_Programming Scope_Calcon.docx
Page | 1
PLC & SCADA Programming & Commissioning
• Program the new tank level sensor systems and their local displays • Program the PLC Remote I/O to manage the 3-tank control operations • Program Hypochlorite SCADA screen
• Commission the automatic valves
• Commission Hypochlorite system operation
Calcon Price: $24,291
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BID ANALYSIS BY VEOLIA
SODIM HYPOCHLORITE TANK REPLACEMENT PROJECT
LOCATED IN RICHMOND, CALIFORNIA
March 2026
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SODIUM HYPOCHLORITE TANK REPLACEMENT PROJECT - Bid analysis by Veolia CPM 3/30/2026 Contractor Bid Amount
Proposal
Form List of Subs Bid Bond
Supplemental
Bid Form
Non-Collusion
Affidavit Safety Plan
Sample
Insurance
EMR &
License
Information
Responsive
Bid
Vendor Experience Customization Quality
Customer
Service Safety Reputation Score
Contractor Veolia Comments
W.R. Forde $395,260.00 Yes
Corcus $447,500.00 Yes
Pacific Infrastructure $476,600.00 Yes
W.R. Forde 5 5 5 5 5 4 4.83
Corcus 4 4 5 4 5 5 4.50
Pacific Infrastructure 5 5 4 4 4 4 4.33
W.R. Forde
Veolia recommends this contractor based on their top scoring analysis, competitive pricing, and proven performance on an identical project for our Novato client. This contractor is also eligile for the local preference incentive of 5%.
Corcus Based on the scoring analysis and price, this contractor is not recommended by Veolia for this project.
Pacific Infrastructure Based on the scoring analysis and price, this contractor is not recommended by Veolia for this project. 514
SODIUM HYPOCHLORITE TANK REPLACEMENT PROJECT
Pre-Bid Meeting Agenda
Tuesday, March 03, 2026 @ 10:00 am
601 Canal Blvd – Richmond, California
Due date: Wednesday March 25, 2026 @ 2:00 pm (PDT) (via Planetbids) Welcome! This is the (mandatory) pre-bid meeting for the Sodium Hypochlorite Tank Replacement project. Make sure you sign in on the sign-in sheet. 1) Introductions:
Owner: City of Richmond
Construction Manager: Veolia
2) Description of Project:
The work includes replacing three (3) existing 10,300-gallon Sodium Hypochlorite (SHC) tanks at the Richmond Water Pollution Control Plant (WPCP) that have exceeded their useful life. All associated ancillary equipment and systems will also be replaced. For complete project details and specifications, please refer to the Scope of Work included in the Invitation to Bid.
3) Project Bid Calendar:
(Mandatory) pre-bid meeting: Tuesday, March 03, 2026 @ 10:00 am Q&A - Questions due: Tuesday, March 10, 2026 by 5:00 pm PDT Q&A - Answers/Addendum: Friday, March 13, 2026
Bid proposals due: Wednesday, March 25, 2026 @ 2:00 pm PDT 515
4) Bid Returnables:
Bid form
List of subcontractors
Bid bond
Supplemental bid form
Non-Collusion affidavit
Contractor safety plan (table of contents)
Alternatives with supporting documentation
Sample insurance certificate
EMR rating on insurance company’s letterhead
Preliminary project schedule bar chart
Contractor license information
Proof of 5 years direct experience
5) Site Visit: A mandatory site tour will be conducted during the pre-bid meeting to familiarize all prospective bidders with project conditions, site constraints, and work scope requirements.
6) Pre-Bid Meeting Questions: Please make sure to submit your questions on PlanetBids. 7) Project Contacts:
Tawfic Halaby City of Richmond [email protected] Dayne Johnson City of Richmond [email protected] Rodrigo Vignau Veolia [email protected] Akhila Reddy Veolia [email protected]
Thank you for your time and interest.
Please make sure you signed in on the sign-in sheet!
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Sales taxes where applicable are not included with the above prices. 518
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June 23, 2026
Public Works
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Tawfic Halaby, PE, Deputy Public Works Director
Bradley Harms, Environmental Manager
Subject: Water Board Settlement Payment and Supplemental Environmental Project Contract with Earth Island Institute FINANCIAL IMPACT: There is no impact to the General Fund. The total administrative civil liability of $63,000 assessed by the San Francisco Bay Regional Water Quality Control Board
pursuant to Settlement Order No. R2-2026-1003 is
funded by the Wastewater Fund. Of this amount, $24,000
will be paid to the State Water Pollution Cleanup and
Abatement Account, and $39,000 will fund a
Supplemental Environmental Project (SEP) implemented
by Earth Island Institute through its KIDS for the BAY
project. This expenditure is included in the Fiscal Year 2025–2026 Wastewater Fund Budget (Account String:
40322731-400293).
PREVIOUS COUNCIL
ACTION:
May 12, 2025
September 16, 2025
STATEMENT OF THE
ISSUE:
The City must comply with a settlement agreement
issued by the San Francisco Bay Regional Water Quality
Control Board assessing $63,000 in administrative civil liability for National Pollutant Discharge Elimination
System (NPDES) permit violations associated with the
Richmond Water Pollution Control Plant and the shared
outfall. The issue before the City Council is whether to adopt a resolution authorizing payment of $24,000 to the AGENDA
REPORT
520
June 23, 2026
State Water Pollution Cleanup and Abatement Account
and approving a $39,000 contract with Earth Island
Institute to implement a Supplemental Environmental
Project (SEP) through its KIDS for the BAY project,
satisfying the remaining portion of the settlement
requirements.
RECOMMENDED ACTION: ADOPT a resolution to AUTHORIZE payment of $24,000 to the State Water Pollution Cleanup and Abatement
Account, APPROVE a contract with Earth Island Institute for $39,000 to implement a Supplemental Environmental
Project through its KIDS for the BAY project pursuant to Water Board Settlement Order No. R2-2026-1003, and
AUTHORIZE the city manager or their designee to
execute the contract and all necessary administrative
actions - Public Works Department (Bradley Harms 510-
307-8094/Tawfic Halaby 510-620-5482).
DISCUSSION:
On May 26, 2026, the San Francisco Bay Regional Water Quality Control Board approved Settlement Agreement and Stipulated Administrative Civil Liability Order No.
R2-2026-1003 (“Order”) for the City of Richmond and Richmond Municipal Sewer District No. 1, together with West County Wastewater District. The Order assesses administrative civil liability totaling $63,000 for alleged violations of National Pollutant Discharge Elimination System (NPDES) permit limits associated with the Richmond Water Pollution Control Plant and West County Common Outfall.
The alleged violations occurred between January 2025 and January 2026 and involved biochemical oxygen demand (BOD5), total suspended solids (TSS), Enterococcus bacteria, and total residual chlorine effluent limitations. The Order requires payment of $24,000 to the State Water Pollution Cleanup and Abatement Account and allows the remaining $39,000 to be suspended pending completion of an approved Supplemental Environmental Project (SEP).
The City has selected the Watershed Rangers Program, administered by KIDS for the BAY, a project of Earth Island Institute, as the SEP. This program will engage underserved elementary schools in Richmond in trash cleanups, watershed stewardship activities, and environmental education projects that raise awareness of water quality and non-point source pollution. The SEP will fund six class projects during the 2026- 2027 school year at a cost of $6,500 per class project.
The Order requires the Dischargers to complete the SEP and submit the required final completion report by September 30, 2027. City staff are now requesting that the City Council adopt a resolution authorizing payment of the $24,000 administrative civil liability to the State Water Pollution Cleanup and Abatement Account and authorizing 521
June 23, 2026
execution of a $39,000 contract with Earth Island Institute (KIDS for the BAY) to implement the SEP.
COST RECOVERY EFFORTS:
The City intends to submit a formal demand letter to Veolia Water, the contracted operator of the Richmond Water Pollution Control Plant, seeking reimbursement of the $63,000 penalty amount associated with the NPDES permit violations addressed in Water Board Order No. R2-2026-1003.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Attachment 2 - Proposed Contract
Attachment 3 - Water Board Letter
Attachment 4 - Order No. R2-2026-1003
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DocID #52262v1
1 RESOLUTION NO. XX-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING PAYMENT OF ADMINISTRATIVE CIVIL
LIABILITY TO THE STATE WATER POLLUTION CLEANUP AND ABATEMENT
ACCOUNT AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH EARTH ISLAND INSTITUTE IN THE AMOUNT OF $39,000 TO IMPLEMENT A
SUPPLEMENTAL ENVIRONMENTAL PROJECT THROUGH ITS KIDS FOR THE BAY PROJECT PURSUANT TO SETTLEMENT ORDER NO. R2-2026-1003 ISSUED
BY THE SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD WHEREAS, on May 26, 2026, the San Francisco Bay Regional Water Quality Control Board (Water Board) approved Settlement Agreement and Stipulated Administrative Civil Liability Order No. R2-2026-1003 (“Settlement Order”) involving the City of Richmond and Richmond Municipal Sewer District No. 1, together with West County Wastewater District; and WHEREAS, the Settlement Order assesses $63,000 in administrative civil liability for National Pollutant Discharge Elimination System (NPDES) permit violations associated with the Richmond Water Pollution Control Plant and West County Common Outfall between January 2025 and January 2026; and
WHEREAS, the Settlement Order requires payment of $24,000 to the State Water Pollution Cleanup and Abatement Account; and
WHEREAS, the Settlement Order authorizes the remaining $39,000 of the administrative civil liability to be suspended pending completion of an approved Supplemental Environmental Project (SEP); and
WHEREAS, the Water Board transmitted the final Settlement Order to the City on May 27, 2026; and
WHEREAS, the City intends to submit a formal demand letter to Veolia Water, the contracted operator of the Richmond Water Pollution Control Plant, seeking reimbursement of the $63,000 penalty amount associated with the NPDES permit violations addressed in the Settlement Order; and
WHEREAS, the City has selected the Watershed Rangers Program, administered by KIDS for the BAY, a project of Earth Island Institute, as the SEP to fulfill the $39,000 suspended liability portion of the Settlement Order; and
WHEREAS, the SEP will provide watershed education and trash cleanup programming at disadvantaged elementary schools in Richmond, improving community environmental literacy and reducing non-point source pollution; and
WHEREAS, the $63,000 penalty amount will be funded by the Wastewater Enterprise Fund, and no impact to the General Fund is anticipated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RICHMOND:
Section 1. The City Council finds and determines that the foregoing recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council hereby authorizes payment of $24,000 to the State Water Pollution Cleanup and Abatement Account pursuant to the terms of the Settlement Order.
Section 3. The City Council hereby approves a contract in the amount of $39,000 with Earth Island Institute for implementation of a Supplemental Environmental Project pursuant to the terms of the Settlement Order. Earth Island Institute will implement the SEP through its KIDS for the BAY project.
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2 Section 4. The City Manager, or their designee, is authorized to execute the contract and to take all necessary and appropriate actions to carry out the intent of this resolution.
Section 5. This resolution shall take effect immediately upon its passage. -----------------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 23, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF
RICHMOND (SEAL)
Approved: Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 23, 2026.
Pamela Christian, Clerk of the City of Richmond
524
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
Public Works Bradley Harms [email protected] 510-307-8094 5955 Supplemental Environmental Project (SEP) as outlined in the Administrative Civil Liability Order issued by the State Water Quality Control Board Earth Island Institute/KIDS for the BAY 2150 Allston Way, Suite 460 Berkeley, CA 94704-1375 Mandi Billinge (510) 734-3835 [email protected] 4005-7533 June 23, 2026 September 30, 2027 39,000.00 2026/2027 39,000.00 PRINT CLEAR FORM 525
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
Sumona Majumdar, CEO
Michael Sowle, Financial Director
Earth Island Institute/KIDS for the BAY
526
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]:
Earth Island Institute/KIDS for the BAY
Please see attached:
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF ADMINISTRATIVE CIVIL
LIABILITY ORDER
R2-2026-1003
527
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
In the matter of:
WEST COUNTY
WASTEWATER DISTRICT,
CITY OF RICHMOND AND
RICHMOND MUNICIPAL
SEWER DISTRICT NO.1,
CONTRA COSTA COUNTY
NPDES Permit No. CA0038539
(Order No. R2-2024-0008)
Effluent Limit Violations
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SETTLEMENT AGREEMENT AND
STIPULATION FOR ENTRY OF
ADMINISTRATIVE CIVIL LIABILITY
ORDER
ORDER NO.
R2-2026-1003
Section I: INTRODUCTION
This Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Stipulated Order) is entered into by and between the California Regional Water Quality Control Board, San Francisco Bay Region Prosecution Team (Prosecution Team) and the West County Wastewater District and City of Richmond and Richmond Municipal Sewer District No. 1 (Dischargers) (collectively Parties), and is presented to the California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board), or its delegate, for adoption as an Order by settlement pursuant to California Water Code (Water Code) section 13323 and Government Code section 11415.60. This Stipulated Order resolves all the violations alleged herein by the imposition of administrative civil liability against the Dischargers in the amount of $63,000.
Section II: RECITALS
1. The City of Richmond and Richmond Municipal Sewer District No. 1 operate the Richmond Municipal Sewer District Water Pollution Control Plant (Richmond Plant), a municipal wastewater treatment plant that serves most of the City of Richmond. The West County Wastewater District owns and operates the West County Wastewater District Treatment Plant (West County Plant), a municipal wastewater treatment plant that serves the communities of San Pablo, Tara Hills, Rollingwood, Bayview, portions of Pinole, parts of northern Richmond, and some unincorporated portions of Contra Costa County. The Dischargers were formerly a part of West County Agency, a Joint Powers Authority. Secondary-treated wastewater from the Richmond Plant and West County Plant is combined prior to discharge to Central San Francisco Bay through a shared outfall (formerly the West County Agency Outfall), Discharge Point 001.
528
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
2. The Dischargers are required to operate and maintain the Richmond Plant and West County Plant in compliance with National Pollutant Discharge Elimination System (NPDES) Permit No. CA0038539 (Permit), an NPDES permit for point source discharges to surface waters of the United States issued pursuant to Clean Water Act section 402 and Water Code Chapter 5.5, Division 7 (commencing with section 13370). The Dischargers are also required to comply with the Permit at Discharge Point 001. The Permit was most recently reissued on June 12, 2024, through Regional Water Board Order No. R2-2024-0008, which became effective August 1, 2024.
3. Water Code section 13385, subdivisions (h) and (i), requires assessment of mandatory minimum penalties (MMPs) for certain discharge violations. a. Water Code section 13385, subdivision (h)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation.
b. Water Code section 13385, subdivision (h)(2) states:
For the purposes of this section, a “serious violation” means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. c. Water Code section 13385, subdivision (i)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations:
i. Violates a waste discharge requirement effluent limitation. ii. Fails to file a report pursuant to Section 13260.
iii. Files an incomplete report pursuant to Section 13260. 529
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
iv. Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge
requirements do not contain pollutant-specific effluent limitations for toxic pollutants.
d. Water Code section 13385, subdivision (i)(2) states:
For the purposes of this section, a “period of six consecutive months” means the period commencing on the date that one of the violations described in this subdivision occurs and ending 180 days after that date.
4. The Prosecution Team alleges that the Dischargers violated their biochemical oxygen demand (BOD5), total suspended solids (TSS), Enterococcus bacteria, and total residual chlorine effluent limitations 23 times between January 2025 and January 2026. The 7 BOD5, 10 TSS, and 5 Enterococcus bacteria effluent limit violations occurred at Monitoring Location EFF-002 at the Richmond Plant. The one total chlorine residual effluent limit violation occurred at Monitoring Location EFF-001 at Discharge Point 001. The Dischargers are subject to MMPs for all 23 of these violations pursuant to Water Code section 13385, subdivisions (h) and/or (i), as shown in Attachment A, incorporated herein by reference.
5. To resolve the alleged violations in Section II, paragraph 4, by consent and without further administrative proceedings, the Parties have agreed to the imposition of an administrative civil liability of $63,000 against the Dischargers.
6. The Parties have agreed to settle this matter without administrative or civil litigation, and to present this Stipulated Order to the Regional Water Board or its delegate for adoption as an Order by settlement pursuant to Water Code section 13323 and Government Code section 11415.60.
7. The Prosecution Team contends that the resolution of the alleged violations is fair and reasonable and fulfills all of its enforcement objectives; that no further action is warranted concerning the violations, except as provided in this Stipulated Order; and that this Stipulated Order is in the public’s best interest.
Section III: STIPULATIONS
The Parties incorporate the foregoing Recitals and stipulate to the following:
1. Administrative Civil Liability: The Dischargers hereby agree to the imposition of an administrative civil liability of $63,000 to resolve the alleged violations set forth in Section II, paragraph 4, as follows:
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Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
a. No later than 30 days after the Regional Water Board or its delegate signs this Stipulated Order, the Dischargers shall mail a check for $24,000, made payable to “State Water Pollution Cleanup and Abatement Account,” referencing the Order number on page one of this Stipulated Order, to:
State Water Resources Control Board Accounting Office
Attn: ACL Payment
P.O. Box 1888
Sacramento, CA 95812-1888
The Dischargers shall email a copy of the check to the Regional Water Board ([email protected]).
b. The Parties agree that the remaining $39,000 of the administrative liability shall be suspended pending completion of the Supplemental Environmental Project (SEP) described in Section III, paragraph 2, and Attachment B, incorporated by reference herein. No later than 30 days after the Regional Water Board or its delegate signs this Stipulated Order, the Dischargers shall mail a check for $39,000, made payable to “Earth Island Institute,” referencing the Order number on page one to:
KIDS for the BAY
Attn: Mandi Billinge, Richmond Watershed Rangers SEP
1771 Alcatraz Avenue, Berkeley, CA 94703
2. SEP Description: The SEP is the Watershed Rangers Program managed by KIDS for the BAY (SEP Implementer). The SEP will provide disadvantaged schools in Richmond with trash cleanup projects that raise awareness of watershed health and social behaviors that contribute to non-point source pollution. Attachment B further describes the SEP and its project milestones, budget, and reporting schedule.
3. Representation and Agreements Regarding the SEP:
a. As a material condition for the Regional Water Board’s acceptance of this Stipulated Order, the Dischargers represent that they will fund the suspended liability of $39,000 (SEP Amount) and support the SEP Implementer to implement the SEP as set forth in Section III, paragraph 2, and Attachment B. The Dischargers understand that their promise to fund and implement the SEP with the SEP Implementer, in its entirety and in accordance with the implementation schedule and budget set forth in Attachment B, represents a material condition of this settlement of liability between the Dischargers and the Regional Water Board.
b. The Dischargers agree to (1) spend the SEP Amount as described in this Stipulated Order; (2) provide certified, written reports to the Regional 531
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Water Board consistent with the terms of this Stipulated Order; and (3) provide as part of the final report due September 30, 2027, a certification by a responsible official, signed under penalty of perjury, that the SEP Implementer followed all applicable environmental laws and regulations in implementing the SEP, including the California Environmental Quality Act (CEQA), Porter-Cologne Water Quality Control Act, and federal Clean Water Act.
c. The Dischargers further agree that the Regional Water Board has the right to require a third-party audit of the funds expended to implement the SEP at the Dischargers’ cost, and that the Dischargers bear ultimate responsibility for meeting all deadlines and requirements specified in Attachment B.
4. Publicity Associated with the SEP: Whenever the Dischargers, or their agents or subcontractors, publicize one or more SEP elements, they shall state in a prominent manner that the project is undertaken as part of a settlement of a Regional Water Board enforcement action against the Dischargers.
5. Progress Reports and Inspection Authority: The Dischargers will provide reports describing progress implementing the SEP to the Regional Water Board as described in Attachment B. The Dischargers and the SEP Implementer agree that Regional Water Board staff has permission to inspect the SEP at any time with 24-hour notice.
6. Certification of SEP Completion: On or before September 30, 2027, a responsible official of the Dischargers shall submit a final completion report as described in Attachment B and a certified statement, signed under penalty of perjury, that documents the SEP Implementer's expenditures during the SEP completion period, and that the Dischargers completed the SEP in accordance with the terms of this Stipulated Order. The expenditures may include external payments to outside vendors, but may not include the cost of normal, routine work undertaken by SEP Implementer staff. In making such certification, the signatories may rely on normal organizational project tracking systems that capture employee time expenditures and external payments to outside vendors, such as environmental and information technology contractors or consultants. Documentation of SEP completion may include photographs, invoices, receipts, certifications, and other materials reasonably necessary for the Regional Water Board to evaluate SEP completion and the costs incurred. The Dischargers shall provide the Regional Water Board with any additional information reasonably necessary to verify the SEP expenditures and completion.
7. Time Extension for SEP: The Executive Officer of the Regional Water Board may extend the SEP deadlines contained in Attachment B of this Stipulated 532
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Order if the Dischargers demonstrate delays from unforeseeable circumstances or circumstances beyond their control, provided that the Dischargers continue to undertake all appropriate measures to meet the deadlines. The Dischargers shall make any deadline extension request in writing. Any approval of an extension by the Executive Officer must be in writing.
8. Regional Water Board Acceptance of Completed SEP: Upon the Dischargers’ satisfaction of their obligations under this Stipulated Order, including SEP completion and any audits, the Executive Officer shall issue a “Satisfaction of Order” terminating any further obligations under this Stipulated Order, permanently suspending the remaining penalty, and resolving the Administrative Civil Liability proceedings.
9. Failure to Expend All Suspended Funds on the Approved SEP: If the Dischargers are unable to demonstrate to the reasonable satisfaction of the Executive Officer that the entire SEP Amount was spent on the completed SEP, the Dischargers shall pay the difference between the SEP Amount and the amount the Dischargers can demonstrate was actually spent on the SEP (Difference). The Executive Officer shall issue a “notice” that requires the Dischargers to pay the Difference to the State Water Pollution Cleanup and Abatement Account within 30 days of the notice issuance date. The Dischargers shall submit payment consistent with the payment method described in Section III, paragraph 1.a. Payment of the Difference shall satisfy the Dischargers’ obligations to implement the SEP.
10.Failure to Complete the SEP: If the SEP is not fully implemented by September 30, 2027, or by the due date if extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated agreement of the Parties, or if the Parties cannot reach agreement, via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Dischargers shall be liable to pay the entire SEP Amount, or, if shown by the Dischargers, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the Dischargers shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Dischargers to pay, the Dischargers shall submit payment consistent with the payment method described in Section III, paragraph 1.a. Payment of the 533
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assessed amount shall satisfy the Dischargers’ obligation to implement the SEP.
11.Regional Water Board Not Liable: The Regional Water Board and its members, staff, attorneys, and representatives shall not be liable for any injury or damage to persons or property resulting from negligent or intentional acts or omissions by the Dischargers or their directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order. The Regional Water Board, its members, and its staff shall not be held as parties to, or guarantors of, any contract entered into by the Dischargers or their directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order.
12.Compliance with Applicable Laws: The Dischargers understand that payment of administrative civil liability in accordance with the terms of this Stipulated Order and/or compliance with the terms of this Stipulated Order is not a substitute for compliance with applicable laws, and that continuing violations of the types alleged herein may subject it to further enforcement, including additional administrative civil liability.
13.Party Contacts for Communications related to this Stipulated Order:
For the Regional Water Board: For the Dischargers:
Natlie Lee, Environmental Scientist
San Francisco Bay Regional Water
Quality Control Board
1515 Clay Street, 14th Floor
Oakland, CA 94612
[email protected]
(510) 622-2325
Counsel:
Paul Ciccarelli, Attorney IV
State Water Resources Control
Board Office of Enforcement
801 K Street, 23rd Floor
Sacramento, CA 95814
[email protected]
(916) 322-3227
Bradley Harms,
Environmental Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
(510) 307-8094
Counsel:
Shannon Moore, Chief Assistant City
Attorney
Kimberly Chin, Senior Assistant City
Attorney
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
(510) 620-6509
[email protected]
(510) 620-6709
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14.Attorney Fees and Costs: Except as otherwise provided herein, each Party shall bear all attorney fees and costs incurred pursuant to this Stipulated Order.
15.Matters Addressed by this Stipulated Order: Upon the Regional Water Board’s or its delegate’s adoption, this Stipulated Order represents a final and binding resolution and settlement of the alleged violations contained in Section II, paragraph 4, as of the effective date of this Stipulated Order. The provisions of this paragraph are expressly conditioned on the full payment of the administrative civil liability by the deadline specified in Section III, paragraph 1.
16.Public Notice: The Dischargers understand that this Stipulated Order must be noticed for a 30-day public review and comment period prior to consideration by the Regional Water Board or its delegate. If significant new information is received that reasonably affects the propriety of presenting this Stipulated Order to the Regional Water Board or its delegate for adoption, the Prosecution Team may unilaterally declare this Stipulated Order void and decide not to present it to the Regional Water Board or its delegate. The Dischargers agree that they may not rescind or otherwise withdraw their approval of this Stipulated Order.
17.Addressing Objections Raised During Public Comment Period: The Parties agree that the procedure contemplated for public review of this Stipulated Order and the Regional Water Board’s or its delegate’s adoption of this Stipulated Order is lawful and adequate. The Parties understand that the Regional Water Board or its delegate has the authority to require a public hearing on this Stipulated Order. If procedural objections are raised or the Regional Water Board or its delegate requires a public hearing prior to the Stipulated Order becoming effective, the Parties agree to meet and confer concerning any such objections, and may agree to revise or adjust the procedure and/or this Stipulated Order as necessary or advisable under the circumstances.
18.Interpretation: This Stipulated Order shall be construed as if the Parties prepared it jointly. Any uncertainty or ambiguity shall not be interpreted against any one Party. The Parties are represented by counsel in this matter.
19.Modification: The Parties shall not modify this Stipulated Order by oral representation made before or after its execution. All modifications must be in writing, signed by all Parties, and approved by the Regional Water Board or its delegate.
20.If the Stipulated Order Does Not Take Effect: If this Stipulated Order does not take effect because the Regional Water Board or its delegate does not approve it, or because the State Water Resources Control Board (State 535
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Water Board) or a court vacates it in whole or in part, the Parties acknowledge that they expect to proceed to a contested evidentiary hearing before the Regional Water Board to determine whether to assess administrative civil liabilities for the underlying alleged violations, unless the Parties agree otherwise. The Parties agree that all oral and written statements and agreements made during the course of settlement discussions will not be admissible as evidence in the hearing or in any other administrative or judicial proceeding. The Parties agree to waive any and all objections based on settlement communications in this matter, including but not limited to objections related to prejudice or bias of any of the Regional Water Board members or their advisors or any other objections that are premised in whole or in part on the fact that the Regional Water Board members or their advisors were exposed to some of the material facts and the Parties’ settlement positions as a consequence of reviewing this Stipulated Order and, therefore, may have formed impressions or conclusions prior to any contested evidentiary hearing on the violations alleged herein in this matter. The Parties also agree to waive any and all objections based on laches, delay, or other equitable defenses related to the period for administrative or judicial review to the extent this period has been extended by these settlement proceedings.
21.Waiver of Hearing: The Dischargers have been informed of the rights Water Code section 13323, subdivision (b), provides and, if the settlement is adopted by the Regional Water Board or its delegate, hereby waive their right to a hearing before the Regional Water Board prior to the Stipulated Order’s adoption. However, if the settlement is not adopted, or if the matter proceeds to the Regional Water Board or the State Water Board for hearing, the Dischargers do not waive the right to a hearing before an order is imposed.
22.Waiver of Right to Petition or Appeal: Except in the instance where the Stipulated Order is not adopted by the Regional Water Board or its delegate, the Dischargers hereby waive their right to petition the Regional Water Board’s or its delegate’s adoption of the Stipulated Order for review by the State Water Board, and further waive their rights, if any, to appeal the same to a California Superior Court and/or California appellate court.
23.Covenant Not to Sue: The Dischargers covenant not to sue or pursue any administrative or civil claims against the State of California, any State agency, or its officers, Board members, employees, representatives, agents, or attorneys arising out of or relating to any matter expressly addressed by this Stipulated Order. This covenant is not intended to bar and does not limit the Dischargers’ rights to sue over other Regional Water Board orders (e.g., permits or cease and desist orders) or limit the Dischargers’ rights to defend against any additional enforcement or other actions taken by the Regional Water Board or its employees, representatives, agents, or attorneys. 536
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Moreover, this covenant shall not release any claims or complaints against any State agency or the State of California, its officers, Regional Water Board members, employees, representatives, agents, or attorneys to the extent such covenant would be prohibited by California Business and Professions Code section 6090.5 or by any other statute, rule, regulation, or legal principle of similar effect.
24.Necessity for Written Approvals: All approvals and decisions of the Regional Water Board or its delegate under the terms of this Stipulated Order shall be communicated to the Dischargers in writing. No oral advice, guidance, suggestions, or comments from Regional Water Board employees or officials regarding submissions or notices shall be construed to relieve the Dischargers of their obligation to obtain any final written approval this Stipulated Order requires.
25.Authority to Bind: Each person executing this Stipulated Order in a representative capacity represents and warrants that he or she is authorized to execute this Stipulated Order on behalf of, and to bind, the entity on whose behalf he or she executes the Stipulated Order.
26.No Third-Party Beneficiaries: Except for the SEP Implementer’s obligations, this Stipulated Order is not intended to confer any rights or obligations on any third party or parties. No third party or parties shall have any right of action under this Stipulated Order for any cause whatsoever.
27.Severability: This Stipulated Order is severable; if any provision is found to be invalid, the remainder shall remain in full force and effect.
28.Counterpart Signatures and Facsimile and Electronic Signatures: This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document.
Further, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.
29.Effective Date: This Stipulated Order shall be effective and binding on the Parties upon the date the Regional Water Board or its delegate enters the Order incorporating the terms of this Stipulated Order. 537
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IT IS SO STIPULATED.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION, PROSECUTION TEAM
Date: By:
Keith H. Lichten
Assistant Executive Officer
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IT IS SO STIPULATED.
CITY OF RICHMOND
Date: By:
Bradley Harms
Environmental Manager
City of Richmond
WEST COUNTY WASTEWATER DISTRICT
Date: By:
Aaron Winer
Director of Water Quality and
Resource Recovery
West County Wastewater District
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ORDER OF THE REGIONAL WATER BOARD
1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein.
2. In accepting this Stipulated Order, the Regional Water Board or its delegate has considered information the Prosecution Team obtained in investigating the allegations set forth in the Stipulated Order or otherwise provided to the Regional Water Board.
3. This is an action to enforce the laws and regulations administered by the Regional Water Board. Issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) in accordance with California Code of Regulations, title 14, section 15321, subdivision (a)(2).
4. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Dischargers fail to perform any of their obligations under this Stipulated Order.
IT IS HEREBY ORDERED pursuant to Water Code section 13323 and Government Code section 11415.60, on behalf of the California Regional Water Quality Control Board, San Francisco Bay Region.
Eileen M. White, P.E. Date
Executive Officer
California Regional Water Quality Control Board
San Francisco Bay Region
540
ATTACHMENT A
Mandatory Minimum Penalties
Dischargers: City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
The following table lists the alleged violations for which the Dischargers are subject to civil liabilities pursuant to Water Code section 13385. The table lists the mandatory minimum penalty (MMP) that applies.
Table 1. List of Alleged Violations
CIWQS
Violation
ID No.
Violation
Date Parameter (units) Group Effluent Limitation
Reported
Value
Percent
Exceedance[1]
Violation
Type MMP[2]
1142171 1/25/2025
Total Suspended Solids (TSS),
Percent Removal, Monthly
Average (%)
1 85 84 -1% C1 $0
1142165 2/1/2025 Total Suspended Solids (TSS),
Weekly Average (mg/L) 1 45 49 8% C2 $0
1142162 2/8/2025
Biochemical Oxygen Demand
(5-day @ 20 Degree Celsius)
(BOD5), Weekly Average (mg/L)
1 45 63 40% C3, S $3,000
1142161 2/8/2025 TSS, Weekly Average (mg/L) 1 45 150 233% >C3, S $3,000 1142160 2/28/2025 TSS, Percent Removal, Monthly
Average (%) 1 85 69 -19% >C3 $3,000
1142163 2/28/2025 BOD5, Monthly Average (mg/L) 1 30 50 67% >C3, S $3,000 1142164 2/28/2025 TSS, Monthly Average (mg/L) 1 30 77 157% >C3, S $3,000 1147931 2/28/2025 BOD5, Percent Removal, Monthly
Average (%) 1 85 79 -7% >C3 $3,000
1143656 4/29/2025 Chlorine, Total Residual (mg/L) 2 1.8 2 26% >C3, S $3,000 1145219 6/21/2025 TSS, Weekly Average (mg/L) 1 45 49 9% >C3 $3,000 541
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1147884 8/16/2025 TSS, Weekly Average (mg/L) 1 45 80 77% >C3, S $3,000 1147887 8/16/2025 BOD5, Weekly Average (mg/L) 1 45 51 12% >C3 $3,000 1147886 8/19/2025
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 2445 N/A >C3 $3,000
1147885 8/31/2025 TSS, Monthly Average (mg/L) 1 30 40 34% >C3 $3,000 1148886 9/4/2025
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 5370 N/A >C3 $3,000
1151728 1/12/2026
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 24196 N/A >C3 $3,000
1151724 1/17/2026 BOD5, Weekly Average (mg/L) 1 45 78 73% >C3, S $3,000 1151726 1/24/2026 TSS, Weekly Average (mg/L) 1 45 47 5% >C3 $3,000 1151723 1/24/2026 Enterococcus, 6-Week Rolling
Average (MPN/100 mL)
[3] 290 416 N/A >C3 $3,000
1151725 1/24/2026 BOD5, Weekly Average (mg/L) 1 45 52 15% >C3 $3,000 1151721 1/31/2026 Enterococcus, 6-Week Rolling
Average (MPN/100 mL)
[3] 290 443 N/A >C3 $3,000
1151722 1/31/2026 BOD5, Monthly Average (mg/L) 1 30 45 50% >C3, S $3,000 1151727 1/31/2026 TSS, Monthly Average (mg/L) 1 30 32 7% >C3 $3,000 Total Mandatory Minimum Penalty: $63,000
Legend:
CIWQS = California Integrated Water Quality System database that the Water Boards use to track violations and enforcement.
Violation ID = Identification number assigned to each permit violation within CIWQS.
C = Count. Number of violations within past 180 days, including this violation. A penalty applies under Water Code section 13385(i) when the count is greater than three (>C3).
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S = Serious. A penalty applies under Water Code section 13385(h) whenever an effluent limitation is exceeded by 40 percent or more for a Group 1 pollutant or 20 percent or more for a Group 2 pollutant.
Footnotes:
[1] Percent that the reported value exceeds the effluent limitation for a Group 1 pollutant. [2] The MMP required under Water Code section 13385(h) and/or (i). [3] Enterococcus bacteria is not categorized as a Group 1 or Group 2 pollutant.
CIWQS Place IDs: 215234, 252657, 272082
WDID: 2 071037001
543
ATTACHMENT B
Project Description for
Supplemental Environmental Project (SEP) for
Richmond Watershed Rangers Program
1. Project Name
Richmond Watershed Rangers Program
2. Project Amount
$39,000 based on the following:
· $6,500 per class project
· 6 class projects during the 2026 – 2027 school year
3. Project Lead
Earth Island Institute/KIDS for the BAY
KIDS for the BAY is a project of Earth Island Institute (the fiscal sponsor), 501(c)(3) organization.
4. Contacts
Mandi Billinge, Executive Director, KIDS for the BAY,
[email protected], (510) 734-3835
5. Project Description
KIDS for the BAY coordinates and supervises watershed stewardship and trash cleanup projects with local schools on a class-by-class basis. Students perform projects with assistance from their teachers and families, and the primary goal of each project is trash removal from nearby neighborhoods, parks, and waterways (e.g., creeks, lakes, bay and delta shorelines). In the process, KIDS for the BAY raises awareness of watershed health and social behavior that contributes to non-point source pollution.
The Watershed Rangers Program prioritizes projects in disadvantaged and environmental justice communities, as encouraged by the State Water Resources Control Board’s (State Water Board) SEP Policy1 and further discussed in sections 6 and 7. This project serves under-resourced schools in the City of Richmond with more than 50 percent low-income students.
A. Project Components. KIDS for the BAY oversees each class project, of which there are four components: (1) two orientations, (2) a school neighborhood survey and trash cleanup, (3) a watershed habitat/urban open space trash cleanup in an area near the school location, and (4) a creek or Bay field trip and trash cleanup, as described below:
1 State Water Resources Control Board Policy on Supplemental Environmental Projects, December 5, 2017.
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1. Orientation. KIDS for the BAY’s orientations for each class prepare participants (e.g., students, teachers, parent chaperones) for project work and cover background education, planning field activities and logistics, and safety.
a. Background. Participants learn about the San Francisco Bay-Delta watershed, including how school neighborhoods connect with water (storm drain system, local creeks, the Bay, and the Pacific Ocean) and how pollutants in stormwater enter and impact this system.
Emphasis is placed on water as a precious resource, the benefits of healthy watershed ecosystems to people and wildlife, and citizen actions that protect and improve water quality in their communities, such as by practicing the Five Rs (Reduce, Reuse, Recycle, Rot, and Refuse) to reduce trash, waste, and pollution in the San Francisco Bay watershed.
b. Planning. Participants prepare for field activities and discuss logistics. KIDS for the BAY Educators explain procedures for conducting a neighborhood survey and picking up trash (e.g., using tongs, separating waste from recyclable materials), record keeping (e.g., identifying locations of storm drains and trash hotspots, documenting the types and volume of trash removed), and disposal or recycling processes. KIDS for the BAY Educators provide guidelines for project logistics that are finalized in close coordination with the classroom teacher to include school logistics (parental consent forms, buddy or staying together plans, parent volunteers, etc.).
c. Safety. Students receive training on safe field practices that include staying in the public right-of-way (e.g., walking on sidewalks, not trespassing on residential property) and not handling certain types of wastes that may be encountered (e.g., chemical containers, hypodermic needles, sharp objects). Some sharp objects, such as broken glass, may be removed safely by an adult (KIDS for the BAY Educator, class teacher, or parent volunteer).
2. School Campus and Neighborhood Survey and Trash Cleanups.
Students implement a school campus and neighborhood survey and trash cleanup under KIDS for the BAY direction and supervision. From a walking tour of the school campus and neighborhood, students will identify the number and location of storm drains and the location of any trash hotspots. Trash encountered along the way will be picked up, categorized, counted and recorded on the neighborhood survey sheets provided by KIDS for the BAY. Campus and neighborhood surveys and trash cleanups will take approximately two hours to complete. KIDS for 545
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the BAY will dispose of the trash collected at an authorized disposal or recycling facility, such as the school waste management service or a local city waste management center.
KIDS for the BAY will coordinate school campus and neighborhood surveys and trash cleanup with local municipalities. The locations and contents of significant trash hotspots beyond the scope of the Watershed Rangers Program (e.g., large accumulations of trash, illegally dumped large items, trash containing unsafe materials such as hazardous waste, drug paraphernalia) will be reported to local agencies and city services to request cleanup. Students will calculate the total number of gallons of trash collected over the surveyed area and share results with the local Clean Water Program.
3. Watershed Habitat Trash Cleanup. KIDS for the BAY, students, and the classroom teacher will identify (i.e., adopt) a watershed habitat in an urban open space area within walking distance of the school. This area may be a localized area where trash collects (e.g., at a local park, creek, lake, or section of Bay shoreline). If no urban open space area is available within the local watershed, a storm drain grate or collection of storm drains in the neighborhood may be selected. KIDS for the BAY will oversee and supervise the watershed habitat trash cleanup.
Each participating class will take a walking field trip to clean up trash at the watershed habitat location. Trash will be picked up, categorized, and counted, and students will calculate the total number of gallons of trash collected and share results with the local Clean Water Program.
The same safety rules for trash cleanup beyond the scope of the Watershed Rangers Program apply here as set forth above.
KIDS for the BAY will coordinate additional activities in conjunction with the trash cleanup to help students connect with their watershed habitat or to improve community outreach. For example, activities may include increasing connections with the habitat through a sound map, “meeting” the creek, “meeting” a tree, etc. Through these activities, students will observe, study, explore, and connect with the components of a natural watershed habitat. The “Five Rs Relay Race” activities will teach students about using the Five Rs to reduce trash and waste at the source.
4. Creek, Lake, Bay, or Delta Habitat Trash Cleanup. KIDS for the BAY will oversee and supervise a field trip for each participating class to visit a creek, lake, bay, or delta habitat and clean up trash. Trash will be picked up, categorized, and counted, and students will calculate the total number of gallons of trash collected and share results with the local Clean Water Program. The same safety rules for trash cleanup beyond the scope of the Watershed Rangers Program apply here as 546
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set forth above. The cleanup will take approximately one hour to complete. KIDS for the BAY will dispose of the trash collected at an authorized disposal or recycling facility, such as the school waste management service or a local city waste management center.
KIDS for the BAY will coordinate additional activities during this trip to help students learn about and connect with aquatic habitats and ecosystems (e.g., a bay scavenger hunt, short nature hike activity).
Students will observe, study, explore, and connect with the components of a natural watershed habitat. Students will complete the Watershed Rangers Program by pledging to make behavior changes, including not littering and practicing the Five Rs to reduce trash and waste in their watershed. Students will write their pledges on environmental pledge cards provided by KIDS for the BAY. They will then share their pledge cards with their classmates and families.
B. Reporting. Once the project start date is determined with the participating school and class, quarterly progress reports will be submitted along with one completion report at the end of the final school year. Table 1 provides the timing and schedule of project activities and due dates for these reports.
Reports will document the trash cleanups and other activities described in the project components and record progress toward project completion.
The reports will also cover expenditure justifications (invoices, hourly rates, time sheets, etc.) and project performance measures. Table 1 lists elements of the quarterly reports and the completion report. The Dischargers will submit reports electronically to the following contacts at the San Francisco Bay Regional Water Quality Control Board:
Kerry O’Connor
[email protected]
(510) 622-2460
James Parrish
[email protected]
(510) 622-2381
6. Compliance with SEP Criteria
Trash cleanup is consistent with the Water Boards’ mission to preserve, enhance, and restore the water quality and beneficial uses (BUs) of San Francisco Bay and its tributaries. Trash is an environmental pollutant regulated by U.S. EPA National Pollutant Discharge Elimination System (NPDES) permits under a municipal regional stormwater permit and statewide industrial and construction stormwater permits. The Watershed Rangers Program does not replace others’ responsibilities for trash management or cleanup but, rather, is intended to provide third-party assistance in reducing the impact of a social issue.
The Watershed Rangers Program is primarily a pollution reduction SEP; 547
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however, project components also include elements of an assessment and audit SEP and an environmental restoration and protection SEP. · Pollution Reduction SEP – Trash cleanup decreases the amount of waste and pollutants discharging to streams and the Bay. · Assessments and Audits SEP – The identification and reporting of trash hotspots to municipalities through a neighborhood survey and the adoption of a local watershed habitat for monitoring and cleanup are a form of environmental quality assessment and study or monitoring program.
· Environmental Restoration and Protection SEP – Trash cleanup at a creek or Bay is nonpoint source program implementation that benefits surface water quality and ecosystems.
7. SEP Policy Support
A SEP must directly benefit or study groundwater or surface water quality or quantity and the BUs of the waters of the State. This project meets this criterion through pollution reduction and assessment that contributes to environmental restoration and protection (see item 6, above). The SEP Policy encourages projects (like the Watershed Rangers Program) that serve disadvantaged and environmental justice communities. This program targets areas where trash is prevalent, cleanup resources are limited, and local communities may be less informed about or engaged with environmental protection and watershed stewardship. KIDS for the BAY has more than 30 years of experience serving disadvantaged and environmental-justice communities by partnering with low-income, urban elementary schools in lowincome, environmental-justice communities, including in the following school districts: Oakland Unified, West Contra Costa Unified, San Leandro Unified, Hayward Unified, Pittsburg Unified, Martinez Unified, and Mount Diablo.
KIDS for the BAY programs address environmental health and justice issues that affect the communities they partner with, including urban creek and watershed health, pollution, trash and waste, and access to nature. A goal of KIDS for the BAY is equitable access to environmental education and stewardship opportunities for all children, including English Language Learners. Diversity, equity, and inclusion are key guiding principles of KIDS for the BAY programs. To better serve communities, KIDS for the BAY provides internal professional development for staff and strives to develop culturally literate, multicultural environmental leaders. KIDS for the BAY staff receive annual training in diversity, equity, and inclusion; environmental justice; culturally responsive class management; and supporting English language learners. The KIDS for the BAY website’s list of staff alumni includes many women as well as 75 percent who identify as people of color. 548
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During its 30-year history, KIDS for the BAY has helped to develop a new generation of leaders in environmental education and stewardship.
8. Above and Beyond Discharger’s Obligations
This SEP provides no direct benefit to the West County Wastewater District and City of Richmond and Richmond Municipal Sewer District No. 1. The Dischargers have no obligation to provide financial or other support for this project, will receive no direct or indirect benefit for this effort, and will not direct or exercise any control over the project.
9. No Benefit to the Water Board Functions, Members, or Staff This SEP provides no direct fiscal benefit to the Regional Water Board’s functions, its members, its staff, or any family of its members or staff.
10.Nexus to Nature or Location of Violations
Trash is prevalent throughout the San Francisco Bay, and trash cleanup projects have a broad nexus to violations of stormwater permits and other types of violations or discharges that threaten to impair the water quality of San Francisco Bay. Trash cleanups will occur in a San Francisco Bay-Delta watershed and help protect San Francisco Bay water quality and BUs by reducing trash inflow.
11.Project Maintenance
While the project will be completed by the end of the school year, KIDS for the BAY has a separate teacher-training program that provides additional opportunities to the participating classrooms outside this SEP. To provide ongoing support for teachers and continue advancing KIDS for the BAY’s mission, KIDS for the BAY staff follow up with partner teachers the year after their participation in the Watershed Rangers Program to review any lessons learned and address the status of the watershed habitat. Staff will invite teachers to participate in a separate program (Blue Watershed Classrooms teacher follow-up support program) to further develop a watershed-friendly, zero-waste classroom and to continue trash cleanup projects in the school neighborhood and at the adopted watershed habitat.
12.California Environmental Quality Act (CEQA) Compliance This is an environmental stewardship, trash cleanup, and monitoring program for elementary school students and is categorically exempt from CEQA (Cal.
Code Regs. Tit. 14, section 15301(h),(i) and section 15333).
13.Project Milestone, Schedule, and Budget
Table 1 lists the primary project milestones, deliverables, and schedule.
Table 2 includes the projected cost for each milestone. 549
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Table 1. Project Milestones and Deliverables
Due Date Task Description Deliverable
November 30, 2026 Project planning: Complete outreach to applicable school districts and engage individual classrooms (teachers). Meet with teachers to set project schedules, sign Letters of Agreement, and distribute informational materials.
None
February 28, 2027 Milestone 1: Complete project orientations (Item 5.A.1) and neighborhood survey and trash cleanup (Item 5.A.2)
components. Documentation shall include:
1. Narrative description of activities with photographs, including “before and after” photos of trash clean up
areas;
2. Google map (or equivalent) showing locations of
survey area, trash cleanup areas, and any trash
hotspots;
3. Table listing the total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of trash disposal and recycling centers used; and
6. Account for expenditures.
Quarterly Report 1
April 30, 2027 Milestone 2: Complete the watershed habitat project component (Item 5.A.3). Documentation shall include:
1. Narrative description of activities in the local watershed habitat with photos, including “before and after” photos of trash cleanup areas;
2. Google map (or equivalent) showing locations of the
trash cleanup areas and any trash hotspots;
3. Table listing total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of any trash disposal and recycling
centers used; and
6. Account for expenditures.
Quarterly Report 2
July 30, 2027 Milestone 3: Complete the creek or Bay trash cleanup project component (Item 5.A.4). Documentation shall include:
1. Narrative description of activities in the habitat with photos, including “before and after” photos of trash
cleanup areas;
2. Google map (or equivalent) showing locations of the
trash cleanup areas and any trash hotspots;
3. Table listing total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of any trash disposal and recycling
centers used; and
6. Account for expenditures.
Quarterly Report 3
September 30, 2027 Completion Report: Submit final report with the following elements:
1. Summary of project components reported previously
and any new or updated information about trash
cleanups and other activities;
2. Discussion of whether and how the project
Completion Report
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Due Date Task Description Deliverable
performance measures described in section 15, below,
were met, including information on compliance with the
project schedule and budget, and/or challenges and
reasons for deviations;
3. Table listing trash cleanup data for the entire project, including total gallons removed by type;
4. Google map identification of all locations where trash cleanups occurred;
5. Identification of locations where city services were requested and, if known, completed; and
6. Final post-project accounting of expenditures as
described in section 14, below.
7. Certification by a responsible official, signed under penalty of perjury, that the Dischargers completed the
SEP in accordance with the terms of this Stipulated
Order, as described in sections 3.b. and 6 of the
Stipulated Order and section 16, below.
Table 2. Project Budget by Milestone
Position Title & Other Line Items Hourly Rate Hours Cost Milestone One & Project Planning
Executive Director
Program Manager/Environmental Educator
Program Environmental Educators
Communications Coordinator
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone One Subtotal
$78
$36
$32
$38
16 48
235
18 $1,248
$1,728
$7,520
$684
$1,118
$1,118
$13,416
Milestone Two
Executive Director
Program Manager/Environmental Educator
Program Environmental Educators
Communications Coordinator
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone Two Subtotal
$78
$36
$32
$38
12 20
96 16
$936
$720
$3,072
$608
$534
$534
$6,404
Milestone Three & Completion Report
Executive Director
Education Manager
Program Manager/Educator
Program Educators
Travel – Field Trip Buses
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone Three Subtotal
$75
$38
$32
$36
22 36
96 24
$1,716
$1,296
$3,072
$912
$9,000
$1,600
$1,600
$19,196
TOTAL COST $39,016
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Budget Narrative
This project budget is for six third-, fourth-, or fifth grade classes of students, their teachers, and volunteer family members to complete the Watershed Rangers Program at a cost of $6,500 per class for one school year.
14.Final Account of Expenditures
The Dischargers will track all costs and include financial data with quarterly reports. The Dischargers will also provide the Regional Water Board with a completion report, submitted under penalty of perjury, that declares SEP completion, addresses how the expected performance measures for the project were met (see section 16), and provides a final accounting of SEP expenditures, as required by Stipulated Order Section III, paragraphs 3.b and 6.
15.Extension if Necessary
The SEP Completion Date is the due date of the final report unless the Executive Officer approves an extension. If an extension is granted, it shall also apply to the reports to the Regional Water Board. If an extension is necessary, KIDS for the BAY shall submit a written request for such an extension to the Regional Water Board’s Executive Officer and shall provide the justification for the delay as required by the Stipulated Order at section III.7.
16.Project Performance Measures
The SEP must achieve all the following performance measures to be deemed complete:
1. Milestone 1: Submit signed teacher contracts and schedules of activities, collect at least five gallons2 of trash for each trash cleanup, submit survey results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
2. Milestone 2: Register adopted watershed habitat, collect at least five gallons2 of trash cleaned up from each adopted watershed habitat per class, submit survey results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
3. Milestone 3: Complete creek or Bay field trip, collect at least five gallons2 of trash for each creek or Bay habitat cleanup, submit survey 2 The number of gallons of trash collected for each cleanup will be around 5 - 20 gallons depending on conditions. The total number of gallons of trash collected for the three locations for each class will be from around 15 - 60 gallons per class, for a total of approximately 250 - 1,000 gallons of trash.
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
4. Completion Report: Submit all deliverables to the Regional Water Board meeting the requirements and deadlines set forth in Table 1.
Report will include project completion description and how performance measures were met; total trash cleanup summary table for all locations, including total gallons removed; Google map identifying all locations; a summary of city services provided as applicable; and final accounting of expenditures.
The Dischargers will electronically submit all quarterly reports and the completion report to the following contacts:
Kerry O’Connor
[email protected]
(510) 622-2460
James Parrish
[email protected]
(510) 622-2381
San Francisco Bay Regional Water Quality Control Board
1515 Clay Street, 14th Floor
Oakland, CA 94612
553
San Francisco Bay Regional Water Quality Control Board
May 27, 2026
CW-215234, 252657, 272082
City of Richmond and Richmond Municipal Sewer District No. 1 450 Civic Center Plaza
Richmond, CA 94804
Attn: Bradley Harms, Water Resources Division Environmental Manager West County Wastewater District
2377 Garden Tract Road
Richmond, CA 94806
Attn: Aaron Winer, Director of Water Quality and Resource Recovery Subject: Transmittal of Order R2-2026-1003 for Payment Regarding Discharge Limitation Violations; Richmond Water Pollution Control Plant, West County Common Outfall, Richmond, Contra Costa County
Dear Bradley Harms and Aaron Winer:
The Executive Officer approved Settlement Agreement and Stipulated Administrative Civil Liability Order R2-2026-1003 (Order) on May 26, 2026, on behalf of the Regional Water Board. The Order imposes $63,000 in administrative civil liability, $39,000 of which will be suspended pending completion of a supplemental environmental project.
The Order requires the City of Richmond and Richmond Municipal Sewer District No. 1 and West County Wastewater District to pay $24,000 to the “State Water Pollution Cleanup and Abatement Account” no later than 30 days after the Order is issued (i.e., June 26, 2026) as required by California Water Code section13323, subdivision (d).
Please see Section III, paragraph 1.a. for directions on submitting the payment.
If the payment deadline is not met, Regional Water Board prosecution staff may allow a 15-day period to cure non-payment. Following the 15th day of non-payment, prosecution staff will enforce the terms of the Order and seek immediate payment of the remaining balance. Alternatively, the Regional Water Board’s Executive Officer may refer the matter to the Attorney General’s Office to obtain payment in compliance with the terms of the Order or take other appropriate action. 554
City of Richmond and - 2 - May 27, 2026
Richmond Municipal Sewer District No. 1
West County Wastewater District
If you have any questions, please contact Natlie Lee at (510) 622-2325 or [email protected].
Sincerely,
James Parrish
Senior Environmental Scientist
NPDES Wastewater Division
Enclosures: Order R2-2026-1003
cc: Bradley Harms, Senior Environmental Compliance Inspector, City of Richmond, [email protected]
Shannon Moore, Chief Assistant City Attorney, City of Richmond, [email protected]
Kimberly Chin, Senior Assistant City Attorney, City of Richmond, [email protected]
Shasa Curl, City Manager, City of Richmond,
[email protected]
Daniel Chavarria, Public Works Director, City of Richmond, [email protected]
Tawfic Halaby, Deputy Director of Public Works – Operations & Maintenance, City of Richmond, [email protected]
Andrew Clough, General Manager, West County Wastewater District, [email protected]
Nicole S. Witt, Partner, Hanson Bridgett LLP, [email protected] Nicole Granquist, Partner, Stoel Rives LLP, [email protected] Paul Ciccarelli, Attorney IV, State Water Resources Control Board, [email protected]
James Parrish, Senior Environmental Scientist, San Francisco Bay Regional Water Board, [email protected]
James
Parrish
Digitally signed by
James Parrish
Date: 2026.05.27
17:30:00 -07'00'
555
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
In the matter of:
WEST COUNTY
WASTEWATER DISTRICT,
CITY OF RICHMOND AND
RICHMOND MUNICIPAL
SEWER DISTRICT NO.1,
CONTRA COSTA COUNTY
NPDES Permit No. CA0038539
(Order No. R2-2024-0008)
Effluent Limit Violations
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SETTLEMENT AGREEMENT AND
STIPULATION FOR ENTRY OF
ADMINISTRATIVE CIVIL LIABILITY
ORDER
ORDER NO.
R2-2026-1003
Section I: INTRODUCTION
This Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Stipulated Order) is entered into by and between the California Regional Water Quality Control Board, San Francisco Bay Region Prosecution Team (Prosecution Team) and the West County Wastewater District and City of Richmond and Richmond Municipal Sewer District No. 1 (Dischargers) (collectively Parties), and is presented to the California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board), or its delegate, for adoption as an Order by settlement pursuant to California Water Code (Water Code) section 13323 and Government Code section 11415.60. This Stipulated Order resolves all the violations alleged herein by the imposition of administrative civil liability against the Dischargers in the amount of $63,000.
Section II: RECITALS
1. The City of Richmond and Richmond Municipal Sewer District No. 1 operate the Richmond Municipal Sewer District Water Pollution Control Plant (Richmond Plant), a municipal wastewater treatment plant that serves most of the City of Richmond. The West County Wastewater District owns and operates the West County Wastewater District Treatment Plant (West County Plant), a municipal wastewater treatment plant that serves the communities of San Pablo, Tara Hills, Rollingwood, Bayview, portions of Pinole, parts of northern Richmond, and some unincorporated portions of Contra Costa County. The Dischargers were formerly a part of West County Agency, a Joint Powers Authority. Secondary-treated wastewater from the Richmond Plant and West County Plant is combined prior to discharge to Central San Francisco Bay through a shared outfall (formerly the West County Agency Outfall), Discharge Point 001.
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Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
2. The Dischargers are required to operate and maintain the Richmond Plant and West County Plant in compliance with National Pollutant Discharge Elimination System (NPDES) Permit No. CA0038539 (Permit), an NPDES permit for point source discharges to surface waters of the United States issued pursuant to Clean Water Act section 402 and Water Code Chapter 5.5, Division 7 (commencing with section 13370). The Dischargers are also required to comply with the Permit at Discharge Point 001. The Permit was most recently reissued on June 12, 2024, through Regional Water Board Order No. R2-2024-0008, which became effective August 1, 2024.
3. Water Code section 13385, subdivisions (h) and (i), requires assessment of mandatory minimum penalties (MMPs) for certain discharge violations. a. Water Code section 13385, subdivision (h)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation.
b. Water Code section 13385, subdivision (h)(2) states:
For the purposes of this section, a “serious violation” means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. c. Water Code section 13385, subdivision (i)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations:
i. Violates a waste discharge requirement effluent limitation. ii. Fails to file a report pursuant to Section 13260.
iii. Files an incomplete report pursuant to Section 13260. 557
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
iv. Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge
requirements do not contain pollutant-specific effluent limitations for toxic pollutants.
d. Water Code section 13385, subdivision (i)(2) states:
For the purposes of this section, a “period of six consecutive months” means the period commencing on the date that one of the violations described in this subdivision occurs and ending 180 days after that date.
4. The Prosecution Team alleges that the Dischargers violated their biochemical oxygen demand (BOD5), total suspended solids (TSS), Enterococcus bacteria, and total residual chlorine effluent limitations 23 times between January 2025 and January 2026. The 7 BOD5, 10 TSS, and 5 Enterococcus bacteria effluent limit violations occurred at Monitoring Location EFF-002 at the Richmond Plant. The one total chlorine residual effluent limit violation occurred at Monitoring Location EFF-001 at Discharge Point 001. The Dischargers are subject to MMPs for all 23 of these violations pursuant to Water Code section 13385, subdivisions (h) and/or (i), as shown in Attachment A, incorporated herein by reference.
5. To resolve the alleged violations in Section II, paragraph 4, by consent and without further administrative proceedings, the Parties have agreed to the imposition of an administrative civil liability of $63,000 against the Dischargers.
6. The Parties have agreed to settle this matter without administrative or civil litigation, and to present this Stipulated Order to the Regional Water Board or its delegate for adoption as an Order by settlement pursuant to Water Code section 13323 and Government Code section 11415.60.
7. The Prosecution Team contends that the resolution of the alleged violations is fair and reasonable and fulfills all of its enforcement objectives; that no further action is warranted concerning the violations, except as provided in this Stipulated Order; and that this Stipulated Order is in the public’s best interest.
Section III: STIPULATIONS
The Parties incorporate the foregoing Recitals and stipulate to the following:
1. Administrative Civil Liability: The Dischargers hereby agree to the imposition of an administrative civil liability of $63,000 to resolve the alleged violations set forth in Section II, paragraph 4, as follows:
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Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
a. No later than 30 days after the Regional Water Board or its delegate signs this Stipulated Order, the Dischargers shall mail a check for $24,000, made payable to “State Water Pollution Cleanup and Abatement Account,” referencing the Order number on page one of this Stipulated Order, to:
State Water Resources Control Board Accounting Office
Attn: ACL Payment
P.O. Box 1888
Sacramento, CA 95812-1888
The Dischargers shall email a copy of the check to the Regional Water Board ([email protected]).
b. The Parties agree that the remaining $39,000 of the administrative liability shall be suspended pending completion of the Supplemental Environmental Project (SEP) described in Section III, paragraph 2, and Attachment B, incorporated by reference herein. No later than 30 days after the Regional Water Board or its delegate signs this Stipulated Order, the Dischargers shall mail a check for $39,000, made payable to “Earth Island Institute,” referencing the Order number on page one to:
KIDS for the BAY
Attn: Mandi Billinge, Richmond Watershed Rangers SEP
1771 Alcatraz Avenue, Berkeley, CA 94703
2. SEP Description: The SEP is the Watershed Rangers Program managed by KIDS for the BAY (SEP Implementer). The SEP will provide disadvantaged schools in Richmond with trash cleanup projects that raise awareness of watershed health and social behaviors that contribute to non-point source pollution. Attachment B further describes the SEP and its project milestones, budget, and reporting schedule.
3. Representation and Agreements Regarding the SEP:
a. As a material condition for the Regional Water Board’s acceptance of this Stipulated Order, the Dischargers represent that they will fund the suspended liability of $39,000 (SEP Amount) and support the SEP Implementer to implement the SEP as set forth in Section III, paragraph 2, and Attachment B. The Dischargers understand that their promise to fund and implement the SEP with the SEP Implementer, in its entirety and in accordance with the implementation schedule and budget set forth in Attachment B, represents a material condition of this settlement of liability between the Dischargers and the Regional Water Board.
b. The Dischargers agree to (1) spend the SEP Amount as described in this Stipulated Order; (2) provide certified, written reports to the Regional 559
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Water Board consistent with the terms of this Stipulated Order; and (3) provide as part of the final report due September 30, 2027, a certification by a responsible official, signed under penalty of perjury, that the SEP Implementer followed all applicable environmental laws and regulations in implementing the SEP, including the California Environmental Quality Act (CEQA), Porter-Cologne Water Quality Control Act, and federal Clean Water Act.
c. The Dischargers further agree that the Regional Water Board has the right to require a third-party audit of the funds expended to implement the SEP at the Dischargers’ cost, and that the Dischargers bear ultimate responsibility for meeting all deadlines and requirements specified in Attachment B.
4. Publicity Associated with the SEP: Whenever the Dischargers, or their agents or subcontractors, publicize one or more SEP elements, they shall state in a prominent manner that the project is undertaken as part of a settlement of a Regional Water Board enforcement action against the Dischargers.
5. Progress Reports and Inspection Authority: The Dischargers will provide reports describing progress implementing the SEP to the Regional Water Board as described in Attachment B. The Dischargers and the SEP Implementer agree that Regional Water Board staff has permission to inspect the SEP at any time with 24-hour notice.
6. Certification of SEP Completion: On or before September 30, 2027, a responsible official of the Dischargers shall submit a final completion report as described in Attachment B and a certified statement, signed under penalty of perjury, that documents the SEP Implementer's expenditures during the SEP completion period, and that the Dischargers completed the SEP in accordance with the terms of this Stipulated Order. The expenditures may include external payments to outside vendors, but may not include the cost of normal, routine work undertaken by SEP Implementer staff. In making such certification, the signatories may rely on normal organizational project tracking systems that capture employee time expenditures and external payments to outside vendors, such as environmental and information technology contractors or consultants. Documentation of SEP completion may include photographs, invoices, receipts, certifications, and other materials reasonably necessary for the Regional Water Board to evaluate SEP completion and the costs incurred. The Dischargers shall provide the Regional Water Board with any additional information reasonably necessary to verify the SEP expenditures and completion.
7. Time Extension for SEP: The Executive Officer of the Regional Water Board may extend the SEP deadlines contained in Attachment B of this Stipulated 560
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Order if the Dischargers demonstrate delays from unforeseeable circumstances or circumstances beyond their control, provided that the Dischargers continue to undertake all appropriate measures to meet the deadlines. The Dischargers shall make any deadline extension request in writing. Any approval of an extension by the Executive Officer must be in writing.
8. Regional Water Board Acceptance of Completed SEP: Upon the Dischargers’ satisfaction of their obligations under this Stipulated Order, including SEP completion and any audits, the Executive Officer shall issue a “Satisfaction of Order” terminating any further obligations under this Stipulated Order, permanently suspending the remaining penalty, and resolving the Administrative Civil Liability proceedings.
9. Failure to Expend All Suspended Funds on the Approved SEP: If the Dischargers are unable to demonstrate to the reasonable satisfaction of the Executive Officer that the entire SEP Amount was spent on the completed SEP, the Dischargers shall pay the difference between the SEP Amount and the amount the Dischargers can demonstrate was actually spent on the SEP (Difference). The Executive Officer shall issue a “notice” that requires the Dischargers to pay the Difference to the State Water Pollution Cleanup and Abatement Account within 30 days of the notice issuance date. The Dischargers shall submit payment consistent with the payment method described in Section III, paragraph 1.a. Payment of the Difference shall satisfy the Dischargers’ obligations to implement the SEP.
10.Failure to Complete the SEP: If the SEP is not fully implemented by September 30, 2027, or by the due date if extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated agreement of the Parties, or if the Parties cannot reach agreement, via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Dischargers shall be liable to pay the entire SEP Amount, or, if shown by the Dischargers, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the Dischargers shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Dischargers to pay, the Dischargers shall submit payment consistent with the payment method described in Section III, paragraph 1.a. Payment of the 561
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
assessed amount shall satisfy the Dischargers’ obligation to implement the SEP.
11.Regional Water Board Not Liable: The Regional Water Board and its members, staff, attorneys, and representatives shall not be liable for any injury or damage to persons or property resulting from negligent or intentional acts or omissions by the Dischargers or their directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order. The Regional Water Board, its members, and its staff shall not be held as parties to, or guarantors of, any contract entered into by the Dischargers or their directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order.
12.Compliance with Applicable Laws: The Dischargers understand that payment of administrative civil liability in accordance with the terms of this Stipulated Order and/or compliance with the terms of this Stipulated Order is not a substitute for compliance with applicable laws, and that continuing violations of the types alleged herein may subject it to further enforcement, including additional administrative civil liability.
13.Party Contacts for Communications related to this Stipulated Order:
For the Regional Water Board: For the Dischargers:
Natlie Lee, Environmental Scientist
San Francisco Bay Regional Water
Quality Control Board
1515 Clay Street, 14th Floor
Oakland, CA 94612
[email protected]
(510) 622-2325
Counsel:
Paul Ciccarelli, Attorney IV
State Water Resources Control
Board Office of Enforcement
801 K Street, 23rd Floor
Sacramento, CA 95814
[email protected]
(916) 322-3227
Bradley Harms,
Environmental Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
(510) 307-8094
Counsel:
Shannon Moore, Chief Assistant City
Attorney
Kimberly Chin, Senior Assistant City
Attorney
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
(510) 620-6509
[email protected]
(510) 620-6709
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14.Attorney Fees and Costs: Except as otherwise provided herein, each Party shall bear all attorney fees and costs incurred pursuant to this Stipulated Order.
15.Matters Addressed by this Stipulated Order: Upon the Regional Water Board’s or its delegate’s adoption, this Stipulated Order represents a final and binding resolution and settlement of the alleged violations contained in Section II, paragraph 4, as of the effective date of this Stipulated Order. The provisions of this paragraph are expressly conditioned on the full payment of the administrative civil liability by the deadline specified in Section III, paragraph 1.
16.Public Notice: The Dischargers understand that this Stipulated Order must be noticed for a 30-day public review and comment period prior to consideration by the Regional Water Board or its delegate. If significant new information is received that reasonably affects the propriety of presenting this Stipulated Order to the Regional Water Board or its delegate for adoption, the Prosecution Team may unilaterally declare this Stipulated Order void and decide not to present it to the Regional Water Board or its delegate. The Dischargers agree that they may not rescind or otherwise withdraw their approval of this Stipulated Order.
17.Addressing Objections Raised During Public Comment Period: The Parties agree that the procedure contemplated for public review of this Stipulated Order and the Regional Water Board’s or its delegate’s adoption of this Stipulated Order is lawful and adequate. The Parties understand that the Regional Water Board or its delegate has the authority to require a public hearing on this Stipulated Order. If procedural objections are raised or the Regional Water Board or its delegate requires a public hearing prior to the Stipulated Order becoming effective, the Parties agree to meet and confer concerning any such objections, and may agree to revise or adjust the procedure and/or this Stipulated Order as necessary or advisable under the circumstances.
18.Interpretation: This Stipulated Order shall be construed as if the Parties prepared it jointly. Any uncertainty or ambiguity shall not be interpreted against any one Party. The Parties are represented by counsel in this matter.
19.Modification: The Parties shall not modify this Stipulated Order by oral representation made before or after its execution. All modifications must be in writing, signed by all Parties, and approved by the Regional Water Board or its delegate.
20.If the Stipulated Order Does Not Take Effect: If this Stipulated Order does not take effect because the Regional Water Board or its delegate does not approve it, or because the State Water Resources Control Board (State 563
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Water Board) or a court vacates it in whole or in part, the Parties acknowledge that they expect to proceed to a contested evidentiary hearing before the Regional Water Board to determine whether to assess administrative civil liabilities for the underlying alleged violations, unless the Parties agree otherwise. The Parties agree that all oral and written statements and agreements made during the course of settlement discussions will not be admissible as evidence in the hearing or in any other administrative or judicial proceeding. The Parties agree to waive any and all objections based on settlement communications in this matter, including but not limited to objections related to prejudice or bias of any of the Regional Water Board members or their advisors or any other objections that are premised in whole or in part on the fact that the Regional Water Board members or their advisors were exposed to some of the material facts and the Parties’ settlement positions as a consequence of reviewing this Stipulated Order and, therefore, may have formed impressions or conclusions prior to any contested evidentiary hearing on the violations alleged herein in this matter. The Parties also agree to waive any and all objections based on laches, delay, or other equitable defenses related to the period for administrative or judicial review to the extent this period has been extended by these settlement proceedings.
21.Waiver of Hearing: The Dischargers have been informed of the rights Water Code section 13323, subdivision (b), provides and, if the settlement is adopted by the Regional Water Board or its delegate, hereby waive their right to a hearing before the Regional Water Board prior to the Stipulated Order’s adoption. However, if the settlement is not adopted, or if the matter proceeds to the Regional Water Board or the State Water Board for hearing, the Dischargers do not waive the right to a hearing before an order is imposed.
22.Waiver of Right to Petition or Appeal: Except in the instance where the Stipulated Order is not adopted by the Regional Water Board or its delegate, the Dischargers hereby waive their right to petition the Regional Water Board’s or its delegate’s adoption of the Stipulated Order for review by the State Water Board, and further waive their rights, if any, to appeal the same to a California Superior Court and/or California appellate court.
23.Covenant Not to Sue: The Dischargers covenant not to sue or pursue any administrative or civil claims against the State of California, any State agency, or its officers, Board members, employees, representatives, agents, or attorneys arising out of or relating to any matter expressly addressed by this Stipulated Order. This covenant is not intended to bar and does not limit the Dischargers’ rights to sue over other Regional Water Board orders (e.g., permits or cease and desist orders) or limit the Dischargers’ rights to defend against any additional enforcement or other actions taken by the Regional Water Board or its employees, representatives, agents, or attorneys. 564
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Moreover, this covenant shall not release any claims or complaints against any State agency or the State of California, its officers, Regional Water Board members, employees, representatives, agents, or attorneys to the extent such covenant would be prohibited by California Business and Professions Code section 6090.5 or by any other statute, rule, regulation, or legal principle of similar effect.
24.Necessity for Written Approvals: All approvals and decisions of the Regional Water Board or its delegate under the terms of this Stipulated Order shall be communicated to the Dischargers in writing. No oral advice, guidance, suggestions, or comments from Regional Water Board employees or officials regarding submissions or notices shall be construed to relieve the Dischargers of their obligation to obtain any final written approval this Stipulated Order requires.
25.Authority to Bind: Each person executing this Stipulated Order in a representative capacity represents and warrants that he or she is authorized to execute this Stipulated Order on behalf of, and to bind, the entity on whose behalf he or she executes the Stipulated Order.
26.No Third-Party Beneficiaries: Except for the SEP Implementer’s obligations, this Stipulated Order is not intended to confer any rights or obligations on any third party or parties. No third party or parties shall have any right of action under this Stipulated Order for any cause whatsoever.
27.Severability: This Stipulated Order is severable; if any provision is found to be invalid, the remainder shall remain in full force and effect.
28.Counterpart Signatures and Facsimile and Electronic Signatures: This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document.
Further, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.
29.Effective Date: This Stipulated Order shall be effective and binding on the Parties upon the date the Regional Water Board or its delegate enters the Order incorporating the terms of this Stipulated Order. 565
Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
IT IS SO STIPULATED.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION, PROSECUTION TEAM
Date: By:
Keith H. Lichten
Assistant Executive Officer
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Settlement Agreement and Stipulated Administrative Civil Liability City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
IT IS SO STIPULATED.
CITY OF RICHMOND
Date: By:
Bradley Harms
Environmental Manager
City of Richmond
WEST COUNTY WASTEWATER DISTRICT
Date: By:
Aaron Winer
Director of Water Quality and
Resource Recovery
West County Wastewater District
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ORDER OF THE REGIONAL WATER BOARD
1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein.
2. In accepting this Stipulated Order, the Regional Water Board or its delegate has considered information the Prosecution Team obtained in investigating the allegations set forth in the Stipulated Order or otherwise provided to the Regional Water Board.
3. This is an action to enforce the laws and regulations administered by the Regional Water Board. Issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) in accordance with California Code of Regulations, title 14, section 15321, subdivision (a)(2).
4. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Dischargers fail to perform any of their obligations under this Stipulated Order.
IT IS HEREBY ORDERED pursuant to Water Code section 13323 and Government Code section 11415.60, on behalf of the California Regional Water Quality Control Board, San Francisco Bay Region.
Eileen M. White, P.E. Date
Executive Officer
California Regional Water Quality Control Board
San Francisco Bay Region
Eileen M.
White
Digitally signed by Eileen
M. White
Date: 2026.05.26 20:10:58
-07'00'
568
ATTACHMENT A
Mandatory Minimum Penalties
Dischargers: City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
The following table lists the alleged violations for which the Dischargers are subject to civil liabilities pursuant to Water Code section 13385. The table lists the mandatory minimum penalty (MMP) that applies.
Table 1. List of Alleged Violations
CIWQS
Violation
ID No.
Violation
Date Parameter (units) Group Effluent Limitation
Reported
Value
Percent
Exceedance[1]
Violation
Type MMP[2]
1142171 1/25/2025
Total Suspended Solids (TSS),
Percent Removal, Monthly
Average (%)
1 85 84 -1% C1 $0
1142165 2/1/2025 Total Suspended Solids (TSS),
Weekly Average (mg/L) 1 45 49 8% C2 $0
1142162 2/8/2025
Biochemical Oxygen Demand
(5-day @ 20 Degree Celsius)
(BOD5), Weekly Average (mg/L)
1 45 63 40% C3, S $3,000
1142161 2/8/2025 TSS, Weekly Average (mg/L) 1 45 150 233% >C3, S $3,000 1142160 2/28/2025 TSS, Percent Removal, Monthly
Average (%) 1 85 69 -19% >C3 $3,000
1142163 2/28/2025 BOD5, Monthly Average (mg/L) 1 30 50 67% >C3, S $3,000 1142164 2/28/2025 TSS, Monthly Average (mg/L) 1 30 77 157% >C3, S $3,000 1147931 2/28/2025 BOD5, Percent Removal, Monthly
Average (%) 1 85 79 -7% >C3 $3,000
1143656 4/29/2025 Chlorine, Total Residual (mg/L) 2 1.8 2 26% >C3, S $3,000 1145219 6/21/2025 TSS, Weekly Average (mg/L) 1 45 49 9% >C3 $3,000 569
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
1147884 8/16/2025 TSS, Weekly Average (mg/L) 1 45 80 77% >C3, S $3,000 1147887 8/16/2025 BOD5, Weekly Average (mg/L) 1 45 51 12% >C3 $3,000 1147886 8/19/2025
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 2445 N/A >C3 $3,000
1147885 8/31/2025 TSS, Monthly Average (mg/L) 1 30 40 34% >C3 $3,000 1148886 9/4/2025
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 5370 N/A >C3 $3,000
1151728 1/12/2026
Enterococcus, Not to exceed a
specific limit in more than 10% of
samples within any 30-day period
(MPN/100 mL)
[3] 1100 24196 N/A >C3 $3,000
1151724 1/17/2026 BOD5, Weekly Average (mg/L) 1 45 78 73% >C3, S $3,000 1151726 1/24/2026 TSS, Weekly Average (mg/L) 1 45 47 5% >C3 $3,000 1151723 1/24/2026 Enterococcus, 6-Week Rolling
Average (MPN/100 mL)
[3] 290 416 N/A >C3 $3,000
1151725 1/24/2026 BOD5, Weekly Average (mg/L) 1 45 52 15% >C3 $3,000 1151721 1/31/2026 Enterococcus, 6-Week Rolling
Average (MPN/100 mL)
[3] 290 443 N/A >C3 $3,000
1151722 1/31/2026 BOD5, Monthly Average (mg/L) 1 30 45 50% >C3, S $3,000 1151727 1/31/2026 TSS, Monthly Average (mg/L) 1 30 32 7% >C3 $3,000 Total Mandatory Minimum Penalty: $63,000
Legend:
CIWQS = California Integrated Water Quality System database that the Water Boards use to track violations and enforcement.
Violation ID = Identification number assigned to each permit violation within CIWQS.
C = Count. Number of violations within past 180 days, including this violation. A penalty applies under Water Code section 13385(i) when the count is greater than three (>C3).
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
S = Serious. A penalty applies under Water Code section 13385(h) whenever an effluent limitation is exceeded by 40 percent or more for a Group 1 pollutant or 20 percent or more for a Group 2 pollutant.
Footnotes:
[1] Percent that the reported value exceeds the effluent limitation for a Group 1 pollutant. [2] The MMP required under Water Code section 13385(h) and/or (i). [3] Enterococcus bacteria is not categorized as a Group 1 or Group 2 pollutant.
CIWQS Place IDs: 215234, 252657, 272082
WDID: 2 071037001
571
ATTACHMENT B
Project Description for
Supplemental Environmental Project (SEP) for
Richmond Watershed Rangers Program
1. Project Name
Richmond Watershed Rangers Program
2. Project Amount
$39,000 based on the following:
· $6,500 per class project
· 6 class projects during the 2026 – 2027 school year
3. Project Lead
Earth Island Institute/KIDS for the BAY
KIDS for the BAY is a project of Earth Island Institute (the fiscal sponsor), 501(c)(3) organization.
4. Contacts
Mandi Billinge, Executive Director, KIDS for the BAY,
[email protected], (510) 734-3835
5. Project Description
KIDS for the BAY coordinates and supervises watershed stewardship and trash cleanup projects with local schools on a class-by-class basis. Students perform projects with assistance from their teachers and families, and the primary goal of each project is trash removal from nearby neighborhoods, parks, and waterways (e.g., creeks, lakes, bay and delta shorelines). In the process, KIDS for the BAY raises awareness of watershed health and social behavior that contributes to non-point source pollution.
The Watershed Rangers Program prioritizes projects in disadvantaged and environmental justice communities, as encouraged by the State Water Resources Control Board’s (State Water Board) SEP Policy1 and further discussed in sections 6 and 7. This project serves under-resourced schools in the City of Richmond with more than 50 percent low-income students.
A. Project Components. KIDS for the BAY oversees each class project, of which there are four components: (1) two orientations, (2) a school neighborhood survey and trash cleanup, (3) a watershed habitat/urban open space trash cleanup in an area near the school location, and (4) a creek or Bay field trip and trash cleanup, as described below:
1 State Water Resources Control Board Policy on Supplemental Environmental Projects, December 5, 2017.
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
1. Orientation. KIDS for the BAY’s orientations for each class prepare participants (e.g., students, teachers, parent chaperones) for project work and cover background education, planning field activities and logistics, and safety.
a. Background. Participants learn about the San Francisco Bay-Delta watershed, including how school neighborhoods connect with water (storm drain system, local creeks, the Bay, and the Pacific Ocean) and how pollutants in stormwater enter and impact this system.
Emphasis is placed on water as a precious resource, the benefits of healthy watershed ecosystems to people and wildlife, and citizen actions that protect and improve water quality in their communities, such as by practicing the Five Rs (Reduce, Reuse, Recycle, Rot, and Refuse) to reduce trash, waste, and pollution in the San Francisco Bay watershed.
b. Planning. Participants prepare for field activities and discuss logistics. KIDS for the BAY Educators explain procedures for conducting a neighborhood survey and picking up trash (e.g., using tongs, separating waste from recyclable materials), record keeping (e.g., identifying locations of storm drains and trash hotspots, documenting the types and volume of trash removed), and disposal or recycling processes. KIDS for the BAY Educators provide guidelines for project logistics that are finalized in close coordination with the classroom teacher to include school logistics (parental consent forms, buddy or staying together plans, parent volunteers, etc.).
c. Safety. Students receive training on safe field practices that include staying in the public right-of-way (e.g., walking on sidewalks, not trespassing on residential property) and not handling certain types of wastes that may be encountered (e.g., chemical containers, hypodermic needles, sharp objects). Some sharp objects, such as broken glass, may be removed safely by an adult (KIDS for the BAY Educator, class teacher, or parent volunteer).
2. School Campus and Neighborhood Survey and Trash Cleanups.
Students implement a school campus and neighborhood survey and trash cleanup under KIDS for the BAY direction and supervision. From a walking tour of the school campus and neighborhood, students will identify the number and location of storm drains and the location of any trash hotspots. Trash encountered along the way will be picked up, categorized, counted and recorded on the neighborhood survey sheets provided by KIDS for the BAY. Campus and neighborhood surveys and trash cleanups will take approximately two hours to complete. KIDS for 573
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
the BAY will dispose of the trash collected at an authorized disposal or recycling facility, such as the school waste management service or a local city waste management center.
KIDS for the BAY will coordinate school campus and neighborhood surveys and trash cleanup with local municipalities. The locations and contents of significant trash hotspots beyond the scope of the Watershed Rangers Program (e.g., large accumulations of trash, illegally dumped large items, trash containing unsafe materials such as hazardous waste, drug paraphernalia) will be reported to local agencies and city services to request cleanup. Students will calculate the total number of gallons of trash collected over the surveyed area and share results with the local Clean Water Program.
3. Watershed Habitat Trash Cleanup. KIDS for the BAY, students, and the classroom teacher will identify (i.e., adopt) a watershed habitat in an urban open space area within walking distance of the school. This area may be a localized area where trash collects (e.g., at a local park, creek, lake, or section of Bay shoreline). If no urban open space area is available within the local watershed, a storm drain grate or collection of storm drains in the neighborhood may be selected. KIDS for the BAY will oversee and supervise the watershed habitat trash cleanup.
Each participating class will take a walking field trip to clean up trash at the watershed habitat location. Trash will be picked up, categorized, and counted, and students will calculate the total number of gallons of trash collected and share results with the local Clean Water Program.
The same safety rules for trash cleanup beyond the scope of the Watershed Rangers Program apply here as set forth above.
KIDS for the BAY will coordinate additional activities in conjunction with the trash cleanup to help students connect with their watershed habitat or to improve community outreach. For example, activities may include increasing connections with the habitat through a sound map, “meeting” the creek, “meeting” a tree, etc. Through these activities, students will observe, study, explore, and connect with the components of a natural watershed habitat. The “Five Rs Relay Race” activities will teach students about using the Five Rs to reduce trash and waste at the source.
4. Creek, Lake, Bay, or Delta Habitat Trash Cleanup. KIDS for the BAY will oversee and supervise a field trip for each participating class to visit a creek, lake, bay, or delta habitat and clean up trash. Trash will be picked up, categorized, and counted, and students will calculate the total number of gallons of trash collected and share results with the local Clean Water Program. The same safety rules for trash cleanup beyond the scope of the Watershed Rangers Program apply here as 574
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
set forth above. The cleanup will take approximately one hour to complete. KIDS for the BAY will dispose of the trash collected at an authorized disposal or recycling facility, such as the school waste management service or a local city waste management center.
KIDS for the BAY will coordinate additional activities during this trip to help students learn about and connect with aquatic habitats and ecosystems (e.g., a bay scavenger hunt, short nature hike activity).
Students will observe, study, explore, and connect with the components of a natural watershed habitat. Students will complete the Watershed Rangers Program by pledging to make behavior changes, including not littering and practicing the Five Rs to reduce trash and waste in their watershed. Students will write their pledges on environmental pledge cards provided by KIDS for the BAY. They will then share their pledge cards with their classmates and families.
B. Reporting. Once the project start date is determined with the participating school and class, quarterly progress reports will be submitted along with one completion report at the end of the final school year. Table 1 provides the timing and schedule of project activities and due dates for these reports.
Reports will document the trash cleanups and other activities described in the project components and record progress toward project completion.
The reports will also cover expenditure justifications (invoices, hourly rates, time sheets, etc.) and project performance measures. Table 1 lists elements of the quarterly reports and the completion report. The Dischargers will submit reports electronically to the following contacts at the San Francisco Bay Regional Water Quality Control Board:
Kerry O’Connor
[email protected]
(510) 622-2460
James Parrish
[email protected]
(510) 622-2381
6. Compliance with SEP Criteria
Trash cleanup is consistent with the Water Boards’ mission to preserve, enhance, and restore the water quality and beneficial uses (BUs) of San Francisco Bay and its tributaries. Trash is an environmental pollutant regulated by U.S. EPA National Pollutant Discharge Elimination System (NPDES) permits under a municipal regional stormwater permit and statewide industrial and construction stormwater permits. The Watershed Rangers Program does not replace others’ responsibilities for trash management or cleanup but, rather, is intended to provide third-party assistance in reducing the impact of a social issue.
The Watershed Rangers Program is primarily a pollution reduction SEP; 575
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
however, project components also include elements of an assessment and audit SEP and an environmental restoration and protection SEP. · Pollution Reduction SEP – Trash cleanup decreases the amount of waste and pollutants discharging to streams and the Bay. · Assessments and Audits SEP – The identification and reporting of trash hotspots to municipalities through a neighborhood survey and the adoption of a local watershed habitat for monitoring and cleanup are a form of environmental quality assessment and study or monitoring program.
· Environmental Restoration and Protection SEP – Trash cleanup at a creek or Bay is nonpoint source program implementation that benefits surface water quality and ecosystems.
7. SEP Policy Support
A SEP must directly benefit or study groundwater or surface water quality or quantity and the BUs of the waters of the State. This project meets this criterion through pollution reduction and assessment that contributes to environmental restoration and protection (see item 6, above). The SEP Policy encourages projects (like the Watershed Rangers Program) that serve disadvantaged and environmental justice communities. This program targets areas where trash is prevalent, cleanup resources are limited, and local communities may be less informed about or engaged with environmental protection and watershed stewardship. KIDS for the BAY has more than 30 years of experience serving disadvantaged and environmental-justice communities by partnering with low-income, urban elementary schools in lowincome, environmental-justice communities, including in the following school districts: Oakland Unified, West Contra Costa Unified, San Leandro Unified, Hayward Unified, Pittsburg Unified, Martinez Unified, and Mount Diablo.
KIDS for the BAY programs address environmental health and justice issues that affect the communities they partner with, including urban creek and watershed health, pollution, trash and waste, and access to nature. A goal of KIDS for the BAY is equitable access to environmental education and stewardship opportunities for all children, including English Language Learners. Diversity, equity, and inclusion are key guiding principles of KIDS for the BAY programs. To better serve communities, KIDS for the BAY provides internal professional development for staff and strives to develop culturally literate, multicultural environmental leaders. KIDS for the BAY staff receive annual training in diversity, equity, and inclusion; environmental justice; culturally responsive class management; and supporting English language learners. The KIDS for the BAY website’s list of staff alumni includes many women as well as 75 percent who identify as people of color. 576
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During its 30-year history, KIDS for the BAY has helped to develop a new generation of leaders in environmental education and stewardship.
8. Above and Beyond Discharger’s Obligations
This SEP provides no direct benefit to the West County Wastewater District and City of Richmond and Richmond Municipal Sewer District No. 1. The Dischargers have no obligation to provide financial or other support for this project, will receive no direct or indirect benefit for this effort, and will not direct or exercise any control over the project.
9. No Benefit to the Water Board Functions, Members, or Staff This SEP provides no direct fiscal benefit to the Regional Water Board’s functions, its members, its staff, or any family of its members or staff.
10.Nexus to Nature or Location of Violations
Trash is prevalent throughout the San Francisco Bay, and trash cleanup projects have a broad nexus to violations of stormwater permits and other types of violations or discharges that threaten to impair the water quality of San Francisco Bay. Trash cleanups will occur in a San Francisco Bay-Delta watershed and help protect San Francisco Bay water quality and BUs by reducing trash inflow.
11.Project Maintenance
While the project will be completed by the end of the school year, KIDS for the BAY has a separate teacher-training program that provides additional opportunities to the participating classrooms outside this SEP. To provide ongoing support for teachers and continue advancing KIDS for the BAY’s mission, KIDS for the BAY staff follow up with partner teachers the year after their participation in the Watershed Rangers Program to review any lessons learned and address the status of the watershed habitat. Staff will invite teachers to participate in a separate program (Blue Watershed Classrooms teacher follow-up support program) to further develop a watershed-friendly, zero-waste classroom and to continue trash cleanup projects in the school neighborhood and at the adopted watershed habitat.
12.California Environmental Quality Act (CEQA) Compliance This is an environmental stewardship, trash cleanup, and monitoring program for elementary school students and is categorically exempt from CEQA (Cal.
Code Regs. Tit. 14, section 15301(h),(i) and section 15333).
13.Project Milestone, Schedule, and Budget
Table 1 lists the primary project milestones, deliverables, and schedule.
Table 2 includes the projected cost for each milestone. 577
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Table 1. Project Milestones and Deliverables
Due Date Task Description Deliverable
November 30, 2026 Project planning: Complete outreach to applicable school districts and engage individual classrooms (teachers). Meet with teachers to set project schedules, sign Letters of Agreement, and distribute informational materials.
None
February 28, 2027 Milestone 1: Complete project orientations (Item 5.A.1) and neighborhood survey and trash cleanup (Item 5.A.2)
components. Documentation shall include:
1. Narrative description of activities with photographs, including “before and after” photos of trash clean up
areas;
2. Google map (or equivalent) showing locations of
survey area, trash cleanup areas, and any trash
hotspots;
3. Table listing the total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of trash disposal and recycling centers used; and
6. Account for expenditures.
Quarterly Report 1
April 30, 2027 Milestone 2: Complete the watershed habitat project component (Item 5.A.3). Documentation shall include:
1. Narrative description of activities in the local watershed habitat with photos, including “before and after” photos of trash cleanup areas;
2. Google map (or equivalent) showing locations of the
trash cleanup areas and any trash hotspots;
3. Table listing total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of any trash disposal and recycling
centers used; and
6. Account for expenditures.
Quarterly Report 2
July 30, 2027 Milestone 3: Complete the creek or Bay trash cleanup project component (Item 5.A.4). Documentation shall include:
1. Narrative description of activities in the habitat with photos, including “before and after” photos of trash
cleanup areas;
2. Google map (or equivalent) showing locations of the
trash cleanup areas and any trash hotspots;
3. Table listing total gallons of trash collected by type;
4. Documentation that trash hotspots were reported to the appropriate local agency and city services for cleanup;
5. Identification of any trash disposal and recycling
centers used; and
6. Account for expenditures.
Quarterly Report 3
September 30, 2027 Completion Report: Submit final report with the following elements:
1. Summary of project components reported previously
and any new or updated information about trash
cleanups and other activities;
2. Discussion of whether and how the project
Completion Report
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Due Date Task Description Deliverable
performance measures described in section 15, below,
were met, including information on compliance with the
project schedule and budget, and/or challenges and
reasons for deviations;
3. Table listing trash cleanup data for the entire project, including total gallons removed by type;
4. Google map identification of all locations where trash cleanups occurred;
5. Identification of locations where city services were requested and, if known, completed; and
6. Final post-project accounting of expenditures as
described in section 14, below.
7. Certification by a responsible official, signed under penalty of perjury, that the Dischargers completed the
SEP in accordance with the terms of this Stipulated
Order, as described in sections 3.b. and 6 of the
Stipulated Order and section 16, below.
Table 2. Project Budget by Milestone
Position Title & Other Line Items Hourly Rate Hours Cost Milestone One & Project Planning
Executive Director
Program Manager/Environmental Educator
Program Environmental Educators
Communications Coordinator
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone One Subtotal
$78
$36
$32
$38
16 48
235
18 $1,248
$1,728
$7,520
$684
$1,118
$1,118
$13,416
Milestone Two
Executive Director
Program Manager/Environmental Educator
Program Environmental Educators
Communications Coordinator
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone Two Subtotal
$78
$36
$32
$38
12 20
96 16
$936
$720
$3,072
$608
$534
$534
$6,404
Milestone Three & Completion Report
Executive Director
Education Manager
Program Manager/Educator
Program Educators
Travel – Field Trip Buses
KIDS for the BAY overhead costs
Earth Island 15% fiscal sponsor fees
Milestone Three Subtotal
$75
$38
$32
$36
22 36
96 24
$1,716
$1,296
$3,072
$912
$9,000
$1,600
$1,600
$19,196
TOTAL COST $39,016
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
Budget Narrative
This project budget is for six third-, fourth-, or fifth grade classes of students, their teachers, and volunteer family members to complete the Watershed Rangers Program at a cost of $6,500 per class for one school year.
14.Final Account of Expenditures
The Dischargers will track all costs and include financial data with quarterly reports. The Dischargers will also provide the Regional Water Board with a completion report, submitted under penalty of perjury, that declares SEP completion, addresses how the expected performance measures for the project were met (see section 16), and provides a final accounting of SEP expenditures, as required by Stipulated Order Section III, paragraphs 3.b and 6.
15.Extension if Necessary
The SEP Completion Date is the due date of the final report unless the Executive Officer approves an extension. If an extension is granted, it shall also apply to the reports to the Regional Water Board. If an extension is necessary, KIDS for the BAY shall submit a written request for such an extension to the Regional Water Board’s Executive Officer and shall provide the justification for the delay as required by the Stipulated Order at section III.7.
16.Project Performance Measures
The SEP must achieve all the following performance measures to be deemed complete:
1. Milestone 1: Submit signed teacher contracts and schedules of activities, collect at least five gallons2 of trash for each trash cleanup, submit survey results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
2. Milestone 2: Register adopted watershed habitat, collect at least five gallons2 of trash cleaned up from each adopted watershed habitat per class, submit survey results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
3. Milestone 3: Complete creek or Bay field trip, collect at least five gallons2 of trash for each creek or Bay habitat cleanup, submit survey 2 The number of gallons of trash collected for each cleanup will be around 5 - 20 gallons depending on conditions. The total number of gallons of trash collected for the three locations for each class will be from around 15 - 60 gallons per class, for a total of approximately 250 - 1,000 gallons of trash.
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Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of Richmond and Richmond Municipal Sewer District No. 1 West County Wastewater District
results to the city Clean Water Program, and identify and report the location of any trash hotspots to city services for requested cleanup as applicable.
4. Completion Report: Submit all deliverables to the Regional Water Board meeting the requirements and deadlines set forth in Table 1.
Report will include project completion description and how performance measures were met; total trash cleanup summary table for all locations, including total gallons removed; Google map identifying all locations; a summary of city services provided as applicable; and final accounting of expenditures.
The Dischargers will electronically submit all quarterly reports and the completion report to the following contacts:
Kerry O’Connor
[email protected]
(510) 622-2460
James Parrish
[email protected]
(510) 622-2381
San Francisco Bay Regional Water Quality Control Board
1515 Clay Street, 14th Floor
Oakland, CA 94612
581
June 23, 2026
Public Works
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works – Operations & Maintenance
Hugo Mendoza, Public Works Abatement Division
Superintendent
Subject: May 2026 Abatement Report
FINANCIAL IMPACT: There is no fiscal impact for receiving this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The Public Works Department is presenting the May
2026 Abatement Presentation, summarizing illegal
dumping removal, encampment abatement, graffiti
removal, and related mitigation activities conducted
Citywide.
RECOMMENDED ACTION: RECEIVE a report on the May 2026 abatement activities – Public Works Department (Daniel Chavarria 510-620-
5478/Darin Fitzpatrick 510-231-3044/Hugo Mendoza
510-231-3030).
AGENDA
REPORT
582
June 23, 2026
DISCUSSION:
On a monthly basis, the Public Works Department provides the City Council with a report outlining the activities of the Abatement Division. The Division is responsible for addressing illegal dumping, encampment abatement, graffiti removal, weed abatement, vehicle and vessel dismantling, conducting neighborhoods dumpster days, and other nuisance abatement activities within the public right-of-way and, when authorized, on private property.
May 2026 abatement activities included:
Neighborhood Dumpster Days
o Collected 38 debris dumpsters and six (6) recycling dumpsters o Assisted 160 seniors and disable citizens from Belding Woods, May Valley, El Sobrante, Quail Hill, Greenbrier, Hasford Heights, and Greenridge Heights neighborhoods
Illegal Dumping
o Removed 205.24 tons of illegally dumped material
o Targeted primary locations including North Castro Street, South 2nd Street, 5th Street and Bissell Avenue, 2nd Street and Chanslor Avenue, and other recurring hotspot corridors city-wide
o Disposed of specialized waste, including 252 mattresses, 167 tires, and 160 gallons of paint/oil
Encampment Abatement
o Abated 28 encampment locations, removing 34.72 tons of debris o Notable locations included: Greenway/Rear Macdonald 80 Shopping Center and San Pablo Avenue, 12th Street and Nevin Avenue, Juliga Woods Street, North Castro Street under Parkway and Macdonald Avenue Corridor Weed Abatement
o Abated weeds from 14 locations including City-owned vacant lots and public right-of-ways
Graffiti Removal
o Removed 96 graffiti tags during the month
o Addressed graffiti on residential fencing, utility boxes, and public infrastructure at multiple citywide locations
Private property Abatement
o Abated weeds and debris from a nuisance private property through a warrant from Code Enforcement
o Coordinated with partner agencies, including Coordinated Outreach Referral Engagement (CORE), California Department of Transportation (Caltrans), Republic Services, and Sims Metal, on encampment response and Dumpster Days
583
June 23, 2026
The attached report also includes year-to-date comparisons, monthly tonnage tracking, staff hour summaries, hotspot mapping, and partner coordination details, providing transparency into operational workload and service trends.
DOCUMENTS ATTACHED:
Attachment 1 – May 2026 Abatement Report
584
PUBLIC
WORKS/ABATEMENT
MAY 2026
ABATEMENT UPDATE
JUNE 23, 2026
585
NEIGHBORHOOD
DUMPSTER DAYS
(3)
BELDING WOODS
MAY VALLEY/EL SOBRANTE
GREENBRIER
QUAIL HILL
HASFORD HEIGHTS
GREENRIDGE HEIGHTS
38 DUMPSTERS – 70.8 TONS
6 RECYCLING DUMPSTERS
586
NEIGHBORHOOD
DUMPSTER DAYS
(3)
BELDING WOODS
MAY VALLEY/EL SOBRANTE
GREENBRIER
QUAIL HILL
HASFORD HEIGHTS
GREENRIDGE HEIGHTS
38 DUMPSTERS – 70.8 TONS
6 RECYCLING DUMPSTERS
587
160
SENIORS/DISABLED
PERSONS ASSISTED
(27.7 TONS)
BELDING WOODS
MAY VALLEY/EL SOBRANTE
GREENBRIER
QUAIL HILL
HASFORD HEIGHTS
GREENRIDGE HEIGHTS
588
ILLEGAL DUMPING
Bissell Avenue and 9th Street 589
ILLEGAL DUMPING
Hensley Avenue and Castro Street
590
ILLEGAL
DUMPING
Meeker Avenue
South 2nd Street
591
ILLEGAL DUMPING:
167 TIRES
252 MATTRESSES
160 GALLONS OF PAINT/OIL
MATTRESSES – 2ND AND CHANSLOR AVE
PAINT/OIL – CITYWIDE
TIRES – VERNON AVENUE
592
MATTRESSES COLLECTED PER MONTH (APRIL)
190
200
210
220
230
240
250
260
2022 May 2023 May 2024 May 2025 May 2026 May
593
ILLEGAL DUMPING TOTAL COST PER MONTH – 2026*
$110,000.00
$115,000.00
$120,000.00
$125,000.00
$130,000.00
$135,000.00
*Includes Labor and Equipment 594
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2026
0 50
100
150
200
250
January February March April May June July
595
Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.80 2023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.08 2024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.62 2025 280.88 176.79 162.83 231.33 207.63 185.16 174.05 200.3 202.64 204.01 199.00 192.15 2417.77 2026 191.29 203.34 198.89 236.1 205.24 1034.86
Illegal Dumping (Tons) YTD Comparison
596
ENCAMPMENT
ABATEMENT (28)
34.72 Tons removed
North Castro Street/Parkway
Underpass 597
ENCAMPMENTS ABATEMENT
REAR OF 1000 ESSEX AVENUE AND FACTORY STREET
598
ENCAMPMENTS TONNAGE COLLECTED PER MONTH - 2026
0 5
10 15
20 25
30 35
40 599
ENCAMPMENTS TONNAGE COLLECTED PER MONTH (MAY)
0 5
10 15
20 25
30 35
40 2022
May
2023
May
2024
May
2025
May
2026
May
600
GRAFFITI REMOVAL
96 Tags Removed
66 Locations
601
GRAFFITI REMOVAL
602
GRAFFITI TAGS REMOVED PER MONTH (MAY)
0 50
100
150
200
250
300
350
2022
May
2023
May
2024
May
2025
May
2026
603 May
May Stats 2023 2024 2025 2026 2023 2024 2025 2026
Illegal Dumping 186.65 286.9 207.63 205.24 1058.5 1187.25 1059.36 1034.89 • Mattresses 218 238 215 252 1016 1126 1117 1176
• Tires 194 346 291 167 1003 1014 1077 1173
Encampments 6 11 23 28 28 49 87 114
• Tons 8.67 25 36.92 34.72 122.93 80.93 227.28 115.37
Graffiti Locations 102 104 158 66 463 552 694 463
• Tags 224 212 290 96 1072 839 1258 928
YTD
604
WEED ABATEMENT (14
LOCATIONS)
605
WEED ABATEMENT
WEST OHIO AVENUE
CASTRO STREET CITY OWNED
LOTS
606
1 PRIVATE PROPERTY
ABATED (WARRANT)
2400 BLOCK OF MARICOPA
AVENUE.
607
MISCELLANEOUS:
WALKWAYS CLEAN-UP
PARKING GARAGE RESECURE
WATER DRAINS SECURING
K-RAILS PLACEMENT
608
ABATEMENT STAFF HOURS
Illegal Dumping 1396
Encampment Removal 170
Graffiti Abatement 118
North Richmond Mitigation 40
Weeds/leaves Abatement 112
Fencing, Private Board Ups & Clean-Ups 44
Seniors Assistance 118
Leave 190
Management 290
Transport/Misc.* 42
Total 2520
May Hours
Illegal Dumping
Encampment Removal
Graffiti Abatement
North Richmond Mitigation
Weeds/leaves Abatement
Transport/Misc*
Board Ups/Clean Ups/Fencing
Seniors Assistance
Transport/Misc. includes staff hours for removal of debris Management from vehicles, Point Molate trash removal, hazardous waste facility disposal, and Vehicle dismantling. 609
on
IRON TRIANGLE BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO
N VILLAGE
Dim
St RICHMORE VILLAGEMETRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK 80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY POINT
RICHMOND
PANHAND
LE ANNEX
RICHMO
ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE
ST ANNEX
0 1/4
1/21 Miles El
Cerrito Plz
ALBANY
610
PARTNERSHIPS
611
June 23, 2026
Public Works
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works/City Engineer
Gail Payne, Senior Transportation Planner
Janney Lockman, Associate Transportation Planner
Subject: Accept the Automated Transit Network Feasibility Study FINANCIAL IMPACT: The Automated Transit Network Feasibility Study is funded by Environmental and Community Investment
Agreement (ECIA) funds and is included in the approved
Fiscal Year 2025-2026 Public Works (11736031-400532-
23074), City staff are requesting that the remaining
balance of approximately $100,000 be directed toward
the installation of solar lighting along bus routes,
consistent with ECIA funding purposes. There is no
impact to the General Fund.
PREVIOUS COUNCIL
ACTION:
December 19, 2023
June 17, 2025
STATEMENT OF THE
ISSUE:
The City Council previously directed City staff to evaluate whether an Automated Transit Network (ATN) could
serve the mobility needs of Richmond residents and
workers. The completed feasibility study evaluates the
potential benefits, implementation strategies, and risks of a possible ATN system. City staff are now requesting
directions to use the remaining study funds,
approximately $100,000, to install solar lighting along bus routes, consistent with Environmental and Community
Investment Agreement (ECIA) funding purposes.
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT the report on the City of Richmond Automated Transit Network Feasibility Study,
including the preliminary concept alternatives and
planning-level capital cost ranges; APPROPRIATE the
remaining funds to install solar lighting along bus routes, AGENDA
REPORT
612