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-exclus
ivity. 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 regulat
ions 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 pr
ovisions 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 financ
ed 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 Cont
ractor an opportunity to cure errors and omission
which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 1 of 3
R
evised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed
operations (if
applicable).
2. Ins
urance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or i
ts equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. O
riginal and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 2 of 3
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.
Um
brella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
James Carroll – Background Investigator
CA Lic. 27585 (925)250-35 57
Proposal for Richmond Police Background Investigations – 7/10/2022 Current Situation
The R
ichmond Police Department, like all California law enforcement agencies, is required to conduct, or have conducted, a thorough background investigation before hiring an applicant. The background investigation assures compliance with all applicable minimum standards for appointment and screens out applicants who, based on their history or other relevant information, are found unsuitable for the position.
Backg
rounds are among the most important investigations an agency will ever conduct. The way a background investigation is conducted can make the difference between hiring an individual who will truly protect and serve, and someone who may cause harm to society, the agency, or himself.
Backgrounds are also among the most challenging investigations to conduct. They must be comprehensive if they are to lead to informed hiring decisions. Past misconduct and other signs of unsuitability must be uncovered so that dangerous or otherwise unfit candidates are screened out. At the same time, inquiries into past performance must stay within the tight parameters of fair employment practices.
The a
reas investigated, and the evaluation of them, must be treated consistently across all candidates.
The inquiries and evaluations in background investigations must be based on candidate behaviors that have a direct relationship to the requirements and demands of the position, and they must do so with consistency and without bias.
Goals
The g
oals of this proposal are as follows:
• To provi
de professional, comprehensive background investigations and accompanying reports for the city of Richmond Police Department (RPD)
• To enable RPD to make informed, appropriate hiring decisions in a timely manner • To serve as a resource to RPD regarding background investigations by staying in regular communication with hiring and personnel managers.
A - Qualifications and Background
• Duri
ng the last four of my 28 years as a Concord police officer, I attended the POST Background Investigation course and conducted about 50 pre-employment backgrounds for Concord. Since retiring in 2013, I have conducted another 60 backgrounds privately, including 28 for RPD. I have completed the POST Background Investigation course, a background update course, and a fair hiring practices seminar. As a police officer, I served as a narcotics detective, patrol supervisor, field training officer, and firearms instructor, among other
EXHIBIT G
James Carroll – Background Investigator
CA Lic. 27585 (925)250-35 57
assignments. I am an adjunct instructor for the Administration of Justice and Mathematics departments at Diablo Valley College. I hold master’s degrees in Education and in Applied Mathematics, as well as a bachelor’s degree in Industrial Engineering. • I am licensed as a private investigator by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. My license number is 27585. • My office is in Martinez, California, about a 30-minute drive to RPD. • All of my background investigations have been for agencies in Contra Costa County. • Over the past five years, 28 of my background investigations have been for the Richmond Police Department.
B – Scope of Services/Methodology
Met
hodologies for background investigations vary somewhat by agency, but fortunately the California Commission on Peace Officer Standards and Training (POST) has established a comprehensive manual that details how investigations are to be conducted. I adhere to those details. Specifically, POST has set forth 10 background investigation dimensions:
Inte
grity
Impulse Control / Attention to Safety
Substance Abuse and Other Risk-Taking Behavior
Stress Tolerance
Confronting and Overcoming Problems, Obstacles, and Adversity Conscientiousness
Interpersonal Skills
Decision-Making and Judgment
Learning Ability
Communication Skills
All
areas of inquiry in the investigation should be related to at least one of those dimensions.
Investigative techniques will include interviews in person, by telephone, and by email. In-person interviews are preferred for particularly important or sensitive interview subjects. Interviews of secondary (or developed) references will be included and will be given priority. Where applicable interviews of the following individuals will be included, in addition to the normal employment, personal, and neighbor references:
Curre
nt and former romantic partners
Parents and siblings of those partners
High school and college instructors
Military co-workers
Law enforcement officers the applicant may have come into contact with On-lin
e court records as well as other internet sources will be researched. Most important, a comprehensive interview with the applicant will be conducted. Upon completion of the investigation, a thorough report will be completed and submitted to RPD.
James Carroll – Background Investigator
CA Lic. 27585 (925) 250-3557
I am fully aware that as a background investigator for RPD, I represent RPD to the public, so I present myself personably and professionally. I recognize that background investigations are confidential, and it is my job to collect information, not disseminate it. When an agency uses an outside contractor like me, as opposed to using their own personnel, the risk that sensitive information about a newly hired employee will become known within the agency is eliminated.
I
am fully insured as a private investigator, and I have a city of Richmond business license.
C - Cost
The
fee for a law enforcement background investigation will be $2000.00 for sworn personnel and $1800 for professional staff. In the event disqualifying, or possibly disqualifying information about a candidate is uncovered early in the investigation, that information will be turned over to RPD. If RPD elects not to continue with the investigation, the cost will be just $75 per hour worked up to that point.
Unusual, long-distance, or particularly complex investigations will be negotiated case-by-case.
D – Sub-Contracting
My
background investigation business is a sole proprietorship, so I do all the investigative work personally. I do not sub-contract any of it, even though that is a common practice among some investigators.
E – Exceptions to the RFP
None
.
F – Statement of Impartiality and Disclosure
I
am not, and will not during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests. I have no pending or active investigations or litigation that may affect my reputation or ability to carry out background investigations.
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Con tractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which in clude both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and up to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execu ted this d ay of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
EXHIBIT H
CITY OF RICHMOND
Sanctuary City Compliance Statement
James Carroll
10th
August
22 Martinez
James Carroll
Contractor / Background Investigator
8/10/2022
James Carroll
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:
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 3 of 3
R
evised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including br eaches of warranties shall not
affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
EXHIBIT G
Moreland Investigations
EXHIBIT H
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:
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 hav
e 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, Copyrights 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 expres
s 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 int ellectual 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 expens
e, 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 peri od 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 necess
ary 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, Ci
ty 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 at
torney'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 misc onduct 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 subContrac
tor'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, ordinanc
es, 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-exclus
ivity. 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 regulat
ions 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 pr
ovisions 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 financ
ed 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 Cont
ractor an opportunity to cure errors and omission
which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
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evised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed
operations (if
applicable).
2. Ins
urance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or i
ts equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. O
riginal and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
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Type
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evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.
Um
brella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
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Type
2 – Page 3 of 3
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evised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including br eaches of warranties shall not
affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
T Jung Investigations
6660 Lone Tree Way
Suite 4
P.O. Box 432
Brentwood, CA 94513
Project Proposal
Prepared For: Richmond Police Department
P
repared By: Tim Jung
California Licensed Private Investigator #189175
P
roposal Date: 6/21/2022
Background
I have been a sworn law enforcement officer since 1994. I began my career with the Pleasant Hill Police Department where I worked in a patrol capacity then as an undercover narcotics detective assigned to a State of California Department of Justice (CALDOJ) narcotics taskforce.
A
fter 12 years with the police department, I left for the California Department of Justice working as a Special Agent assigned to the Bureau of Narcotics Enforcement (BNE). While at BNE, I worked as a case agent on major narcotics, gangs and violence cases. These investigations often utilized State of California authorized wiretaps. Additionally, during this time I supervised a cellular phone tracking team where the focus of this team was to track and locate homicide suspects, kidnapping victims, missing persons, etc. For my work in this area, I was awarded the Peace Officer Award by the State of California. My final assignment while working for CALDOJ was the Commander for the West Contra Costa Narcotic Enforcement Team (West- NET).
EXHIBIT G
In 2012, I began working for the Contra Costa District Attorney’s Office as Senior Inspector. I am assigned to the Community Violence Reduction Unit where I work with various Deputy District Attorney’s on various violence related cases. Since 2014, I have additionally been assigned to the Contra Costa County FBI Safe Streets Taskforce where the focus is combatting gang violence and assisting in homicide investigations, mostly through the utilization of court ordered wiretaps. I am currently in charge of the wiretap program for the Task Force.
I completed the POST Background Investigator’s Course in 2020 while working for the Contra Costa DA’s Office and I currently conduct pre-employment background investigations for this agency and other law enforcement agencies within Contra Costa County.
In 2020, I obtained my Private Investigator’s license through the California Department of Consumer Affairs.
Synopsis
T Jung Investigations will assist law enforcement in identifying and hiring the most qualified personnel for your organization. My reports will be thorough and completed in a timely manner.
By utilizing my services, you will free up personnel from conducting pre-employment background investigations and allow them to address other needs of the agency. You will find my services are cost effective and reasonably priced.
My objective is to find the most qualified personnel for the Richmond Police Department by conducting a complete and thorough background investigation. As I have been in the law enforcement field for over 27 years, I know what desirable characteristics law enforcement agencies are looking for in a public safety employee.
Proposed Services
The background investigation will include but is not limited to the following items:
1. An in-depth review of the Personal History Statement and any supplemental questionnaires.
2. An in-depth interview of the candidate.
3. Civil records search.
4. Contact and interviews with neighbors, relatives, and references.
5. Local law enforcement criminal history inquiry.
6. Review of available personnel files and other relevant documentation.
7. Contact with current and past co-workers and employers.
8. Verification of citizenship, education, financial history, DMV history, military history and other applicable legal documents to include marital and divorce proceedings.
9. Status review of applications with other agencies the candidate has applied with.
10. The Richmond Police Department will be provided with an in-depth investigative report that outlines the candidates’ qualifications and attributes relative to all POST background guidelines.
Pricing
Upon the Richmond Police Department establishing the candidate’s suitability by way of pre- employment interviews and testing, T Jung Investigations will complete the background investigation. All background investigations shall meet or exceed the standards as set by California POST.
The cost of services are as follows:
A. $2000.00 for all sworn positions
B. $1800.00 for non-sworn positions
C. T Jung Investigations will charge the current 2022 IRS standard mileage rate of 58.5 cents per mile for necessary travel to conduct the investigation.
D. If at some point during the background investigation it is determined the candidate is not qualified to continue in the background investigation process, T Jung Investigations will discontinue the investigation and notify the Richmond Police Department of the findings.
The Richmond Police Department will be provided with a memorandum which will summarize the disqualifying findings. All background material will be returned to the Richmond Police Department.
A pro-rated fee which represents the amount of time spent on the investigation will be charged. T Jung Investigations and the Richmond Police Department will agree upon this pro-rated fee.
E. The cost of travel, lodging and per diem of any significant distance needed to conduct the background investigation would be the responsibility of the Richmond Police Department.
F. Travel will not conducted without prior approval from the Richmond Police Department.
Upon completion of the background investigation, T Jung Investigations will return all background materials to the Richmond Police Department. All background materials will become the property of the Richmond Police Department.
The investigation and report are confidential and will be the property of the Richmond Police Department.
Licensing
T Jung Investigations is licensed by the Department of Consumer Affairs. Verifying documents are available upon request.
Tim Jung________________ 6/21/2022_________________
Tim Jung Date
T Jung Investigations
______________________________ _________________________ Agency Representative Date
EXHIBIT H
Request for Proposals
Request for Proposal (RFP)
Background Investigation
Release Date: June 21, 2022
Deadline for Submittal: July 29, 2022, 5:00PM
Contact: Eric Tam, Technology Supervisor
Email: [email protected]
INTRODUCTION
The City of Richmond’s Police Department is requesting proposals from qualified individuals or companies to perform background investigations for public safety (Sworn and Professional Staff) personnel and other similar services. This request for proposal (RFP) describes the services requested and selection process . Failure t o submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of three (3) years and an option to extend for another 3 years or by means of a mutual agreement of both parties.
Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is seeking proposals from qualified professionals to perform pre-hire background investigations for public safety personnel (sworn and professional staff).
The respondent must be local within the Bay Area and have experience performing background investigations within the Contra Costa County (additional consideration will be given to those that have previous experience performing background investigation for the Richmond Police Department. The Investigator is expected to travel to various locations within the Northern California area to perform interviews and related investigative services.
The Police Department estimates between 20 to 30 candidates a year with an estimated annual expenditure of $60,000. The contract will be for three years ($180,000). The Police Department intends to award the bid to multiple providers (up to four) to perform stated service on a rotational basis based on department needs and department’s timeline. The anticipated budget of $180,000 over three years period will be evenly split amongst the number of proposers the bid is award to (for example, if there are three bidders that are awarded, each respondent will have an up to $60,000 contract for up to three years). The contract may be extended for another three years if mutually agreement is reached with an estimated three-year budget of $180,000.
PROPOSAL FORMAT GUIDELINES
All interest parties must meet the following minimum requirements:
Licensed as a Background Investigation with the State of California (10 Points) Local within the San Francisco Bay Area or Northern California – offshore and out of area will not be considered. (10 Points)
Experience with performing Background Investigation within the cities of Contra Costa County. (Up to 80 Points)
Additional consideration to those that had perform similar services (or law enforcement partnership) with the Richmond Police Department. (Additional 20 Points)
The Department will award the bid to those that score the highest, up to three, based on the above scoring matrix.
Each proposal should include the following:
A. Respondents Background
Confirm background investigation experience
Include California Private Investigator License Number Confirm respondent they or their offices are located within San Francisco Bay Area, or Northern California.
Perform Background Investigation services within the cities of Contra Costa County
Please state if performed past background investigation services (or law enforcement partnership) for the Richmond Police Department.
B. Scope of Services
Proposer should list its high level of activities to be performed with the Background Investigation.
C. Cost Information
Respondent should list the cost it intends to charge per background investigation performed.
The Richmond Police Department anticipated budget for background investigation are as follow:
Sworn Personnel – Up to $2000
Professional Staff – Up to $1800
D. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, and not transferred. No Sub - Contracting permitted.
E. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP
or contract, the specific portion to which exception( s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contrac t language.
Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver o f any objection. Exceptions will be considered during the proposal evaluation process.
F. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub - consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in c onflict or likely to conflict with City of Richmond’s interests.
Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal will not be answered. All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on July 8, 2022 . If the City finds it necessary to issue an addendum, prospective Offerors will receive e -mail notification of addendum. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, to download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and wi ll receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s
office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.
The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any resp ondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as co nfidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
Compliance with City Ordinances
The co ntractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code (RMC) Chapter 2.28 ), Business Opportunity Ordinance ( RMC Chapter 2.50 ), Local Employment Program Ordinance ( RMC Chapter 2.56 ), Living Wag e Ordinance ( RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide In formation of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) ( RMC Chapter
2.65), which are incorporated into the Contract Documents by this reference.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up wit h requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service.
Selection may be made without further discussion, negotiations, or Offeror’s
presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, Police Department personnel will then work with the Respondent to complete the administrative paperwork.
City of Richmond
Project Participation Report for Project Background Investigation Services Issued on 06/21/2022
Bid Due on July 29, 2022 5:00 PM (PDT)
Exported on 06/22/2022
Vendor Name Notified
22nd Century Technologies, Inc. X
4HIRE HR Solutions X
A2Z Engineering Inc. X
ABJAYON INC X
AECOM X
AECOM Technical Services, Inc. X
AIM Computer Training Inc X
AIM Consulting Services X
AIS Market Reserch, Inc X
ALIRON INTERNATIONAL INC X
ALL N ONE X
AMEC Environment & Infrastructure, Inc. X
AP TRITON X
AQYER, LLC X
AU & Associates Inc. X
Abacus X
Abt Associates Inc. X
Acacia Consultants and Engineers X
Access Limited Construction X
Accountable Assets Inc X
Achievement Engineering Corp. X
Advanced Chemical Transport Inc X
Aero-Metric, Inc X
Aescit Corporation X
Affiliated Research Economics X
Air Science Technologies, Inc. X
Ajilon LLC X
Akar Inc X
Albion Environmental, Inc. X
Aleshire & Wynder, LLP X
Alexander Weiss Consulting LLC X
All Environmental Inc. X
Allen Matkins Leck Gamble Mallory & Nats X
Allerion Consulting Group, Inc. X
Alliance Resource Consulting LLC X
Alliant Consulting Inc. X
Allvision, LLC X
Amenta Systems Research and Development X
Amicus Unlimited Inc X
Amy Ekan Business Enterprises X
Amy G. Pineda X
Analytic Focus, LLC X
Andax Tech X
Anhor Engineering, Inc. X
Anyka Barber X
Aon Consulting, Inc. X
Aon Fire Protection Engineering X
Apex Testing Laboratories, Inc. X
Applicant Insight, Inc. X
Applied Development Economics, Inc. X
Applied Materials & Engineering, Inc. X
Applied Research Associates, Inc. X
Appraccel X
Aquifer Solutions, Inc. X
Architectural Dimensions X
Art Builds Community X
Arup North America, Limited X
Ascent Environmental, Inc. X
Asentex, Inc X
Association for Energy Affordability, Inc X
AtWork Personnel Services X
Atkinson, Andelson, Loya, Ruud & Romo X
Atlas Planning Solutions X
Atomic Dumpling X
Attic Consulting X
Ausenco PSI X
Avila Project Management X
Avocette Technologies Inc. X
B2K Social Ventures LLC X
BBC Home Entertainment X
BDG LAW GROUP, A PROFESSIONAL LAW CORPORATION X
BHI Management Consulting X
BJY Phoenix X
BKF Engineers X
BLD Consulting X
BLX Group LLC X
BOLDplanning, Inc X
BVA X
Baker Tilly Virchow Krause, LLP X
Baloo Consulting X
Baniqued Commercial Real Estate X
Bantam Strategy Group X
Barahona International & Associates X
Baron Center, Inc X
Bartel Associates , LLC X
Bassi, Edlin, Huie & Blum LLP X
Batza & Associates X
Bay Area Legal Aid X
Bayen Group X
Bays Investment, Inc. X
Beautiful Redeemer Ministries X
Berkeley Strategy Advisors X
Berkowitz Civility Group X
Berkson Associates X
Best Best & Krieger LLP X
BetterSector LLC X
Beyond Consulting X
Big-D Pacific Builders X
BioMaAS, Inc. X
BioVir Laboratories, Inc X
Biological Monitoring & Assessment Speci X
Birdi And Associates,Inc X
Blackwell, Santaella & Jahangiri, LLP X
Blais & Associates LLC X
Blankinship & Associates, Inc. X
Blessed Enterprises LLC X
Blossomy Solutions X
Blue Line K9 LLC X
Blue Ocean Civil Consulting X
Bluecrane, Inc. X
Bohannon Eberts Design X
Bolt Staffing Service X
Bond Services X
Booth & Associates International X
Booth Research Group, Inc. X
Borrelli And Associates, Inc. X
Bourntec solutions Inc X
Brenda D. Davis X
Bright Research Group X
Bright Street, Inc X
Briscoe Ivester & Bazel LLP X
BroadSpec, Inc. X
Bronner Group, LLC X
Brown and Caldwell Environmental Consultants X
Browne, Bortz and Coddington, Inc X
Building Opportunities for Self-Sufficiency (BOSS) X
Burgeon IT Services LLC X
Burke, Williams & Sorensen, LLP X
Business Advantage Consulting X
CDM Smith X
CGR Management Consultants LLC X
CH2M HILL Engineers X
CJIS GROUP X
CJIS GROUP, LLC X
CLR Executive Consulting X
CMH Inspection Services X
CMS Consulting X
COGENT Infotech Corporation X
COR X
CPS Human Resource Services X
CRZ Consulting, LLC X
CTN X
CVR Associates, Inc. X
Cafiero Maritime Services X
CalRecovery, Inc. X
California Creative Solutions, Inc. X
California Diamond Energy Solutions X
California Engineering Company, Inc X
California Reentry Institute X
Cambay Consulting LLC X
Cambridge Systematics X
Cameron-Cole X
Canterbury Business Center X
Capital Partnerships Inc. X
Cardno GS, Inc. X
Cascade Healthcare Services X
Catherine M. Schuster X
Catholic Charities of the Diocese of Oakland X
CathyJon Enterprises, Inc. dba: HB Staffing X
Center for Sustainable Energy X
Centro Legal de la Raza X
Chabin Concepts, Inc. X
Charles Carpenter X
Charmel Gaulden X
Circlepoint X
Circular Arc Inc. X
Circular Arc Inc. X
City 2 City X
City Management Advisors X
City of Richmond Contract Compliance X
City of Riverside X
Citygate Associates, LLC X
CivForge, Inc. X
Civicus Group, LLC X
Clairsol, Inc. X
ClarusTec, Inc. X
Cleantech Law Partners X
ClearSource Financial Consulting X
Climatec LLC X
Clutch X
Coach to Discover, Inc. X
Coastal Training Technologies X
Colantuono & Levin, P.C. X
CollComm X
Commonwealth Publications X
Communication Strategies X
Communications Advantage, Inc. X
Community and Housing Initiatives Corporation X
CompassPoint Nonprofit Services X
Compensation Resources, inc. X
Complete Access Solutions, LLC X
Comprehensive Real Estate Servicves X
Conekt2, Inc. X
Connexus Hub X
Consolidated CM X
Construction Representative Services X
Constructive Forensics X
Consulting Measurement Group X
Contra Costa Electric, Inc X
Controlled Contamination Services, LLC X
Cooke & Associates, Inc. X
Cornerstone Facilities Consulting X
Cornerstone Transportation Consulting X
Corporate Project Management Inc. X
Council of Industries X
Craig S. Meltzner & Associates X
Creative Educational Consulting X
Crowe LLP X
Cultiver Group Inc. X
Current Design & Drafting Solutions X
CyberNet Consulting, Inc. X
D.R. Elrod and Associates X
DCG Real Estate & Consulting X
DHI Water & Environment, Inc. X
DIG Cooperative Inc X
DISKRITER, INC. X
DJT Consulting Group X
DKS Associates X
DOWE LAW X
DTJ Consulting LLC X
DWH Consulting X
Dahl, Taylor & Associates, Inc. X
Dalberg X
Datalink X
Davey Resource Group, Inc. X
David G. Duey, P.E. X
David J. Powers & Associates, Inc. X
David Taussig & Associates X
Davis Chapel X
Davis Farr LLP X
Davis Langdon X
Davis, Hibbitts, & Midghall, Inc X
Day of Peace X
Del Rio Advisors, LLC X
Deliniti X
Delta Development Group, Inc. X
Delta Environmental Consultants, Inc. X
Denise G X
Denovo, LLC X
Derderian & Co. CPA's X
Dewberry X
Digital Archive Technology, LLC X
Dignity Best Practices X
Dodge Data and Analytics X
Dolinka Group, LLC X
Donna Graves, Arts & Cultural Planning X
Donnoe & Associates, INc. X
Douglas Herring & Associates X
Du-All Safety, LLC X
Dudek X
Duke Marketing Inc. X
Duke Youth Facility X
Dunnigan Psychological & Threat Assessments, LLC X
E & S Bryan, Inc. X
E. K. Duffy X
E.K. Associates X
EB Jacobs, LLC X
ECORP Consulting, Inc. X
EG Services X
EI Technologies, LLC X
EMC Research, Inc X
EMR CPR X
ERM X
ETC Richmond, Inc. X
ETIC X
East Bay Revitalization, Inc. (EBR) X
Eco-Workforce X
Edrington, Schirmer & Murphy LLP X
Educational Options X
Eleanor Boswell-Raine, Consultant X
Elevate BDG X
Elevate Enterprises Group X
Elite Transportation Group, Inc. X
Elliot Gittleman X
Empathy in Action X
Employers Choice Online inc. X
EnTox & Associates X
Engineering Solutions Services, Inc. X
Envicom Corporation X
Environmental Hazards Detection, LLC X
Environmental Network Corp X
Environmental Safety Training Profes Ltd X
Environmental Systems Research Institute, Inc X
Epperson Law Group X
Eric S. Zell X
Ernst & Young LLP X
Esgil Corporation X
Essel Technology Services, Inc X
Evantec X
Evergreen Solutions LLC X
Execution Over Theory X
Executive Enterprises Inc X
Expponential Dynamics, LLC X
FAAZ Consulting LLC X
FARMCreative X
FORMA Design, Inc. X
Fall Creek Engineering, Inc X
Farallon Consulting, L.L.C. X
Fdh Consultants X
Federal Engineering, Inc. X
Field Automated Communication Systems, LLC X
Fire & Police Selection, Inc. X
Firma Design Group X
First Data Merchant Services LLC X
FirstIdea, Inc. X
Fischer Compliance, LLC X
Fisher Executive Protection training X
Fitch & Associates LLC X
Fitzgerald Advisory Services, Inc. X
Florida Real-Time Reporting Services Inc. X
Focus Point Emergency Management Consulting Ser. X
Focus Strategies X
Forensic Analytical Consulting Services, Inc. X
Forward Associates, Ltd. X
Foundation Consultants X
Foundation for Learning in Science and H X
Frayji Design Group X
Frederick Andrews X
Frequentis X
Fugro Consultants, Inc. X
FullCircle Consulting X
Further The Work, LLC X
Fusion Integrated Solutions LLC X
GCAP Services, Inc. X
GPS Creative X
GRAY MATTERS Intl, LLC X
GRM Information Management Services X
GVP Ventures, Inc. X
Gale, Sutow & Associates X
Ganddini Group, Inc. X
Gateway Planning X
Genser & Watkins, LLP X
Gensler X
GeoEngineers, Inc. X
Geographic Technologies Group, Inc. X
George & Bell Consulting X
Geosyntec Consultants X
Gil Gerald & Associates, Inc. X
Gilbane X
Ginn & Crosby, LLP X
Gladstein, Neandross & Associates X
Global Business Solutions, Inc. X
Global Convergence Inc. X
Global Intergration X
Global Learning Partners Inc. X
Goldfarb & Lipman LLP X
Goodwin Consulting Group, Inc. X
Goodwin Procter LLP X
GovHR USA X
GovInvest
GovInvest Inc. X
GovRates, Inc. X
Graceland College Center for Learning X
Gradient Global Solutions Inc. X
Grant Management Associates X
Green Ideals X
Green Planning X
Green Valley Consulting Engineers X
Grisham Group LLC X
Ground Zone Environmental Services, LLC X
Guida Surveying Inc X
Guidehouse X
Gutierrez, Preciado & House, LLP X
Gutierrez/Associates Architects X
HEALTH ADVOCATES X
HP Enterprise Services, LLC X
HP Sears Account Recovery Specialists X
HR Meets MH X
HR&A Advisors X
HUB International Canada West ULC X
Habitat Engineering & Forensics X
Habitat for Humanity East Bay/Silicon Valley X
Hagen Streiff Newton & Oshiro X
Hagerty Consulting, Inc. X
Haley & Aldrich, Inc. X
Harrison Engineering Inc. X
Harvey Rose Associates X
Hatchuel Tabernik & Associates X
Hatchuel Tabernik & Associates X
Hazard Management Services, Inc. X
Headway Workforce Solutions X
Health Management Associates, INc. X
Health Resources in Action X
Hesselberg, Keesee & Associates, Inc X
Hewlett-Packard X
High-Tech Electric X
Hinderliter, de Llamas and Associates X
Hinrichs, Proudfoot and Skov Inc X
Holland & Knight LLP X
Holly Tree Publications, LLC X
HomeBase X
House of Loving Hands X
Housing Authority Services X
Howroyd-Wright Employment Agency, Inc. X
Hughes Associates, Inc. X
Human Capital Development USA X
Human Resource Plus X
Hunt Ortmann X
IBI Group X
IBM Corporation X
IBM Corporation X
ICF International X
ICF Jones & Stokes, Inc. X
ID Consulting Solutions, LLC. X
IHI Environmental X
ILLINGWORTH & RODKIN, INC. X
ISL Engineering X
IT Global Solutions, Inc. X
IT Nexus, Inc. X
Impact Justice X
Improvement Technologies X
Improvyze LLC X
Industrial/Organizational Solutions, Inc. X
Info-Tech Research Group Inc. X
Infojini, Inc. X
Infra Associates X
Innovative Construction Solutions X
Innovex Environmental Management, Inc. X
Insight X
Inspection Services, Inc. X
Intentional Management In X
Interwest Consulting Group X
Interwest Consulting Group X
Intratek Computer, Inc. X
Ison Consulting X
Ivy League Consulting LLC X
J.B. Anderson Land Use Planning X
J.D. Hatchell Enterprises, Inc. X
JEDCO Consulting Engineers X
JK Seva, Inc X
JL GROUP, LLC X
JMC X
JOA Group X
JOE MAR POLYGRAPH & INVESTIGATIVE SERVICES X
JSA Consulting Services X
JUI Consulting X
JVA Consulting, LLC X
Jabez Enterprise Group (JEGroup) X
Jack Clancy Associates X
Jacks Consulting X
Jackson Business Group X
Jackson Tidus X
Jane Kow & Associates X
Jason Armstrong X
Jason Winkler X
Jayne Williams X
Jeffrey A.Walter, a P.C. X
Jim Freeman Consulting X
Joan Murcia X
Joe HUNT X
John M Watkins X
Johnson & Associates LLC X
Johnson Marigot Consulting X
Jonas and Associates Inc. X
Jones Hall X
Jones Hall, A Professional Law Corporation X
Judith R. Carey X
Just Cities Institute X
K L Hampton, Group, LLC X
K.A. Hart & Associates X
KDI Consultants, Inc. X
KDJA SERVICES LLC X
KELLCO Services X
KPMG LLP X
KSENG INC X
Kaneko and Krammer Corp. X
Karla Pineda X
Karste Consulting Inc. X
Katz & Associates X
Kaygen, Inc. X
Kazarians & Associates, Inc. X
Kearns & West X
Kennedy/Jenks Consultants, Inc. X
Key Legal Services X
Kim Voigtlander X
Kizmo Incorporated X
Kleinfelder X
Koppel & Gruber Public Finance X
Kronick Moskovitz X
Kronick, Moskovitz, Tiedemann & Girard X
Krupka Consulting X
LAK Associates, LLC X
LIN Consulting, Inc. X
LJ Consultants X
LLA X
LOGIC PLANET CS INC X
LRS...Architecture X
LSA Associates X
LVX Global Inc. X
Lagoon Conservation, LLC X
Lambert Legal Consulting X
Lao Family Community Development X
Latressa Wilson Alford, JD X
Laughlin, Falbo, Levy & Moresi, LLP X
Laura Cole-Rowe X
Laura Peth X
Law Enforcement Accreditation Consultants, Inc X
Law Offices of Bill Ford X
Law office of ayana k. Young X
LeSar Development Consultants X
Learning WHEELS X
Leptien, Cronin, Cooper, Morris & Poore X
LexisNexis X
Library Associates, Inc. X
Liebert Cassidy Whitmore X
Lien On Me, Inc. X
Linea Solutions X
Linebarger Goggan Blair & Sampson, LLP X
List Engineering X
Livery Management Consultants X
Living Benefits Inc. X
Local Initiatives Support Corporation X
Lozano Smith X
Lumenos LLC X
Luna Group X
M Consulting, LLC X
MAXIMUS Consulting Services, Inc. X
MAXIMUS, INC X
MCG & Associates X
MECA Consulting Inc. X
MGT of America, LLC X
MKD Consulting Group X
MLA Green, Inc., dba Studio-MLA X
MM FITNESS LLC X
MNS Engineers, Inc. X
MO/JAS Constructon, INC X
MSL & Company X
MSW Consultants X
Macias Consulting Group X
Macias Gini & O'Connell LLP X
Macks Craic, Inc. X
Madison Consulting Group X
Magdave Associates, Inc. X
Main Hire Staffing & Outsourcing X
Maintenance Design Group, LLC X
Malcolm Pirnie Inc. X
Management Applictions, Inc. X
Management Planning Inc. X
Manley Solutions, INC X
Manning & Kass, Ellrod, Ramirez, Trester X
Manpower X
Marcos Serpas X
Margen + Associates X
Marine Holdings Company I, Inc. X
Mariotto Resolutions X
Mason Tillman Associates, Ltd. X
MatriScope Engineering Laboratories, Inc X
Matrix Consulting Group X
McBee Strategic Consulting, LLC X
McCowen's Employment Services X
McDonough Holland & Allen PC X
McNamara Law Firm X
Mega Group Online, Inc. X
Menlo Technologies X
Mercury LLC X
Metcalf & Eddy, Inc. X
Metro Power Engineers, Inc. X
Metrovation Brokerage, Inc X
Metta International Incorporated X
Meyers Nave X
Meyers Nave Riback Silver & Wilson X
Michael R. McCoy X
Milestone Consulting X
Millennium Franchise Group, LLC X
Milliman, Inc. X
Milliman, Inc. X
Mission Critical Partners X
Mitchell Productions X
Mmapeu Management Consulting X
Mogavero Arcitects X
Moore Twining Associates X
Moreland & Associates, Inc. X
Morris & McDaniel, Inc. X
Mosaic Associates LLC X
Mpact Strategic Consulting LLC X
Mse Group X
MuniServices, LLC X
Municipal Auditing Services LLC X
Municipal Resource Group LLC X
My Next Career Path Staffing, LLC X
N/a X
NBS Government Finance Group X
NCE X
NDICA X
NFP X
NFP Retirement, Inc. X
NORTH-RICA RISK X
NPLI Management Solutions X
NPR Consulting X
NV5 X
National Analytical labs, Inc. X
National Council of Crime and Delinquenc X
Neher & Associates,LLC X
Nelkie LLC X
NewFields Companies LLC X
Next Generation Technology Inc. X
Nimbus Software Inc. X
Ninyo & Moore X
Nixon Peabody LLP X
Noor Associates X
Norcott Consulting X
North Star Alliances X
Norton Rose Fulbright US LLP X
Nossaman LLP X
NovaRest, Inc. X
NuEnerGen, LLC X
OMNI Consulting Solutions X
OPPENHEIMER INVESTIGATIONS GROUP LLP X
Objet D'Art X
Occu-Med X
Octagon Consulting, LLC X
Office of Judondi Bolden, Attorney at Law X
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. X
Omkar Solutions Inc. X
Omni-Means X
On Point Construction Services X
Opal Quality Systems Management X
Orrick X
Otero-Milich and Associates X
Oxypower Inc. X
PCB Consultants X
PGRP Enterprises, LLC dba: Resolution Services X
PJ Thomas X
PMA Consultants LLC X
PMWeb, Inc. X
PVMA X
PWXPress
Pacific Crossing, LLC. X
Page Southerland Page Inc. X
Pakpour Consulting Group X
Palermo / Imaging X
Palicon Group
Palmer Kazanjian X
Paradigm Staffing Solutions X
Paragon Partners Ltd. X
Park Engineering, Inc. X
Parsons Constructors, Inc. X
Pathways Consultants X
Patrick Casey X
Patriot Environmental Laboratory Services, Inc. X
Peak Allied Solutions, Inc. X
Pegasus Risk Management
Pennino Management Group X
Periscope Holdings, Inc. X
Peterson Bradford Burkwitz X
Pharos Consulting Group LLC X
Philip Sparks Consulting Services X
Pinnacle Actuarial Resources, Inc. X
Pinnacle Training Systems X
Place Dynamics LLC X
PlaceWorks X
PlaceWorks X
PlanB Consultancy, Inc. X
Platinum Investing & Realty X
Plexus Global LLC X
Poder Solutions, LLC X
Ponder Business Services llc X
Prairieform X
Premier Alliance Group, Inc. X
Premier Staffing Source, Inc. X
Premiere Inspection Services X
Pro Forma Advisors X
ProSelect, Inc. X
Procopio X
Professional Security Consultants, Inc. X
Professional Telecommunications Services X
Project Dynamics, Inc. X
Projections Consulting, Inc. X
Promotions West X
Property Analysis Consulting X
Provost & Pritchard X
Public Resources Advisory Group X
Public Safety Corporation X
Public Safety Innivation X
Public Safety Innovation X
Public Sector Personnel Consultants X
Public Works Consulting Engineers, Inc. X
Public Works LLC X
Purcell, Rhoades & Associates, Inc. X
Quality Code Publishing X
Quorum Technologies, Inc. X
R Mo LLC X
R3 Consulting Group, Inc. X
RADgov, Inc. X
RBA Creative X
RHA HOUSING CORPORATION X
RHJ Consulting X
RITUHWE X
RJM Design Group, Inc. X
RJN Investigations, Inc. X
RSG, Inc. X
RTKL Associates, Inc X
Rachel Lanzerotti Consulting X
Rader Crowell X
Radoslovich Krogh, PC X
Raftelis Financial Consultants, Inc. X
Railroad Industries Incorporated X
Ralph Andersen & Associates X
Randal K. Tillery X
Raney Planning & Management X
Raymundo Engineering Co., Inc. X
ReadyToManage, Inc X
Real Estate Consultning and services X
Records Consultants, Inc. X
Red Beach Advisors X
Red Brick Consulting, Inc. X
Redline Resources X
Regal Court Reporting X
Regional Government Services Authority X
Remcho, Johansen & Purcell LLP X
Remedy Engineering, Inc. X
Renne Public Law Group, LLP X
Renne Sloan Holtzman Sakai LLP X
Resource Development Associates X
Resource Management Associates, Inc. X
Retirement Plan Advisors X
Rich City Rides Coop X
Richard D. Jones, A Professional Law Corporation X
Richard T. Bennett & Co., Inc X
Richards, Watson @ Gershon X
Richmond Community Foundation X
Richmond Main Street Initiative X
Richmond Purchasing X
RightSource Services X
Rincon Consultants, Inc X
Riviera, Inc. X
Robert Charles Lesser & Co. X
Robert D. Niehaus, Inc. X
Robert Half X
Rodrick I Satre X
Roger Haas Consulting X
Rosales Law Partners LLP X
Rose & Kindel X
Rosen Goldberg Der & Lewitz, Inc. X
Ross Construction Services X
Roux Associates, Inc. X
Rowley International - Aquatic Design, Engineering & Consulting X Ruiz & Sperow, LLP X
Ryan LLC X
SAKK X
SAP Public Services, Inc. X
SBrand Solutions X
SCI Consulting Group X
SEEDS CRC X
SERVITEK SOLUTIONS, INC. X
SF USA, LLC X
SGN & Associates X
SHEC inc X
Saad & Shaw - Comprehensive Fund Dev Svc X
Sacks, Ricketts & Case LLP X
Safe Moves X
SafeCon Consulting Group Inc. X
Safety Center Incorporated X
Safety Training Specialists, Inc. X
SageView Advisory Group X
Salvador Godinez Jr X
San Francisco State University X
Sand Dollar Group, LLC X
Sandra Taylor X
Santa Fe Land Planning, Inc. X
Schedule Management Corporation X
Science Applications International Corp. X
Science Applications International Corp. X
Sea Engineering, Inc. X
Segal Consulting X
Seifel Consulting Inc. X
Sentry Control Systems, Inc. X
Shaffer Psychological Institute X
Shannon & Wilson, Inc. X
Sharrah Dunlap Sawyer, Inc. X
Silverman & Light, Inc X
Simpson & Simpson X
Sine Charles Consulting, LLC. X
Sjoberg Evashenk Consulting, Inc. X
Slalom X
Slovak Baron Empey Murphy & Pinkney LLP X
Smith Office Solutions, Inc. X
Social Contract, LLC X
Social Justice Collaborative X
Soft HQ X
Sparling Inc X
Special District Services, Inc. X
Spectrum Value Group X
Springsted Human Capital Advisors Incorporated X
Squar Milner LLP X
Squire, Sanders & Dempsey X
Staff Today Inc. X
Staffactory LLC. X
Stanforth X
Stantec Consulting Services Inc. X
States Recovery Systems, Inc. X
Stearns, Conrad & Schmidt, Consulting Engineers, Inc. X
Steer Davis & Gleave Inc X
Stephanie Katsouleas X
Sterling Check X
Stetson Engineers Inc. X
Steven Siemers Dispute Resolution X
Stevenson, Porto & Pierce, Inc. X
Stradling X
Strategic Advisory Group X
Strategic Engineering & Science X
Strategic Government Resources X
Strategic Management Associates X
Strategic Partners I X
Stratus Environmental, Inc. X
Stutz Artiano Shinoff & Holtz X
Sullivan International X
Sunny City Enterprises, Inc. X
SuperbTech, Inc. X
Superior Lock & Safe X
Sydney Metrick, PhD X
Synapse Energy Economics, Inc. X
Synoptek X
Syntex Global, Inc. X
Syntropy Trust X
Systel Incorporated of Delaware X
Systems and Space X
T J K M X
T Jung Investigations
TCS Risk Management Services, LLC X
TJC and Associates, Inc. X
TJD Consulting X
TOCONIS PERSONNEL SERVICES, INC. X
TPG Consulting, Inc. X
TRB and Associates X
TRC Engineers X
TRC Engineers, Inc. X
TRC Solutions X
TWK Web and Print Design X
Tactical K9 X
Talantage, LLC X
Task At Hand Consulting LLC X
Teaman Ramirez & Smith Inc X
Technology Transfer Services X
Technology, Engineering & Construction X
TemPositions X
Terrax Environmental, Inc. X
Teruko Weinberg, Inc. X
Tetra Tech X
Tetra Tech, Inc. X
The Artisan Hub X
The Bishop Concept X
The Byers Group X
The Byline Group X
The Cadmus Group, Inc. X
The Columbus Organization X
The Consulting Group X
The Consulting Team X
The Dease Group Consulting X
The Glen Price Group X
The Glen Price Group X
The Gumshoe Group X
The Hawkins Company X
The Henne Group X
The Illusion Factory X
The Kap Agency X
The Latin Story X
The Law Office of Charles T. Ramsey X
The Mercer Group, Inc. X
The Office of Tom Ford X
The RGH Group X
The ReCredit Company, LLC X
The Sohagi Law Group, PLC X
The VOS Group, llc X
The Waters Consulting Group, Inc X
The Waters Consulting Group, Inc. X
Tidwell & Associates, Inc. X
Tierra Resource Consultants X
Tierra West Advisors, Inc. X
TischlerBise, Inc. X
Toole Design Group, LLC X
Top Dog Police K9 Training and Consulting X
Total Contract Solutions, Inc. X
Townsend Management, Inc. X
Traffic Patterns X
Traffic Research & Analysis, Inc. X
Trails for Richmond Action Committee X
Transcend Engagement LLC X
Transwestern X
Triple HS, Inc. X
True Synergy, Inc. X
Tunabear Consulting Service X
Tveter Insurance Services X
Twining, Inc. X
UBS FInancial Services Inc X
UBS Institutional Services X
URS Corporation X
US Tech Solutions, Inc X
USEPA X
UWin Use What's Inside Now X
UltraSystems Environmental (DBE | WBE | SBE) X
United CORE Alliance X
Universal Safety and CPR Solutions X
Unlimited Educational Solutions X
Utility Services X
Utility Systems Science & Software, Inc. X
V1H Consulting X
VRPA Technologies, Inc. X
Value-Centered Solutions X
ValueCAD X
Vanir CM X
Vanir Construction Management, Inc. X
Vantage Point Consulting X
Veneklasen Associates, Inc. X
Vested Solutions X
VetHut Consulting LLC X
Virtunet Systems X
Visual Impact Analysis LLC X
W. Solutions, Inc. X
W2 Design X
WBCP, Inc. X
WCS/Ca, Inc. X
WHA | Architects . Planners . Designers X
WRA Environmental Consultants X
WRA, Inc. X
Wakely Consulting Group, Inc. X
Wangerin Environmental X
Ward & Associates X
Water Rock Construction X
Water Systems Optimization, Inc. X
Webb Municipal Finance, LLC X
West Pac Sports Systems X
Western Economic Services, LLC X
Western Integrated Systems X
Weston Solutions, Inc. X
White Brenner LLP X
Wildermuth Environmental, Inc. X
Willdan Engineering X
Williams Wallace Management Consulting Services X
Wilson Perkins Allen Opinion Research X
Winbourne Consulting, LLC X
Wiss, Janney, Elstner Associates, Inc. X
Wits Solutions Inc. X
Wood Environment & Infrastructure Solutions, Inc. X
Wood Rodgers, Inc. X
Woodruff, Spradlin & Smart X
WorleyParsons X
WorleyParsons Group Inc. X
XG Communities LLC X
Yang Management, Inc. X
Yolanda's Construction Administration & Traffic Control, Inc. X ZMassociates Environmental Corp. X
Zander Associates X
Zeiger Engineers, Inc. X
Zilo International Group X
Zimmerman Lehman X
Zolon Tech, Inc. X
ackland international, inc. X
ayer Consultants, Inc X
blueCONSULTING, INC. X
bvnvbnvbn
camrock co. inc X
david paul rosen & associates X
ea Consulting, Inc. X
infrastructure advisors X
lloyd Kraal X
metropolitan research and economics X
mogavero notestine associates X
plaza and associates X
sevenoutsource X
shums coda associates, inc X
silver & associates consulting X
smith and lehmann consulting X
sweetser and assoc inc X
tammy edmonds DESIGN, INC. X
the lew edwards group X
vTech Solution Inc. X
TOTALS 961
Prospective Bidder Downloaded Files
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
11 11
Maximum
Points
James Carroll Background
Investigation Services
Dex Background
Investigations
License Background
Investigator 10 10 10
Location (within Bay Area) 10 10 10
Experience with Cities in
Contra Costa 80 80 0
Score 100 20
BONUS: Experience with
Richmond PD 20 20
Final Score 120 20
Gumshoe Group Moreland
Investigations T Jung Investigations
10 10 10
10 10 10
0 80 40
20 100 60
20 20 120 60
TruView
10 0
0 10
10
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 7 7 10 10 34
Peregrine 9 10 10 10 39
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 7 5 5 10 27
Peregrine 10 15 15 15 55
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 30 25 30 40 125
Peregrine 40 45 45 45 175
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 10 10 8 10 38
Peregrine 13 15 15 15 58
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 3 0 2 0 5
Peregrine 4 5 5 5 19
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 10 10 10 10 40
Peregrine 5 5 5 5 20
Rater 1 Rater 2 Rater 3 Rater 4 Total
Mission Critical Partners 67 57 65 80 269
Peregrine 81 95 95 95 366
Vendor Background (10 Points Max)
Rating Summary
Ease of Use (15 Points Max)
Functionality (45 Points Max)
Visual Appearance (15 Points Max)
Features that Exceed the Objective
Total Cost of Ownership
September 20, 2022
Police Department
DATE: September 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Bisa French, Police Chief
Subject:
Out of State Travel Approval for the Police Chief to
attend the International Association of Chiefs of Police Conference in Texas
FINANCIAL IMPACT: The proposed $2,125.97 expenditure is included within the approved fiscal year 2022-2023 Police budget.
Account string 01191021-400243.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
The 2022 International Association of Chiefs of Police
Conference will be held in Dallas, Texas, in October
2022. City Council Resolution 91-17 mandates approval
from the City Manager to travel to the State of Texas.
RECOMMENDED ACTION:
APPROVE the out of state travel request to Texas, as an exception to Resolution 91-17, to allow for the Police
Chief to attend the 2022 International Association of
Chiefs of Police Conference which includes several
presentations that align with the travel exception list – Police Department (Chief Bisa French 510-621-1802).
DISCUSSION:
AGENDA
REPORT
September 20, 2022
The 2022 International Association of Chiefs of Police Conference (IACP) will be held in Dallas, Texas, in October of this year. Per City Resolution 92-17, City employees are prohibited (with exceptions) from traveling to 22 states, including Texas.
Resolution No 92-17 - Resolution supporting the Lesbian, Gay, Bisexual, Transgender, Intersex Queer and Questioning (LGBTIQQ) Community and Establishing a Policy to Prevent City-Funded Travel to States with Laws Discriminating on the Basis of Sexual Orientation, Gender Identity or Gender Expression
Exceptions to the travel prohibitions may be granted by the City Manager for several purposes to include:
Participation in events, conferences, trainings, or other activities that have a stated purpose of advancing anti-discrimination, anti-oppression, social justice, and pro-equality related issues that are directly relevant to the city agency, department, board, or commission requesting permission to travel.
The City of Richmond Chief of Police, Bisa French, respectfully requests approval to travel to this conference as it is the largest and most impactful conference for police chiefs to learn new techniques, discuss the latest best practices, and advance their knowledge and understanding of progressive policing policies. There will be over 400 offerings of various policing strategy topics such as Changing Police Culture, Bridging the Gap in Police-Race Relations, Addressing Gang Related Violent Crimes, Evaluation of Transgender and Gender Diverse Officers, and a host of other offerings that are relevant to our city. Additionally, Chief French serves on the IACP’s Community Policing Committee which meets in person at this conference.
DOCUMENT ATTACHED:
Attachment 1 – Request for Travel/Training
September 20, 2022
Public Works
DATE: September 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, Director of Public Works
Hugo Mendoza, Public Works Superintendent
Subject:
Proposed Contract with Advance Crime Scene
Restoration
FINANCIAL IMPACT: Financial impact is not-to-exceed $117,000. The funds expended for this contract will be from budgeted sources for fiscal years 2022-2023 through 2024-2025
Department of Public Works - $60,000 (01237031-
400201) Police Department - $42,000 (01191021-
400538) and Community Development Department -
$15,000 (15061219-400538-16G07).
PREVIOUS COUNCIL
ACTION:
-
STATEMENT OF THE
ISSUE:
The Public Works Department, along with the Police and
Community Development Departments, are in need of
biohazardous material cleanup services for various City locations and crime scenes.
RECOMMENDED ACTION: APPROVE a three-year contract with Advance Crime Scene Restoration to manage biohazardous cleanups, in
an amount not-to-exceed $117,000, with a term
beginning September 1, 2022, and ending September 1,
2025, with a $75,500 two-year option to renew – Public
Works Department (Joe Leach 510 620-5478).
AGENDA
REPORT
September 20, 2022
DISCUSSION:
The outbreak of the COVID-19 virus and an increase in homelessness has brought along its challenges, including disposal of human waste and sanitary cleaning in public locations throughout the city, police cars, and crime scenes. The contract is necessary as City staff is not trained nor equipped to handle these cleanups. Failing to provide these services can lead to numerous health and other problematic issues including police cars being out of service, crime s cenes contaminat ing surrounding areas , and disrupting community peace.
On May 26, 2022, the Department of Public Works issued a Request for Qualifications (RFQ) for On-Call Biohazardous Waste Cleanup Services. The RFQ was posted on the City’s BidsOnline system where 215 vendors were notified, and 24 vendors downloaded copies of the RFQ. On June 16, 2022, two electronic proposals were received. The proposals were reviewed by City staff members and each vendor was found to be compliant.
City staff is req uesting to approve a three -year contract with Advance Crime Scene Restoration to manage community and crime scene cleanups, in an amount not -to- exceed $117,000, with a term beginning September 21, 2022, and ending September 1, 2025, with a $75,500 two-year option to renew.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Rating Matrix
On-Call Biohazardous Waste Cleanup RFQ
Nevin 1 2 3 TOTAL Rank
Clean Harbors 90 95 75 260
Advance Crime Scene 100 100 70 270
Raters
7/20/2022
September 20, 2022
Public Works
DATE: September 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Subject:
Playground Resurfacing Contract
FINANCIAL IMPACT: The proposed expenditure of $269,519 will be funded from the Open Space/Park Impact Fee – Fund 2116 and
will cover the repair of four parks. (21633131-400642-
23027).
PREVIOUS COUNCIL
ACTION:
-
STATEMENT OF THE
ISSUE:
The Department of Public Works, Parks Maintenance
Division is seeking approval of a contract with
SpectraTurf for playground resurfacing.
RECOMMENDED ACTION:
APPROVE a contract in the amount of $269,519 with
SpectraTurf for playground resurfacing, with a contract term from September 21, 2022, to June 30, 2023; and
APPROPRIATE budget using fund balance – Public
Works Department (Joe Leach 620-5478/Greg Hardesty
620-6920).
AGENDA
REPORT
September 20, 2022
DISCUSSION:
The Parks and Landscape Maintenance Division of the Public Works Department maintains numerous playgrounds throughout the City. The playgrounds include surfaces or materials to ensure safe play on structures and amenities. A number of these surfaces are rubberized pads (as compared to Engineered Wood Fiber, aka “chips”) that need replacement or updating due to age and/or vandalism.
A request for bids was placed on the City’s Bids online system for playground resurfacing at Burg Park, La Moine Park, Nevin Park, and Huntington Park. Two proposals were received. The proposals were as follows:
1. SpectraTurf (Corona, CA) $269,519.00
2. Robertson Recreational Surfaces (Tempe, AZ) $290,929.60
City staff recommends approval of a contract with SpectraTurf as the lowest bidder.
NEXT STEPS:
City staff will issue a Notice to Proceed to the contractor. It is anticipated that construction will commence on or about October 11, 2022, and be completed within two to four weeks.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Request for Bids
Attachment 3 – Bid Results
Attachment 4 – Map of Park Locations
Attachment 5 – Photos of Existing Conditions
City of Richmond
Bid Results for Project Rubberized Surfacing at Various Parks (PW‐Parks‐07‐22‐2022) Issued on 07/22/2022
Bid Due on August 08, 2022 10:00 AM (PDT)
Exported on 08/08/2022
Line Totals (Unit Price * Quantity)
Item Num Section Description Referenc Unit of Measure Quantity Spectr aTurf Robertson Recreational Surfaces / Tot Turf 1 Section 1 La Moine Park LS 1 $52,423.00 $55,537.50
2 Section 1 Burg Park LS 1 $80,520.00 $84,975.00
3 Section 1 Nevin Park LS 1 $121,056.00 $131,409.00
4 Section 1 Huntington Par
k LS 1 $15,520.00 $19,008.10
Total $269,519.00 $290,929.60
BURG PARK
LAMOINE PARK
HUNTINGTON
PARK
NEVIN PARK
RICHMOND
EAST
RICHMOND
HEIGHTS
EL SOBRANTE
KENSINGTON
ROLLINGWOOD
NORTH
RICHMOND
ALBANY
BERKELEY
EL CERRITO
PINOLE
SAN PABLO
80 580
SAN
PABLO
AVE
23RD ST
M
ARINA
W
AY
S
S 51ST ST
CUTTING BLVD
FAIRMOUNT AVE
BARRETT AVE
CHURCHLN
MARKET AVE
AR
LINGTO
N
AVE
S 23RD ST
RUM
RILL BLVD
ROBERT MILLERDR
VALLEYVIEW
RD
HARBOUR W
AY
BLUM
E
DR
HILLTOP DR
EL PORTAL DR
REGATTA B LVD
CENTRAL AVE
CARLSON
BLVD
M
ARINA
BAYPKW
Y
MACDONALD AVE
BROOKSIDE DR
SAN PABLO DAM RD
POTRERO AVE
MOESER LN
S
37TH
ST
HARBOUR W
AY S
HOFFM
ANBLVD
VL VIEW RD
MEADEST
S 31ST ST
37TH
ST
RICHMOND PKWY
MCBRYDE AVE
KEARNEY
ST
ARLINGTON
BLVD
APPIANWAY
COLUSAAVE
DIM
M
ST
B
AY V IEW
AVE
22ND ST
GARRARDBLVD 13TH ST
UNION
PACIFIC
BNSF
BNSF
BNSF
BNSF
UP
BNSF
BNSF
UP
BNSF
BNSF
BNSF
BNSF
BNSF
UP
BNSF
BNSF
UP
BNSF
UNION PACIFIC
AT & SF
UP
UP
SPT CO
0 0.35 0.7
Miles
1 Inch = 3,500 Feet
PARK RESURFACING
City Limits
Cemetery
Civic Center
Preserve
Golf Course
Park
Huntington Park
Burg Park
Nevin Park
La Moine Park
La Moine Park
September 20, 2022
City Council
DATE: September 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Vice Mayor Eduardo Martinez
Subject:
Special Cases at Rydin Road
FINANCIAL IMPACT: The costs associated with the sunset of the Rydin Road encampment can be covered by funds allocated for
unhoused interventions (15061219-400201-RI160).
PREVIOUS COUNCIL
ACTION:
March 16, 2021, December 7, 2021, June 28, 2022,
August 1, 2022
STATEMENT OF THE
ISSUE:
The Rydin Road Vehicle Encampment was set to sunset
at the end of September 2022. This is a request to
extend the sunset date to the end of October 2022 for up to six (6) identified residents, to allow for service
providers to provide more specialized assistance.
RECOMMENDED ACTION:
DIRECT City staff to coordinate efforts with County
services to get the identified residents connected with the necessary service providers by October 31, 2022 – Vice
Mayor Eduardo Martinez (510-620-6593)
DISCUSSION:
The Rydin Vehicle Encampment was scheduled to sunset at the end of December 2021; however, prior to the planned sunset date, the City Council determined that AGENDA
REPORT
September 20, 2022
additional time was needed to help transition residents to alternative housing options based on input received from the encampment residents.
In August 2022, the City Council voted to reestablish a sunset date for September 30, 2022. The City Council directed City staff to continue collaboration with Contra Costa County (CCC) H3 and C.O.R.E. programs, as well as authorized the city manager to negotiate and execute contracts for: (1) on-site management and security services; and (2) the administration of housing needs assessments, administration of previously allocated flex funds, facilitation of resident meetings, and continuation of the Clean Rydin program with Housing Consortium of the East Bay (HCEB).
While most residents have an established plan to transition from the encampment to housing in other places, six (6) individuals identified by HCEB require more specialized services that realistically cannot be adequately provided by the September 30, 2022, sunset date.
HCEB has identified that these six (6) residents need special services that include mental health, substance use, or other forms of counseling. While the sunset date for the residents at Rydin with signed plans shall remain September 30, 2022, HCEB recognizes that the upcoming deadline does not allow enough time to ensure the residents get the help they need. Removing the six (6) identified residents from the encampment prior to being connected to the required services will likely lead to unnecessarily dangerous conditions for the residents.
Therefore, to allow for these residents to connect with services in a realistic timeline, the City Council needs to amend the sunset date for these six individuals, to extend until October 31, 2022.
DOCUMENTS ATTACHED:
None
September 20, 2022
City Manager's Office
DATE: September 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager Internal Services
Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Gabino Arredondo, Project Manager
Subject:
Distribution of the Initial $50,000 Funds To Rydin Road Residents by a Service Provider.
FINANCIAL IMPACT: The costs associated with the sunset of the Rydin Road encampment can be covered by funds allocated for
unhoused interventions (15061219-400201-RI160).
PREVIOUS COUNCIL
ACTION:
March 16, 2021, December 7, 2021, June 28, 2022,
August 1, 2022
STATEMENT OF THE
ISSUE:
The Rydin Vehicle Encampment was set to sunset at the
end of December 2021. On August 1, 2022, the new
sunset date was established as September 30, 2022, and
contracts were approved to support the action. The initial $50,000 to be distributed to residents was not allocated directly to Housing Consortium of the East Bay (HCEB).
The following staff report provides two options to
expeditiously proceed with the distribution of the initial $50,000 and document the criteria used for distribution AGENDA
REPORT
September 20, 2022
RECOMMENDED ACTION: APPROVE a sixth contract amendment and APPROPRIATE $50,000 to Housing Consortium of the
East Bay (HCEB) to support residents’ sunsetting from
Rydin Road, which was previously appropriated to
Community Development; and APPROVE an option for
the criteria HCEB shall use to distribute $50,000, in a total not to exceed $250,000 in flex funds; and CONSIDER the
extension of the HCEB contract and sunset date to
October 21, 2022 – City Manager’s Office (Shasa Curl
510-620-6512).
DISCUSSION:
City staff members are cognizant of the varied needs, challenges, and behavioral and mental health issues that may impact those who are experiencing homelessness and their capacity to access more secure housing. To that end, measures of success should not be limited to distribution of funds only, but include entering rehabilitative support services, accessing more permanent housing, securing training and employment, etc.
Background
The Rydin Vehicle Encampment was set to sunset at the end of December 2021.
However, at the Special Meeting of the City Council on August 1, 2022, a new sunset date of September 30, 2022, was established to allow for additional time for the transition of the encampment residents. Additionally, contracts with Housing Consortium of the East Bay (HCEB), Collaborising (sub-contract), and $200,000 of Flex Funds with criteria was approved to support the development and implementation of Rydin Road Transitional Plans (Attachment 2).
At the regular meeting of the City Council on December 7, 2022, $50,000 in Flex Funds was also allocated to the Community Development Department to provide funding for vehicle repairs, preparation for transfer or removal, registration, storage, and towing for recreational vehicles (RV), and the temporary storage of personal belongings. At a subsequent meeting on June 28, 2022, an additional $200,000 was allocated to be distributed to support and allow for expanded scope of the funds. City staff had explored multiple avenues for use of the funds as previously directed by City Council, and ultimately found that one strategy (vehicle support) was inadequate. In expanding the scope of these funds, the City could more directly and efficiently address vehicular, safety, and other basic amenity needs, in support of relocating Rydin Road residents in a timely and thoughtful manner. Later, at the Special City Council Meeting held on August 1, 2022, the recommended action on the staff report or the final motion did not include the approval that HCEB would be allocated and distribute the initial $50,000 to Rydin Road program participants.
September 20, 2022
“There is also a possibility of including the distribution of $50,000 in flex funds to a contract with HCEB” (pg.7, Attachment 3).”
Given the City Manager’s contract authority for allocations is limited to $10,000, City staff members recommend that formal action is taken for clarity, transparency, and proper procurement. Ultimately, the first action City staff is requesting is a contract amendment be entered into with HCEB to increase the payment limit and provide for the disbursement of the initial 50,000 Flex Funds allocated to the Community Development department.
At the June 28, 2022, City Council meeting, the direction was provided to City staff to expand the terms under which the initial $50,000 funds can be spent to include safety and other basic amenity needs, in service of relocating Rydin Road residents. The verbal staff report provided by Lina Velasco, Director of Community Development outlined the following criteria for Rydin Road residents to access the $50,000 Flex Funds:
1. Residents needed to be program participants. Program participants are defined as those residents are/have:
a. Registered in the Homeless Management Information System (HMIS) system with Contra Costa County;
b. Registered with HCEB; and
c. Completed, signed, and have on file a program agreement
Furthermore, Director Velasco also, mentioned that the distribution of the $50,000 would be divided equally amongst 25 program participants, at that time, and that staff would work to verify and account for expenses outlined in the transition plans. To support review of the Transition Plans, City staff from the City Manager’s Office are participating in ongoing meetings with service providers and City staff from the Community Development and Police departments.
The second action City staff is requesting for City Council consideration includes review and selection of one of two potential options to expeditiously proceed with the distribution of the initial $50,000 and document criteria for distribution with HCEB.
POTENTIAL DISTRIBUTION OF FUNDS OPTIONS:
Options Criteria
1 Authorize the City Manager or her designee to provide $50,000 to HCEB in one lump sum payment for their distribution according to their criteria and expertise, which HCEB shall monitor to facilitate the thoughtful transition of Rydin Road unhoused persons, which shall be distributed to HCEB within 24 hours from City Council approval. HCEB shall closely coordinate the sunsetting of Rydin Road with Contra Costa County to ensure all Rydin Road program participants are provided with all available social services
September 20, 2022
Transition Plan (TPs) Timeline Status Updates:
Aug 24th
Nine viable TPs being developed with residents
Ten TPs in process
Ten residents with no plans
29 total residents
Sep 7th
Ten viable TPs being developed with residents*
Seven TPs in process
Twelve residents with no plans
29 total residents
Sep 14th
Fourteen viable TPs being developed with residents**
Four TPs in process
Ten residents with no plans
28 total residents (one resident passed away)
including, but not limited to, housing options, mental health, drug rehabilitation, CalFresh, General Assistance, etc.
There is no change to criteria established for the distribution of the $200,000 which incorporates the development and approval of a Transition Plan by Rydin Road program participants (Attachment 2 - Exhibit C - HCEB Contract).
2 Authorize the City Manager or her designee to provide $50,000 to HCEB, which was previously appropriated to Community Development for distribution with $200,000 previously awarded in flex funds to thoughtfully transition unhoused persons at Rydin Road using the criteria developed by the City of Richmond staff members, which shall require the implementation of individual Transition Plans, for a total amount not to exceed $250,000 in total flex funds; and extend the deadline to sunset the Rydin Road encampment to October 21 to ensure and enable number of Rydin Road residents to complete their Transition Plans and obtain services. HCEB to closely coordinate the sunsetting of Rydin Road with Contra Costa County to ensure all Rydin Road residents are provided with all available social services including, but not limited to, housing options, mental health, drug rehabilitation, CalFresh, General Assistance, etc
Attachment 2 Exhibit C Flex Funds for Rydin Road
September 20, 2022
*Sept 7th - One completed transition plan submitted for review and approval **Sep 13th - Three transitional plans submitted for preliminary review, requested additional information
Next Steps
It is to be noted that Option 2, under Potential Distribution of Funds may require additional funding to the service provider(s), which the City Council can consider at the October 4, 2022, City Council meeting.
If Rydin residents implement their Transition Plans, city staff members recommend the City Council provide priority for Housing First resources. The Draft Housing First Request for Proposal (RFP) is attached for reference.
DOCUMENTS ATTACHED:
Attachment 1 - HCEB Contract Amendment #5
Attachment 2 - HCEB Contract Amendment #5 – Exhibit C
Attachment 3 - August 1, 2020, Sunsetting Staff Report
Attachment 4 - Draft HCEB Contract Amendment #6
Attachment 5 - Draft Housing First Request For Proposal
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.
Community Development
Jesus Morales
[email protected]
(510) 620-6706
14887
/ 5580
Housing Consortium of the East Bay (HCEB) and Collaborising, their sub-consultant, will deliver services for individuals living at the Rydin Road Vehicle Encampment in advance of the sunsetting on September 30, 2022. ✔
5 Housing Consortium of the East Bay (HCEB)
410 7th Street, #203 Oakland, CA 94607
Oakland, CA 94607
Darin Lounds
(510) 832-1382
[email protected]
4006-1230
December 31, 2022
✔
March 16, 2021
April 1, 2021
February 12, 2022
560,000.00
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
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.
Housing Consortium of the East Bay (HCEB)
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29 CEO
Secretary
8/29/2022
MayoryMayor
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
5 / 5580
April 1, 2021
September 30, 2022
404,958.00
964,958.00
Housing Consortium of the East Bay (HCEB)
See below Exhibits.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.
1. Service Specifications.
Housing Consortium of the East Bay (HCEB) and Collaborising, their subconsultant, will deliver a number of supportive services for 27 individuals currently living in a vehicle encampment along the curb parking area on Rydin Road, north of Central Avenue.
HCEB and Collaborising will work directly with encampment participants to assist in transitioning participants to other housing options prior to the scheduled September 30, 2022, sunset date of the encampment.
HCEB and Collaborising will be responsible for the following principal activities that include, but are not limited to:
• Finalize the Rydin Resident Assessment Tool to assess housing, behavioral, and health needs of participants to assist in transition planning.
• Develop standard form for program participants to voluntarily abandon belongings
• HCEB and Collaborising will actively engage Rydin participants to keep them apprised of program deadlines and transition supports via outreach and participant meetings, with the Contra Costa County Coordinated Outreach Referral and Engagement (CORE)
• HCEB (Rachel Yarborough) and Collaborising (Lea Murray and Ramon Quintana) will conduct Rydin resident assessments on a regular schedule.
• HCEB and Collaborising will draft individual transition plans, including potential flex funds request, for participants after the individual assessments are completed.
• HCEB and Collaborising will continue to refer and coordinate with CORE and Coordinated Entry to prioritize use of already available County resources (i.e., DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
behavioral, and mental health services) to leverage and supplement City resources, including local community-based organizations.
• HCEB and Collaborising will coordinate with City staff including, but not limited to, Community Development, Parking Enforcement, Abatement, Richmond Fire Department, and Parks to ensure appropriate services are provided, clean up are held as anticipated, and the site is vacated according to city’s policies and codes.
• HCEB and Collaborising will develop a plan to distribute funds to participants to achieve relocation developed in the individual transition plans for review and approval by City staff prior to expenditures of flex funds as provided for in Exhibit C.
• HCEB and Collaborising will implement the Individual Transition Plans for participants and assist participants with their transition. The Transition Plan shall be signed by participants prior to the distribution of flex funds as provided for in Exhibit C.
• HCEB and Collaborising will assist in the posting and distribution of the required legal notices for the sunsetting of the encampment scheduled for September 30, 2022, by distributing and posting a 30-day and 15-day notice.
• HCEB and Collaborising will assist the City and participants in holding a minimum of 2-3 clean-ups in advance of the sunsetting of the encampment.
2. Timeline.
No. Tasks Date
1 Develop the Rydin Resident Assessment Tool to survey
participant housing, behavioral, and health assessments to determine needs and priorities.
August 5, 2022
2 Conduct Rydin resident assessments as assigned to
staff (HCEB & Collaborising) on a regular schedule.
August 19, 2022
3 Develop and write up Individual Transitions plans for participants, including monetary estimate to achieve the transition, including signature by participant.
August 26, 2022
4 Develop a plan to distribute flex funds to participants to achieve transition plans developed.
September 2,
2022
5 Implement the individual Transition Plans, in
collaboration with CCHS, for participants and assist
participants in their transition to a new location.
August 26 -
September 30,
2022
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
6 Develop a standard form for program participants to
voluntarily abandon/relinquish belongings and agree to
recovery support services, including mental and
substance use disorder treatment, employment,
emergency shelters, and transitional or supportive
housing available in or outside of Contra Costa County.
August 19, 2022
7 Remove abandoned and inoperable vehicles. September 30, 2022
8 Posting and distribution of the required legal notices for the sunsetting of the encampment scheduled for
September 30, by issuing a 30-day and 15-day notice.
September 1 and
September 15,
2022
9 Clean up Activities (3 minimum). September 2022
3. Project Outcomes and Evaluation
Task
No.
Program
Component
Program
Outcome
Indicator/
Measurement
Goal Evaluation
Method
1,2,3 Resident
Assessment
Form
Develop
assessment
tool to assess
housing,
behavioral,
mental, and
physical health
needs, priorities
of participants
to inform
development of
a transition plan
for each
participant
Final
assessment
form template
1 Copy of final
assessment form
provided to the
City
1,2,3 Resident
Assessments
Identify
housing,
behavioral,
mental, and
physical health
needs, and
priorities of
participants for
transition plan
development
Number of
participants
completing
assessment
27 Completed
Individual resident
assessments
submitted to City
4 Flex fund
distribution
plan
Plan to
distribute funds
to participants
to achieve
relocation
Finalized Flex
Fund Total
distribution by
August 2022,
and September
2022
TBD Copy of City-
approved
distribution plan
records
5 Participant
Transitional
Provide
planned path
Number of
participants with
27 Executed
transition plans
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
Plan &
Agreement
for participants
to transition out
of Rydin
encampment to
housing
alternative or
family
reunification
completed
transition plans
and associated
agreements
5 Participant
transition
Transition
participants
from Rydin
encampment to
identified living
situation per
Transition Plan
Number of
participants
transitioned by
August 31,
2022
7-10 Participants
transitioned out
tabulation (count)
Number (Total)
of participants
transitioned by
September 30,
2022
27 Participants
transitioned out
tabulation (count)
6 Voluntary
Relinquish
belonging
form
Form for
participants to
voluntary
relinquish
belonging
Final form
template
1 Copy of final form
template
7 Auto removal Eliminating
excess
automobiles not
used by
participants
Number of
vehicles
removed
42 Identify vehicles to
be removed and
track total number
removed
8 Abatement
Notices
Posting of
notices to
enforce no
camping law
Final notice
templates
2 Copy of final
posted notices
9 Clean up
events
Host 3 clean up
to reduce
excess
belongings for
participant
transitions
Three clean up
events held with
Abatement
3 Photos and
tonnage reports of
materials picked
up
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
EXHIBIT B
PROGRAM BUDGET
The contractor and subcontractor (via the contractor) shall submit monthly invoices and reports outlining the work performed and hours worked on each Task. Payment is contingent upon worked performed per task and per hour up to the payment limit amount as included in the budget, and submission of agreed upon deliverables as outlined in the Scope of Work. The City reserves the right to not pay the full amount included in the budget if deliverables are not met (i.e., complete assessments, clean-up, etc.).
The withholding for this agreement is twenty percent. The City shall disburse funds for costs incurred to date, less twenty percent, upon the grantee’s satisfactory progress under the approved work program, and upon the grantee’s submission of an invoice and report outlining work performed, which shall be submitted monthly. The City shall disburse the twenty percent withheld upon the grantee’s satisfactory completion of the scope of work.
PERSONNEL Jul-22 Aug-22 Sep-22 Total
Program Manager 4,875.00 4,875.00 4,875.00 14,625.00 Fringe Benefits @ .33 1,608.75 1,608.75 1,608.75 4,826.25 Subtotal 6,483.75 6,483.75 6,483.75 19,451.25
OPERATIONS
Indirect Staff (Program Director. Exec Director) 800.00 800.00 800.00 2,400.00 Supplies ( mileage and other staff expenses) 567.00 567.00 567.00 1,701.00 PPE and other supplies 3,500.00 3,500.00 7,000.00 Flex Funds - - 200,000.00 Office/ Client Space 952.75 952.75 952.75 2,858.25 Direct Client Expenses - - - Site Security 20,500.00 20,500.00 20,500.00 61,500.00 Subtotal 22,819.75 26,319.75 26,319.75 275,459.25 Total DIRECT COSTS 29,303.50 32,803.50 32,803.50 294,910.50 May/June HCEB Services 57,790.44
Collaborising (subconsultant) 17,500.00 17,500.00 35,000.00 Executive Director 11,437.50 11,437.50
Operations Manager 6,062.50 6,062.50
Contingency 1,018.25
ICR 12.5% 3,662.94 6,287.94 6,287.94 16,238.81 TOTAL DIRECT AND INDIRECT COSTS 32,966.44 39,091.44 39,091.44 404,958.00
PROFESSIONAL SERVICES BUDGET
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
EXHIBIT C
FLEX FUNDS FOR RYDIN ROAD ENCAMPMENT PARTICIPANTS
OBJECTIVE:
The Flex Funds are designed to remove financial barriers that prevent households from obtaining housing to transition from the Rydin Road encampment in advance of the sunsetting scheduled for September 30, 2022.
ELIGIBITY:
• Program participants living at the Rydin Road encampment (up to 27 participants) with an executed completed Program Agreement, registered in HMIS, and completed Vi- SPDAT
• Rydin Resident Assessment and Transition Plan completed PROCESS:
1. Assessment completed by authorized service providers (HCEB and/or Collaborising)
2. Complete Housing Transition Plan, in a form approved by the City of Richmond, which includes, but is not limited to, the following information:
o Contact information for participant
o Other resources received, requested and/or sought (i.e., Coordinated Entry, CORE assistance, etc.)
o Detailed budget for flex funds requested to support proposed transition option o Timeline for execution
3. City reviews, edits (as necessary), and authorizes the flex fund request prior to expenditure
4. All parties (participants, service provider, and city) sign the Transition Plan
5. HCEB disburses funds to appropriate entity (directly to the participant, purchased on behalf of participant, and/or 3rd party vendor)
6. Direct disbursement to participants will be issued at the time of transition from Rydin Road
7. Transition plans and disbursement agreement shall note that participants agree to not relocate to other parts of the city unless in a legal housing unit
8. Service providers will develop and submit a final close out report to the City outlining all flex funds issued, leveraged funding or resources, destination, and status of Rydin participants via approved Transition Plan
TYPES OF SUPPORT:
The following are examples of the types of support to be provided by the City via Service Providers:
Fees and Deposits Needed to Apply for and Secure Housing:
➢ Security deposits (up to/not to exceed 2 times the rent) ➢ Application and administrative fees
➢ Pet deposits/fees
➢ Utility deposit activation fees for new utility accounts
Lease or Utility Assistance:
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
➢ Rental assistance, including monthly pet rent
➢ Utility assistance
Hotel or Motel Assistance:
➢ Requesting agency will be reimbursed for payment.
➢ Household must have a signed lease and move-in date established prior to approval.
Transportation:
➢ Items related to one-time, episodic, or regular transportation, that can help a client make progress towards ending their homelessness (e.g., car registration, bus passes, taxi fare, gas vouchers, tires, minor car repairs, etc.).
➢ Fares for the cost of housing navigation to view potential rental options by bus or other transportation services (e.g., Uber, Lyft, etc.).
Relocation Assistance:
➢ Bus tickets to return to locales with stable family support ➢ Train tickets to return to locales with stable family support ➢ Other transportation fees (e.g., taxis, rideshare services, etc.) ➢ Gas funds to reach destination
Critical Documents:
➢ Documentation needed to overcome barriers to employment, housing, etc. (e.g., driver’s license, state identification card, birth certificate, student records, etc.).
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
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
Housing Consortium of the East Bay (HCEB)
5 / 5580
As described in attached Exhibits.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
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
Housing Consortium of the East Bay (HCEB)
5 / 5580
February 12, 2022
0.00 560,000.00
March 14, 2022
✔
March 10, 2022
0.00 May 31, 2022
560,000.00
560,000.00
0.00 June 16, 2022
June 30, 2022
July 31, 2022
September 30, 2022
560,000.00
0.00 July 11, 2022
August 1, 2022
404,958.00
964,958.00
✔
✔
✔
✔
✔
✔
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.
Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance providing coverage during the life of this contract.
SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
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
4/29/2022
Arthur J. Gallagher & Co.
Insurance Brokers of CA., Inc.
505 N Brand Blvd, Suite 600
Glendale CA 91203
Star Metry
818.539.8623
818.539.8723
[email protected]
License#: 0726293
Nonprofits' Insurance Alliance of CA
10023
Technology Insurance Company, Inc
42376
Housing Consortium of the East Bay
410 7th Street, Suite 203
Oakland, CA 94607
1179829920
A
X
1,000,000
X
500,000
20,000
1,000,000
3,000,000
X
Y
2022-10963
4/15/2022
4/15/2023
3,000,000
A
1,000,000
X
X
2022-10963
4/15/2022
4/15/2023
Comp & Collision
500/$500
A
X
X
3,000,000
2022-10963-UMB
4/15/2022
4/15/2023
3,000,000
B
X
Y
TWC4100330
4/1/2022
4/1/2023
1,000,000
1,000,000
1,000,000
A
Professional Liability
2022-10963
4/15/2022
4/15/2023
Per Claim
Aggregate
$1,000,000
$3,000,000
Nonprofits' Insurance Alliance of CA - A.M. Best #011845 Policy: Sexual Abuse Liability
Policy#: 2022-10963
Carrier: Nonprofits' Insurance Alliance of CA
Policy Term: 4/15/2022 To 4/15/2023
Per Claim: $1,000,000 / Aggregate: $1,000,000
See Attached...
City of Richmond
440 Civic Center Plaza
Richmond CA 94804
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
1 1
Arthur J. Gallagher & Co.
Housing Consortium of the East Bay
410 7th Street, Suite 203
Oakland, CA 94607
25 CERTIFICATE OF LIABILITY INSURANCE
Policy: CRIME
Policy#: 2022-10963-PROP
Carrier: Nonprofits' Insurance Alliance of CA
Policy Term: 4/15/2022 To 4/15/2023
Employee Theft: Limit: $50,000 / Deductible: $500
Forgery or alteration: Limit: $50,000 / Deductible: $500 Named Insured: Housing Consortium of the East Bay; Inclusive Communities East Bay, LLC; Magnolia Terrace, LLC; Mentally Handicapped Childrens Organization, Inc., Luella Fuller Group Home; Tri-Valley BMR, LLC; Ashland NSP, LLC, Fairview Homes, LLC.
The City of Richmond, its officers, officials, employees, agents and volunteers are named additional insured with respect to the operations of the named insured.
Waiver of Subrogation on Worker compensation applies in favor of additional insured. The insurance provided in the Commercial General Liability policies are primary and any other insurance shall be excess only and not contributing. Written notice shall be provided at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Endorsement to follow.
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
EXHIBIT C
FLEX FUNDS FOR RYDIN ROAD ENCAMPMENT PARTICIPANTS
OBJECTIVE:
The Flex Funds are designed to remove financial barriers that prevent households from obtaining housing to transition from the Rydin Road encampment in advance of the sunsetting scheduled for September 30, 2022.
ELIGIBITY:
• Program participants living at the Rydin Road encampment (up to 27 participants) with an executed completed Program Agreement, registered in HMIS, and completed Vi- SPDAT
• Rydin Resident Assessment and Transition Plan completed PROCESS:
1. Assessment completed by authorized service providers (HCEB and/or Collaborising)
2. Complete Housing Transition Plan, in a form approved by the City of Richmond, which includes, but is not limited to, the following information:
o Contact information for participant
o Other resources received, requested and/or sought (i.e., Coordinated Entry, CORE assistance, etc.)
o Detailed budget for flex funds requested to support proposed transition option o Timeline for execution
3. City reviews, edits (as necessary), and authorizes the flex fund request prior to expenditure
4. All parties (participants, service provider, and city) sign the Transition Plan
5. HCEB disburses funds to appropriate entity (directly to the participant, purchased on behalf of participant, and/or 3rd party vendor)
6. Direct disbursement to participants will be issued at the time of transition from Rydin Road
7. Transition plans and disbursement agreement shall note that participants agree to not relocate to other parts of the city unless in a legal housing unit
8. Service providers will develop and submit a final close out report to the City outlining all flex funds issued, leveraged funding or resources, destination, and status of Rydin participants via approved Transition Plan
TYPES OF SUPPORT:
The following are examples of the types of support to be provided by the City via Service Providers:
Fees and Deposits Needed to Apply for and Secure Housing:
➢ Security deposits (up to/not to exceed 2 times the rent) ➢ Application and administrative fees
➢ Pet deposits/fees
➢ Utility deposit activation fees for new utility accounts
Lease or Utility Assistance:
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
➢ Rental assistance, including monthly pet rent
➢ Utility assistance
Hotel or Motel Assistance:
➢ Requesting agency will be reimbursed for payment.
➢ Household must have a signed lease and move-in date established prior to approval.
Transportation:
➢ Items related to one-time, episodic, or regular transportation, that can help a client make progress towards ending their homelessness (e.g., car registration, bus passes, taxi fare, gas vouchers, tires, minor car repairs, etc.).
➢ Fares for the cost of housing navigation to view potential rental options by bus or other transportation services (e.g., Uber, Lyft, etc.).
Relocation Assistance:
➢ Bus tickets to return to locales with stable family support ➢ Train tickets to return to locales with stable family support ➢ Other transportation fees (e.g., taxis, rideshare services, etc.) ➢ Gas funds to reach destination
Critical Documents:
➢ Documentation needed to overcome barriers to employment, housing, etc. (e.g., driver’s license, state identification card, birth certificate, student records, etc.).
DocuSign Envelope ID: 38941C81-E23B-4160-8DF6-A4C0663E6B29
July 29, 2022
City Manager's Office
DATE: July 29, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Lina Velasco, Director of Community Development
Louie Tirona, Assistant Police Chie,
Joe Leach, Director of Public Works
LaShonda White, Interim Director of Community Services
Subject:
Rydin Road Encampment Sunsetting Program
FINANCIAL IMPACT: The costs associated with the sunset of the Rydin Road encampment can be covered by funds allocated for
unhoused interventions (15061219-400201-RI160).
PREVIOUS COUNCIL
ACTION:
March 16, 2021, December 7, 2021, June 28, 2022
STATEMENT OF THE
ISSUE:
The Rydin Vehicle Encampment was set to sunset at the
end of December 2021. City staff is presenting options to mandate a new permanent sunset date for the Rydin
encampment, and to consider approval of certain sole
source contracts associated with the selected option.
RECOMMENDED
ACTION:
MANDATE the sunset date of the Rydin Road encampment
as August 31, 2022; APPROVE a fifth contract amendment
in an amount not to exceed $135,966, with Housing
Consortium of the East Bay and extend the contract term to August 31, 2022, for a total not to exceed amount of
$695,966; AUTHORIZE the City Manager or her designee
to negotiate and execute contracts for the administration of flex funds with a community-based organization; and
CONTINUE collaboration with Contra Costa County (CCC)
H3 and C.O.R.E. programs to provide needed supportive
services to residents at Rydin Road prior to abatement – City Manager’s Office (Shasa Curl 510-620-6512).
AGENDA
REPORT
July 29, 2022
DISCUSSION:
The Rydin Vehicle Encampment was scheduled to sunset at the end of December 2021; however, prior to the planned sunset date, the City Council determined that additional time was needed to help transition residents to alternative housing options based on input received from the encampment residents. City staff is (1) presenting options to set a new sunset date for the encampment; and (2) requesting authorization for the City Manager or her designee to negotiate certain contracts associated with the selected option.
Moving forward, City staff will enforce all provisions of the Richmond Municipal Code to ensure all Richmond residents are treated in an equitable manner. In sum, the encampment continues to significantly impact adjoining businesses in the key Central Avenue Corridor, which is the gateway to Costco, Pt. Isabel Park, 7 Stars Holistic Healing Center, and Pacific East Mall. It also impacts water quality, service delivery in other areas, City resources, and access to the Bay Trail. Therefore, reestablishing a sunset date is required.
Background
On March 16, 2021, the City Council approved a sole source contract in the amount of $560,000 with the Housing Consortium of the East Bay (HCEB) to provide on-site management, housing navigation, security, and certain sanitation services through subcontractor, Safe Organized Spaces (SOS) Richmond. As stated above, the sunset and abatement did not occur; as such, this has caused the need for City staff to provide amendments for time to the HCEB contract four times with the most recent extension ending July 31, 2022 (see Attachment 1). City staff is proposing options for a mandated sunset date to be established to resolve this encampment and improve the Central Avenue corridor.
The current encampment has 25 registered participants (originally there were 40) and 26 vehicles related to these participants. It should be acknowledged that since the encampment is not fenced, there may be visitors or others staying in and around the site.
City of Richmond Resources: In addition to the resources allocated to HCEB, the City continues to invest a significant amount of staffing resources from various City departments including Community Development, Fire, Abatement, Police, Parking Enforcement, Streets, Code Enforcement, and City Manager’s Office.
The City continues to receive complaints from area businesses, residents, and park users regarding the encampment. Over the last three years, the City has experienced a significant increase in calls for Richmond Police Department service, with over an 100 percent increase occurring between 2020 and 2021. On average, two officers are dispatched per call with an average of one (1) hour on each detail. The estimated costs associated with the increase in calls for services was $6,208 in 2019, $25,237 in 2020,
July 29, 2022
and $50,592 in 2021. The top calls for service in 2021 were disturbances, suspicious vehicle, parking violation, and security checks. In 2022, the top calls for service were parking violations, disturbances, and security checks. The table below illustrates the number of calls for service:
2019 2020 2021 % Change
53 216 433 100
The City’s Public Works Abatement crew estimates that they have spent over 840 hours and approximately $60,000 supporting major clean-up activities at the Rydin encampment. In 2021, staff spent 21 days and 630 hours, at a cost of $44,235, and in 2022, staff spent seven (7) days and 210 hours, at a cost of $14,745 at the site. City staff also collected and disposed of approximately 63 tons of materials from the site (36 tons in 2021 and 27 tons in 2022).
For the City’s Streets Maintenance Division, crews went out to Rydin Road a total of 12 times with at least two staff members each time. The total cost for one Equipment Operator and one Maintenance Worker II is $2,864.76 (2.5 hours average x 12 visits).
City staff left eight 10’ K-rails on site with an estimated cost of $530 each (total of $4,240) and seven 20’ K-rails on site estimated at $580 each ($4,060). The total estimated cost is $11,146.
Richmond/San Pablo Coordinated Outreach Referral Engagement (C.O.R.E.) Team:
The City of Richmond and City of San Pablo fund and share a dedicated Contra Costa County C.O.R.E. team in which Richmond pays for three (3) days of service, and San Pablo pays for two (2) days. There is also a West County C.O.R.E. team that is paid for by the Contra Costa County and provides services to all West County jurisdictions. The site is mostly served by the Richmond/San Pablo C.O.R.E team; however, the West County team may provide additional support, as needed to Rydin residents. The Contra Costa County C.O.R.E. program works to engage and stabilize homeless individuals living outside through consistent outreach to facilitate and/or deliver health and basic need services and secure permanent housing. C.O.R.E. teams serve as an entry point into Contra Costa's coordinated entry system for unsheltered persons and work to locate, engage, stabilize, and house chronically homeless individuals and families. The outreach teams identify individuals living on the streets, assess their housing and service needs, and facilitate connection to shelter and services.
These services include referrals, emergency supplies, benefit referral, housing coordination, and Health Care for the Homeless mobile clinic referrals. A summary of services provided at Rydin between May 2021 through May 2022 is listed below, posted online (Attachment 2).
July 29, 2022
Service Item Name Number of
Services
Medical Referrals or Coordination 9
Outreach Other - Benefits Referral (GA/SSI/etc) 41
Outreach Other – DMV 2
Outreach Other - Emergency Supplies 180
Outreach Other - Housing Coordination 83
Problem Solving/Diversion/Rapid Resolution intervention or service 1 Public Works- Garbage Bag Given 9
Referral to scheduled Coordinated Entry Housing Needs Assessment 3 Referral to Street Outreach project or services 1
Shelter Placement - County Shelter 2
Shelter Placement- NCS BACS Richmond Best Western PUI Site 2 Shelter Placement- NCS Marriott Richmond 2
Shelter Referral - County Shelter 18
Shelter Referral- NCS Marriott Richmond 42
TOTAL 395
The purpose of a Coordinated Entry System is to ensure that all people experiencing a housing crisis have equitable access to available resources. Clients are quickly identified, assessed, and connected to available homeless services and long-term housing. Coordinated Entry uses evidence informed tools and standardizes practices, incorporates a system-wide Housing First (no barriers to entry) approach, and prioritizes limited resources for the most vulnerable. While some residents have accepted housing or shelter options, many have not. The full continuum of homeless housing and services available through the Contra Costa Coordinated Entry System include:
• C.O.R.E. Outreach - serve as a Coordinated Entry access point to connect people experiencing unsheltered homelessness to the system of care, address their immediate health and safety needs, and assist them to move indoors • Prevention/Diversion - keep people from experiencing literal homelessness for the first time or returning to it after being permanently housed by providing housing problem solving and one-time financial assistance
• Emergency Shelter - provide Trauma-Informed, safe interim housing for people experiencing literal homelessness while supporting their access to permanent housing opportunities
• CARE Centers - serve as a Coordinated Entry access point for people experiencing unsheltered homelessness by providing a safe, accessible place for people to access basic needs such as showers, laundry, mail, meals, hygiene kits, information, referral, and housing focused case management • Rapid Exit - assist those who are literally homeless with an identified housing solution to exit the homeless services system to temporary or permanent housing (can be independent or with family/friends), using housing problem solving and one- time financial assistance if needed
July 29, 2022
• Rapid Rehousing - permanently house vulnerable individuals and families who are unsheltered, with long histories of homelessness and severe service needs by providing housing location and move-in assistance, medium-term subsidy of rents that taper down over time, and trauma informed supportive services • Permanent Supportive Housing - permanently house the Continuum of Care’s most vulnerable individuals and families with long histories of homelessness by providing permanently subsidized housing and trauma-informed supportive services to ensure housing retention and improved quality of life for participants
Early in the program role out, Rydin residents completed assessments with C.O.R.E and HCEB to complete a housing needs assessment (called the VI-SPDAT) to obtain placement onto a Housing Queue, or a list of people searching for housing. Per County reports, on any given day, there are more than 1,000 households on the Housing Queue in need of permanent supportive housing (PSH) resources. Only 21 percent of households on Housing Queue meet the rapid rehousing (RRH) score range meaning most people do not qualify for certain housing programs. This is important to ensure that participants get placed in the right type of housing at the right time to achieve success.
Also, individuals on the list may be dealing with physical, mental and/or substance abuse issues.
In addition, the housing need exceeds supply, so many households on the housing queue need to be reassessed every six (6) months for accurate depiction of current needs. C.O.R.E. is the access point to coordinated entry, but it should noted that coordinated entry is just that -- a system of care that includes both public and non-profit providers with a needs-based process for entry. Residents were offered the option of shelter beds in November and December 2021 at Brookside Shelter.
Flex Funds: The City Council recently allocated additional flex funds to assist residents with vehicle repair, towing, storage, and registration services. The use of these funds was recently expanded due to a lack of responses to a Request for Qualifications from mechanics to do the repair work, lack of proof of ownership of the vehicles proposed to be repaired, and the cost of repairs exceeding the value of many of the vehicles. The City Council approved expanding the use of the funds at their June 28, 2022, meeting.
City staff members are currently working with Finance staff to discuss appropriate documentation for the disbursement of these funds. City Finance staff do not have capacity to support the administration of flex funds. To disburse these funds quicker, City staff recommend allocating the flex funds to a non-profit service provider for administration.
Rydin Resident Input: City staff and HCEB, with support from Collaborising and Faith in Action East Bay, have met with Rydin residents at least four times to listen to their needs and concerns, as well as to discuss the sunsetting of the encampment. A portion of the residents are requesting to be engaged in the sunsetting of the encampment and expressed the request to access to the Housing First program and/or relocation assistance while they are on waitlists for vouchers or other support programs via the Coordinated Entry System. In addition, the residents have informed the development of