538-080-037 Barrett Ave Other 0 Exempt Surplus Land 0.01 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Sidewalk and front
yard
RICHMOND - 2021 161
538-132-005 315 Harbour Way Other 0 Surplus Land 0.14 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #14
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
RICHMOND - 2021 162
538-132-006 921 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 163
538-132-009 909 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 164
538-132-010 907 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 165
538-132-014 Macdonald Ave Vacant 0 Surplus Land 0.12 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #14
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
RICHMOND - 2021 166
538-162-011 315 Macdonald Ave Commercial 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 167
538-162-012 313 Macdonald Ave Commercial 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
538-171-001 Nevin Ave Vacant 0 Surplus Land 0.33 The vacant property was transferred to the City of
Richmond on April 21,
2020. The site was
previously intended to be
developed into a small 20-
unit housing project. The
property is not being
utilized by the City for any
governmental purposes
and is suitable for future
development.
RICHMOND - 2021 168
538-172-007 113 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 169
538-172-008 111 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
538-231-045 700 Macdonald Ave Other 0 Exempt Surplus Land 0.22 Government Code § 54221(f)(1)(E) Surplus land
that is a former street, right
of way, or easement, and is
conveyed to an owner of an
adjacent property - Street
Abatement/Odd Shape
RICHMOND - 2021 170
538-250-001 800 Macdonald Ave Vacant 0 Surplus Land 0.13 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #14
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
RICHMOND - 2021 171
538-250-002 810 Macdonald Ave Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 172
538-250-004 824 Macdonald Ave Other 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 173
538-250-012 8th St Vacant 0 Surplus Land 0.19 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #14
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
RICHMOND - 2021 174
538-260-009 920 Macdonald Ave Other 0 Surplus Land 0.21 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #14
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
538-350-043 45 1st St Other 0 Surplus Land 0.31 Subject property is currently utilized by Happy
Lot Farm and Garden. The
site is in current temporary
use, however not
necessary for the City's
long-term use and is
suitable for affordable
housing.
RICHMOND - 2021 175
538-350-044 1st St Vacant 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 176
538-350-045 1st St Vacant 0 Exempt Surplus Land 0.07 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 177
540-082-030 Macdonald Ave Other 0 Exempt Surplus Land 0.07 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Sidewalk Sliver
540-150-006 269 16th St Vacant 0 Surplus Land 0.13 Subject property is a vacant parcel. The property is not
being utilized by the City for
any governmental purposes
and is suitable for future
development.
RICHMOND - 2021 178
540-160-029 16th St Vacant 0 Exempt Surplus Land 0.01 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Sidewalk Sliver
RICHMOND - 2021 179
540-340-019 Ohio Ave Other 0 Exempt Surplus Land 0.07 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Bike/Walking Path
RICHMOND - 2021 180
540-480-145 Barrett Ave Other 0 Exempt Surplus Land 0.03 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Pump Station
RICHMOND - 2021 181
556-122-001 Nevada Ave Other 0 Exempt Surplus Land 0.21 54221(c) (1) Except as provided in paragraph (2),
“agency’s use” shall
include, but not be limited
to, land that is being used,
is planned to be used
pursuant to a written plan
adopted by the local
agency’s governing board
for, or is disposed to
support pursuant to
subparagraph (B) of
paragraph (2) agency work
or operations, including, but
not limited to, utility sites,
watershed property, land
being used for conservation
purposes, land for
demonstration, exhibition,
or educational purposes
related to greenhouse gas
emissions, and buffer sites
near sensitive
governmental uses,
including, but not limited to,
waste water treatment
plants.
556-151-001 Scenic Ave Public Facilities 0 Exempt Surplus Land 0.39 Government Code § 54221(f)(1)(E) Surplus land
that is a former street, right
of way, or easement, and is
conveyed to an owner of an
adjacent property -Slope
Easement/Dornan Tunnel
RICHMOND - 2021 182
556-152-001 Garrard Blvd Vacant 0 Exempt Surplus Land 0.04 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Street/Sidewalk
Park
RICHMOND - 2021 183
556-163-008 Fern Park Pl Public Facilities 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 184
556-163-009 Fern Park Pl Public Facilities 0 Exempt Surplus Land 0.05 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 185
558-083-001 Vine Ave Public Facilities 0 Exempt Surplus Land 0.03 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Street Island
RICHMOND - 2021 186
558-193-005 Pacific Ave Vacant 0 Exempt Surplus Land 0.07 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article.
RICHMOND - 2021 187
560-100-004 Regatta Ave Public Facilities 0 Exempt Surplus Land 0.03 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Not suitable for
housing
RICHMOND - 2021 188
560-181-066 Marina Bay Pkwy Other 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Pump Station
560-531-006 Marina S Way Vacant 0 Exempt Surplus Land 0.51 Government Code § 54221(f)(1)(E) Surplus land
that is a former street, right
of way, or easement, and is
conveyed to an owner of an
adjacent property - Regatta
, remnant pieces
560-532-001 Marina S Way Vacant 0 Exempt Surplus Land 0.79 Government Code § 54221(f)(1)(E) Surplus land
that is a former street, right
of way, or easement, and is
conveyed to an owner of an
adjacent property - Regatta
, remnant pieces
RICHMOND - 2021 189
560-710-001 Northshore Dr Vacant 0 Surplus Land 4.51 The Intended use for this property is sited in the
Oversight Board to the
Successor Agency to the
Richmond Community
Redevelopment Agency's
LRMP Property Profile #25
is disposition and
development consistent
with the City's General Plan
and Zoning Ordinance, the
former Redevelopment
Plan, the Former Agency's
Five Year Implementation
Plan, and other planning
and feasibility documents
developed by the Former
Agency. Per CA Gov Code
Section 54221, surplus land
includes land that has been
designated in the LRPMP
either for sale or for future
development but does not
include any specific
disposal of land to an
identified entity described in
the plan.
561-070-023 Richmond Beltline Other 0 Exempt Surplus Land 0.15 Government Code § 54221(f)(1)(J) Real property
that is used by a district for
agency’s use expressly
authorized in subdivision -
Terminal 4 - Port Property
RICHMOND - 2021 190
561-120-001 Gularte Ave Vacant 0 Exempt Surplus Land 0.55 Adjacent to Chevron Chemical Company,
Richmond Facility pond
sites. The adjacent site is
known or reasonably
suspected to be
contaminate above
appropriately protective risk
based levels for
groundwater, Subsurface
water sediment, surface
soil and subsurface soil. -
housing infeasible
561-120-011 Gularte Ave Vacant 0 Exempt Surplus Land 0.04 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Adjacent Uses
makes housing infeasible
<3,750 SF
RICHMOND - 2021 191
561-130-011 Castro St Public Facilities 0 Exempt Surplus Land 0.06 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Richmond Bay
Trail
561-144-002 Vernon Ave Vacant 0 Surplus Land 5.2 Subject property is a remnant parcel from the
construction of the Castro
Street to Richmond
Parkway interchange. The
property is vacant with a
water drainage feature on
the western portion of the
property. The remainder of
the property is not being
utilized by the City for any
governmental purposes
and is suitable for future
development.
RICHMOND - 2021 192
561-145-002 Castro St Public Facilities 0 Exempt Surplus Land 0.04 Government Code § 54221(f)(1)(B) Surplus land
that is (i) less than 5,000
square feet in area, (ii) less
than the minimum legal
residential building lot size
for the jurisdiction in which
the parcel is located [3,750
square feet], or 5,000
square feet in area,
whichever is less, or (iii)
has no record access and
is less than 10,000 square
feet in area; and is not
contiguous to land owned
by a state or local agency
that is used for open-space
or low- and moderate-
income housing purposes.
If the surplus land is not
sold to an owner of
contiguous land, it is not
considered exempt surplus
land and is subject to this
article. - Richmond Bay
Trail
561-321-001 Castro St Public Facilities 0 Exempt Surplus Land 0.35 Government Code § 54221(f)(1)(E) Surplus land
that is a former street, right
of way, or easement, and is
conveyed to an owner of an
adjacent property -
Remnant from Caltrans
RICHMOND - 2021 193
2021 RICHMOND Housing Element Annual Progress Report
LEAP Reporting (CCR Title 25 �6202)
Total Award Amount 500,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Task Status Other Funding Notes
Hilltop Specific Plan 500,000.00 .00 In Progress Other PDA Planning Grant RICHMOND - 2021 194
March 15, 2022
Finance Department
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Belinda Brown, Director of Finance
Delmy Cuellar, Accounting Manager
Subject:
Contract with Debtbook for Debt and Lease Management
Software
FINANCIAL IMPACT: Funding is included in the FY 2021-2022 Finance Department budget for $13,500 (01175715-400201).
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Finance Department is seeking approval to purchase
debt and lease management software to aid staff in
meeting Governmental Accounting Standards Board
(GASB) reporting requirements.
RECOMMENDED ACTION:
APPROVE the purchase of DebtBook software using the
National Cooperative Purchasing Alliance (NCPA)
contract, to aid the City in meeting Governmental
Accounting Standard GASB 87 – Accounting for Leases,
in an amount not to exceed $13,500, for a term of one
year beginning March 16, 2022 through March 15, 2023,
with a possible two year extension, for a total contract amount not to exceed $40,500 – Finance Department
(Belinda Brown 510-620-6740/Delmy Cuellar 510-620-
6790).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
Every year, the Governmental Accounting Standards Board (GASB) issues new accounting standards that affect how the City reports its financial information. A new standard, GASB 87, was issued to put the value of leases that a government has on its balance sheet and amortize those leases over the term of the lease. The standard applies to any lease agreement where the present value of the future lease payments is greater than $5,000. It also applies to leases, regardless of whether the City is the lessee or lessor. The only exception is if both parties can terminate the lease within one year. If the lease can be terminated within one year, the lease is considered short-term, and short-term leases are not subject to this standard. GASB 87 also requires the City to work with the vendors to determine the implicit interest rate they are charging on the leases. If the vendor cannot provide the implicit interest rate, the City needs to use the lessee's incremental borrowing rate.
This software also comes with the ability to track the City debt at no additional cost.
Currently, the City's debt is tracked in several spreadsheets, and all debt-related documents are stored on a City’s network drive. This software will allow much more dynamic debt reporting and the ability to store and track all debt documents. The software will make debt reporting and records more accessible to anyone with access to the software. The GASB will also be issuing a new standard GASB 96 – Subscription- Based Information Technology Arrangements that will be effective as of January 1, 2023. The City will also use this software to implement this standard.
On June 8, 2021, the National Cooperative Purchasing Alliance (NCPA) issued a competitive solicitation for Debt and Lease Management Software and Consulting Services. The contract was awarded to Debtbook on August 16, 2021. This purchase is in compliance with the Richmond Municipal Code Section 2.52.328, Cooperative Procurement, which allows for the City to use cooperative solicitations if it is in the best interest of the City of Richmond.
Staff recommends the approval of the purchase of Debtbook software in an amount not to exceed $13,500 for the first year, with a possible two-year extension, for a total contract amount not to exceed $40,500.
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./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 (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
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 it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
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
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Overview
DebtBook is 100% cloud based debt and lease management software. While our software is constantly evolving, key features include:
General Functionality (available with both Debt and Lease Management) ● Financial Reporting: Producing debt service and lease schedules to comply with GASB pronouncements is a pain. Automated reporting functionality saves you time during audit.
● View by Type, Purpose, and Fund: It may be one loan or one debt obligation, but you pay it back from multiple sources. Split and track loans easily by department or purpose or fund to change the view of your obligations.
● Single Source of Truth: Your staff, advisors, lawyers, banks, accountants and consultants all require an accurate debt profile to do their job well. Share access to your debt profile and provide controlled access to the accurate information everyone needs. ● Collaboration and Organization: Ability to share real-time data among City departments and outside consultants through separate, role-based logins. ● Excel Compatible: Modernize your workflow without disrupting it. All data and analysis is easily exported into excel for use in your existing models. ● Security & Availability: Cybercriminals attack governments with ransomware, rendering local systems inoperable. Our cloud-based platform ensures your staff has 24/7 access to information required to make timely and accurate debt payments. ● Succession Planning: Many organizations rely on one or two professionals to manage their debt. When those professionals move on to other opportunities, a painful hole in the team opens, soon to be filled by someone facing a steep learning curve. Ensure continuity within your organization and improve succession planning. ● Document Storage: Storage of all applicable transcripts, leases and legal documents.
Debt Management Functionality
● Automatic Profile Updates: When you borrow money or pay something off, upload the documents for processing to refresh your debt profile. Log back in and your profile is updated and ready for your verification.
Scope of Work
January 1, 2022
www.debtbook.com
DebtBook Scope of Work
www.debtbook.com
● Succession Planning: Many organizations rely on one or two professionals to manage their debt. When those professionals move on to other opportunities, a painful hole in the team opens, soon to be filled by someone facing a steep learning curve. Ensure continuity within your organization and improve succession planning. ● Payment Reminders: Optional and customizable email payment reminders ensure that an invoice getting lost in the mail won’t result in a missed payment. Set preferences including desired recipient and timeframe, allowing staff to have confidence the invoiced amount accurately matches the agreed payment schedule.
● Schedule Creation: Generation of amortization schedules, payment schedules, and outstanding debt schedules with ability to export to Excel. ● Historic Payments: Tracking of historic debt service payments. ● Audit Ready Notes: Audit ready notes and reports providing breakdown of debt schedules by fund type for inclusion in the City’s annual CAFR – pdf or similar output.
Lease Management Functionality
● GASB 87 compliant: DebtBook will assist in gaining both initial and ongoing compliance with GASB 87. Automatically produce GASB compliant footnote disclosures through the application.
● Journal Entries: Automatically generate journal entries for each lease with the ability to view the entries on a monthly, quarter, and annual basis. Each journal entry can be seen at a portfolio-level, lease schedule-level, and asset-level. ● Key Event Reminders: Using DebtBook's "Milestones" feature each user is able to view critical dates such as purchase options, termination options, residual value payments, lease end times and more. Additionally, each individual will be able to set email reminders based on their individual preferences. Each user can setup alert notifications for lease renewals and deadlines to ensure start and end dates are not missed. ● View by Type and Purpose and Fund: View all of your leases by Type, Fund and Purpose. Track and split easily by department or purpose or fund to change the view of your obligations. DebtBook supports split allocations of a single asset across multiple departments, funds, purposes.
● Data Exports: Any lease schedule is able to be exported out of DebtBook's system into a reformatted Excel document.
● Ability to Calculate and Track (Lessee):
- Lease liability, individual and aggregate, at the present value of payments and purchase option, if necessary, expected to be made during the lease term(s) or useful life. - Amortization schedules, individual and in aggregate, of the discount on the lease liability and of the lease asset.
- Calculate the measure of lease assets, individual and in aggregate, including any ancillary charges.
DebtBook Scope of Work
www.debtbook.com
● Ability to Remeasure and Track (Lessee):
- Lease liability calculations and amortization schedules if lease modifications or discount rate changes are made during a reporting period, including renewal options. - Lease asset calculations and amortization schedules for lease terminations, lease modifications or discount rate changes made during a reporting period. - Adjust calculations as necessary for impairment of an asset. ● Ability to Calculate and Track (Lessor):
- Lease receivable, individual and in aggregate, at the present value of payments expected to be received during the lease term(s).
- Amortization schedules, individual and in aggregate, of the discount on the lease receivable and of the lease Deferred Inflow of Resources. - Calculate the measure of lease Deferred Inflow of Resources, individual and in aggregate.
- The total amount of inflows of resources recognized in the reporting period from leases.
- View the amount of inflows of resources recognized in the reporting period for variable and other payments not previously included in the measurement of the lease receivable.
- View the schedule of future payments that are included in the measurement of the lease receivable, showing principal and interest separately, for each of the five subsequent fiscal years and in five-year increments thereafter. ● Ability to Remeasure and Track (Lessor):
- Lease receivable calculations and amortization schedules for lease terminations, lease modifications or discount rate changes are made during a reporting period including renewal options.
Richmond, CA
Reference: 20220228-231404831
Quote created: February 28, 2022
Quote expires: April 29, 2022
Quote created by: Bill Fray
Regional Sales Director
[email protected]
+1 (407) 463-5117
Comments from Bill Fray
Quote for 3 years at current pricing tiers (and scope - Up to 150 combined debt and lease obligations). The City gets to take advantage of a yearly 10% discount per it's membership to CMTA.
Products & Services
Item & Description Quantity Unit Price Total
'22 Subscription Pricing: Tier 3
This represents the annual subscription charge
your organization pays for access to the
DebtBook platform. There are no additional
charges - this covers onboarding, unlimited
users, external sharing, support and training.
1 $15,000.00 / year $13,500.00 / year
after $1,500.00 discount
for 3 years
'22 Implementation Charge: Tier 3
This covers the cost of our full-service
implementation process for your organization.
1 $0.00 $0.00
Subtotals
Annual subtotal $13,500.00
after $1,500.00 discount
Richmond, CA
450 Civic Center Plaza
Richmond, CA 94804
US
Delmy Cuellar
Accounting Manager
[email protected]
510-620-6970
Belinda Brown
Finance Director/Treasurer
[email protected]
s
Total $13,500.00
Questions? Contact me
Bill Fray
Regional Sales Director
[email protected]
+1 (407) 463-5117
DebtBook
300 West Summit Ave, Suite 110
Charlotte, NC 28203
United States
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Exhibit E
These Terms and Conditions (these “Terms & Conditions”) will govern the City’s access and use of the Services (as defined below) in accordance with the terms of the Contract by and between the City and the Contractor (the “Contract”).
By executing the Contract and using any of the Services, the City agrees to be bound by these Terms.
1. Definitions.
“Aggregated Statistics” means data and information related to City ’s use of the Services that is used by Contractor in an aggregate and anonym ized manner, including statistical and performance information related to the Services.
“Application Services ” means Contractor ’s debt and lease management software -as-a-service application.
“Appropriate Security Measures” means, collectively, commercially reasonable technical and physical controls and safeguards intended to protect City Data against destruction, loss, unauthorized disclosure, or unauthorized access by employees or contractors employed by Contractor . “Authorized User ” means any of City ’s employees, consultants, contractors, or agents who are authorized by City to access and use any of the Services. “City Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is transmitted by or on behalf of City or an Authorized User through the Services. “Contractor” means Fifth Asset, Inc., d/b/a DebtBook, a Delaware corporation, and its permitted successor and assigns.
“Contractor IP” means (1) the Services, Documentation, and Feedback, includ ing all ideas, concepts, discoveries, strategies, analyses, research, developments, improvements, data, materials, products, documents, works of authorship, processes, procedures, designs, techniques, inventions, and other intellectual property, whether or not patentable or copyrightable, and all embodiments and derivative works of each of the foregoing in any form and media, that are developed, generated or produced by Contractor arising from or related to the Services, Documentation, or Feedback ; and (2) any intellectual property provided to City or any Authorized User in connection with the foregoing other than City Data. “Documentation” means Contractor ’s end user documentation and content, regardless of media, relating to the Services made available fr om time to time on Contractor ’s website at https://support.debtbook.com.
“Feedback” means any comments, questions, suggestions, or similar feedback transmitted in any manner to Contractor, including suggestions for new features, functionality, or changes to the Contractor IP. “Implementation Services ” means onboarding and implementation services, including entry of relevant data, as necessary to make the Application Services available to the City during the Initial Term. “Incorporated Documents ” means, collectively, the Privacy Policy, the Documentation, the SLA, and the Usage Policy, as each may be updated from time to time in accordance with their terms. The Incorporated Documents, as amended, are incorporated into these Terms & Conditions by this reference. Current versions of the Incorporated Documents are available at https://www.debtbook.com/legal. “Privacy Policy” means, collectively, Contractor’s privacy policy and any similar data policies generally applicable to all users of the Application Services, in each case as posted to Contrac tor’s website and as updated from time to time in accordance with their terms. “Services” means, collectively, the Application Services, the Implementation Services, and the Support Services.
“SLA” means the Service Level Addendum generally applicable to all users of the Application Services, as posted to Contractor’s website and as updated from time to time in accordance with its terms. “Support Services ” means the general maintenance services and technical support provided in connection with the Application, as more particularly described in the SLA.
“Term” means the term of the Contract.
“Usage Policy ” means, collectively, Contractor ’s acceptable usage policy, any end user licensing agreement, or any similar policy generally applicable to all end users accessing the Application Services, in each case as posted to Contractor’s website and as updated from time to time in accordance with its terms.
Each capitalized term used but not otherwise defined in these Terms & Conditions has the meaning given to such term in the Contract.
2. Access and Use.
(a) Provision of Access . Subject to the terms and conditions of the Contract , Contractor grants City and City’s Authorized Users a non -exclusive, non-transferable (except as permitted by these Terms) right to access and use the Application Services during the Term, solely for City’s internal use and for the Authorized Users’ use in accordance with the Contract. Contractor will provide to City the necessary passwords and network links or connections to allow City to access the Application Services. (b) Documentation License . Subject to the terms and conditions of the Contract , Contractor grants to City and City’s Authorized Users a non -exclusive, non -sublicensable, non -transferable (except as permitted by these Terms) license to use the Documentation during the Term solely for City’s and its Authorized User’s internal business purposes in connection with its use of the Services. (c) City Responsibilities. City is responsible and liable for its Authorized Users’ access and use of the Services and Documentation, regardless of wheth er such use is permitted by the Contract . City must use reasonable efforts to make all Authorized Users aware of the provisions applicable to their use of the Services, including the Incorporated Documents.
(d) Use Restrictions. City may not at any time, direc tly or indirectly through any Authorized User, access or use the Services in violation of the Usage Policies, including any attempt to (1) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (2) sell, license, or otherwise transfer or make available the Services or Documentation except as expressly permitted by the Contract ; or (3) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any software component of the Servi ces, in whole or in part. City will not knowingly transmit any personally identifiable information to Contractor or any other third-party through the Services. (e) Aggregated Statistics . Notwithstanding anything to the contrary in the Contract , Contractor may monitor City’s use of the Services and collect and compile Aggregated Statistics. As between Contractor and City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Contractor . Contractor may compile Aggregated Statistics based on City Data input into the Services. Contractor may (1) make Aggregated Statistics publicly available in compliance with applicable law, and (2) use Aggregated Statistics as permitted under applicable law so long as, in each case, Contractor’s use of any Aggregated Statistics does not identify the City or disclose City ’s Confidential Information.
3. Intellectual Property.
(a) Contractor IP. As between City and Contractor, Contractor owns all right, title, and interest, including all intellectual property rights, in and to the Contractor IP. (b) City Data. As between City and Contractor, City owns all right, title, and interest, including all intellectual property rights, in and to the Ci ty Data. City hereby grants to Contractor the right to use the City Data and perform all acts with respect to the City Data as may be necessary or appropriate for Contractor to provide the Services to City.
(c) Effect of Termination. Without limiting either party’s obligations under the Contract, on written request by City made within 30 days after the effective date of termination of the Contract , Contractor, at no further charge to City , will (1) provide City with temporary access to the Application Services to permit City to retrieve its City Data in a commercially transferrable format and (2) use commercially reasonable efforts to assist City, at City’s request, with such retrieval.
4. Limited Warranties.
(a) Functionality & Service Levels . During the Term, the Application Services will operate in a manner consistent with general industry standards reasonably applicable to the provision of the Application Services and will conform in all material respects to the Documentation and service levels set forth in the SLA when accessed and used in accordance with the Documentation. Except as expressly stated in the SLA, Contractor does not make any representation, warranty, or guarantee regarding availability of the Application Services, and the remedies set forth in the SLA are City ’s sole remedies and Contractor ’s sole liability under the limited warranty set forth in this paragraph.
(b) Security. Contractor has implemented Appropriate Security Measures and has made commercially reasonable efforts to ensure its licensors and hosting providers, as the case may be, have implemented Appropriate Security Measures intended to protect City Data. (c) EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION AND IN THE CONTRACT, DEBTBOOK IP IS PROVIDED “AS IS.”
(d) Contractor exercises no control over the flow of information to or from the Application Service, Contractor’s network, or other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt connections to the Internet. Although Contractor will use commercially reasonable efforts to take all actions Contractor deems appropriate to remedy and avoid such events, Contractor cannot guarantee that such events will not occur. ACCORDINGLY, DEBTBOOK DISCLAIMS ANY AND ALL LIABILITY RESULTING
FROM OR RELATING TO ALL SUCH EVENTS, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE CONTRACT, ANY OTHER ACTIONS OR INACTIONS CAUSED BY OR UNDER THE CONTROL OF A THIRD PARTY.
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: June 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: June 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
Claims-Made Policies
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: June 2011
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
March 15, 2022
Fire Department
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Angel Montoya, Fire Chief
Subject:
Resolution and Interagency Agreement to Support
Hazardous Materials Program
FINANCIAL IMPACT: The funds consist of an allocation not to exceed $360,335 over a one-year period, commencing on July 1,
2021, through June 30, 2022.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Fire Department maintains a Hazardous Materials
Response Unit and an Emergency Vehicle as part of its
Hazardous Materials Response Program and receives
funding from the Contra Costa County Health Services
Hazardous Materials Division in support of the program.
RECOMMENDED ACTION:
ADOPT a resolution to accept and appropriate $360,335
in funding from the Contra Costa County Health Services Hazardous Materials Division; and APPROVE a one-year
interagency agreement from July 1, 2021, to June 30,
2022, in support of the Fire Department’s Hazardous
Materials Response Program – Fire Department (Chief
Angel Montoya 510-307-8041).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
The Richmond Fire Department is part of the Hazardous Materials Interagency Task Force consisting of a coalition of other fire agencies in Contra Costa County with responsibility for public and environmental health and safety as it pertains to incidents involving hazardous materials. As Incident Commander for West Contra Costa County, the Richmond Fire Department is one of two fire agencies in the County with a response team and is responsible for ensuring that its members are properly trained at the level of technician, specialist, or incident commander and that they are equipped to respond appropriately to any hazardous materials incident.
As the Certified Uniform Program Agency, the Contra Costa County Health Services Department is responsible for ensuring agency response teams are supported by providing funding required to maintain response units. This includes hazardous materials certified personnel and coordinator training, hazardous materials drills, pay differential, annual physicals, supplies, and equipment. The interagency agreement provides that the County will allocate funds from its Hazardous Materials Business Plan inspection fees for the Hazmat Response Unit.
The Richmond Fire Department and Contra Costa County Health Services Department agreement to support the Hazardous Materials Response Program expired on June 30, 2021. The present agreement was not finalized and submitted to Richmond Fire Department for review until February 17, 2022. In the interim, Richmond Fire Department continued to render service from July 1, 2021, to date. Reimbursements cannot be transacted until the agreement is fully executed between Contra Costa County and the City of Richmond.
Staff requests adoption of the resolution to accept and appropriate funding from Contra Costa County Health Services and approval of the one -year interagency agreement to cover the period July 1, 2021, to June 30, 2022.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contra Costa County Interagency Agreement 22-402-17
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE ACCEPTANCE OF FUNDS ALLOCATED TO THE CITY
FROM CONTRA COSTA COUNTY HEALTH SERVICES IN SUPPORT OF ITS
HAZARDOUS MATERIALS PROGRAM
WHEREAS, the Contra Costa County has appropriated monies for the Hazardous Material Response Unit and Hazardous Material Emergency Vehicle Program under Agreement #22-402-17, approved by the Board of Supervisors on April 28, 1987; and
WHEREAS, the Contra Costa County Health Services Hazardous Materials Division will allocate funding to the City of Richmond Fire Department from July 1, 2021, through June 30, 2022, in an amount not to exceed $360,335, to maintain a Hazardous Materials Response Unit in West County; and
WHEREAS, the City of Richmond shall be awarded $360,335 over a one-year period, commencing July 1, 2021, for projected expenditures through June 30, 2022; and
WHEREAS, the City of Richmond will ensure members of the Hazardous Materials Response Unit are trained to respond appropriately to any hazardous material event, including facilitating drills for such events; ensure members receive annual Hazmat physicals in accordance with National Fire Protection Association (NFPA) standards; and provide a training coordinator to facilitate any necessary and required training, and attend pertinent meetings on behalf of the Hazardous Materials Response Team; and
WHEREAS, the City of Richmond desires to accept the funds allocated by the Contra Costa County Health Services Hazardous Materials Division in the amount of $360,335, and agree to the terms of Agreement #22-402-17 in its entirety.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond
1. The City of Richmond shall accept the allocation of $ 360,335 from the Contra Costa County Health Services Hazardous Materials Division.
2. The funds which the City will receive are hereby appropriated towards program expenditures, under Fund 1013; Org 11305022; Objs 400201, 400299, 400342, 400384, 400401; Project 25H04.
3. The City Manager, or their designee, shall establish a Budget Supplemental Fund revenue account under Fund 1013, Org 11305022, Obj 337371, Project 25H04 for the deposit of the funds, which have been allocated to the City of Richmond.
4. The Finance Dire ctor or designee of the City o f Richmond shall submit the necessary reports and summaries which are required by State law.
*****************************
(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:
____________________________
City Attorney
Form A-4 (Page 1 of 1)
Contra Costa County INTERAGENCY AGREEMENT Number 22–402–18 Standard Form A-4 (Agency Provides Services) Fund/Org # As Coded Revised 2014 Account # As Coded
Other #
1. Contract Identification .
Department: Health Services — Hazardous Materials Division Subject: Hazardous Materials Response Unit and Hazardous Material Emergency Vehicle
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows:
Agency: CITY OF RICHMOND on behalf of its FIRE DEPARTMENT (Hereinafter “Agency”) Capacity: Public Agency
Address: 440 Civic Center Plaza, Richmond, California 94804-1630
3. Term. The effective date of this Agreement is July 1, 2021 , and it terminates on June 30, 2022 unless sooner terminated as provided herein.
4. Payment Limit . County’s total payments to Agency under this Agreement shall not exceed $360,335.
5. County’s Obligations . County shall pay Agency for its provision of services pursuant to the attached Payment Provisions, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Agency’s Obligations . Agency shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Agreement is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Hazardous Material Release Response Plans and Inventory Program (AB 2185) approved by the Board of Supervisors on April 28, 1987.
9. Legal Authority . This Agreement is entered into under and subject to the following legal authorities:
Health and Safety Code, Division 20, Chapter 6.95, §§ 25500, et seq.; California Code of Regulations, Title 19, Chapter 2, §§ 2620, et seq.; and California Government Code §§ 26227 and 31000.
10. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By
Chairman/Designee
ATTEST: Clerk of the Board of Supervisors
By
Deputy
AGENCY
By
(Signature of authorized Agency Representative)
(Print name and title A)
By
(Signature of authorized Agency Representative)
(Print name and title B)
Form L-2 (Page 1 of 1)
Contra Costa County ACKNOWLEDGMENTS/APPROVALS Number 22–402–18 Standard Form L-2 (Purchase of Services – Long Form)
Revised 2014.2
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF CONTRA COSTA )
On ____________________(Date), before me, _______________________________(Name and Title of the Officer), personally
appeared______________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS MY HAND AND OFFICIAL SEAL
______________________________________
Signature of Notary Public
Place Seal Above
ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189)
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL
County Counsel approval not required
By: By: per September 12, 2006 Board Order
Designee Deputy County Counsel
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Long Form)
Revised 2014 Number 22–402–18
Initials:___________ _____________
Agency County Dept.
Form P-2 (Page 1 of 2)
1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all services provided for County under this Contract shall only be for allow able costs that are actually incurred in the performance of Contractor’s obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor:
a. $ monthly,
b. $ per unit, as defined in the Service Plan,
c. An amount equal to Contractor’s allowable costs that are act ually incurred each month, but subject to the “Budget of Estimated Program Expenditures” referenced in the Service Plan, or d. County will pay Agency an amount NOT TO EXCEED $ 360,335 as follows:
(1) An amount equal to Contractor’s allowable costs that are actually incurred each month, but subject to the “Budget of Estimated Program Expenditures” which has been prepared and submitted by Agency to County and will be maintained on file in the offices of County’s Hazardou s Materials Division. Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Hazardous Materials Program Director.
3. Allowable Costs. Contractor’s allowable costs are only those which are determined in accordance with:
a. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. b. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applica ble Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determinin g and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowabil ity of selected items of costs of providing the services.
(1) Federal Management Circular A -87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies.
(2) OMB Circular A -122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowabl e costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). (3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. (4) OMB Circul ar No. A -21, including any amendments to the Circular publ ished in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions). (5) Appendix E Subpart Q Section 74.173 shall b e used for determining costs of research, development work, and other activities for determining allowable costs. c. Part IV Department of Labor, Employment an d Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto.
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Long Form)
Revised 2014 Number 22–402–18
Initials:___________ _____________
Agency County Dept.
Form P-2 (Page 2 of 2)
4. Payment Demands. Contractor shall submit written de mands on County Demand Form D -15 in the manner and form prescribed by County. Contractor shall submit demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of th e County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2 (Payment Amounts) above.
5. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, Coun ty shall not pay Contractor for such services to the exte nt County’s recovery of funding is prejudiced by the delay even though such services were fully provided.
6. Right to Withhold . County has the right to withhold payment to Contractor when, in the o pinion of County expressed in writing to Contractor, (a) Contractor’s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cos t report in the form required by County, showing the allow able costs that have actually been incurred by Contractor under this Contract. If the cost report shows that the allowable costs actually in curred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the Payment Limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the Payment Limit. If the cost re port shows that the payments made by County exceed the all owable costs actually incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County.
8. Audits. The records of Contractor may be audited by the County, Stat e, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to C ounty by Contractor within such period of time as may be expressed by applicable state or federal regulations, poli cies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, inclu ding any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then Contractor shall pay County within 30 days of demand by County any such excess amount. If such audit(s) show th at the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then County agrees to pay Contractor any such excess amount, provided that payments made, together with any such excess payment, may not exceed the contract Payment Limit.
9. Audit Exceptions. In addition to its obligations under Paragraph 8 . (Audits), above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of Co unty’s obligation, if any, to the state and/or federal gov ernment resulting from any audit exceptions, to the extent such are attributable to Contractor’s failure to perform properly any of its oblig ations under this Contract.
Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 22–402–18
Initials:__________ ____________
Agency County Dept.
L-3 (Page 1 of 2)
1. Service Specifications. County will allocate funding from its Hazardous Materials Business Plan inspection fees to Contractor who will maintain a Hazardous Materials Response Unit and a Hazardous Materials Emergency Vehicle in West County, which will work in coordination with the Contra Costa Hazardous Materials Program to promote an efficient, joint response effort in West County.
2. Contractor Responsibilities. In providing services under this Contract, Contractor’s activities shall, include, but may not be limited to, the following:
a. Ensure the members of the Contractor’s Hazardous Materials Response Unit are trained to the Hazardous Materials Technician, Hazardous Materials Specialist, or the Incident Commander level as required by California Code of Regu lations, Subchapter 7. General Industry Safety Orders, Group 16;
b. Provide continuous training to ensure that the City of Richmond Hazardous Materials Response Team is able to respond appropriately to any hazardous material event including facilitating drills for such events;
c. Ensure the members of the Contractor’s Hazardous Materials Response Unit are trained in the Control of Hazardous Substances, Article 109. Hazardous Substances and Processes, §5192.
Hazardous Waste Operations and Emergency Response;
d. Ensure that the members of the City of Richmond Hazardous Materials Response Team have done the eight -hour refresher training, as required by California Code of Regulations, Subchapter 7. General Industry Safety Orders, Group 16. Control of hazardous Substa nces, Article 109. Hazardous Substances and Processes, §5192. Hazardous Waste Operations and Emergency Response;
e. Ensure that the members of the City of Richmond Fire Department Hazardous Materials Response Team in Contra Costa County receive annual Hazmat Physicals in accordance to National Fire Protection Association (NFPA) standards;
f. Provide a t raining coordinator who can provide consultation including attending meetings that are pertinent to a Hazardous Material Response Team in Contra Costa County, su ch as the Hazardous Material Interagency Task Force, CAER meetings, and any other meeting to help coordinate or enrich the City of Richmond’s Hazardous Materials Response Team; g. Provide quarterly documentation for any training that is given to the City of Richmond’s Hazardous Materials Response Team, including:
1. Hours for developing training and giving the training;
2. Listing of who took the training;
3. Verification that the training was understood by the participants;
4. Drills performed; and
5. Participants of the drill.
h. Provide quarterly documentation of the status of each member of the Hazardous Materials Response Team who have and have not completed any of the training that is required and at the frequency of such refresher training. Providing a listing of each responder’s anniversary date of the refresher training is due and updated quarterly as needed;
Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 22–402–18
Initials:__________ ____________
Agency County Dept.
L-3 (Page 2 of 2)
i. Provide a monthly listing of hazardous materials meeting attended and by whom; and
j. Participate in joint drills and training when developed or arranged by County.
3. County’s Training Responsibilities. To ensure that the Contractor is trained to respond to hazardous material incidents the County agrees to assist Contractor by:
a. Provide assistance to the Training Coordinator in conducting any continuous training; b. Provide information on any training that will assist in the coordination efforts of the County and the City of Richmond’s Hazardous Materials Response Teams; c. Notify the City of Richmond of any hazardous materials drills that are being performed by any of t he facilities that handle hazardous materials within the City of Richmond, in which the County is aware;
d. Develop or arrange trainings and drills that can be attended jointly by the Contractor and the County; and
e. Allocate funding for all activities requ ired in providing services as set forth in Service Specifications, including but not limited to Annual Hazardous Material Physicals in accordance to NFPA Standards.
4. Budget of Estimated Program Expenditures . A budget of estimated program expenditures fo r the services described in this Contract shall be prepared and submitted by Agency to County and will be maintained on file in the offices of County’s Hazardous Materials Division. Any movement of funds between line items in the budget of estimated progr am e xpenditures must have the prior written approval of the Hazardous Materials Program Director.
5. Service Program Administration and Fiscal Management . Agency will administer the service program covered by this Contract as a separate organizational, ad ministrative, and fiscal activity and shall keep this program separate and distinct from other activities. Agency must establish and maintain a fiscal management system of cost center accounts so that funds provided by this Contract will not be co- mingled with or used in Agency’s other activities, which are not covered by this Contract.
Contra Costa County SPECIAL CONDITIONS
Standard Form L-4
Revised 2014 Number 22–402–18
Initials:___________ _____________
Agency County Dept.
L-4 (Page 1 of 2)
1. Contractor/Agency. All occurrences of the term “Contractor” in the Payment Provisions and General Conditions are hereby deleted and replaced with “Agency”.
2. Termination. General Conditions, Paragraph 5 . (Termination), is hereby deleted in its enti rety, and replaced with a new Paragraph, to read as follows:
“5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon sixty-day advance written notice thereof to the other, and m ay be cancelled immediately by written mutual consent.
b. Failure to Perform . County, upon written notice to Agency, may immediately terminate this Contract should Agency fail to perform properly any of its obligations hereunder. In the event of such ter mination, County may proceed with the work in any reasonable manner it chooses.
The cost to County of completing Agency’s performance shall be deducted from any sum due Agency under this Contract, without prejudice to County’s rights to recover damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non -County funding for this Contract ceases, this Contract is terminated without notice.”
3. Confidentiality of Information. In addition to the requ irements of General Conditions, Paragraph 16. (Confidentiality), Agency must ensure confidentiality of information, as follows:
a. Agency will protect from unauthorized disclosure names and other identifying information of persons receiving services from Agency pursuant to this Contract, except for statistical information not identifying any client.
b. Agency will not use such identifying information for any purpose other than carrying out the Agency's obligations under this Contract.
c. Agency will promptly transmit to the County all requests for disclosure of such identifying information not emanating from the Client.
d. Agency will not disclose, except as otherwise specifically permitted by this Contract or authorized by the Client, any such identifying i nformation to anyone other than the County without prior written authorization from the County.
e. For purposes of this paragraph, “identifying information” includes, but is not limited to, name, identifying number, symbol, or other identifying particular assigned to an individual, such as a finger or voice print or a photograph.
4. Indemnification. General Conditions, Paragraph 18 . (Indemnification), is hereby deleted in its entirety and replaced with a new Paragraph 18, to read as follows:
“18. Indemnification.
a. Agency shall defend, indemnify, save and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all c onsequential damages, from any cause whatsoever arising directly or indirectly from , or connected with, the operations or services of Agency or its
Contra Costa County SPECIAL CONDITIONS
Standard Form L-4
Revised 2014 Number 22–402–18
Initials:___________ _____________
Agency County Dept.
L-4 (Page 2 of 2)
agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising throug h the sole negligence or sole willful misconduct of County or its officers or employees. Agency will make good to and reimburse the County for any expenditures, including reasonable attorney ’s fees, the County mak es by reason of such matters , and, if requ ested by County, will defend any such suits at the sole cost and expense of Agency.”
5. Insurance. Paragraph 19. (Insurance), of the General Conditions is hereby deleted in its entirety, and replaced with a new paragraph to read as follows:
“19. Insurance.
a. Agency shall maintain Workers’ Compensation coverage, for all its employees. Agency represents that it is a legally self -insured public entity and maintains a self -insured retention of seven hundred fifty thousand dollars ($750,000) with excess cover age through participation in the California State Association of Counties - Excess Insurance Authority (CSAC-EIA). Agency shall provide evidence of such coverage to County in writing. b. Agency shall maintain general comprehensive liability and auto liabil ity coverage at all times with minimum limits of one million dollars ($1,000,000) per occurrence. Agency represents that it is a legally self-insured public entity and maintains a self -insured retention of five hundred thousand dollars ($500,000) per occurrence with excess liability coverage provided through participation in the California Joint Powers Risk Management Authority (CJPRMA). Agency shall provide evidence of such coverage in writing. Such insurance must include the County and its officers and e mployees as additional insureds as to all services performed by Agency under this Contract.”
6. Disputes. General Conditions, Paragraph 9 . (Disputes), is hereby deleted in its entirety, and replaced with a new Paragraph, to read as follows:
“9. Disputes. Disagreements between County and Agency concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the County department for which this Contract is made, or his designee, or in acco rdance with the applicable procedures (if any) required by the state or federal government. Agency reserves the right to challenge the final written determination of the department head regarding the meaning, requirements, or performance of this Contract in the courts of Contra Costa County, State of California.”
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 1 of 7)
1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government.
3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor . Pursuant to Section 1861(v)(1) of the Social Security Act, and any regula tions promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Healt h and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and re cords of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder.
This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contrac t, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 2 of 7)
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty- day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages.
c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract.
8. Modifications and Amendments.
a. General Amendments. In the event that the total Payment Limit of this Contract is less than $200,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and th e County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $200,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval.
b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract.
9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or i n accordance with the applicable procedures (if any) required by the state or federal government.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 3 of 7)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California.
b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws . Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disput es) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arisi ng from any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or h is designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed.
This Contract is not to be construed to create the relationship between the parties , or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.
15. Conflicts of Interest. Contractor covena nts that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form an d file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County.
Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 4 of 7)
addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract.
16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons rece iving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship.
18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any a nd all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control.
If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs.
Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned a nd non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the l oss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primar y insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 5 of 7)
them or their self -insurance program(s) will not be required to contribute to any loss covered under Contractor ’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000.
b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees.
c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract
20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of othe r delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services pro vided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 6 of 7)
24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties.
25. Copyrights, Rights in Data , and Works Made for Hire . Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or for mat, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so.
26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well -established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County- contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervi sors or by law to receive such views.
27. Required Audit.
a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F.
b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming t o those requirements.
c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County.
If an audit is required, Contractor must provide County with the audit.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 7 of 7)
d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein.
29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein.
March 15, 2022
Human Resources
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Anil Comelo, Interim Deputy City Manager of Internal
Services
Subject:
Contract with Matrix Consulting Group for Emergency
Services Data Analysis and Report
FINANCIAL IMPACT: The proposed expenditure is included in the FY 2021- 2022 adopted budget (01181016-400201--Professional
Services).
PREVIOUS COUNCIL
ACTION:
October 19, 2021
STATEMENT OF THE
ISSUE:
City Council directed staff to issue a Request for
Proposals (RFP) to conduct an emergency services data
analysis. Staff issued the RFP and selected Matrix
Consulting Group as the desired consultant to perform
the analysis and associated details. Staff is seeking
contract approval.
RECOMMENDED ACTION:
APPROVE a contract with Matrix Consulting Group in an
amount not to exceed $124,000 to conduct an
emergency services data analysis – Human Resources
Department (Anil Comelo 510-620-6609).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
City Council directed staff to issue a Request for Proposals (RFP) requesting qualified firms with experience in the analysis of local government operations, specifically in emergency services, to analyze 911 call data. The objective for this study is to produce a comprehensive assessment of (1) the types of emergencies that residents report and (2) our city’s response to emergency calls for service to determine where resources are needed and to help our city improve service delivery. As Richmond adapts to dynamic public safety issues and changes in available resources, it is important to have a clear sense of what the health and safety needs of our residents are. With a clear understanding of community needs and existing service delivery systems, future service provision could maximize efficiency in meeting community member needs.
Project Expectations
The consultant will conduct a four-year analysis of police and fire calls for service. The analysis will also include a comparative review of budgetary allocations for emergency services. The consultant will interview key personnel such as dispatch, fire, and police employees. The consulting service provider will also hold four community discussions to obtain information relative to community needs and expectations relative to public safety. This research would culminate in a written report and presentation to City Council.
Desired experience for firms responding to the RFP included experience with these types of data sets, issues related to public health and safety, budgetary analysis, and demonstrated expertise with equity in order to make this type of data broadly accessible to the community.
The evaluation criteria outlined in the RFP was as follows:
Proposal/Methodology and Approach to Work – 30%
Experience/Past Performance/References – 20%
Project Team – 10%
Proposer Qualifications – 20%
Cost Proposal – 20%
Selection Process
Five vendors submitted responsive proposals. Three Department Heads evaluated and rated the proposals based on the criteria set forth in the RFP. Using the criteria above, each Department Head allocated up to 100 points to each proposal (for a maximum possible total of 300 points). Matrix Consulting Group scored the highest overall.
March 15, 2022
Proposal Total
Matrix Consulting Group 262
Fitch & Associates LLC 260
Charis Advisory Group 202
Public Safety Data Solutions 198
Jim Freeman Consulting 180
Matrix Consulting Group is highly experienced and specializes in public safety services.
They also understand that the community wants its voice heard directly and that this study is critical to providing a forum for the public to share feedback and for the selected consultant to develop constructive strategies around this feedback.
Project Summary
Matrix Consulting Group will provide a thorough examination of the current workloads and service delivery of the Police and Fire Departments. The City is seeking a fact- based assessment of the workload and service delivery data with the goal of maximizing efficiency of Richmond’s public safety resources. Below are the tasks associated with the analysis and report:
1. Interviews: Matrix will conduct interviews with key stakeholders to obtain views on public safety issues. Stakeholders will include the Mayor and City Council Members, Police and Fire Chiefs and command staff, representatives of the bargaining units, and individuals involved in the data collection process.
2. Descriptive Profile: The project team will provide a descriptive summary of each department with organizational charts, responsibilities for each unit, staffing by classification, deployment schedules and areas of responsibility, key characteristics, and workload data (e.g., calls for service).
3. Community Input: The project team understands that the community wants its voice heard directly. They will hold four (4) community workshop meetings with the general public to ensure the results of the analysis are representative of the City’s resident and business communities. These meetings will allow day, night, and weekend options for participation. Focus areas to include:
What does the community expect when calling the departments for assistance or making a complaint?
Does the community feel that RPD and RFD are transparent? Can the community express concerns?
What public safety priorities does the community want the departments to focus on? Are there issues with the alignment with community priorities?
March 15, 2022
4. Analysis of Police Workload and Services: Comprehensive analysis of operations and services for every function of each department, together with strategies for achieving the best use of existing resources.
a) Patrol workloads, proactivity, and staff deployments: Analysis of 4- years’ worth of community-generated calls for service using computer aided dispatch data.
b) Calls for service by hour and weekday, month, area, and priority level. c) Response and travel times, total time spent handling calls. d) Investigation workload and staffing.
e) Other functional areas: communications, records, recruitment, and training.
5. Analysis of Fire and EMS Workloads, Operations, and Deployments: An analysis of operations, as well as strategies for achieving the best use of existing resources. The project team will examine strategies for deploying, allocating, and managing operations. The analysis will focus on the ability of staff to achieve targeted service levels and support effective operations management.
a) Produce a demand study that analyzes and geographically displays the current service demand by incident type and temporal variation. b) Evaluate fire apparatus deployment strategy through GIS software to identify service gaps and redundancies.
c) Analysis of response time capability and fire company and staff distribution.
d) Analysis of workloads including unit hour utilization of companies, call concurrency, and impact on ability to assemble an effective response. e) Analyze existing codes and ordinances relating to Fire Prevention; understand the organization and responsibilities of Fire Prevention; City coordination of development services.
f) Internal support services to include training, recruitment and retention, administrative personnel roles.
6. Final Report: Following the analysis, the project team will develop the final report. The report will include a comprehensive analysis of all items within the scope of work, along with timelines, impacts, and targets for implementing recommended changes. Upon finalization of the report, the project team will be available to present the results of the study to the Richmond City Council – either virtually or in person, depending on the status of current COVID-19 health orders.
Matrix Consulting Group has proposed an approximate four-month turnaround following execution of the contract and receiving the City’s data sources that need to be analyzed. Below is a breakdown of that timeline:
March 15, 2022
We anticipate being able to execute the contract by April 1, 2022.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./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 (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
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 it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
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
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 3
1 Background and Project Summary In this section of the proposal is provided answers to questions relating to approach in the conduct of this Emergency Services study for Richmond. A. Project Background and Scope of Work Richmond has initiated a process for the Police and Fire Departments to address the need for a thorough examination of its current workloads and service delivery and determine what this means for its operations and staffing. The departments and the City are seeking fact-based assessments of workloads and services with a goal of a maximizing efficiency for the resources being committed to public safety services. B. Task Plan The following task plan outlines our plan to conduct the study, including each interim deliverable leading to the final report. Task 1 Project Kickoff and Initial Interviews In order to conduct the study of the Richmond Police and Departments, the project team will first develop an initial understanding of the departments and their service environments. This task, which involves significant number of interviews by the project team, allows for an opportunity to learn about the unique characteristics, programs, and services provided by the departments. This process includes the following elements: • Interviews with the Mayor and Council in order to obtain their views on police and fire service issues and improvement opportunities relevant to this study. • These initial interviews will lead to interviews of community leaders who have a public safety interest or connection. • Interviews with the chiefs and command staffs in Police and Fire as well as in emergency communications to obtain their views on public safety service issues and improvement opportunities. • Interview representatives of the collective bargaining groups to explain the study and obtain their views on key staffing and management issues. • Interview contacts within the departments to start the data collection process in that area and identify other key contacts within the organization. These initial interviews will focus on determining individual attitudes toward current public safety services and organizational considerations, including the following topics:
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 4
• Adequacy of existing service levels. • Management systems and internal controls. • Responsiveness to community priorities and other service needs, as well as relations with community groups and organizations. • Resource constraints and contributing factors. • Coverage concerns and shift scheduling issues. TASK RESULT Based on the results of these interviews and initial data collection, the project team will prepare an issues list that will provide the basis for subsequent analytical steps. The project team will also finalize the project work plan project deliverable schedule. Task 2 Descriptive Profile of the Police and Fire Departments The project team will document its initial understanding of the departments, their service levels, staffing, and service environments in descriptive profiles. The profiles will also present workload data, preliminary analysis, organizational charts, deployment schedules, and a summary of key characteristics and dynamics of the community. A primary aim of developing the descriptive is to provide a foundation for subsequent analysis by ensuring the accuracy of our assumptions and understanding of key details. For each department, divisions and units, the descriptive profile will detail • Current (filled) and authorized staffing levels by classification. • Key responsibilities and duties for each unit, command staff, and unique role within the department, including all administrative and support units. • Organizational structures and reporting relationships. • Deployment structures of field services, including for suppression and patrol: – Detailed visualization and tables showing the current shift schedule, including personnel assigned to each, start times, and workday rotations. – Areas of geographic responsibility. • For investigative units, total caseloads, a description of case management practices, and case assignment processes. • Workloads (e.g., calls for service, officer initiated activities, detective cases, etc.) for a four (4) year period.
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 5
• Deployment of stations and apparatus in use by the Fire Department. This task in the study will also document crime and fire protection risks in the City and what steps are in place to mitigate these risks through community partnerships and/or the City’s resource allocation. TASK RESULT A descriptive profile will be created, detailing the staffing, workload levels, and deployments of the departments, as well as any key characteristics of the service environments. Task 3 Community Input The past year has shown that the community wants its voice heard directly. This study is a critical component in providing a forum for the consultants to hear feedback from the public and employees and develop constructive strategies around this feedback. The project team will conduct a series of four (4) community workshop meetings for the general public ensuring that they are representative of the City’s resident and business communities. These meetings allows for day time, night time, weekday and weekend options for participation as well as different neighborhoods. Topics will include: Legitimacy and Trust: What does the community expect when calling the departments for assistance or in making a complaint? Engagement and Communication Does the community feel that the RPD and RFD are transparent? Are there sufficient ways for the community to express concerns? Community Priorities What public safety priorities does the community want the department to focus on? Are the issues with the departments’ alignment with the community’s priorities? The focus group meetings could either be virtual, because of the public health situation. The City would promote these meetings on its social media platforms and website.
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 6
TASK RESULT The project team will gather community input to better understand their views on Police and Fire Department response and alternatives. Task 4 Analysis of Police Department Workloads and Services The project team will develop a comprehensive analysis of operations and services for every function of the departments, together with strategies for achieving the best use of existing resources. Different analytical factors and processes are used to determine service delivery for each function, the project team will examine strategies for deploying, allocating, and managing the operations of personnel. For every function, the analysis will focus on the ability of staff to achieve targeted service levels and support effective operations management. (1) Patrol Workloads, Proactivity, and Staff Deployments Analysis of four (4) years of community-generated calls for service using computer aided dispatch data is central to this effort. project team will determine current service levels through the following: • Analysis of patrol workload, including at the following levels: – Calls for service by hour and weekday, month, area, priority level. – Response and travel times by priority level and call classification. – Total spent handling calls by primary and backup units by time and area. – Factors and assumptions for other workload factors, such as report writing. • Patrol self-initiated activities and community engagement strategies, including: – Self-Initiated activities by hour and weekday. – Trends in types and frequency in which self-initiated activities are generated. – Relationship between patrol uncommitted time and officer-generated activity. Critically especially for field services, how are the community’s perceptions and needs identified and prioritized? The following pages provide additional examples of the firm’s approaches to analyzing crime, calls for service, and patrol proactivity/unallocated time:
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 7
Analysis of patrol proactivity (or % of uncommitted time) at a detailed level is able to show whether the strategies for deploying resources are able to most efficiently provide resources against workload levels as they vary throughout the day and week:
Call frequency analysis to study alternative response, such as in mental health crisis events (2) Investigations The analysis of investigations workload and staffing needs incorporates input received from the interviews conducted with supervisors and line level detectives, comprehensive collection of data to examine caseloads and associated workloads, as well as a review
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 8
of participation in specialized regional task forces. Through this process, the project team will develop an analysis of staffing needs for all investigative functions, including review of the following: • Case assignment and screening. • Average workloads by detective in each investigative unit. • Division of case types by unit – are investigations too generalized or specialized given workloads, service levels, and investigative outcomes? (5) Other Functional Areas In emergency communications the CAD/RMS database used to evaluate patrol would also be used for this function. In addition, shift staffing, operations and employee turnover would be considered. In records and support services, the analysis will focus on hours of coverage, scheduling, and technology. In recruitment and training, how does the RPD identify strong candidates to reflect not only technical abilities but also ethical and engagement needs with the community? How does training in the academy and annual in-service training reinforce this? TASK RESULT The project team will develop an interim deliverable report that provides a comprehensive analysis of the workloads, operations and services of each unit in the Police Department. Task 5 Analysis of Fire and EMS Workloads, Operations and Deployments The project team will develop an analysis of operations, as well as strategies achieving the best use of existing resources. The project team will examine strategies for deploying, allocating, and managing operations. The analysis will focus on the ability of staff to achieve targeted service levels and support effective operations management. (1) Analysis of Responses The project team will evaluate the workloads of the RFD and how it relates to risks. The first step will be a demand study that will analyze and geographically display the current service demand by incident type and temporal variation
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 9
We will develop a matrix for the common and predictable risk types and corresponding resource needs and time standards to mitigate these types of emergencies. This will allow comparison of the current deployment capabilities against community risks, call demand and community expectations. At the same time we will evaluate the current facility and apparatus deployment strategy, analyzed through GIS software, with identification of service gaps and redundancies in initial unit arrival. The project team will then review and evaluate responses in areas specifically involved in, or affecting, service levels and performance. Key areas to be reviewed will include: • Analysis of response time capability to achieve a full effective response force • Analysis of company and staff distribution as it relates to the assembly of an effective response force.
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 10
= • Analysis of current workloads, including unit hour utilization of individual companies • Analysis of call concurrency and the impact on the ability to assemble an effective response force an impact on resource exhaustion, including reflex and travel times • Review of current automatic and mutual aid documents to determine the ability of outside agencies to assist in the delivery of emergency services and development of an effective response force (2) Fire Prevention Services Through interviews with Department staff, analysis of existing codes and ordinances and discussion with Planning and Development Services representatives in the City, we will
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 11
gain a full understanding of the current approach to providing fire prevention related services. This will include: • Understanding the organization and responsibilities of fire prevention services to include responsibilities for plan reviews, inspections, public education, and other fire prevention activities. • How are development services coordinated in the City? • How are fire suppression and EMS personnel used to assist in fire prevention efforts? • How does fire prevention fit into the overall City risk management programs? (3) Internal Support Services This task will examine the various support services of the Fire Department to include training, fitness and wellness and administrative support. This information will provide a base to assess issues associated with: • Initial and ongoing training of sworn and civilian personnel • Training facilities • Recruitment and retention approaches used in the Department • Roles of administrative personnel (e.g., finance, human resources, IT). TASK RESULT The project team will develop an interim deliverable report that provides a comprehensive analysis of the workloads, operations and services of each unit in the Fire Department. Task 6 Final Report Following the analysis, the project team will develop the final report. The report includes a comprehensive analysis of all items in the scope of work, along with timelines, impacts, and targets for implementing changes. Upon finalization of the report, the project team will be available to present the results of the study to the Richmond City Council – either virtually or in person, depending on the status of current health orders. TASK RESULT The project team will complete a draft and final reports, The project team will be available as to present the final report to the City Council in a public meeting.
Proposal for an Emergency Services Analysis Richmond, CA Matrix Consulting Group 12
C. Schedule The following presents our proposed timeline to complete the study on a week-by-week basis. As can be seen, we are proposing a moderately longer schedule than was envisioned in the RFP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Initiation & Interviews
Department Profiles
Community Input
Police Services
Fire Services
Final Report
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
March 15, 2022
Human Resources
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Anil Comelo, Interim Deputy City Manager
Sharrone Taylor, Principal Personnel Analyst
Subject:
Resolution Amending the Salary Schedule for
Neighborhood Change Agent, Resident Housing
Manager, Senior Resident Housing Manager
FINANCIAL IMPACT: Neighborhood Change Agents (Office of Neighborhood Safety): The four (4) incumbents in the Neighborhood
Change Agent position will receive the step increase to allow a salary increase of at least 5 percent, as required by the Personnel Rules. For the last quarter of FY 2021- 2022, this will equate to approximately $22,506 (salaries and benefits). The fiscal impact for the seven (7) vacant positions is unknown as it will be based on hire date,
negotiated salary and benefits. The fiscal impact
associated with the new positions is covered by the
additional funds received as part of the Council-approved Reimagining Public Safety Community Task Force
recommendations (ONS - 01211013 400003).
Resident Housing Manager and Senior Resident Housing
Manager (Richmond Housing Authority): The fiscal
impacts for both positions will be determined by when the candidates will be hired and at what step, as well as the applicable benefits (RHA Nystrom 44545191-400003,
Nevin 44444191-400003).
PREVIOUS COUNCIL
ACTION:
June 16, 2021 - Allocation of six (6) Neighborhood
Change Agents and November 2, 2021 - Establishment
of Senior Resident Housing Manager classification and
wages.
AGENDA
REPORT
March 15, 2022
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to establish equitable salary ranges for general classifications.
RECOMMENDED ACTION:
ADOPT a resolution amending the salary schedule for
Neighborhood Change Agent, Resident Housing
Manager, Senior Resident Housing Manager
Classifications – Human Resources Department (Anil
Comelo/ Sharrone Taylor 510-620-6600
DISCUSSION:
There has been a renewed focus on recruiting employees who provide direct services to residents and are members of SEIU Local 1021, Mid-Management IFPTE Local 21, and the public safety unions. There is a need to fill positions promptly to meet the needs of the community and departments, particularly for vacancies in the Office of Neighborhood Safety and the Richmond Housing Authority.
Due to several factors, including a unique and specific skillset for these positions and wages that are not competitive in the market, the ability to fill these vacancies is challenging. Human Resources Department staff analyzed these positions within the general classifications and are bringing forth proposed revisions to the salary ranges for Neighborhood Change Agent, Resident Housing Manager, and Senior Resident Housing Manager. The Senior Resident Housing Manager salary range was adjusted in 2021; however, it did not address potential compaction issues between the Resident Housing Manager and Senior Resident Housing Manager.
Below is a table that illustrates the comparison of the current and proposed salaries (not including benefits) and the fiscal impact for the fourth quarter of FY 2021-2022 (April – June).
Annual Cost at Top of
Range
Cost in FY 2021-2022
Job Class Current Proposed Current Proposed
Neighborhood Change
Agents $55,128.00 $73,599.00 $13,782.00
$18,400.00
Annual Cost at Top of
Range
Cost in FY 2021-2022
Job Class Current Proposed Current Proposed
Resident Housing Manager $24,828.00 $56,637.00 $6,207.00 $14,159.00 Senior Resident Housing
Manager $51,648.00 $61,734.00 $12,912.00
$15,434.00
The City is currently actively recruiting for the Resident Housing Manager and Senior Resident Housing Manager vacancies with the goal to fill these vacancies in April.
March 15, 2022
Additionally, the four (4) current Neighborhood Change Agents will be granted a step increase to attain a salary increase of at least 5 percent (as required by the Personnel Rules). Corresponding benefits for these current employees are assessed at a value of an additional 25 percent of base salary over the existing benefits percentage. While there is an active employment list that the department is currently vetting, Human Resources will re-open the Neighborhood Change Agent announcement, once the new salary range is approved, to provide enough candidates to fill the current outstanding seven (7) vacancies before the end of FY 2021-2022.
Approval of the new proposed salary ranges will offer an equitable and viable salary range for these hard-to-fill positions with the hopes to attract, recruit, and retain high- quality candidates.
NEXT STEPS:
Staff recommends the amendment of the salary schedule to include the wages and salaries for these classifications.
Accordingly, the attached resolution will adjust the salary ranges for these classifications in the following manner:
Classification Current
Grade
Current Range New
Grade
New Range Unit
Neighborhood
Change Agent
014A $3,778 - $4,594 014B $5,046 – $6,133 General
SEIU
1021
Resident Housing
Manager
9 $1,703 – $2,069 9B $3,883 – $4,720 General
SEIU
1021
Senior Resident
Housing Manager
545A $3,538 – $4,304 545B $4,232 – $5,144 General
SEIU
1021
Note: The salary numbers are rounded in both tables
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending the Salary Schedule
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
AMENDING THE SALARY SCHEDULE
WHEREAS, the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and
WHEREAS, the City wishes to amend the salary schedule and such amendments are supported by the City Manager.
NOW, THEREFORE BE IT RESOLVED, that effective March 15, 2022, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.
Job Classification Range
Step 1 or
Min. Step 2 Step 3 Step 4
Step 5 or
Max. FLSA Unit
1312
Neighborhood
Change Agent 014B $5,045.81 $5,298.10 $5,563.00 $5,841.15 $6,133.21 Non-
Exempt General
1353
Resident Housing
Manager 9B $3,882.92 $4,077.07 $4,280.92 $4,494.97 $4,719.72 Non-
Exempt General
1388
Senior Resident
Housing Manager 545B $4,232.38 $4,444.00 $4,666.20 $4,899.51 $5,144.49 Non-
Exempt General
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
March 15, 2022
Library and Community Services
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director, Library and
Community Services Department
Tamara Walker, Deputy Director, Employment and
Training Division
Fred Lucero, RichmondBUILD Program Manager
Subject:
Graphic Art Services and Promotional Products for
Richmondworks and the RichmondBUILD Academy.
FINANCIAL IMPACT: The Employment and Training Department has budgeted for the $11,000 amendment to this contract within
RichmondWORKS and RichmondBUILD grant
contributions. There will be no fiscal impact upon the City’s General Fund. The account allocations for this
amendment are:
-RichmondWORKS: 12576841-400802-42901 $3,000
-RichmondBUILD: 12576441-400802-42113 $8,000
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Employment and Training Department is seeking to
amend its contract with Alliance Graphics, Inc. to provide additional graphic art services and promotional products in support of the RichmondBUILD Academy and the
RichmondWORKS Workforce Development Programs
AGENDA
REPORT
March 15, 2022
RECOMMENDED ACTION:
APPROVE an amendment to the contract with Alliance
Graphics, Inc. to provide additional graphic art services and promotional products for RichmondWORKS and the
RichmondBUILD Academy. The contract term will be
extended through June 30, 2023, and the contract
amount will be increased by $11,000, for a total contract amount not to exceed $51,000 – Community Services
Department – Employment and Training Division
(Tamara Walker/Fred Lucero 510-621-1562)
DISCUSSION:
Alliance Graphics continues to be the Employment and Training Department’s best source for custom printed products including t-shirts, sweatshirts, and several promotional specialty products. They have also provided excellent embroidery services for polo shirts, jackets, and bags. From shirts to mugs, Alliance Graphics remains a viable source of promotional items for RichmondWORKS and the RichmondBUILD Academy.
Under this contract amendment, Alliance Graphics will continue to provide additional graphic art services and promotional products, as needed.
The Bids-On-Line process was used to announce the original Request for Proposals (RFP), as required by the City’s Local Business Ordinance. Alliance Graphics was the only respondent to the RFP; to date, their services have been outstanding. The Local Employment Ordinance does not apply to this contract because it is not a construction or retail project.
DOCUMENTS ATTACHED:
Attachment 1 – Contract Amendment No. 4
Attachment 2 – Contract Amendments No.1-3
Attachment 3 – Original Contract
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
11,000.00
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/26/2021
94596
RICHMOND
BERKELEY
CA
WALNUT CREEK
101 YGNACIO VALLEY RD.S200
CRIST FRITSCHI & PATERSON INS. AGENT/BROKERS INC
[email protected]
(844) 836-6932
(866) 828-2424
Massachusetts Bay Ins Co
Allmerica Financial Benefit
Hanover American Ins Co
22306
41840
36064
✔
✔
2,000,000
1,000,000
10,000
2,000,000
4,000,000
INCLUDED
A
✔
✔
✔
N
N
ZZF D205201 04
04/05/2021
04/05/2022
1,000,000
C
N
N
AWF D695086 02
09/12/2020
09/12/2021
WDF D299561 05
N
✔
1,000,000
1,000,000
1,000,000
B
07/01/2021
07/01/2022
CA
94710
CA
94804
ALLIANCE GRAPHICS INC
1101 8TH ST
330 – 25TH STREET
CITY OF RICHMOND
EMPLOYMENT & TRAINING DEPARTMENT
N
✔
CITY OF RICHMOND
CONTRACT AMENDMENT
De_p_artment: Employment and Training Project Manager: Fred Lucero Project Manager E-mail: Project Manager Phone No:
[email protected] (51 0) 621-1562
P.R. No: Vendor No: 8361 P.O./Contract No: /4963
Description of Services:
Alliance Graphics will provide graphic arts and products services for the RichmondBUILD Academy and RichmondWORKS Workforce Development Program Services.
Amendment No. _1_ modifies the: (2nd or subsequent amendments attach Amendment History page) IZJTerm, Payment Limit and Service Plan D Payment Limit and Service Plan 0Term and Service Plan D Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Alliance Graphics, Inc.
Company Name:
Street Address: 1101 - 8th Street
City, State, Zip Code: Berkeley, CA 94710
Contact Person: Nancy Ippolito
Telephone: (51 0) 845-8835 Email: [email protected]
Business License No: 40039782 I Expiration Date: July 31, 2020 A California[{] cor~ration, n limited liability corporation D general partnership, D limited partnership, indiviatfal, D non-profit corporation, D individual dba as specify:]
0 other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on October 1 o, 2.019 , which original term commenced --------------------~-----------
on October 1, 2019 and terminates June 30, 2021 with an original ----------------------------------- ----------------------------------- contract payment limit of $8,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
22101646
23296
22101646
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
Contract Amendment/EJ/TE 09-26-07
CONTRACTOR:
Alliance Graphics, Inc.
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
~uxud~ By ________________________ _
Title: President
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By: ____________ __
Title: -----------------------
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Contract Amendment between the City of Richmond and
Alliance Graphics, Inc.
Amendment No.
1 P.O./Contract No.
/4963
AMENDMENT PROVISIONS (TERM. PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
October 1 , 2019
(Insert original contract commencement date)
and it terminates
June 30, 2022
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by$ 12,000.00 . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 20.000.00 including expenses."
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $1 0,000."
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
• Contractor shall continue to provide additional graphic arts and products services in · regards to advertising and promoting the RichmondBUILD Academy and RichmondWORKS Workforce Development Program Services, as needed, through the end of fiscal year 2021-22.
• Customized printing on tea-shirts, sweatshirts, coffee mugs, bags, pens; embroidery on polo, jackets and other projects as assigned. • Contractor shall perform the services set forth herein at the following location:
1101 8TH STREET, BERKELEY, CA 94710
Contract Amendment/EJ/TE 9-26-07
Contract Amendment between the City of Richmond and
Alliance Graphics, Inc.
Amendment No. P.O./Contract No.
1 /4963
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
0 Increased contract payment limit by$ 12,000.00 for a payment limit not to exceed $ 20,000.00 .
0 Term Amendment (insert new termination date):_6_-3_0_-_20_2_2 ______ _ 0 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager o for one or more of the following provisions (check those that apply):
D Increased contract payment limit by$ _______ for a payment limit not to exceed $ 20,000.00 .
D Term Amendment (insert new termination date): __________ _ D Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
D Increased contract payment limit by$ _______ for a payment limit not to exceed $ 20.000.00 .
D Term Amendment (insert new termination date): __________ _ D Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 20 000.00
D Term Amendment (insert new termination date): __________ _ D Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 20 ooo oo
D Term Amendment (insert new termination date): __________ _ D Service Plan
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDNYYY)
~ 4/17/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME:
1f,gN~o Ext\: (844) 836-6932 I FAX iAIC Nol: (866) 828-2424 CRIST FRITSCH! & PATERSON INS. AGENT/BROKERS INC E-MAIL Certificate@ Hanover. com ADDRESS:
101 YGNACIO VALLEY RD.S200 INSURER(S) AFFORDING COVERAGE NAIC# WALNUT CREEK CA 94596 INSURER A: Hanover American Ins Co 36064 INSURED INSURER B: Massachusetts Bay Ins Co 22306
INSURERC: Allmerica Financial Benefit 41840
ALLIANCE GRAPHICS INC INSURERD:
1101 8TH ST INSURERE:
BERKELEY CA 94710 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR lOLICYEFF ~~~~6%~1 LTR IINSD lwvD POLICY NUMBER MM/DDNYYYI LIMITS L
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ CLAIMS-MADE GZJ OCCUR DAMAGE TO RENTED 1,000,000 PREMISES lEa occurrence) $ I-- I-- MED EXP (Any one person) $ 10,000
A y N ZZF D205201 03 04/05/2020 04/05/2021 PERSONAL & ADV INJURY $ 2,000,000 I--
~'LAGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 4,000,000 D PRO- GZJ PRODUCTS-COMP/OP AGG $ INCLUDED POLICY JECT LOC OTHER: $
AUTOMOBILE LIABILITY ~~~~b~~~tfiNGLE LIMIT $ 1,000,000
------::-
,/ ANYAUTO BODILY INJURY (Per person) $
-=-OWNED - SCHEDULED c AUTOS ONLY AUTOS y N AWF D695086 01 09/12/2019 09/12/2020 BODILY INJURY (Per accident) $ 7 HIRED 7 NON-OWNED ~P~?~2c~Je~RAMAGE $ AUTOS ONLY AUTOS ONLY -=- ~
$
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $
WORKERS COMPENSATION ,/ I ~ff-ruTE I I OTH-
AND EMPLOYERS' LIABILITY ER Y/N
B ANYPROPRIETOR/PARTNER/EXECUTIVE
[I] N/A N WDF D299561 03 07/01/2019 07/01/2020 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCLUDED OFFICER: HOWARD LEVINE
The City of Richmond, its officers, officials, employees, agents and volunteers are Additional Insured on the General Liability and Auto Liability pursuant to the terms and conditions by form 421-2915 and by form CA0001. Additional Insured is Primary and Noncontributory to the extent provided by form 421-2915. Cancellation Notice will be provided to the Certificate Holder pursuant to endorsement: 401-1235. Such notice is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF RICHMOND
EMPLOYMENT & TRAINING DEPARTMENT AUTHORIZED REPRESENTATIVE 330-25TH ST '
RICHMOND CA 94804
I
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CITY OF RICHMOND
CONTRACT AMENDMENT
Department : Employment and Training Project Manager: Fred Lucero Project Manager E-mail: Project Manager Phone No:
[email protected] (51 0) 621-1562
P.R. No: Vendor No: 8 3 6 ( P.O./Contract No: I 4963
Description of Services:
Alliance Graphics will provide additional graphic arts and products services for the RichmondBUILD Academy.
Amendment No. __£__ modifies the: (2"d or subsequent amendments attach Amendment History page) 0Term, Payment Limit and Service Plan 0 Payment Limit and Service Plan 0Term and Service Plan D Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contract or:
Alliance Graphics , Inc.
Company Name:
Street Address: 11 01 - 8th Street
City, State, Zip Code: Berkeley , CA 94710
Contact Person: Nancy Ippolito
Telephone: (51 0) 845-8835 Email: nancy@unionbug .com
Business License No: 400 39782 I Expiration Date: July 31 , 2021 A California [Z] co r ~ration , n limited liability corporation D general partnership , D limited partnership, indivi~al , D non-profit corporation , D individual dba as specify :]
0 other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on October 1 o, 2019 , which original term commenced ----------~------
on October 1, 2019 and terminates June 30, 2021 with an original ------------------ ------------------
contract payment limit of $8,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. O riginal Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
22100590
24764
4 . Amendment Provisions . This Contract Amendment is subject to the Amendment Provisions attached hereto , which are incorporated herein by reference , and which control over any conflicting provisions of the Original Contract, or any amendment thereto .
5. City of Richmond Business License Active Status Maintained . Pursuant to Municipal Code Sect ion 7.04.030 , the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insuran ce Coverage Updated and Maintained. Pursuant to the Original Contract , the Contractor shall provide the City with updated insurance certificates , and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures . These signatures attest the parties' agreement hereto :
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By_~-tT------
Title : ~ ~A.{f\-vy,('
I hereby certify that the Original Contra ct
and this Amendment have been approved
by the City Council or executed by the City
Manager .
By ~~
City lerk
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
'Co•t.Pe•UEJITE 09-26-07 . .
~.AMJ ~eok ~}tilt
P-0\ CAf:5 ~fi
CONTRACTOR:
Alliance Graphics , Inc.
(*The Corporation Chief Financia l Officer, Secretary or Assistant Secretary should sign on the line below.)
By ?LzJ· kJ4
Title: cFo
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporat ion or nonprofit organizat ion, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financia l
Officer , Secretary or Assistant Secretary ; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
.,
Contract Amendment between the City of Richmond and
Alliance Graphics, Inc.
Amendment No.
2 P.O./Contract No.
/4963
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $8,000.00 . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed$ 28,000.00 including expenses." 'The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $1 0,000."
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services :
• Contractor shall continue to provide additional graphic arts and products services in regards to advertising and promoting the RichmondBUILD Academy as needed, through the end of fiscal year 2021-22.
• Customized printing on tea-shirts, sweatshirts , coffee mugs, bags, pens; embroidery on polo, jackets and other project s as assigned. • Contractor shall perform the services set forth herein at the follow ing location:
1101 8TH STREET, BERKELEY, CA 94710
Contr act Amendment/EJ/TE 9-26-07
22100590
Contract Amendment between the City of Richmond and
Alliance Graphics , Inc.
Amendment No.
2 P.O./Contract No.
/4963
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on 07/21/2020 for one or more of the following provisions (check those that apply) :
0 Increased contract payment limit by$ 12,000.00 for a payment limit not to exceed$ 20 000.00 .
0 Term Amend ment (insert new termination date):_J_u_ne_3_0_, 2_0_2_2 _____ _ 0 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager o for one or more of the following provisions (check those that apply):
0 Increased contract payment limit by $ 8.........,0..._oo ...... ..,.o""'"o ____ for a payment limit not to exceed$ 28,000.00
0 Term Amendment (insert new termination date): __________ _ 0 Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
0 Increased contract payment limit by $ _______ for a payment limit not to exceed$ 28 000.00
0 Term Amendment (insert new termination date): __________ _ 0 Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
0 Increased contract payment limit by$ _______ for a payment limit not to exceed$ 28 000.00
0 Term Amendment (insert new termination date): __________ _ 0 Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
0 Increased contract payment limit by $ _______ for a payment limit not to exceed$ 28,000 oo D Term Amendment (insert new termination date): __________ _ 0 Service Plan
22100590
01/11/2021
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDIYYYY)
~ 10/22/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed .
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
rlJgNJo. Extl: (844) 836-6932 I FAX iAIC Nol: (866) 828-2424 CRIST FRITSCH ! & PATERSON INS. AGENT/BROKERS INC E-MAIL C erti fica te@ Hanover.co m ADDRESS:
101 YGNACIO VALLEY RD.S200 INSURER(S) AFFORDING COVERAGE NAIC # WALNUT CREEK CA 94596 INSURER A : Hanove r American Ins Co 36064 INSURED INSURERS: Massachuse tts Bay Ins Co 22306
INSURERC: Allmerica Financial Benefit 41840
ALLIANCE GRAPHICS INC INSURERD:
11018T H ST INSURERE:
BERKELEY CA 94710 INSURER F :
COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·
THI S IS TO CERTIFY T HAT T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T HE POLICY PERIOD INDICATED. NOTWITH STANDING A NY REQUIREM ENT, T ERM OR COND ITION OF ANY CONTRACT OR OTH ER DOCUMENT WITH RESPECT TO WHICH T HIS
CERT IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAN CE AFFORDE D BY THE POLICI ES DESCRIBED HEREIN IS SUBJECT TO ALL T HE T ERMS, EXC LUSIO NS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAI MS.
INSR ADDL SUBR ~~~}-J%~, 1 1~~~6%~, LTR TYPE OF INSURANCE IINSD lwvD POLICY NUMBER LIMITS .L COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 - ~CLAIMS-MADE [Z] OCCUR ~~~~~H ~E~~~~ence\ $ 1,000,00 0 - MED EXP (Any one person) $ 10,000
A N N ZZF 0 205201 03 04/05/2020 04/05/202 1 PERSONAL & AOV INJURY $ 2,000,000 - ~-L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 D PRO- [Z] INCL UD ED POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $
AUTOMOBILE LIABILITY &~"1.~~d~~tf1NGLE LIMIT $ 1,000,000 ----co-
,/ ANYAUTO BODILY INJURY (Per person) $
c -=-- OWNED r- SCHEDULED
AUTOS ONLY AUTOS N N AWF 0 695086 02 09/12/2020 09/12/202 1 BODILY INJURY (Per accidenl) s 7 HIRED 7 NON-OWNED r:e?~~c~Ie';,8AMAGE $ AUTOS ONLY AUTOS ONLY -=-- r=- $
UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION ./ I ~.ffruTE I I OTH-
AND EMPLOYERS' LIABILITY ER
YI N
B ANYPROPRIETORIPARTNERIEXECUTIVE
[BJ N WDF 0 29956 1 04 07/01/2020 07/01/202 1 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N /A
(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,00 0 ~~~~~r~ms'~ o1gP ERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS .
EMPLOYMEN T & TRA INING DEPAR TMENT
CITY OF RICHMO ND AUTHORIZED REPRESENTATIVE
330 - 25TH STREET
~\)J'L~--kQ)-, RICHMOND CA 94804
I
© 1988 -2015 ACORD CORPORATION. All nghts reserved .
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD