Richmond City Council
June 7, 2022

..

PACEP4223633
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES

OR CONTRACTORS - SCHEDULED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Name Of Additional Insured Person(s)
Or Organlzatlon(s) Locatlon(s) Of Covered Operations
Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
A. Seclion XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person{s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily Injury, property damage, personal and advertising injury, environmental damage , or cleanup costs caused, in whole or in part by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your oehalf; in the performance of your ongoing operations for the additional insured(s) at the location(s)­ designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such add ~ ional insured will not be broader than that which you are required by the contract or agreement to provide for such add~ional insured.

B. With respect to the insurance afforded to these additional insureds. the following addrtional exclusions apply:

This insurance does not apply to bodily injury or property damage occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of t he additional insured(s) at the location of the covered operations has been completed; or

2. That portion of your work out of which the injury or damage arises has been put t o its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

EPACElOl-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1of2 with its permission.

C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE:

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

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Liability shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE101·0814 Includes copyrighted material of Insurance Services Office, Inc., Page2of2 with its permission.

..

PACEP422363
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION BY US­

CERTIFICATE HOLDER(S)
This endorsement modifies Insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Certificate Holder(s}:

PER THE SCHEDULE ON FIT....E WITH COLONY
Section XXUI. CONDmONS, 4. Cancellation is amended by the addition of the following:

If we cancel this Policy before the expiration date thereof, we will mail 30 days written notice ( 1 0 days for non·payment of premium) to the Certificate Holder(s} indica led in the SCHEDULE above.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE106-0714 Page 1 of 1

'.

PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

PRIMARY AND NON-CONTRIBUTORY­

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

EnviroPACE Insurance Policy

SCHEDULE
Person(s) or Organization(s):

Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
Seclion XXIII. CONDmONS, 14. Other Insurance is amended by the addition of the following:

This insurance is primary to and will not seek contribution from any other insurance available to lhe person(s) or organization(s) listed in the SCHEDULE above provided that:

1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organizatlon(s) listed in the SCHEDULE. .

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE107-0714 Includes copyrighted material oi lnsurance Services Office, Inc., Page 1 of 1 with its permission.

..

PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION FOR SPECIFIED

PERSON, ENTITY OR ORGANIZATION
This endorsement modifies insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Name Of Person(s), Entlty(les) or Organlzatlon(s):

Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
Section XXIII. CONDtTIONS, 17. Subrogation is amended by the addition of the following:

In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, enl~y or organizalion. The Insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shaH do anything to prejudice such rights.

Any recovery obtained as a result of subrogation. after such expenses incurred in the subrogalion proceedings are deducted by us, shall accrue first to the insured to U1e extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Polley; and then to the insured to the extent of its Deductible.

However. solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery agalnst the person(s), entity{ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s). entity(ies) or organization(s).

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE113-0714 Page 1 of 1

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Employment and Training Dept. Project Manager: Fred Luce ro Project Manager E-mail: Project Manager Phone No:
[email protected] (51 0) 772-8105
P.R. No: Vendor No: 1419 P.O./Contract No: /5016
Description of Services:

Contractor shall provide additional Hazardous Materials training and certification at the Richmond BUILD Academy.

Amendment No . ..1..._ 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 Contractor:

National Association of Training and Environmental Consulting (NATE C) Company Name: International, Inc.

Street Address: P.O. Box 25205
City, State, Zip Code: Anaheim , CA 92825
Contact Person: Allison Croulet
Telephone: (909) 697-6407 Email: [email protected] Business License No: 40059399 I Expiration Date: November 5, 2021 A California [Z] corporation, n limited liability corporation D general partnership, D limited partnership, D indiviCrUal, 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 December 20, 2019 , which original term commenced on December 3, 3019 and terminates June 30, 2021 with an original ------------------
contract payment limit of $45,000.00 . 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.
25421
22200171

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 .

By ~- Ct~--
City Clerk
Approved as to form:

B~~~
City Attorney ~
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
Contract Amendment/EJ/TE 09-26-07
CONTRACTOR:

National Association of Training and Environmental
Consultina (NATEC) International. Inc.
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By m~\\- ~ - }5-~ 1
Title: CJt, ~ f [, tf/J(}/ t.tt1l tJ f r I u ll-
(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
National Association of Training and Environmental Consulting £NAJfC) l~ternatjonal, Inc men ment o. P.O./Contract No. 2 /5016

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$ 22,038.00 . 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 $ 71,738.00 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:

Provide services for 2 additional training cohorts:

NATEC International, Inc. will provide the following training services:
• Hazardous Waste Operations and Emergency Response (HAZWOPER) certification; ·Occupational Safety and Health Administration (OSHA)30 ,Construction Industry ; • Medic First Aide/Cardiopulmonary resuscitation (CPR);

1. Contractor shall not be limited to the classes listed above , and may provide other trainings if requested by the Project Manager.

2. City of Richmond shall determine the dates and times of the classes, and provide a suitable training space with a projector or flat screen display for presentations.

3. Contractor shall schedule/notify appropriate governing bodies of training classes and report trainees' completion of trainings within required time limits.**Contractor shall be responsible for submitting course completion paperwork and ID photo to CA Department of Public Health to certify graduates .**

4. Contractor shall provide hard copy certificates of completion and wallet cards for all trainings that indicate: expiration dates , training provider information, and trainee name. ALL CERTIFICATIONS SHALL BE DELIVERED TO PROJECT MANAGER; CERTIFICATIONS SHALL NOT BE GIVEN TO INDIVIDUAL PARTICIPANTS.

5. Contractor shall provide laptop for presentations , student manuals , worksheets , exams , and
Contract Amendment/EJ/TE 9-26-07
22200171

ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDDIYYYY)
~ 1212312020
THIS C ERTIFICATE IS ISSU ED AS A MATTER OF IN FORMATION 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 CO NTRACT BETWEEN THE ISSUING INSURER (S), AUTHORIZED REPRESENTATIVE OR PRODU CER, AND THE CERTIFICATE HOLDER.

IMPORTANT : If the certif icate holder is an ADDITIONAL INSURE D, the policy(les) must have ADDITIONAL INSURE D provisions or be endorse d.

If SUBROGATION IS WAIVED , subject t o the terms and cond itions of the policy , certai n policies may require an endorsement. A stateme nt on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~~~~~~"' KathyWidak
W estem Insurance Mktg Corp 1 r:,gNNe.. Ext): 909-860-0599 l{fl~. No):
3 l 5 A S Diamond Bar Blvd I~[%A~~SS: kathyw@w estem-in surance.net INSURER(S) AFFORDING COVERAGE NAIC#
Diamond Bar CA 91765 INSURER A: COLONY INSURANCE COMPANY 39993 INSURED INSURER B: STATE COMPENSATION INS FUND 35076
NA TEC lntemational, Inc. INSURERC: INFIN ITY iNS URA NCE COMPANY 22268 PO BOX 25205 INSURERD:

INSURER E:

ANAHEIM CA 92825 INSURERF:

COVERAGES CERTIFI CATE 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. NOT'MTHSTANDING 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. l 'rf'~ TYPE OF INSURANCE l~s"~ -w~ POLICY NUMBER I!M~lil'D~ (Mt;;r&'o~ LIMITS I ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1000000 =:JcLAIMS -MADE ~OCCUR
1 PRE'MIS'Es (E~ ~:ence> s 100000
-
MED EXP (Any one person) s 5000
-
A y y PACEP4223633 12/2712020 12/27/2021 PERSONAL & ADV INJURY s 1000000 -
~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 DPRO- D PRODUCTS- COM PlOP AGG $ 2000000 POLICY JECT LOC OTHER: $
AUTOMOBILE LIABILITY (Ea accide~tJINl>Lt:. LIM I' $ 1000000 K ANY AUTO BODILY INJURY (Per person) $
c
-<-..:0 0\MIIED - SCHEDULED y y 504610112397001 1212712020 1212712021 BODILY INJURY (Per accident) S AUTOS ONLY AUTOS - HIRED - NON-0\MIIED I (~';:'~2Jdent)AMA<.>t:. $ - AUTOS ONLY - AUTOS ONLY
$
UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 1000000
A ~ EXCESS LIAB CLAIMS-MADE EXC4223634 12/27/2 020 12/27/2021 AGGREGATE s 1000000 OED I I RETENTION $ s
WORKERS COMPENSATION K l ~f~TUTE I l ¥d-AND EMPLOYERS' LIABILITY y 1 N ~i PROPRIETOR/PARTNER/EXECUT IVE~ NI A E.L. EACH ACCIDENT $ 1000000 B FICERIMEMBER EXCLUDED? Y y 9050050 03/ 1512020 03/ 15/202 1 Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ 1000000
6~;~~tir~ 'b~'6PERATIONS below E.L. DISEASE- POLICY LIMIT s 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached if more space Is required) T he C ity ofRiclu nond , its offi cers, official s, em ployees, agents and volunteers are added as additiona l insured includin g primary and non contributory wording per endorseme nts attached(p er schedu le on file w ith Colony Ins). Workers' Compe nsation waive r of subrogation appl ied p er endorsem ent attached.
30 day notice o f cancellation I 0 day for non paym ent of premium

CERTIFI CATE HOLD ER CANCELLA TION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WIL L BE DELIVERED IN City of Richmond ACCORDANCE WITH THE POLICY PROVISIONS.

Employme nt & Trainin g Department AUTHORIZED REPRESENTATIVE 330-25 th Street
_L Richmond CA 94804
KoA~W~
© 1988 -2015 ACORD CORPORAT ION. A ll nght s reserved .

ACORD 25 (2016/03) The ACORD n ame and logo are registered marks of ACORD

NATEINT-01 KPHAM
ACORD · CERTIFICATE OF LIABILITY INSURANCE l

DATE (MM/DDIYYYY)
~ 3/18/2021
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 certific ate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED prov ision s o r be endorsed.

If SUBROGATION IS WAIVED , subjec t to the terms and conditions of the policy , certain polic ies may require an endorsement. A statement on this certificate does not confer rights to the certificat e holder in lieu of such endo rsement(sj.

PRODUCER License# 0548614 2~~p,-cT Katherine Widak
Western Ins uran ce M arke t ing Corporation W8~Jo, Ext): I FAX (AIC No): PO Box 4760 ~o'iA~~ss, kathyw@weste rn-i ns u ran ce. net Diamond Bar, CA 91765 INSURER/51 AFFORDING COVERAGE NAIC#
INSURER A: State Comp Insurance Fund 35076
INSURED INSURERS:

NATEC Internationa l, Inc. INSURERC:

PO BOX25205 INSURERD:

ANAHEIM, CA 9282 5 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER ·

THIS IS TO CERTIFY THAT TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA NDING ANY REQUIREMENT, TERM OR CON DITION OF ANY CONTRACT OR OTHER DOCUME NT WITH RESPECT TO WHICH THIS

CERT IFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . '~f~ TYPE OF INSURANCE ~fJ- ~& POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s r-- :J CLAIMS-MADE 0 OCCUR DAMAGE WF~ENTE D r-- s
r-- MED EXP /Anv one oersonl s
r-- PERSONAL & ADV INJURY s
H 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s
POLICY 0 ~f8T D LOC PRODUCTS· COMP/OP AGG $
OTHER: s
~TOMOB I LE LIABILITY fg•::~~~~tf1NGLE LIMIT $
ANY AUTO BODILY INJURY (Per person) s r-- 0\MIIED - SCHEDULED r-- AUTOS ONLY - AUTOS BODILY INJURY (Per accident) S
~GRMsoNLY ~ama~Jt~ FJf.OPERJ,;f,,~AMAGE s r-- - er aoo ent s
UMBRELLA LIAB H OCCUR EACH OCCURRENCE s r-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ s
A WORKERS COMPENSATION X I ~¥~TUTE I I ~~H-AND EMPLOYERS' LIABILITY YIN X 9050050 3/15/2021 3/15/2022 1,000 ,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT s ~FICERIM EMBE R EXCLUDED? NI A 1,000,000 andatory In NH) E.L. DISEASE· EA EMPLOYEE S ~~~~~r~ff~ (WgPERATIONS below E.L. DISEASE· POLICY LIMIT s 1,000 ,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLIES (ACORD 101, Additional Remarl<s Schedule, may be attached ir more space Is required) Waiver of Sub rogation app lies to W orkers Compensation to the e xtent provided in the attached form .

CERTIFICATE HOLDER CA NCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ric hmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Employm ent & Training Department 330-25th Street
Richmond, CA 94804

AUTHORIZED REPRESENTATIVE
I ~
A CORD 25 (2016/03) © 1988 -2015 ACORD CORP ORATION . A ll rights reserved.

The A CORD nam e a nd logo are regis t ere d m arks of ACORD Page 256 of 1235

STATE ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS

BROKER COPY

COMPENSA TION

INSURANCE
FUNO

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
EFFECTIVE MARCH 15, 2021 AT 12.01 A.M.

AND EXPIRING MARCH 15, 2022 AT 12.01 A.M.

NATEC INTERNATIONAL, INC
PO BOX 25205
ANAHEIM, CA 92825

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
9050050-21

RENEWAL
sc
5-04-55-10
PAGE 1 OF

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE

OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
~:,{.q
MARCH 11, 2021
IL,~~ .4!~:,~

PRESIDENT AND CEO
2572
SC IF FORM 10217 (REV.7· 2014) OLD DP 217
1

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.

Employment & Training Division Fred Lucero
fred [email protected] (510) 772-8105
1419 /5016
Contractor shall provide additional Hazardous Materials training and certification at the Richmond BUILD Academy.
3 National Association of Training and Environmental Consulting (NATEC) International, Inc.

P.O. Box 25205
Anaheim, CA 92825
Allison Croulet
(909) 697-6407 [email protected]
40059399 November 5, 2022
December 20, 2019
December 3, 2019 June 30, 2021
45,000.00
DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55 22200709

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
Contract AmendmenUEJ/TE 09-26-07
CONTRACTOR:

National Association of Training and Environmental
Consultina (NATEC) International. Inc.
(*The Corporation C hairpe rs o~f the Board, President or Vice-President s::s· n on e line below.)1 /
.\ I 2./ l.~ Z.l
By 'LY\ . -
Title :X n..cz s. 'l>tJ-..1--r-
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary s~ign \.the li ~ez.~~~~}z
1 ByC'CJ 'v..__) .\~
Title : {;.. f 0
(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 .

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

Contract Amendment between the City of Richmond and
National Associat ion of Training and Environmental Consulting (NATEC) International, Inc.

Amendment No.
3 P.O./Contract No.
/5016

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
December 3, 2019
(Insert original contract commencement date)
and it terminates
June 30, 2023
(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$ 15,000.00 . 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$ 86,738.00 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:

Please see Amendment to Service Plan.

Contract Amendment/EJ/TE 9-26-07
DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting (1\JATI=t:\ lntt:.rn::ltinn::ll lnr
Amendment No .
3 AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR'S OBLIGATION'S)
P.O./Contract No.
/5016
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services :

Provide services for an additional training cohort:

NATEC International , Inc. will provide the following training services :
• Hazardous Waste Operations and Emergency Response (HAZWOPER) certification; • Occupational Safety and Health Administration (OSHA)30 ,Construction Industry ; • Medic First Aide/Cardiopulmonary resuscitation (CPR);

1. Contractor shall not be limited to the classes listed above , and may provide other trainings if requested by the Project Manager.

2. City of Richmond shall determine the dates and times of the classes, and provide a suitable training space with a projector or flat screen display for presentations .

3. Contractor shall schedule/notify appropriate governing bodies of training classes and report trainees' completion of trainings within required time limits. **Contractor shall be responsible for submitting course completion paperwork and ID photo to CA Department of Public Health to certify graduates.**

4. Contractor shall provide hard copy certificates of completion and wallet cards for all trainings that indicate: expiration dates , training provider information , and trainee name. ALL CERTIFICATIONS SHALL BE DELIVERED TO PROJECT MANAGER ; CERTIFICATIONS SHALL NOT BE GIVEN TO INDIVIDUAL PARTICIPANTS.

5. Contractor shall provide laptop for presentations , student manuals , worksheets , exams, and
Contract Amendment/
Contract Amendment/EJ/TE 9-26-07
DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting ff\IATI=r.\ lntorn~tinn~l lnl"
Amendment No.
3 P.O./Contract No.
/5016

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 May 5, 2021 for one or more of the following provisions (check those that apply) :
0 Increased contract payment limit by$ 4,700.00 for a payment limit not to exceed$ 49,700 .00 .
0 Term Amendment (insert new termination date):_J_u_n_e_3_0_, 2_0_2_2 _____ _ D Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on July 28, 2021 for one or more of the following provisions (check those that apply):
0 Increased contract payment limit by $ ... 2..,.2,,_,.0""'3.>.!.8,_,.0'""0-___ for a payment limit not to exceed$ 71 ,738.00
D 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$ 15,000.00 for a payment limit not to exceed $ 86 738.00 .
0 Term Amendment (insert new termination date): June 30, 2023 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):

D Increased contract payment limit by $ _______ for a payment limit not to exceed$ 86 738.00
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$ 86,738 oo D Term Amendment (insert new termination date) : __________ _ D Service Plan
DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

....-----, NATEINT-01 KPHAM
ACORD " . CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDDIYYYY)
~ 3/18/2021
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 CERTIFI CATE OF INSURANCE DOES NOT CONSTITUT E A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATI VE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT : If the certifi cate holder is an ADDITIONAL INSURED, the pollc y(les) must have ADDITIONAL INSURED pro visio ns o r b e endorsed.

If SUBROGATI ON IS WAIVED, subject to the terms and condit ions o f the policy, certain polic ies may require an end orse ment. A statement on this certifi cate doe s not confer right s to the certificate holder in lieu of such endorsement( s).

PRODUCER License # 0548614 2~tl !~c T K atherine W id ak Western Insur ance Marketin g Corporation rA~g~N<o Ext): I FAX PO Box 4760 iAIC,No):

Diamond Bar, CA 91765 io"lfJ~ss: kathyw@west e rn- lns urance .net INSURER/51 AFFORDING COVERAGE NAIC #
INSURER A: State Comp Ins u rance Fund 35076
INSURED INSURER B :

NATEC Internation al, Inc. INSURERC:

PO BOX 25205 INSURER D:

ANAHEIM, CA 92825 INSURER E:

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 11\JHICH 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 . l~f: TYPE OF INSURANCE l~,l>J>ci- W!M POLICY NUMBER • t%t~mF 1 ,roLicY EXP LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s f--
tJ CLAIMS-MADE 0 OCCUR ~~~*~~?e~~~~ncel f-- s
f-- MED EXP IAnv one oersonl s
f-- PERSONAL & ADV INJURY s
R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s
poucv 0 ~r&,= D LOC PRODUCTS ·COM PlOP AGG s
OTHER: s

AUTOMOBILE LIABILITY I--
fi,~~~~1(1NGLE LIMIT s
f-- ANY AUTO
- SCHEDULED
BODILY INJURY (Per person) s
011\tlED
I-- AUTOS ONLY - AUTOS BODILY INJURY {Per accident\ S
f-- ~/ffJ's ONLY - ~8~o~~1.~ Ft.9~29JJ,t~AMAGE s
s
f-- UMBRELLA LIAB HOCCUR EACH OCCURRENCE s
EXCESS LIAB CLAIMS-MADE AGGREGATE s
OED I I RETENTIONs s
A WORKERS COMPENSATION X I ~~~TLITE I I ~~H-AND EMPLOYERS' LIABILITY YIN X 9050050 3/1 5/2021 3/1 5/2022 1,000,0 00 ANY PROPRIETORJPARTNERIEXECUTIVE D E.L. EACH ACCIDENT s ~FFICERIM~BER EXCLUDED? N/ A 1,000 ,000 Mandatory n NHI E.L. DISEASE. EA EMPLOYEE S ~~;~j~fJ'~ 'b~gPERATIONS below E.L. DISEASE-POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, rn•y bo •H•ched if more sp•co Is roqulrodl Waiver of Subrogation applies to Workers Compensatio n to the extent provided in the attached form.

CERTIFICATE HOLD ER CANC ELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL B E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Empl oy ment & Trainin g Departm ent 330-25 th Street
Richmond, CA 94804

AUTHORIZED REPRESENTATIVE
I ~
ACORD 25 (201 6/03) © 1988-2015 ACORD CORPORATI ON. All r1ght s reserved.

The ACOR D n ame a nd log o are regis tered m arks of ACO RD DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

DocuSign Envelope ID: A24A50EB-2F8E-4BE0-BD6B-060E0CC4AA55

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

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

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

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

June 7, 2022

Library and Community Services

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Director of Library &
CommunityServices
Ranjana Maharaj, Deputy Director for Community
Services - Recreation
Kymberlyn Carson-Thrower, Recreation Supervisor

SUBJECT:

Approve the production agreement addendum #2 with
Pyro Spectaculars North Inc. For a fireworks display
show on July 3rd at the Marina Bay Park.

FINANCIAL IMPACT: There will be a $44,000 financial impact to the General Fund in account number 01254551-400222. In addition
to this cost, the City and the vendor have agreed that the City’s Fire Department will be in attendance and will be standing by, which may incur additional costs.

PREVIOUS COUNCIL
ACTION:

May 5, 2019; June 23, 2020; and July 6, 2021

STATEMENT OF THE
ISSUE:

Following a two-year hiatus due to COVID-19 and health
protocols, staff is seeking approval of the Production
Agreement Addendum #2 with Pyro Spectaculars North
Inc. in the amount of $44,000 to provide a fireworks
display show for the City of Richmond on July 3, 2022, at the Marina Bay Park, with a term ending date of July 3, 2022.

AGENDA
REPORT

June 7, 2022
RECOMMENDED ACTION:

APPROVE the Production Agreement Addendum #2 with
Pyro Spectaculars North Inc. in the amount of $44,000 to provide a fireworks display show for the City of Richmond on July 3, 2022, at the Marina Bay Park with a term
ending date of July 3, 2022 – Library and Community
Services (Ranjana Maharaj/Kymberlyn Carson-Thrower,
510-620-6789).

DISCUSSION:

Each year, the Community Services, Recreation Division coordinates with several departments, vendors, and agencies to host the Annual Third of July Fireworks celebrations. The planning and coordination of the annual fireworks event starts as early as January. A special event permit is routed as part of the approval process which requires approvals from the Richmond Police Department, Fire Department, and other city departments. The vendor is required to coordinate barge services, approval to use a port for loading fireworks, and other permits.

The City entered into a production contract with the fireworks vendor, Pyro Spectaculars North Inc., in 2019 for a three-year contract (Attachment 1). However, due to the Center for Disease Control and Prevention (CDC) instituted COVID-19 protocols, the fireworks were cancelled in 2020 and 2021. Due to the shelter-in-place order initiated by the Contra Costa Health Officer on March 16, 2020, and the subsequent health orders, issued on March 31, 2020, and April 29, 2020, and the prohibition of large gatherings due to the pandemic, the 2020 fireworks celebrations was cancelled.

The July 3, 2021, fireworks celebration was cancelled because Contra Costa County was still in the orange tier during this time. Although the CDC guidelines allowed large gatherings in seated and controlled arenas where proof of vaccination was required, it would have been difficult to meet necessary requirements at the Marina Bay Park since it is an open area with several entry ways.

The Recreation Division negotiated a cancellation fee with the vendor in the amount of $20,000 for 2020 and 2021, and as a result of extending the contract to 2022, the City received a $10,000 credit to use towards the 2022 fireworks show (Attachment 2). The total cost of the 2022 fireworks showcase is $54,000; however, the City will ultimately pay $44,000 as a result of the negotiated $10,000 credit. The higher cost for 2022 is mainly attributable to an increase in the cost of fuel, supplies and shipping, as well as clean-up related charges per new California State Water Board regulations.

City staff recommends that City Council approve the Production Agreement Addendum #2 with Pyro Spectaculars North Inc., in the amount of $44,000 to provide a fireworks display show for the City of Richmond on July 3, 2022 (Attachment 3). If approved, the vendor will allow the City to make its initial payment on June 15, 2022. City staff will adhere to all local, state, and federal rules to keep our community safe during this event.

June 7, 2022

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Contract Addendum #1 with Pyro Spectaculars North Inc.

Attachment 3 – Contract Addendum #2 with Pyro Spectaculars North Inc.

Attachment #2

Attachment #1

June 7, 2022

Mayor's Office

DATE: June 7, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor

Subject: Diversity Celebration Month – June 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City of Richmond celebrates and supports the great
diversity of its residents, an essential cornerstone of a dynamic and prosperous society that sustains local
economies, creates unique and prosperous communities,
promotes social inclusion, and encourages cultural
exchange by bringing people together from different
backgrounds.

RECOMMENDED ACTION: PROCLAMATION declaring June 2022 as Diversity Celebration Month in the City of Richmond – Mayor’s
Office (Mayor Tom Butt 510-620-6503).

DISCUSSION:

Juneteenth commemorates the abolition of slavery in Texas on June 19, 1865, signifying the emancipation of the last remaining enslaved African Americans in the Confederacy more than two years after the Emancipation Proclamation was issued. The City of Richmond celebrates Juneteenth with the Neighborhood Block Association and AGENDA
REPORT

June 7, 2022
the community with family ties from the South, honoring their contributions in our community and passing on their legacy and traditions to future generations.

Lesbian, Gay, Bisexual, and Transgender Pride Month commemorates the Stonewall riots by members of the LGBT community against a police raid at the Stonewall Inn in the Manhattan borough of New York City on June 28, 1969, widely considered to be the most important event leading to the gay liberation movement in the country. The City of Richmond celebrates LGBT Pride Month with Richmond Rainbow Pride and the LGBTIQQ community, honoring their contributions in our community and passing on their legacy and traditions to future generations.

Immigrant Heritage Month commemorates the monumental contributions that immigrants have made, giving people across the country an opportunity to explore their own heritage and celebrate the shared diversity that forms our unique story. The City of Richmond celebrates Immigrant Heritage Month with The Latina Center and the immigrant community, honoring their contributions in our community and passing on their legacy and traditions to future generations.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring June 2022 as Diversity Celebration Month

WHEREAS, the City of Richmond celebrates and supports the great diversity of its residents, an essential cornerstone of a dyn amic and prosperous society that sustains local economies, creates unique and prosperous communities, promotes social inclusion, and encourages cultural exchange by bringing people together from different backgrounds; and

WHEREAS, Juneteenth commemorates the abolition of slavery in Texas on June 19, 1865, signifying the emancipation of the last remaining enslaved African Americans in the Confederacy more than two years after the Emancipation Proclamation was issued; and

WHEREAS, the City of Richmond celebrates Juneteenth with the Neighborhood Block Association and the community with family ties from the South, honoring their contributions in our community and passing on their legacy and traditions to future generations; and

WHEREAS, Lesbian, Gay, Bisexual, and Transgender Pride Month commemorates the Stonewall riots by members of the LGBT community against a police raid at the Stonewall Inn in the Manhattan borough of New York City on June 28, 1969, widely considered to be the most important event leading to the gay liberation movement in the country; and

WHEREAS, the City of Richmond celebrates LGBT Pride Month with Richmond Rain bow Pride and the LGBTIQQ community, honoring their contributions in our community and pass ing on their legacy and traditions to future generations; and

WHEREAS, Immigrant Heritage Month commemorates the monumental contribut ions that immigrants have made, giving people across the country an opportunity to explore their own heritage and celebrate the shared diversity that forms our unique story; and

WHEREAS, the City of Richmond celebrates Immigrant Heritage Month with T he Latina Center and the immigrant community, honoring their contributions in our community and passing on their legacy and traditions to future generations.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council do es hereby declare June 2022 as Diversity Celebration Month in the City of Richmond and honors the occasion by flying the Juneteenth and Rainbow Flags at Richmond City Hall during the month of June.

___________________________
Mayor Tom Butt
City of Richmond, California
June 7, 2022

June 7, 2022

Mayor's Office

DATE: June 7, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor

Subject: California State Senate Bill 917 (Support)
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

California State Senate Bill 917, the “Seamless Transit Transformation Act”, would require the Metropolitan
Transportation Commission to develop and adopt a
Connected Network Plan.

RECOMMENDED ACTION: ADOPT a resolution urging the California State Legislature to enact California State Senate Bill 917 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

DISCUSSION:

The San Francisco Bay Area, despite being an exceptional place to live, faces an uncertain future due to several interrelated crises: decreasing housing affordability; increasing congestion; rising pollution; widening inequality; and the COVID-19 public AGENDA
REPORT

June 7, 2022
health crisis, all of which are exacerbated by an inadequate and poorly performing public transportation system. Despite billions of dollars of investments in new transportation infrastructure over the past five decades, public transit in the Bay Area has failed to attract large numbers of new riders and has never been used by more than 12% of the population for commute trips since 1970, and by contrast, automobiles have always been used for over 75% of commute trips. The quality of and usage of public transit in the Bay Area has declined in recent years, with transit trips per capita declining by 10%, average bus speeds declining by 9%, and transit commute times increasing by 11% between 2001 and 2016.

The California Air Resources Board reported in 2018 that no California regions, including the Bay Area, are on track to meet their greenhouse gas reduction targets, with increasing Vehicle Miles Traveled and declines in transit ridership cited as primary factors.

Using public transit in the Bay Area is inconvenient and costly for many types of trips, requiring riders to use multiple transit systems operated independently with little coordination, pay multiple separate fares, experience unpredictable transfers, and navigate different wayfinding systems and brand identities. Low-income people, many of whom have experienced displacement and have long commutes requiring multiple transit services, are among the most adversely affected by the Bay Area’s poorly integrated public transportation system, experiencing a significant financial burden from needing to pay multiple transit fares or being forced into costly vehicle ownership.

Regions with high-ridership public transportation systems are, by contrast, characterized by highly integrated networks of quality local and regional transit services that make traveling without a private automobile convenient and easy for all types of trips, featuring: aligned routes and schedules; coordinated transfers; high quality transit hubs; common branding and customer information; and other common regional customer experience standards. Regions that successfully integrated and simplified transit fares have experienced many broad social benefits, including a shift in travel from private cars to public transit, an increase in overall public transit usage, and expanded mobility options and cost savings for riders.

A well-functioning and coordinated transit system plays a critical role in supporting public health and safety during an emergency, with 31% of Bay Area essential workers relying on public transit to get to work, and an economic recovery. During and in the aftermath of major disruptions to our transit system, close coordination among agencies facilitates prioritization of the most critical needs, efficient deployment of resources, and clear communication to customers.

The City of Richmond affirms commitment to working collaboratively with state agencies, the Metropolitan Transportation Commission, municipalities, and other public agencies to develop a highly integrated regional transportation system that provides convenient, seamless, and affordable transit.

June 7, 2022
DOCUMENTS ATTACHED:

Attachment 1 – Resolution

RESOLUTION NO. _____

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

CALIFORNIA URGING THE CALIFORNIA STATE LEGISLATURE TO ENACT CALIFORNIA STATE SENATE BILL 917
______________________________________________________________________________

WHEREAS, the San Francisco Bay Area, despite being an exceptional place to live, faces an uncertain future due to several interrelated crises : decreasing housing affordability ; increasing congestion; rising pollution; widening inequality; and the COVID -19 public health crisis , all of which are exacerbated by an inadequate and poorly performing public transportation system; and

WHEREAS, despite billions of dollars of investments in new transportation infrastructure over the past five decades, public transit in the Bay Area has failed to attract large numbers of new riders and has never been used by more than 12% of the population for commute trips since 1970, and by contrast, automobiles have always been used for over 75% of commute trips; and

WHEREAS, the quality of and usage of public transit in the Bay Area has declined in recent years, with transit trips per capita declining by 10%, average bus speeds declining by 9%, and transit commute times increasing by 11% between 2001 and 2016; and

WHEREAS, the California Air Resources Board reported in 2018 that no California regions, including the Bay Area, are on track to meet their greenhouse gas reduction targets, with increasing Vehicle Miles Traveled and declines in transit ridership cited as primary factors; and

WHEREAS, using public transit in the Bay Area is inconvenient and costly for many types of trips, requiring riders to use multiple transit systems operated independently with little coordination, pay multiple separate fares , experience unpredictable transfers, and navigate different wayfinding systems and brand identities; and

WHEREAS, low-income people, many of whom have experienced displacement and have long commutes requiring multiple transit services, are among the most adversely affected by the Bay Area’s poorly integrated public transportation system, experiencing a significant financial burden from needing to pay multiple transit fares or being forced into costly vehicle ownership; and

WHEREAS, regions with high -ridership public transportation systems are, by contrast, characterized by highly integrated networks of quality local and regional transit services that make traveling without a private automobile convenient and easy for all types of trips, featuring: aligned routes and s chedules; coordinated transfers ; high quality transit hubs ; common branding and customer information; and other common regional customer experience standards; and

WHEREAS, regions that successfully integrated and simplified transit fares have experienced many broad social benefits, including a shift in travel from private cars to public transit, an increase in overall public transit usage, and expanded mobility options and cost savings for riders; and

WHEREAS, a well-functioning and coordinated transit system plays a critical role in supporting public health and safety during an emergency, with 31% of Bay Area essential workers relying on public transit to get to work, and an economic recovery; and

WHEREAS, during and in the aftermath of major disruptions to our transit system, close coordination among agencies facilitates prioritization of the most critical needs, efficient deployment of resources, and clear communication to customers; and

WHEREAS, the City of Richmond affirms commitment to working colla boratively with state agencies, the Metropolitan Transportation Commission, municipalities, and other public agencies to develop a highly integrated regional transportation system that provides convenient, seamless, and affordable transit.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council urges the California State Legislature to enact without delay California State Senate Bill 917; and

BE IT FURTHER RESOLVED, that copies of this resolution shall be sent to Governor Gavin Newsom, Senator Nancy Skinner, and Assembly Member Buffy Wicks.

I 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:

Interim City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. XX-XX, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on __________.

Pamela Christian, Clerk of the City of Richmond

June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent

Subject:

First Amendment to a Contract with Hi-Tech Emergency
Vehicle Service for Apparatus Repairs
FINANCIAL IMPACT: The proposed additional $170,000 expenditure will come from the proposed Public Works Fleet Maintenance
budget for FY 2022-2023, and the department will budget accordingly for FY 2023-2024 – 01235031-400501

PREVIOUS COUNCIL
ACTION:

September 20, 2022 – Council approved for a two-year
service contract with Hi-Tech EVS for $170,000.

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval to amend the contract with Hi-Tech
Emergency Vehicle Services for parts and repair services to police and fire apparatus.

RECOMMENDED ACTION:

APPROVE a first amendment to the contract with Hi-
Tech Emergency Vehicle Services for parts and repair
services for police and fire apparatus, extending the term two years through June 30, 2024, and increasing the
contract payment limit by $170,000, for a total amount
not to exceed $340,000 – Public Works (Joe Leach 620-
5478).

DISCUSSION:

AGENDA
REPORT

June 7, 2022
The Richmond Fire and Police Departments (RFD/RPD) currently operate and maintain approximately twenty-five (25) custom-built Hi-Tech Emergency Vehicle Services (EVS) fire and police apparatus, including the following brands: EVI, Spartan, and Crimson.

All units have an expected service life of fifteen (15) years.

All apparatus were custom built by Hi-Tech EVS to the exact specifications set forth by the RFD, RPD, and Fleet Maintenance staff. Hi-Tech EVS is the logical choice for repair of the RFD and RPD fleet because they are the only EVI authorized repair facility in Northern California that can perform warranty work for EVI apparatus. Hi-Tech EVS is also the only Crimson and LTI repair facility in Northern California. In addition, Hi-Tech EVS is an authorized repair facility to perform warranty work on Spartan apparatus.

There are no other dealerships in Northern California that can perform all the above- mentioned brands of fire and police apparatus warranty work in one location.

The original contract with Hi-Tech EVS was based on a two-year sole source justification (approved by Finance on June 22, 2020). A new two-year sole source justification form was approved on May 17, 2022.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – First Amendment to the Contract
Attachment 3 – Approved 2020-2022 Sole Source Justification Attachment 4 – Approved 2022-2024 Sole Source Justification Attachment 5 – Hi-Tech EVS Certificate of Insurance

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
10/1/2021
License # 0E0209620478Hi-Tech Emergency Vehicle Services Inc444 West Greger StreetOakdale, CA 95361-161640517 A 1,000,000X 607926776010/1/202110/1/2022100,00015,0001,000,0002,000,0002,000,0001,000,000A 607926775710/1/202110/1/20225,000,000A 607926777410/1/202110/1/202210,000 5,000,000B X403073710/1/202110/1/20221,000,0001,000,0001,000,000 Project: Richmond Fire DeptCertificate Holder is named as Additional Insured per attached CNA 75079XX 10-16 with Primary wording as required by written contract on the General Liability. Waiver of Subrogation applies to the workers compensation per attached WC990410C.

City of Richmond#6 13th StreetRichmond, CA 94801
HI-TECH-01GBARHAM
DiBuduo & DeFendis Insurance Brokers, LLC1560 Cummins Drive, Suite AModesto, CA 95358-6406Gail [email protected] Fire Insurance of HartfordWCF National Insurance Company AggregateX

X XXXXXX

WC 00 03 13
(Ed. 4-84)
© Copyright 1983–2006 National Council on Compensation Insurance, Inc. All Rights Reserved.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
Policy No. 4030737
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

Insured Hi-Tech Emergency Vehicle Services Inc
Endorsement No.

Premium
Endorsement Effective 10/01/2021
444 West Greger St
Oakdale, CA 95361-8000
WCF National Insurance CompanyInsurance Company
Countersigned by

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

1. Waiver Type Blanket
A blanket waiver of subrogation is granted for all projects and contracts for the below named insured and its subsidiaries for all jobs requiring such a waiver in writing in all states excluding Texas listed under section 3A of your information page.

June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent

Subject:

Approve the Purchase of a New Elgin Street Sweeper
FINANCIAL IMPACT: The funds are available in the Public Works Fleet Maintenance Capital Improvement Projects Fiscal Year
2021-2022 budget – 50335031-400705-03C04

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval for the purchase of one replacement
street sweeper to be used by the Streets Division
RECOMMENDED ACTION:

APPROVE the purchase of a new Elgin street sweeper
from Owen Equipment in an amount not to exceed
$390,000 – Public Works (Joe Leach 620-5478).

DISCUSSION:

Fleet Maintenance staff must replace a 2014 model-year street sweeper that has met and exceeded the industry standards of its useful lifecycle of five years. The new street sweeper will meet updated air emission standards and has a useful life of five years.

This street sweeper is not assigned to a street sweeping route. It will be used by the Street’s paving crew for asphalt grindings. This is the only mechanical type sweeper in the fleet used for this purpose.

AGENDA
REPORT

June 7, 2022
This purchase is in compliance with the Richmond Municipal Code Section 2.52.320 Piggyback procurement which allows for a “piggy-back” purchase using another agency’s purchase contract if it is in the best interest of the City of Richmond.

There are no manufacturers of Elgin street sweepers in the City of Richmond. Owen Equipment is the only authorized dealer in Northern California for Elgin equipment.

The Finance Department has approved the piggy-back purchase.

Based on the Sourcewell Contract #093021-ELG pricing, City staff is recommending the purchase of an Elgin street sweeper from Owen Equipment.

DOCUMENTS ATTACHED:

Attachment 1 – Quote #2022-46961
Attachment 2 – Sourcewell Contract #094021-ELG
Attachment 3 – Finance Department’s approval

Sourcewell Contract #093021-ELG -- Maturity Date: 11/16/2025 Praneet Prasad
Tel: (916)675-2105
Quote Number: 2022-46961
1 of 4

Presents a Proposal Summary

of the

Broom Bear

Broom Bear Single Engine Street Sweeper with Dual Side Brooms

for

The City of Richmond
#6 13th St.

Richmond, CA 94801
USA
ATTACHMENT 1

Quote Number: 2022-46961
2 of 4

PRODUCT DESCRIPTION

· Conveyor squeegee, variable height, right side dumping, 4.5 cubic yard hopper, with dual, hyd raulically driven, trailing arm side brooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage.

STANDARD FEATURES

· Broom side, 46" steel vertical digger 4 or 5 segment
· Broom side, air floating suspension with adjustable reach, air deploy · Broom, main, 34" diameter, 60" wide prefab disposable · Broom Measurement Ruler
· Conveyor chain, hardened with polyurethane sprockets
· Conveyor, 11 flight squeegee with rubber edging
· Conveyor, lift independent from main broom
· Conveyor, three-piece replaceable wear plates
· Conveyor flush out system
· Conveyor raise in reverse
· Conveyor stall alarm
· Dirt shoes, spring assisted, heavy duty single row carbide steel (rubber isolated) · Electric backup alarm
· Hopper inspection door
· Hopper, 4.5 cu yd with window and skylight
· Hopper up indicator and beep
· Hopper, variable high dump; 9' 6", 4.5 yard
· Hose, hydrant fill, 16' 8" with coupling
· Hydraulic oil level gauge w/ external thermometer and in-cab level light · Hydraulic system, load sensing with selectable transmission driven PTO pump · Lights, automatic backup
· Lights, combination tail/stop, separate amber signal
· Lights, flood light, one per broom (3)
· Manuals, operator and parts
· Rear broom cover and anti-carryover wrap
· Rear broom spray bar
· Rear right hand flood light
· Reflectors, set of 6
· Side broom speed control, external to cab
· Sweep resume/raise in reverse
· Tactile controls for all sweep functions
· Tool storage
· Water fill, anti-siphon
· Water level indicator in-cab
· Water Pump, electric diaphragm
· Water tank, molded polyethylene, 360-gallon total nominal capacity · AM/FM/CD Radio
· Left Hand Fender Mounted Mirror
· Sweeper Painted Standard White
· Chassis Painted Standard White
· Red Logo
· Sweeper - Operator Manual
· Sweeper Parts Manual
· SURCHARGE-118

ADDITIONAL FEATURES

· Chassis Battery Disconnect
· Mirrors, West Coast type with 12" convex inserts, one each side · Standard Electric Horn
· Spare Chassis Key

Quote Number: 2022-46961
3 of 4
· PM-10 Complaint
· PM10 Compliant Oil Tempered Steel Bristles
· Hydraulic Sidebroom With Hydraulic Mainbroom Suspension · Hydraulic Float Mainbroom Suspension
· Extended Sidebroom Reach Right Hand
· Sidebroom Tilt Option Left Hand Inluding Indicator
· Sidebroom Tilt Option Right Hand Inluding Indicator
· In-Cab Variable Speed and Reversing Broom Control
· In-Cab Function Control for Sidebroom Water
· Lifeliner Hopper System
· Hopper Up Constant Alarm
· Elevator Reverse Light and Alarm
· Midwest Autolube Sweeper Only
· Hydrant Wrench
· Package A : LED Stop/Tail/Turn Lights
· Package B : Rear Mounted Arrowstick
· Package C : (2) Rear Low Mounted Oval Amber LED Flashers · 2 1/2 Lb. Fire Extinguisher
· Slow Moving Vehicle Sign
· Warranty through 2nd Year (Parts/Labor)
· Sweeper Service Manual
· Chassis Operators Manual
· Chassis Parts Manual
· Chassis Service Manual

Sourcewell Price, FOB Richmond, CA: $352,525.83
SALES TAX (9.75%) $34,371.19
DELIVERY AND IN–SERVICE Training: INCLUDED
LICENSING AND REGISTRATION: INCLUDED
Total, Sourcewell Price FOB Richmond, CA: $386,897.02

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY

EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good for 60 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require pay ment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 10 months (ARO) TERMS: Net 30 Days

If you have any questions or require further assistance, please feel free to give, Praneet Prasad a call at (916) 675-2105.

Sincerely,

Praneet Prasad
Praneet Prasad
Account Manager

QuoteNumber:2022-46961 4 of 4

LIMITED WARRANTY

ELGIN SWEEPER COMPANY warrants each new machine manufactured by it against defects in material and workmanship provided the machine is used in a normal and reasonable manner. This warranty is extended only to the original user -purchaser for a period of twe lve (12) months from the date of delivery to the original user-purchaser.

ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine whic h the Company's examination discloses to be defective in material or workmanship.

Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations approved by ELGIN SW EEPER COMPANY.

The ELGIN SWEEPER COMPANY warranty shall not apply to:

1. Major components or trade accessories such as but not limited to, trucks, engines, tires or batteries that have a separate wa rranty by the original manufacturer.

2. Normal adjustments and maintenance services.

3. Normal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber deflectors.

4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by ELGIN SWEEPER COMPANY.

5. Repairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the Company's sole judgment, have adversely affected the machine's stability or reliability.

6. Items subjected to misuse, negligence, accident or improper maintenance.

The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may invalidate this warranty.

ELGIN SWEEPER COMPANY reserves the right to determine, in its sole discretion, if the use of non -approved parts operates to invalidate the warranty.

Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine.

TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

This warranty is also in lieu of all other obligations or liabilities on the part of ELGIN SWEEPER COMPANY, including but not limited to, liability for incidental and consequential damages on the part of the Company or the seller.

ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine.

No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on behalf of ELGIN SWEEPEAR COMPANY in connection with the sale, servici ng or repair of any machine manufactured by the Company.

ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements in tis products without imposing any obligation upon itself to change or improve previously manufactured products.

093021-ELG

Rev. 3/2021 1

Solicitation Number: RFP #093021

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 







 



ATTACHMENT 2

093021-ELG

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 







 




093021-ELG

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 







 




093021-ELG

Rev. 3/2021 4

x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 







 




093021-ELG

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:









 




093021-ELG

Rev. 3/2021 6

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 







 




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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.








 




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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 







 




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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.









 




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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 







 




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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 







 




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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 







 




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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.









 




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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 







 




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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 







 




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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 







 




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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.









 




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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Elgin Sweeper Company

By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Ti tle: Business Development Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________









 






















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June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Public Works Director
Greg Hardesty, Parks & Landscaping Superintendent

Subject:

Proposed Contract with United Site Services of California, Inc.

FINANCIAL IMPACT: The proposed expenditure of $75,000 will be funded in the proposed Fiscal Year 2022-2023 Department of
Public Works Operational Budget. The additional two-
year extension of $50,000 will be included in the
proposed Department of Public Works Operational
Budget for Fiscal Year 2025-2026. 01233631-400537

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Department of Public Works, Parks Maintenance
Division is seeking approval of a contract with United Site Services of California, Inc. to provide and service
portable toilets on an as needed basis.

RECOMMENDED ACTION:

APPROVE a three-year contract in the amount of
$75,000, with an additional two-year extension option of $50,000, with United Site Services of California, Inc. to provide and service portable toilets on an as needed
basis, with a contract term from July 1, 2022 to June 30, 2025 – Public Works Department (Joe Leach 620-
5478/Greg Hardesty 620-6920).

AGENDA
REPORT

June 7, 2022

DISCUSSION:

On March 17, 2022, a request for bid proposals was placed on BidsOnline to provide and service portable toilets at City parks on an as-needed basis. Two bid proposals were received on March 31, 2022. The proposals were as follows:

United American

Delivery Charge for Initial Set Up $ 65.85 $ 82.00
Supply and Service for Standard Unit (1 cleaning per week) $ 91.95 $104.00 Supply and Service for ADA Unit (1 cleaning per week) $166.95 $185.00 Supply and Service Wash Station (1 cleaning per week) $ 91.95 $ 85.00 Damage Waiver $ 15.00 $ 7.00
Locks on Unit $ 21.95 $ 5.00

The prices above are set prices that will be paid when an order is placed. Currently, there is one portable toilet located at each of the following City parks: Nevin, JFK, and Point Molate. The units are cleaned approximately three (3) times a week.

Based on the proposals received, United Site Services has the lowest bid for the services most often used by the City. Therefore, City staff recommends approval of a contract with United Site Services of California, Inc.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Request for Quote
Attachment 3 – Bid Proposal (United)
Attachment 4 – Bid Proposal (American)

REQUEST FOR QUOTE

The City of Richmond, Parks Maintenance Division is soliciting quotes for the delivery and service of portable toilets throughout the City on an as-needed basis.

Units are to be secured to the ground
Maintenance date list maintained inside each unit
Cleaned of graffiti as needed

Unit of Measure Quantit
y Cost
Delivery Charge for Initial Set Up LS 1
Supply and Service for Standard Units (1x week) MONTHLY 1 Supply and Service for ADA Units (1x week) MONTHLY 1
Supply and Service for Wash Stations (1x week) MONTHLY 1 Damage Waiver L S 1
Locks on units PER LOC K 1

The contract will be for three years with two one-year options to renew.

Quotes are due on Thursday, March 31, 2022 by 2:00 p.m. Quotes must be submitted electronically thru BidsOnline (www.ci.richmond.ca.us).

For further questions send by email to Janice Lee at [email protected].

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

City of Richmond
As Needed Portable Toilet Rentals (PW-PARKS-03-17-2022), bidding on 03/31/2022 2:00 PM (PDT)

Printed 04/01/2022
PlanetBids, Inc.

June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent

Subject:

Proposed Contract with Enviroclean Maintenance LCC
FINANCIAL IMPACT: The proposed $180,000 for this contract will be included in the proposed Department of Public Works operating
budgets through Fiscal Years 2024-2025. The additional
two-year extension of $120,000 will be included in the
proposed Department of Public Works Operation Budget
thru Fiscal Years 2026-2027, 01233631-400201 –
General Fund and 11533931-400201 Marina District.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Department of Public, Parks Maintenance Division is seeking approval of a contract with Enviroclean
Maintenance LCC for janitorial services at City park
restroom buildings.

RECOMMENDED ACTION:

APPROVE a three-year contract in the amount of
$180,000, with an additional two-year extension option of $120,000, with Enviroclean Maintenance LCC janitorial
services at City park restroom buildings. The contract
term will be from July 1, 2022 to June 30, 2025 – Public Works Department (Joe Leach 620-5478/Greg Hardesty
620-6920).

AGENDA
REPORT

June 7, 2022

DISCUSSION:

Limited staffing in the Parks and Landscape Division has prevented the Groundskeepers from being able to perform janitorial services at City parks. Instead, Groundskeepers are assigned to perform vegetation abatement necessitating a contract to assist with keeping City parks orderly.

On March 17, 2022, a request for bid proposals was placed on BidsOnline to provide janitorial services at various City parks. Five bid proposals were received on April 5, 2022. The proposals were as follows:

COMPANY

CITY

COST PER
YEAR

1 Enviroclean Maintenance, LLC Union City $ 60,000.00
2 Clark Services San Rafael $ 62,640.00
3 Casa Azul Janitorial Services Richmond $ 79,080.00
4 Vested Solutions Desert Hot Springs $114,600.00
5 Premier Property Preservation, LLC North Hills $130,000.32

Environclean Maintenance, LLC had the lowest overall cost per year. In addition, the company is available 24/7 to perform emergency janitorial services as needed. City staff recommends approval of a contract with Enviroclean Maintenance, LLC. to provide janitorial services at City park restroom buildings for a total amount not to exceed $180,000, with an additional two-year extension option of $120,000, for a term beginning July 1, 2022 and ending June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Request for Quotes
Attachment 3 – BidsOnline Report

1 REQUEST FOR QUOTE

Contractor shall provide janitorial service of restrooms within ten parks in the City of Richmond.

Park Name Cleaning Schedule

Booker T. Anderson Park (BTA) 3 days a week
So. 47th Street & Cypress

Jay & Barbara Vincent Park 7 days a week
End of Peninsula Drive

Lucas Park 1 day a week
10th & Pennsylvania

Lucretia Edwards Park 7 days a week
End of Marina Way South

Marina Bay Park 7 days a week
Regatta Blvd.

Martin Luther King Jr. Park (MLK) 7 days a week
Virginia & 13th St.

Nicholl Park 7 days a week
Macdonald Ave. & 33rd St.

North Richmond Ballfield 1 day a week
1900 – 3rd Street

Shimada Park 7 days a week
Marina Bay Parkway

Unity Park
(on Richmond Greenway at 16th & Ohio) 3 days a week

2 All the restrooms shall be cleaned and sanitized before 11 a.m. and stocked * with sufficient paper and related sanitary supplies.

*(Each restroom has a separate locking utility room which can be utilized for back-up supply reserve needs.)

Please note: If a restroom is closed because of needed repairs by the City the monthly invoice needs to reflect that the restroom is not being cleaned while closed. Do not invoice when said restroom is closed.

Scope of work:

• Sweep entire floor and remove loose litter and debris • Disinfect and sanitize toilets, sinks and any other fixtures • Using a wet mop, mop the entire floor area
• Wipe down/dust restroom stall partitions and doors
• Restock toilet tissue and other supplies as needed such as soap • Remove graffiti as needed. Paint to be provided by City. • Remove cobwebs from interior walls/ceilings as well as around the entrance to the restroom.

Bid each restroom separately at a monthly rate. Supplies for the restroom(s) shall be provided by the Contractor. The cost of supplies should be included in the monthly rate.

A key for each restroom will be provided after contract execution.

The restroom cleaning contractor is not responsible for physical damages caused by vandals but will be expected to clean graffiti from all the inside surfaces of the restrooms along with other cleaning and sanitizing responsibilities. The contractor is expected to report physical damages when first noticed. The contractor is expected to provide all equipment and tools as well as disposal methods appropriate for any types of cleaning necessary. Power washing is required bi-weekly. The City will provide the paint to cover up the graffiti.

Insurance Requirements:

Contractor must provide insurance certificates to Parks Maintenance before the contract will be fully executed.

Business License:

A valid City of Richmond Business License must be in effect during the entire length of the contract.

3 Site Visit:

Each bidder is responsible for visiting each restroom to ensure their bid proposal will be accurate.

Quotes are due on Tuesday, April 5, 2022 no later than 10 a.m. Quotes must be submitted electronically thru BidsOnline (www.ci.richmond.ca.us).

Questions to Mark Maltagliati, Parks Supervisor at [email protected]

The contract will be for three years with two one-year options to renew.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

City of Richmond
Park Restroom Cleaning (PW-PARKS-03-17-2022A), bidding on 04/05/2022 10:00 AM (PDT)

Printed 04/20/2022
PlanetBids, Inc.

June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent

Subject:

Contract for As-Needed Repairs for Street Sweepers
FINANCIAL IMPACT: The funds are available in the Public Works Fleet Maintenance Fiscal Year 2022-2023 and 2023-2024
budgets – 01235031-400501

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Fleet Maintenance Division is requesting City
Council approval to contract with Owen Equipment for
as-needed repairs to Elgin/Vactor brand street sweepers.

RECOMMENDED ACTION:

APPROVE a two-year contract for as-needed
Elgin/Vactor brand street sweeper repairs with Owen
Equipment in a total amount not to exceed $80,000 –
Public Works (Joe Leach 620-5478).

DISCUSSION:

The Fleet Maintenance Division sometimes requires repairs to Elgin/Vactor brand street sweepers that cannot be completed by Fleet Maintenance Staff.

Owen Equipment is the only authorized dealer in Northern California for parts and service repairs for Elgin/Vactor brand equipment. A Sole Source form has been approved by the Finance Department.

AGENDA
REPORT

June 7, 2022

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Approved Sole Source

ATTACHMENT 2

June 7, 2022

Public Works

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Patrick Phelan, Infrastructure Administrator
Subject:

Transportation Development Act (TDA) Grant Contracts
with Bike East Bay and SOS! Richmond
FINANCIAL IMPACT: Funding is provided by an award from the TDA grant program totaling $25,000 for Bike East Bay and $30,000
for SOS! Richmond (Account string:15436431-400201-
23023)

PREVIOUS COUNCIL
ACTION:

February 16, 2021 – City Council adopted a resolution
authorizing the grant application and accepted and
appropriated the funds

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval to award a contract to Bike East Bay for bicycle safety education and to SOS! Richmond for
maintenance of the Richmond Greenway.

RECOMMENDED ACTION:

APPROVE a Transportation Development Act (TDA)
grant-funded contract with Bike East Bay to provide two years of bicycle safety education, in an amount not to
exceed $25,000; and a contract with SOS! Richmond to
provide one year of maintenance of the Richmond
Greenway in an amount not to exceed $30,000. Bike
East Bay contract will have a term starting June 7, 2022 and ending June 7, 2024. SOS! Richmond contract will
have a term starting July 1, 2022 and ending June 30,
2023 – Public Works (Joe Leach/Patrick Phelan 307-
8111). This item was continued from the May 3, 2022,
meeting.

AGENDA
REPORT

June 7, 2022
DISCUSSION:

In November 2020, City staff collaborated with the Richmond Bicycle/Pedestrian Advisory Committee to propose a project application for the 2021-22 Transportation Development Act Article 3 (TDA 3) fund. The project includes a 2-year bicycle safety education program with Bike East Bay. Contract start date is June 7, 2022, and end date is June 7, 2024.

In February 2021, City Council adopted a resolution authorizing a request to the Metropolitan Transportation Commission for the allocation of fiscal year 2021-2022 TDA 3 pedestrian/bicycle project funding and accepted and appropriated the grant funds for the successful application.

Bike East Bay collaborates with the City of Richmond in many ways and is a logical partner as their award-winning education program has provided free classes to tens of thousands of adults, youth, and families in multiple languages over two decades. This contract will bring important programming to Richmond, providing one-on-one support and encouragement for residents to take advantage of the investments being made by the City in active transportation infrastructure. Having programming tailored to the City’s needs will go a long way to encourage more local residents to try out bike lanes and paths, especially new or less-confident bike riders. The proposed program includes four (4) one (1)-hour workshops, one (1) adult learn-to-ride class, and four (4) family cycling workshops.

The Richmond Greenway is a treasured walking, biking, and recreational path running through the heart of Richmond, but the serious problems of illegal dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. Volunteers and non-profit groups who try to activate the Greenway spend more time picking up trash than running their engagement programs. SOS! Richmond is a community network that engages with, provides stipends to, and employs leaders of the unsheltered community to self-manage shared public spaces. Fiscally sponsored by Rebuilding Together East Bay North, SOS deploys its teams throughout Richmond. The Greenway is an excellent candidate for deepening its partnership with Friends of the Richmond Greenway and City of Richmond Parks & Landscaping. With this contract, the SOS team will increase their presence at the Greenway between 2nd Street and San Pablo Avenue to provide regular trash cleanup, security, and community engagement to deter unsafe trail conditions.

DOCUMENTS ATTACHED:

Attachment 1 – Contract with Bike East Bay
Attachment 2 – Contract with SOS! Richmond
Attachment 3 – Minutes from Feb 16, 2021, Council Meeting Attachment 4 – Resolution 5-21 Authorizing Funding Allocation Attachment 5 – County Resolution
Attachment 6 – Email Notice to Proceed

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:

SCOPE OF WORK
Bicycle Safety Education

City of Richmond will contract with Bike East Bay for a two‐year bicycle safety education program consisting of four 1‐hour workshops, one adult learn‐to‐ride class, and four family cycling workshops.

1‐Hour Workshop: These sessions go in‐depth with a certified instructor on a specific topic such as avoiding bike theft, riding after dark, bike‐friendly driver classes, or basic bike mechanics. 1‐hour, classroom or virtual webinar workshop. Average attendance: 10. Instruction hours: 1. Number of Instructors: 1

Learn‐to‐Ride for Adults: For adults or teens who have either not yet learned how to ride a bike, or did a long time ago but want a refresher on the basics of balancing, pedaling and steering. Our instructors are friendly, patient, and will help everyone get off to a great start in a secure, non‐judgmental environment. 3‐hour, outdoor workshop for adults and teens, bike and helmet required. Bikes are provided for a rental fee to participants who need them. Average attendance: Normally 12, or 8 under covid protocols. Instruction hours: 3. Number of Instructors: Normally 4; under covid protocols: 3.

Family Cycling Workshop: This event is for kids who are able to ride a bike and ready to take to the roads and pathways with their parents.  The class includes a day of fun games, skills building, and a neighborhood ride. Parents and kids attend together. Outdoor session for adults and youth in grades 2‐6 (approx.). Can be provided as a standalone class with attendees bringing their own bikes and helmets (Family Cycling Workshop) or as part of a community festival or other event with youth loaner bikes and helmets provided (Family Cycling Rodeo). Average attendance: Normally 25; under covid protocols: 15.

Instruction hours: 3. Number of Instructors: Normally 4; under covid protocols: 3.

BUDGET ‐ Bike East Bay
Richmond Greenway Rehabilitation Bicycle Safety Education Project

ITEM UNIT COST UNITS TOTAL
1‐Hour Workshop class 600 $          4 2,400 $
Adult Learn‐to‐Ride class 5,800 $       1 5,800 $
Family Cycling class 4,200 $       4 16,800 $
25,000$        Subtotal Bicycle Safety Education Program Bicycle Safety Education Program

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):

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.

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
12/15/2021
Pacific Diversified Insurance Services
363 Civic Dr. Suite 100
Pleasant Hill CA 94523
Certificate Department
925-686-2860
925-686-6118
[email protected]
License#: 0K07568
Ohio Security Insurance Company
24082
Nonprofits Insurance Alliance of California
East Bay Bicycle Coalition
PO Box 1736
Oakland CA 94604
1702823894
B
X
1,000,000
X
1,000,000
20,000
1,000,000
2,000,000
X
Y
2021-29948
4/19/2021
4/19/2022
2,000,000
Liquor Liabilit
Included
B
1,000,000
X
X
2021-29948
4/19/2021
4/19/2022
B
X
X
3,000,000
2021-29948-UMB
4/19/2021
4/19/2022
3,000,000
A
X
XWS62732258
2/16/2021
2/16/2022
1,000,000
1,000,000
1,000,000
B
Professional Liability
2021-29948
4/19/2021
4/19/2022
Limit
1,000,000
As required by written contract, the following endorsements apply to the Certificate Holder and/or any other entity named in this section: General Liability Additional Insured CG2026 12-19, CG2010 12-19. Primary and Non-Contributory NIAC E02 01-17, Waiver of Subrogation NIAC E26 11-17. Business Auto Additional Insured NIAC A1 03 91 and Waiver of Subrogation CA0444 10-13. Workers' Compensation Waiver of Subrogation WC990679 01-13.

The City of Richmond, its officers, officials, employees, agents and volunteers.

City of Richmond
6 - 13th Street
Richmond, CA 94804-0000

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2021-29948

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