Richmond City Council
June 20, 2023

June 20, 2023
Library and Community Services
DATE: June 20, 2023
TO: Richmond Fund for Children and Youth Oversight Board FROM: LaShonda White, Deputy City Manager – Community Services Patrick Seals, Project Manager
Guadalupe Morales, Assistant Administrative Analyst
Nicholas Delgado, Management Analyst
Subject: Richmond Fund for Children and Youth Fiscal Year 22-23 Grant Renewals
FINANCIAL IMPACT: The Kids First Amendment of the City of Richmond charter (Article 15 Section 2) requires the City to set aside one, two, and three percent of the City’s General Fund (GF) in FYs 2021-22, FY 2022-23, and FY 2023-24 respectively, and
three percent each fiscal year thereafter through FY 2027-28 and appropriate these funds to the Richmond Fund for
Children and Youth. There is sufficient revenue ($1.44
million) in the RFCY fund (13371018-400201) to cover the grant renewals for FY 2023-2024.

PREVIOUS COUNCIL
ACTION:

June 28, 2022

STATEMENT OF THE
ISSUE:

On June 5, 2018, Richmond voters approved Measures E
and K, known as the Richmond Kids First Initiative, which approved a City of Richmond charter amendment to create a Department (RDCY) and Fund for Children and Youth
(RFCY) and requires that a portion of the General Fund be set aside to fund youth programs and services. On June 28, 2022, City Council approved 19 RFCY grants to youth-serving public and nonprofit organizations in a total amount not to exceed $1.44 million. Per Article 15 Section 9(a) of the Richmond Charter, City staff is bringing forth an item to renew these awards and grant service agreements for up to one (1) AGENDA
REPORT
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June 20, 2023
additional fiscal year through FY 2023-2024, in alignment with the three-year grant funding cycle.

RECOMMENDED
ACTION:

ADOPT a resolution approving the renewal of 19 Richmond Fund for Children and Youth (RFCY) grants to youth-serving public and nonprofit organizations in a total amount not to exceed $1,434,317, from July 1, 2023, through June 30,
2024; and AUTHORIZE the city manager or their designee to negotiate and execute grant service agreements, and any extensions, with approved grantees – Community Services Department (LaShonda White/Patrick Seals 510-620-6512).

DISCUSSION:

The Richmond Fund for Children & Youth (RFCY) Oversight Board is requesting City Council approve the renewal of Fiscal Year (FY) 2022-2023 RFCY grantees for FY 2023-2024. On December 15, 2020, City Council approved an RFCY Strategic Investment Plan that built on the priority areas identified through the Community Needs Assessment process and set forth funding priorities for a three-year period between FYs 2021 and 2024. On June 28, 2022, City Council approved the RFCY Oversight Board’s recommendation to award grants to 19 non-profit and public agencies in the approximate amount of $1.44 million for programming in Fiscal Year 2022-23.

Subsequently, at the June 5, 2023, RFCY Oversight Board meeting members discussed and approved the renewals for FY 2022-2023 RFCY grantees.

Per Article 15 Section 9(a) of the Richmond Charter and the FY 2021 – 2024 Request for Proposal, organizations that received an FY 2021-2022 RFCY grant were awarded for an initial one-year period, July 1, 2021, to June 30, 2022. Each grantee had the opportunity to have grants renewed for up to two additional one-year periods between July 1, 2022 – June 30, 2024, contingent on performance and availability of RFCY funds.

Likewise, organizations that received a FY 2022-2023 RFCY grant were awarded for an Priority Areas FY 22-23 Award
Amounts

1. Behavioral Health: Mental Health and Wellness $309,588

2. Education Support and Employment Training/Support $170,000

3. Out of School Time, Afterschool Sports, and Enrichment Programming
$671,250

4. Violence Prevention $65,475

5. Information, Guidance, and Case Management $118,004

6. Basic Needs $100,000
FY 2021-23 Total Awards FY Total $1,434,317
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June 20, 2023
initial one-year period, July 1, 2022, to June 30, 2023. Each grantee had the opportunity to have grants renewed for one additional one-year period between July 1, 2023 – June 30, 2024, contingent on performance and availability of RFCY funds.

FY 2023-2024 RDCY Grant Renewal Requests
Grant renewal recommendations are listed below at the “Grant Renewal Recommendation” level based on the six priority areas.

Mental Health and Wellness
Organization Name
Grant Renewal
Recommendation
Bay Area Community Resources (Single Agency) $149,588
New Life Movement (Single Agency) $100,000
Mindful Life Project (Single Agency) $60,000
TOTAL $309,588
Education Support and Employment Training/Support
Organization Name
Grant Renewal
Recommendation
Richmond Art Center (Single Agency) $40,000
The Watershed Project (Single Agency) $100,000
Things That Creep (Small and Emerging) $30,000
TOTAL $170,000
Out of School Time, Afterschool Sports, and Enrichment Programming Organization Name
Grant Renewal
Recommendation
Aim High for High School (Single Agency) $150,000
Pogo Park (Single Agency) $150,000
Scientific Adventures for Girls (Single Agency) $65,000 The Practice Space (Single Agency) $100,000
The Watershed Project (Single Agency) $50,000
D.R.E.A.M. Financial Academy (Collaboration: Just Imagine Kidz) $40,000
Rosie the Riveter Trust (Collaboration: National Park Service) $86,250 Oshiana Unique Thompkins Foundation (Small and Emerging) $30,000 TOTAL $671,250
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June 20, 2023
Violence Prevention
Organization Name
Grant Renewal
Recommendation
Fresh Lifelines for Youth Inc. (Single Agency) $65,475
TOTAL $65,475
Basic Needs
Organization Name
Grant Renewal
Recommendation
Fresh Approach (Single Agency) $68,004
Greater Richmond Interfaith Program (Single Agency) $50,000 TOTAL $118,004
Information, Guidance, and Case Management
Organization Name
Grant Renewal
Recommendation
Contra Costa Youth Service Bureau (Single Agency) $80,000 Greater Richmond Interfaith Program (Single Agency) $20,000 TOTAL $100,000
Next Steps
City Staff is bringing this item before City Council for approval. After approval of the grant award renewals by the City Council, City staff will amend the associated grant agreements. City staff will manage the contract processes which include entering into grant agreements, contract administration, serving as a point of contact for all grantees, conducting site visits, reviewing progress reports, and reviewing and approving invoices.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Approving the RFCY Grant Renewals (FY 2022-23) Attachment 2 – Request for Proposal RFCY (FY 2023-24)
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Reso. No. X

RESOLUTION NO. X

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE GRANT

SERVICE AGREEMENTS WITH THE NONPROFIT ORGANIZATIONS THAT RECEIVED GRANT AWARDS FROM THE FY 2022-2023 RICHMOND FUND FOR

CHILDREN AND YOUTH OVERSIGHT BOARD FOR AN AMOUNT NOT TO EXCEED ONE MILLION FOUR-HUNDRED THIRTY-FOUR THOUSAND THREEHUNDRED SEVENTEEN DOLLARS ($1,434,317) WHEREAS, On June 5, 2018, Richmond voters approved Measures E and K, known as the Richmond Kids First Initiative, which approved a City of Richmond Charter Amendment (Article 15); and
WHEREAS, the Charter Amendment required (1) the creation of a Department of Children and Youth (Department), (2) provided for increased and dedicated funding for youth programs and services through the establishment of the Richmond Fund for Children and Youth (Fund), (3) established a 15-member Oversight Board to oversee the Fund, and (4) required the development of a community needs assessment that would inform a three-year Strategic Investment Plan which will guide a “fair and open” grant-making process; and WHEREAS, the Department facilitates the allocation of funds for youth-serving organizations by administering an open and fair application process that is in compliance with the policies adopted by the Oversight Board; and.

WHEREAS, the Richmond Fund for Children and Youth Oversight Board (Oversight Board) is responsible for overseeing the annual grant-making process of the Fund, monitoring the Department to ensure it operates in the best interests of the community, developing a Strategic Investment Plan every three (3) years, and facilitating an annual evaluation of the Fund and funded programs; and
WHEREAS, the Oversight Board helps guide funding for youth-serving organizations by developing policies, monitoring, and ensuring that the Fund is managed in a manner accountable to the community; and.

WHEREAS, Article 15 Section 2 of the City of Richmond Charter of the requires the Fund be maintained separate and apart from all other City funds and shall be appropriated annually at the time of the City’s budget adoption; and WHEREAS, the City of Richmond is required to set aside a portion of the annual actual unrestricted general purpose revenues of the City to be transferred in the amounts specified below:
 For Fiscal Year 2021-2022, set aside for the Fund is an amount equal to one percent (1%) of the City’s annual actual unrestricted general purpose revenues  For Fiscal Year 2022-2023, set aside for the Fund is an amount equal to two percent (2%) of the City’s annual actual unrestricted general purpose revenues  For Fiscal Year 2023-2024, and each fiscal year thereafter through Fiscal Year 2027- 2028, set aside for the Fund is an amount equal to three percent (3%) of the City’s annual actual unrestricted general purpose revenues
WHEREAS, the Community Needs Assessment provided an overview of current data and findings related to children, youth, and their families in Richmond; and priorities were identified by synthesizing these data sources and surfacing issues that were raised across multiple groups and subgroups and within the framework of the legislation informing the Richmond Kids First Initiative; and
WHEREAS, the priority areas are:

1. Behavioral Health: Mental Health and Wellness

2. Education Support and Employment/Training Support

3. Out-of-school Time, After-school, Sports and Enrichment

4. Youth Violence Prevention

5. Access to Basic Needs
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Reso. No. X

6. Information, Guidance and Case Management; and
WHEREAS, the Strategic Investment Plan builds on the priority areas identified through the Community Needs Assessment and guide the Department’s grant cycle between 2021 and 2024; and
WHEREAS, the second round of grant funding for Fiscal Year 2022-2023 (July 1, 2021 – June 30, 2022) is estimated to total approximately $1.43 million; and WHEREAS, on December 10, 2020, the Oversight Board (Board) approved the Strategic Investment Plan (SIP), and the City Council subsequently approved the SIP at its regular meeting held on December 15, 2020; and
WHEREAS, the eligible organizations were required to have 501(c)(3) tax status and provide services to Richmond and/or North Richmond residents; and WHEREAS, the Oversight Board recommends to the City Council that grant renewals be awarded to the following nineteen (19) organizations, for a total award amount not to exceed $1,434,317;
Priority Areas
FY 22-23
Award
Amounts

1. Behavioral Health: Mental Health and Wellness $309,588

2. Education Support and Employment Training/Support $170,000

3. Out of School Time, Afterschool Sports, and Enrichment Programming
$671,250

4. Violence Prevention $65,475

5. Information, Guidance, and Case Management $118,004

6. Basic Needs $100,000
TOTAL $1,434,317
Priority Area 1
Organization
Recommended
Award Amount
Bay Area Community Resources (Single Agency) $149,588
New Life Movement (Single Agency) $100,000
Mindful Life Project (Single Agency) $60,000
TOTAL 309,588
Priority Area 2
Organization
Recommended
Award Amount
Richmond Art Center (Single Agency) $40,000
The Watershed Project (single Agency) $100,000
Things That Creep (Small and Emerging) $30,000
TOTAL $170,000
Priority Area 3
Organization
Recommended
Award Amount
Aim High for High School (Single Agency) $150,000
Pogo Park (Single Agency) $150,000
Scientific Adventures for Girls (Single Agency) $65,000 The Practice Space (Single Agency) $100,000
The Watershed Project (Single Agency) $50.000
D.R.E.A.M. Financial Academy (Collaboration) $40,000
Rosie the Riveter Trust (Collaboration) $86,250
Oshiana Unique Thompkins Foundation (Small and Emerging) $30,000 TOTAL $671.250
1038
Reso. No. X

Priority
Area 4
Organization
Recommended
Award Amount
Fresh Lifelines for Youth Inc. (Single Agency) $65,475
TOTAL $65,475
Priority Area
5 Organization
Recommended
Award Amount
Fresh Approach (Single Agency) $68,004
Greater Richmond Interfaith Program (Single Agency) $50,000 TOTAL $118,004
Priority Area 6
Organization
Recommended
Award Amount
Contra Costa Youth Service Bureau (Single Agency) $80,000 Greater Richmond Interfaith Program (Single Agency) $20,000 TOTAL $100,000
WHEREAS, the Richmond City Council authorizes City Manager’s staff to negotiate and enter into grant service agreements with the nineteen (19) recipient organizations and to provide oversight to assure that deliverables are met and that activities and expenses are consistent with the intent of each agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Richmond, California, adopts the Resolution to allocate FY 2022-2023 Richmond Fund for Children and Youth (Kids First) funds to the grantees in the amounts specified above, and authorizes the City Manager’s Office to renew and execute grant service agreements with award recipients. *********************
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FY 2023‐24
REQUEST FOR PROPOSALS (RFP)
For Direct Services in the Following Priority Areas:
 BEHAVIORAL HEALTH: MENTAL HEALTH AND WELLNESS
 EDUCATION SUPPORT AND EMPLOYMENT/TRAINING SUPPORT
 OUT‐OF‐SCHOOL, AFTER‐SCHOOL, SPORTS AND ENRICHMENT
 YOUTH VIOLENCE PREVENTION
 ACCESS TO BASIC NEEDS
 INFORMATION, GUIDANCE AND CASE MANAGEMENT
RFP ISSUED: TUESDAY, DECEMBER 27, 2022
PRE-PROPOSAL CONFERENCES:

TUESDAY, JANUARY 17, 2023, FROM 6:00 P.M. - 7:30 P.M.

FRIDAY, JANUARY 27, 2023, FROM 11:00 A.M. – 12:30 P.M.

PROPOSAL DUE DATE: MONDAY, FEBRUARY 13, 2023, BY 2:00 P.M.

Richmond Fund for Children and Youth
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone 510.620.6523  www.richmondyouth.org
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 2 TABLE OF CONTENTS
I. Introduction .............................................................................................................................. 4 Request for Proposals Overview ...................................................................................................................... 4 II. Richmond Fund for Children and Youth (RFCY) Introduction ............................................. 5 The Richmond Fund for Children and Youth .............................................................................................. 5 Goals of the Richmond Fund for Children and Youth ............................................................................. 6 Richmond Department of Children and Youth (RDCY) ........................................................................... 7 Community Needs Assessment (CNA) Guiding Principles ................................................................... 8 Learning Questions ............................................................................................................................................... 8 Funding Allocations Available by RFCY 2021-2024 Strategies............................................................. 9 II. Application Process .............................................................................................................. 10 Eligibility ................................................................................................................................................................. 10 Funding Amounts................................................................................................................................................ 15 Applying for Funding ......................................................................................................................................... 18 Pre-Proposal Meetings, Training, & Technical Assistance ................................................................... 19 Important Dates ................................................................................................................................................... 20 Additional RFCY Resources ............................................................................................................................. 20 III. Funding Priority Areas for FY 2021-2024 .......................................................................... 21 Priority 1: Support Behavioral Health: Mental Health and Wellness for Children and Youth 23 Priority 2: Provide Education Support and Employment/Training Support so that Youth Can Move to College and Career ..................................................................................................... 25 Priority 3: Support Out-of-School Time, After-school, Sports and Enrichment ........................... 27 Priority 4: Expand Youth Violence Prevention Efforts ............................................................................ 29 Priority 5: Strengthen Access to Basic Needs ........................................................................................... 31 Priority 6: Strengthen Access to Guidance and Information about Resources Available for Children and Youth ...................................................................................................................................... 33 IV. Proposal Instructions .......................................................................................................... 35 Step 1: Agency and Proposal Information ................................................................................................. 36 Step 2: Proposal Narrative ............................................................................................................................... 37 Step 3: Budget ...................................................................................................................................................... 40 Step 4: Required Documents .......................................................................................................................... 43 Step 5: Proposal Submission & Acknowledgement ............................................................................... 45 V. Funding Recommendations and Contract Negotiation .................................................... 47 Rejection of Proposal Elements .................................................................................................................... 47 Proposal Review Process ................................................................................................................................. 47 Evaluation of Proposals .................................................................................................................................... 49 Contract Negotiations ....................................................................................................................................... 50 Contract Award .................................................................................................................................................... 51 1041
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 3 Appendix A: Proposal Template ................................................................................................ 53 SECTION 1 – AGENCY AND PROPOSAL INFORMATION ...................................................................... 53 SECTION 2 –NARRATIVE ..................................................................................................................... 54 Appendix B: Demographic Projections Table(s) ...................................................................... 58 Appendix C: Activity and Operations Projection Table(s) ....................................................... 59 Appendix D: Budget Template ................................................................................................... 63 Appendix E: Letter of Agreement (LOA) Sample ..................................................................... 64 Appendix F: Compliance with City Council Policies and Applicable Laws ............................. 65 1042
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 4 I. Introduction

REQUEST FOR PROPOSALS OVERVIEW
This Request for Proposals (RFP) is being issued by the City of Richmond, Department of Children and Youth (RDCY) for the Richmond Fund for Children and Youth (RFCY). This RFP aims to solicit program proposals from non-profit organizations and public agencies to provide services to children and youth from birth to 24 years old in Richmond and Unincorporated North Richmond.

Voluntary Pre-Proposal (Bidders Conference) Meeting Date and Time:

In order to provide information regarding the RFP, the RDCY will host two virtual pre-proposal conferences for interested applicants. A video of the pre-proposal meeting will be available on the RFCY grants webpage at www.ci.richmond.ca.us/RFCYGrants by January 20, 2023.

Tuesday, January 17, 2023, from 6:00 p.m. to 7:30 p.m.

Friday, January 27, 2023, from 11:00 a.m. to 12:30 p.m.

Deadline for Questions: Friday, January 20, by 5:00 p.m., by email to the Project Manager, Patrick Seals at [email protected].

Proposal Submittal Deadline Date and Time: Monday, February 13, 2023, by 2:00 p.m.

Proposal Submission: Proposals must be submitted online at www.ci.richmond.ca.us/RFCYGrants
The Grantee shall be required to comply with all applicable City programs and policies. Details are presented in this RFP and will be discussed at the pre-proposal meeting. Applicants who wish to participate in the RFP process are recommended to register, visit, and review the:

1. Richmond Fund for Children and Youth (RFCY) Grant Program Listserv

2. BidsOnline System

3. RDCY webpage
The links above will allow interested applicants to receive addenda, updates, announcements, and notifications relevant to the RFP and other contracting opportunities. If you have any questions, please email [email protected].

Contact Information: The following City staff are available to answer questions regarding this RFP: Patrick Seals at (510) 620-6523 or [email protected] (email preferred) and Guadalupe Morales at [email protected] (email preferred) 1043
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 5 II. Richmond Fund for Children and Youth (RFCY) Introduction The Richmond Fund for Children and Youth (RFCY) is pleased to release the 2021-2024 Request for Proposals (RFP) to solicit program proposals from non-profit organizations and public agencies to provide services to children and youth in Richmond and North Richmond, California.

We look forward to the opportunity to collaborate with strong community agencies to best serve the needs of Richmond’s children and youth.

This RFP covers the six priority areas outlined in the 2021-2024 Strategic Investment Plan, which was developed through an extensive community engagement process and can be found on RFCY’s grant webpage (http://www.ci.richmond.ca.us/RFCYGrants). All applicants are strongly encouraged to read the 2021-2024 Strategic Investment Plan in addition to this RFP before starting the application process.

Grants awarded through this RFP process will be for a one-year period, July 1, 2023 to June 30, 2024 (FY 2023-2024). The total projected amount available for FY2023-2024 grant awards through this RFP is approximately $1.86 million; however, there is approximately $5.6 million available in FY 2023-2024 to renew grant applications for FY 2021-2022 and FY 2022-2023 grantees and award funds to new grantees in FY 2023-2024 (based on the 3% General Fund allocation per the Richmond Charter, Article 15).

The Richmond Fund for Children and Youth
On June 5, 2018, Richmond voters approved Measures E and K, known as the Richmond Kids First Initiative, which approved a City of Richmond charter amendment (Article 15) to:
 Create a Richmond Department of Children and Youth (RDCY),  Establish the Richmond Fund for Children and Youth (Fund) which requires that a portion of the City’s General Fund be set aside to fund youth programs and services,  Establish a 15-member Oversight Board,
 Conduct a Community Needs Assessment (CNA), and
 Develop a three-year Strategic Investment Plan (SIP) which guides a 3-year grant-making process.

Per the ballot measure’s Statement of Purpose, “Children, youth and young adults under the age of 24 comprise approximately 35% of the City of Richmond’s overall population, and young people in Richmond experience extremely high rates of violence, trauma, poor health and social outcomes, and stress.”
Richmond and North Richmond’s children and young people demand consistent and equitable access to healthy, safe, supportive, and inspiring environments at home and in community to foster their learning, growth, empowerment, and fulfillment. 1044
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 6 The Fund was set up to provide a dedicated funding source to help address some of the issues facing Richmond’s young people and will be maintained separate and apart from all other City funds. At the time of the City’s budget adoption, the City is required to set aside a portion of the annual actual unrestricted general purpose revenues to be transferred in the amounts specified below:
 For Fiscal Year 2021-2022, set aside for the Fund is an amount equal to one percent (1%) of the City’s annual actual unrestricted general purpose revenues  For Fiscal Year 2022-2023, set aside for the Fund is an amount equal to two percent (2%) of the City’s annual actual unrestricted general purpose revenues  For Fiscal Year 2023-2024, and each fiscal year thereafter through Fiscal Year 2027-2028, set aside for the Fund is an amount equal to three percent (3%) of the City’s annual actual unrestricted general purpose revenues
The Fund aims to support programs that focus on community-based initiatives and interventions that improve the community institutions and environments that our children and young people interact with and navigate daily.

Goals of the Richmond Fund for Children and Youth
Per the Charter, the Fund will support services for young people that fulfill the following goals:
 To ensure that Richmond’s children, youth, and young adults are physically, emotionally, mentally, and socially healthy, educated, successful in school, and live in stable safe and supported families and communities
 To increase safety for children, youth, young adults, their parents/guardians, families and the communities in which they live by preventing problems and enhancing the strengths of children, youth, young adults and their families
 To ensure young people are provided with gender responsive, trauma-informed, population specific and culturally competent services
 To strengthen collaboration among public agencies and community-based organizations around shared outcomes among all service providers for children, youth, young adults and their parents/guardians
 To ensure an equitable distribution of resources to all of Richmond’s young people in recognition of the importance of investment in their futures from birth through young adulthood
 To fill gaps in services and leverage other resources whenever feasible More information is available online from the Richmond Fund for Children and Youth website at www.richmondyouth.org.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 7 Richmond Department of Children and Youth (RDCY)
The purpose of the Department is to facilitate the allocation of funds for youth-serving organizations by administering an open and fair application process that is in compliance with the policies adopted by the RFCY Oversight Board. Furthermore, RDCY supports the Oversight Board in the development of a Strategic Investment Plan and conducts a community needs assessment.

RDCY roles and responsibilities include but are not limited to:
 Administrator: Administering the grant program in alignment with Measures E & K and Oversight Board direction
 Advocate: Working to advocate for services and adequate funding for children and youth supported by this Fund
 Collaborator: Collaborating with various governmental, faith-based, community-based organizations, and philanthropy to support work in the community and ensure that children and youth needs are met
 Convener: Holding space for City interdepartmental meetings, as well as cross-entity meetings to discuss service delivery, opportunities for collaboration, etc.  Evaluator: Developing and implementing a process to evaluate and/or support the evaluation of grantees, the grant process, collaborative work with other entities, and the program. RDCY will help collect and analyze meaningful data and use the evaluation process to document the collective impact of the Fund.
 Funder: Developing and administering the grant program in alignment with the Community Needs Assessment and Strategic Investment Plan  Supporter: Providing support to the Oversight Board (e.g., assist with recruitment, retention, development, training, agenda setting, meeting facilitation, etc.) 1046
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 8 Community Needs Assessment (CNA) Guiding Principles
RDCY staff initiated a needs assessment and strategic planning process in 2020 that sought to honor community voice, and include a diverse range of youth and adults in order to develop a comprehensive, equitable investment plan that reflects community vision. The City committed to guiding principles for creating both the Community Needs Assessment (CNA) and the Strategic Investment Plan (SIP) as follows:

LEARNING QUESTIONS
The following guiding learning questions were developed to focus the CNA effort:
 What is working? What are the key assets for children, youth, and their families in Richmond and North Richmond?
 How are resources and services that support youth currently dispersed? What are the gaps?
 What are the barriers to accessing current and future services?  What resources do families in Richmond and North Richmond need to thrive?  Which families need these resources the most?
 What are the needs of the most hard-to-reach groups?
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 9 Funding Allocations Available by RFCY 2021‐2024 Strategies The following chart provides a summary of projected allocations for all priority areas, based on an estimated $5.6 million in total available grant funding for FY 2023-2024. For more comprehensive strategy summaries and guidelines, please refer to the Priority Areas for FY2021-2024 section of the RFP and the 2021-2024 Strategic Investment Plan, which can be found on RFCY’s website (www.richmondyouth.org).

Estimated % of
Total Funds
Priority Area 1:  20%
Behavioral Health: Mental Health and Wellness ($372,000) Priority Area 2:  20%
Education Support and Employment/Training Support  ($372,000) Priority Area 3:  20%
Out of School, After‐School, Sports and Enrichment ($372,000) Priority Area 4:  20%
Youth Violence Prevention ($372,000)
Priority Area 5:  10%
Access to Basic Needs ($186,000)
Priority Area 6:  10%
Information, Guidance, and Case Management ($186,000)
Total Estimated Funding in FY 2023‐2024:  $1.86
Million
Once grant award decisions are finalized, the allocation amounts, as shown above, may vary slightly depending upon the type and number of grant applications submitted and grants awarded in each priority area. Also, it is important to note that per the Charter, any change in an approved SIP, which could include the priority areas and allocations, shall be based on the community needs assessment and input from the community. 1048
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 10 II. Application Process
Eligibility
Entities eligible to receive funding shall be public agencies and non-profit community-based organizations, including organizations with a non-profit fiscal agent, that serve children, youth and disconnected transitional-aged young adults. For-profit agencies are not eligible for funding. An applicant that is a community-based organization must be tax-exempt under section 501(c)(3) of the Internal Revenue Code.

Location: Entities eligible to receive funding include those (1) located outside but in close proximity (approximately 15 mile radius) to Richmond to the extent that those entities serve children, youth and disconnected transitional-aged young adults who reside in Richmond or unincorporated North Richmond, and (2) located in Richmond or unincorporated North Richmond that serve children, youth, and disconnected transitional-aged young adults in Richmond or unincorporated North Richmond, regardless of the residence of the children or youth.

Collaboration: Article 15, Section 5b of the Charter states that the Fund shall not fund the following services or types of expenditures: services provided by the West Contra Costa Unified School District, Richmond libraries, Office of Neighborhood Safety, Richmond Promise College Scholarship Program, Richmond Housing Authority and Youth Works, except for collaborations between the above mentioned entities and community-based organizations and programs that meet the goals and eligible uses of the Fund.

Collaboration Definition:

For the purposes of this RFP, collaboration between the entities listed in Article 15, Section 5b of the Charter (entities)1
and a community-based organization (CBO) is defined as
cooperation between the entity and the CBO that includes at least one of the following activities: (1) seeking input from the CBO on how services provided can best respond to community needs (e.g. needs of children, youth, and young adults) OR (2) working together to plan or coordinate services. Collaboration can include, but does not require the joint delivery of services or a formalized agreement. The nature of the collaboration can be described in the entity’s application for funding and does not require a joint application between the entity and the CBO.

Youth Voice: It is expected that eligible organizations that apply for funding will clearly demonstrate how youth voice, perspective, and input is central in the proposed program design, development, outreach, and/or implementation.
1 Entities included in Article 15, Section 5b include West Contra Costa Unified School District, Richmond libraries, Office of Neighborhood Safety, Richmond Promise College Scholarship Program, Richmond Housing Authority and Richmond YouthWORKS.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 11 FISCAL SPONSORS
Organizations (other than public agencies) that do not have 501(c)(3) status must apply using a fiscal sponsor. In this case, the fiscal sponsor is the applicant and, if a grant is awarded, would be the organization that contracts with the City of Richmond and is legally liable for all aspects of the contract including program implementation, fiscal management, and communication with the City regarding subgrantee or fiscal partner activities.

The fiscal sponsor would be expected and authorized to oversee and manage all aspects of the contract including finances and to monitor and ensure implementation of program activities of contracted or collaborating agencies. An eligible public agency must apply on its own behalf and may not use a fiscal sponsor.

USE OF FUNDS
The City shall only use monies from the Fund for services provided to:
 Children (birth to 12) and youth (ages 13 to 17) and their caregivers,  Disconnected transitional-aged young adults (ages 18 to 24 years) who are most impacted by harm, inequity and lack of access to support and services and, when relevant, their caregivers, or
 As part of programs that predominantly serve children, youth and disconnected transitional-aged young adults within those ages and their caregivers.

The populations that are prioritized by the Fund included but are not limited to:
 System-involved young people;
 Young people who have been pushed out of school;
 Young people who themselves or whose families are homeless or threatened by homelessness;
 Young people living in poverty;
 Immigrant and undocumented children, youth and families;  Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) children, youth and families;  Teen parents and families, including single mothers;
 Young people with poor physical, mental, emotional and behavioral health outcomes and disabilities;
 Families with children and youth who are impacted by the criminal justice system and/or who have family members who are incarcerated; and/or  Families with children and youth who are involved in or transitioning from the foster care, juvenile justice, criminal justice or special education systems.

Funds may NOT be used for:
a. Services provided by the Police Department, Sheriff, other law enforcement agencies, Courts, District Attorney, Public Defender, City Attorney or Fire Department; detention or probation services mandated by state or federal law; or public transportation, except to the extent that transportation may be needed to access eligible services supported by the Fund;
b. Services provided by the West Contra Costa Unified School District, Richmond libraries, 1050
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 12 Office of Neighborhood Safety, Richmond Promise College Scholarship Program, Richmond Housing Authority and YouthWORKS, except for collaborations between the above-mentioned entities and community-based organizations and programs that meet the goals and eligible uses of the Fund (see Eligibility section for definition of collaboration – entities listed in this section can apply as a collaborative or single entity as long as the definition of collaboration is met);
c. Any service that primarily benefits adults over 24 years; d. Any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure; e. Acquisition of any capital item not for primary and direct use by children or youth; acquisition, other than by lease for a term of ten years or less, of any real property; or maintenance, utilities or any similar operating costs of any facility not used primarily and directly by children or youth, or of any recreation or park facility, library, or hospital;
f. Capital expenditures for housing, or rent subsidies; g. Primary and specialized medical and direct mental health services; however, prevention, education, and other behavioral and mental health support services are eligible for funding;
h. Income supports that supplant state or federal benefits or post-secondary tuition assistance;
i. Political campaigning or lobbying;
j. Subsidization of existing contracts;
k. Repayment of existing debt or pre-existing tax liens or obligations; l. Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated group);
m. Legal, loan, or bank fees;
n. A project or program which is clearly intended for commercial gain; o. A project or program that occurs before or after the grant award period; or p. For businesses established for personal benefit or profit.

TYPE OF APPLICANTS
Small and Emerging Applicants
The Small and Emerging designation focuses on smaller organizations and assists grass root organizations to be funded by RFCY. Organizations in this category may have recently received their 501(c)(3) status, after having been fiscally sponsored. If the organization does not have 501(c)(3) status, it must apply using a fiscal sponsor. If the organization has 501(c)(3) status, it may still choose to use a fiscal sponsor.

If the organizational budget is under $250,000 in the current or most recent fiscal/calendar year, not including the RFCY grant request, an organization must identify/apply as a Small and Emerging Applicant. RFCY staff will utilize audited or reviewed financials, 990s and/or 990Ns, and/or income statements to confirm the applicant’s budget for placement in this category. If an organization utilizes a fiscal sponsor, the fiscal sponsor budget will not be used to determine the 1051
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 13 proper designation. However, the City will still enter into the grant agreement with the fiscal sponsor in the event a grant is awarded.

Entities listed in Article 15, Section 5b of the Charter may apply as a single entity in this category as long as they demonstrate that they have met the definition of collaboration as defined in this RFP (see Eligibility section, page 10).

Single Agency Applicant
A Single Agency Applicant is one agency applying for RFCY funding. This applicant is also referred to as the lead agency and will be the agency that contracts with the City of Richmond.

Applicants in this category have an organizational budget over $250,000, not including the RFCY grant request. RFCY staff will utilize financial documents to confirm the applicant’s budget for placement in this category.

Entities listed in Article 15, Section 5b of the Charter may apply as a single entity in this category as long as they demonstrate that they have met the definition of collaboration as defined in this RFP (see Eligibility section, page 10).

Collaborative Applicants
Through this grant program, the City strongly encourages applicants to collaborate with other organizations. Collaboration is a mutually beneficial relationship to meet a common goal.

Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies. RFCY strongly encourages collaboration between nonprofit and public entities to create and sustain collaborations that maximize the cost-effectiveness and quality of service delivery.

A Collaborative Applicant must consist of two or more agencies, each contributing substantially toward a mutual goal, where at least two of the agencies are proposing to receive RFCY funds.

Substantial participation includes providing direct services, and/or planning and coordinating services, and/or having equal collaboration in decision making around program design and/or implementation. No one agency should receive more than eighty percent (80%) of the funding.

When completing budget documents, please make clear how funding will be allocated between collaborating organizations.

The lead agency of a Collaborative will be the agency that contracts with the City of Richmond.

Collaboratives must choose a lead agency that has the fiscal and management capacity to support the other collaborating organization by issuing payments in a timely and professional manner. All collaborative organizations of a collaborative must have the capacity to provide services as presented in the proposal.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 14 The Collaborative should examine how the involvement of other collaborating organizations will be best coordinated within the model. RFCY will not consider lead agencies that act simply as a fiscal pass through. All agencies, schools, and/or program sites must be active parts of program implementation.

Entities listed in Article 15, Section 5b of the Charter may apply as part of a Collaborative applicant in this category.

NUMBER OF APPLICATIONS
Understanding that entities are diverse in their program offerings, an entity can submit more than one (1) but no more than three (3) proposals as a lead agency requesting funding, as long as the proposals are requesting funding for programming that is substantially different.

Substantially different programming is defined as having a different priority area OR program design OR staffing OR program location OR target population receiving services.

Applicants may submit separate proposals for their own program and be part of a Collaborative proposal as long as the proposals are substantially different. Applicants may not receive funds as a single agency and as part of a Collaborative for the same program. Applicants may submit substantially different proposals within the same priority area.

Applicants may not submit the same proposal more than one time to different RFCY priority areas. Select the most appropriate priority area that best aligns to your program and submit only one request proposal for the proposed program.

Please note that the reviewers will look closely at and/or take into consideration the ratio between your organization’s total requests and your organization’s overall current year budget when determining grant awards. It is STRONGLY recommended that organizations do not submit grant requests that equate to more than 40% of their overall organizational budget.

Public agencies are able to submit separate proposals per department and/or division, as long as the departments and/or divisions are substantially different in the services that they provide to the community and have separate and distinct budgets.

Special Note: Entities listed in Article 15, Section 5b of the Charter may apply as a Collaborative Applicant with a formalized agreement AND may also apply as a single agency in which they demonstrate collaboration between their organization and a community-based organization (no formalized agreement required).

These entities include West Contra Costa Unified School District, Richmond libraries, Office of Neighborhood Safety, Richmond Promise College Scholarship Program, Richmond Housing Authority, Richmond YouthWORKS.

Special Note: If City Richmond Department(s) and/or Division(s) are awarded grants, the proposed program and funding award must meet the requirements as set forth in Article 15 of Section 5(J) and Section 6 of the City of Richmond Charter. 1053
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 15 Funding Amounts

FUNDING PARAMETERS
Each grant award amount will depend on the frequency of service, the amount of service, the number of service sites, the number of children and families served, the proposed staffing, and the range and depth of expertise provided. Please use the following funding parameters as a guide to determine how much funding is appropriate and allowed.

Small and Emerging Applicants
 A Small and Emerging applicant may apply for between $30,000 and $100,000.  No more than 20% may be allocated to indirect costs, calculated as a percentage of the total grant request.
 Agencies may submit more than one grant request. However, Small and Emerging Applicants are advised to limit their total and/or combined RFCY requests to no more than 40% of their current year overall organizational budget excluding current RFCY funding request(s).

Single Agency Applicant
 Single agency applicants may apply for between $40,000 and $150,000.  No more than 20% may be allocated to indirect costs, calculated as a percentage of the total grant request.
 Agencies may submit more than one grant request. However, Single Agency Applicants are advised to limit their total and/or combined RFCY request(s) to no more than 40% of their current year overall organizational budget excluding current RFCY funding request(s).

Collaborative Applicant
 Collaboratives may apply for between $50,000 and $200,000.  No more than 20% may be allocated to indirect costs, calculated as a percentage of the total grant request.
 Agencies may submit more than one grant request. However, Collaboratives are advised to limit their total and/or combined RFCY request(s) to no more than 40% of the lead agency’s current year overall organizational budgets excluding current RFCY funding request(s).

Example: A Small and Emerging organization with an annual budget of $200,000 could request one or more grants for a maximum RFCY award of $80,000.

Example: A Single Agency organization with an annual budget of $420,000 or more could request one or more grants for a maximum RFCY award of $168,000.

Example: A lead agency in a Collaborative with an annual budget of $570,000 or more could request one of more grants for a maximum RFCY award of $228,000. 1054
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 16 SUMMARY TABLE BY APPLICATION TYPE
Small and Emerging
(Budgets under $250,000)
Single Agency
(Budgets over $250,000) Collaboratives
Minimum
Grant
Request
$30,000 $40,000 $50,000
Maximum
Grant
Request
$100,000 $150,000 $200,000
Maximum Award per
Organizational
across all application
areas2
$100,000 $150,000
Maximum
Indirect
Rate
20% 20% 20%
Minimum
Match
Requirement
15%
of RFCY grant request
15%
of RFCY grant request
15%
of RFCY grant request
Financial Statements See Information and Requirements Below Financial Statements
All financial statements (i.e., audited/reviewed financials or 990s/990Ns or income statements) must be from no later than 2018. If an applicant is a public agency, other than the City of Richmond, the applicant must submit proof of the existence of an independent audit. If applying with a fiscal sponsor, the applicant must submit the fiscal sponsor’s financial statements.

If your agency is in the process of obtaining your audited OR reviewed financial statements, but the audit and financial statements will not be complete before the grant deadline, you will be able to submit proof of a contract with a Certified Public Accountant as part of your application submission. In the Agency and Proposal Information section of the proposal, provide a copy of your contract or engagement letter with a CPA as proof that an audit of your agency will be conducted, and include the expected date of completion as part of proof. All audited financial statements must be completed and delivered to RDCY by June 30, 2024 (electronic copy via email to [email protected]).
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 17 2
This is a recommended amount and the Review Committee may consider the amount of funding received by organizations across priority areas.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 18 MATCHING FUNDS
1) Matching Funds refers to all program funding above the RFCY award that are necessary to provide the services at the proposed levels. Proposals must demonstrate, and if awarded will be held accountable for, raising and documenting funding that equals at least 15% of the RFCY grant award as a program match. This 15% match of RFCY program funding must be a cash or in-kind match that supports the proposed program. 2) Grantees may NOT use one RFCY grant as a match for another.

FUNDING PERIOD
This RFP represents a three-year grant cycle. The initial contract is for a one-year period (July 1, 2021, through June 30, 2022) with the option to renew for two additional one-year periods based on available grant funds, satisfactory evaluation, grant monitoring reports, and overall grant performance. The second and third grant period will run from July 1, 2022, through June 30, 2023; and from July 1, 2023, through June 30, 2024. Selected applicants will not receive their first disbursement of funds until they submit all required contract documents. After all contract documents are received it takes approximately 6-8 weeks before the contract is executed.

Example: An organization is seeking $100,000 from RFCY to run a youth program. If awarded a $100,000 grant from RFCY, the organization would be held accountable for raising and documenting a minimum of 15% match of the grant award amount, which is $15,000. 1057
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 19 Applying for Funding

COMPLETING YOUR PROPOSAL
The RFCY application process is entirely online and must be completed and submitted through the online application system to be considered for funding. The online application will consist of the following elements:
1) Agency and Proposal Information
2) Proposal Narrative
3) Budget
4) Required Documents
5) Proposal Submission and Acknowledgement
The Proposal Instructions section will provide detailed instructions on completing the application, and the additional submission of forms required by the City of Richmond – Richmond Fund for Children and Youth. Be sure to read these instructions carefully.

Contact RDCY staff at [email protected] for all technical issues and questions regarding the online application system.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 20 Pre‐Proposal Meetings, Training, & Technical Assistance

PRE-PROPOSAL MEETINGS (BIDDERS CONFERENCES)
To provide general information and guidance to all potential applicants, RFCY will hold two virtual Pre-Proposal Meetings (Bidders’ Conferences). All potential applicants are strongly encouraged to attend one of the two pre-proposal meetings. A video of the pre-proposal meeting will be available on the RFCY grants webpage at www.ci.richmond.ca.us/RFCYGrants. The current dates and times are:
 Tuesday, January 17, 2023, from 6:00 p.m. to 7:30 p.m.

Friday, January 27, 2023, from 11:00 a.m. to 12:30 p.m.

OPPORTUNITY TO SUBMIT QUESTIONS AND GENERAL TECHNICAL ASSISTANCE BY EMAIL
General Technical Assistance (TA) and/or submission of general questions by e-mail begins January 3rd , 2023, and concludes January 20, 2023, at 5:00 p.m. E-mail TA and/or general questions to RDCY staff at [email protected]. Staff will answer questions about eligibility, funding parameters, and required information and documents for online submission. The assistance is not intended to provide professional advice on program design, feasibility, or other program development and implementation issues.

This TA is provided by email only. Frequently Asked Questions will be publicly posted to the RFCY webpage by 5:00 p.m. on January 30, 2023. No phone or in-person technical assistance will be provided. RDCY staff will aim to provide a response to the TA Request within two (2) business days.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 21 Important Dates
These dates are tentative and subject to change:

Date
Request for Proposals (RFP) Released January 3, 2023
Pre-Proposal Meetings
Virtual/Video Conferencing
Tuesday, January 17, 2023
6:00 p.m. to 7:30 a.m.

Friday, January 27, 2023
11:00 a.m. to 12:30 p.m.

Questions Due by E-mail January 20, 2023, 5:00 p.m.

Frequently Asked Questions Published January 30, 2023, 5:00 p.m.

Online Proposals Due
Monday, February 13, 2023, by 2:00
p.m. An online receipt will be produced in
the form of an email upon submission.

Proposals submitted after the deadline will
not be considered for review.

Oversight Board and City Council Approves
Recommendations for Funding May 2023
Contracting and Negotiations Begins June 2023
Program Year July 1, 2023 – June 30, 2024
Additional RFCY Resources
The following documents can be found on the RFCY website at www.ci.richmond.ca.us/RFCYGrants
 RFCY 2020 Community Needs Assessment
 RFCY 2021-2024 Strategic Investment Plan
 RFCY Contract Documents
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 22 III. Funding Priority Areas for FY 2021‐2024
The Community Needs Assessment (CNA) process provided an overview of current data and findings related to children, youth, and their families in Richmond, and North Richmond, California – specifically as related to the focus of the Richmond Fund for Children and Youth.

Community input was gathered through focus groups and interviews with youth, parents/guardians and providers, surveys, forums, and the review of multiple reports and secondary data resources. The CNA, which guided the development of the Strategic Investment Plan (SIP), identified six priority areas for investment. Priorities were identified by synthesizing these data sources and surfacing issues that were raised across multiple groups and subgroups and within the framework of the legislation informing the Richmond Kids First Initiative.

The six priority areas were then assigned a percentage allocation based on considerations of the urgency of the need and potential for equity impact. The priority areas, not listed in order of importance, are as follows:

PRIORITY AREAS
Estimated % of
Total Funds

1. Behavioral Health: Mental Health and Wellness 20% = $372,000

2. Education Support and Employment/Training Support 20% = $372,000

3. Out of School Time, After-School, Sports, and Enrichment 20% = $372,000

4. Youth Violence Prevention 20% = $372,000

5. Access to Basic Needs 10% = $186,000

6. Information, Guidance and Case Management 10% = $186,000 Total Estimated Funding in FY 2023-24 100% = $1.86M
The approved SIP will guide RDCY’s three-year grant cycle between 2021 and 2024. The third round of grant funding for Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024) is estimated to total approximately $1.86 million (based on the City’s Fiscal Year 2022-23 revenue amounts).

Estimated funding is approximate for the priority areas.

Cross-Strategy Approaches
The SIP provides further information related to these priorities and begins to detail options regarding programming, approaches and populations that will benefit from investment. There were also several approaches identified related to programming that could cross several of the six inter-related priority areas identified above. These cross-cutting approaches include but are not limited to:
 Trauma informed programming
 Healing
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 23  Caring adults participating in the lives of youth
 Trusting relationships with providers
 Meeting children and youth where they are (e.g., school or neighborhood)  “Push in” supports rather than “opt in” supports for those hard to reach (e.g. reaching out to our most marginalized students)
 Valuing and recognizing identity while building belonging  Staffing programs with individuals with lived experience or cultural fluency who can effectively engage youth – “Have staff who can not only represent a culture but can be restorative and beneficial to the culture”
 Providing culturally competent programming and services which reflect the diversity of Richmond and North Richmond
 Improving translation and language equity
 Improving access by robustly sharing information out to the community  Equity in place
 Including and valuing youth voice in the design and implementation of programming There are numerous options for programmatic strategies identified under each priority, and it is likely that not all of them will be proposed or funded in this initial year of the Fund. RDCY is committed to using an equity perspective in its grant programs to ensure that the Fund fills gaps in services, provides resources to those populations that have been identified as underresourced, and strategically contributes to meaningful results for children and youth.

Tip: The six priority areas that will be funded through this RFP process are listed in detail in the following section and additional information can be found in the RFCY Strategic Investment Plan at www.richmondyouth.org.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 24 Mental Health and wellness for Richmond and North Richmond children and youth clearly stood out in the Community Needs Assessment. The community has identified stress and trauma as an issue for children and youth in the community. Given the many health stressors in the community, there are children at risk of mental health and developmental impact given their exposure to “adverse childhood experiences.” At the same time, youth expressed that they have experienced depression. Programs that support mental health and wellness and that address mental health needs will help Richmond and North Richmond children and youth to thrive.

Included in this priority is mental health education which will be targeted toward reducing stigma and increasing understanding of mental health and wellness issues.

The issue of mental health and well-being was a concern across all of the focus groups that were conducted. This is particularly true for Black and Latinx residents who are disproportionately exposed to violence leading to long-term impacts on health and well-being. Trauma-informed programming, as well as behavioral and mental health programs, emerged as a significant need for children, youth, and families along with the need for that programming to consider the rich diversity of residents, many of whom have are experiencing the trauma of the constant threat of family deportation, violence in the community, discrimination and more. Also, the need for culturally fluent approaches is central to filling this gap as many of Richmond and North Richmond’s children, youth, and families come from non-western cultures where there may be barriers and stigma attached to western approaches to mental health and wellness programming.

Options for Supported Programming
 Integrate behavioral health strategies into programming that support mental health and wellness
 Provide a “safe space” and support mental health along with social and emotional wellbeing for young children and youth  Provide supportive relationships, including counseling and support for children and youth
 Strengthen school-based and group programming (e.g., anxiety or anger management)  Diversify access (e.g., by opening access to short-term needs and those not being served)
 Address trauma and support healing skills
 Behavioral and mental health education for children, youth, and families; build access and openness to receiving support
Priority 1: Support Behavioral Health: Mental Health and Wellness for Children and Youth
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 25 Priority Populations
 Disconnected youth
 Young people who themselves are homeless, or whose families are homeless or threatened by homelessness
 Young people living in poverty
 Immigrant and undocumented children and youth
 LGBTQ+ children, youth, and families
 Youth who have experienced trauma
 Young people with poor physical, mental, emotional, and behavioral health outcomes Desired Results
 Increased access to mental or behavioral health programs and services (Indicator:
number of unique and new participants)
 Decreased stigma about receiving mental health services  Reduced reliance on substances to deal with mental and behavioral health issues  Increased awareness of available mental or behavioral health services 1064
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 26 Richmond and North Richmond youth participating in the Community Needs Assessment consistently expressed the desire to be successful in school and go on to college or employment. In the 2019 Richmond Community Survey, residents were asked what areas the City should prioritize in order to best support young people in Richmond. Education and Job Training received the highest response rate with 82% of respondents (308 responses) selecting this as a priority1
.

In the Community Needs Assessment, participants also identified the need for programs that support children and youth along their journey toward educational success, college, career, and employment. These needs emerged across surveys, focus groups, forums, and other sources.

Richmond and North Richmond children and youth want the chance to excel in school and career. There was a strong desire for more tutoring, broader college access programs, and extra support for those who may be struggling with a range of barriers such as transitional age youth (TAY) or new immigrants arriving as unaccompanied minor children. The latter is also an example of a group that needs accelerated or intensive language learning support.

Many older youth participants wanted support in moving toward employment and identified the need to learn more about employment requirements and career options via mentoring, internships, and, in some cases, job skills training as key to their success.

It is also notable that reliable access to resources such as high-speed internet and computer equipment, such as tablets, has become even more important in the current distance learning environment. Participants often pointed to disparities between nearby, wealthier districts outside of Richmond and North Richmond that are better resourced and have programs, tools, and infrastructure that allow for students to excel.

Options for Supported Programming
 Programs that improve educational outcomes for high-need young children  Targeted educational support (e.g., tutoring, language, homework assistance) for children and youth facing multiple challenges in moving forward to post-secondary education and employment (e.g., populations such as unaccompanied minor immigrants, system involved youth, or very low-income students)  Career and college exposure at earlier ages (e.g., middle school programs)  Internships to provide experience, skill building and exposure for youth 1 National Research Center and ICMA, The National Community Survey, Richmond, CA Technical Appendices, 2019 Priority  2:  Provide  Education  Support  and  Employment/Training  Support  so that Youth Can Move to College and Career
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 27  Outreach and strategies directed to disconnected youth and systems-impacted youth who are not engaged in community programming
 Expand access to West Contra Costa Unified School District (WCCUSD) career readiness resources to students not in pathways
Priority populations
 Youth of color
 System involved young people and transitional-age youth (TAY)  Disconnected youth
 Young people who themselves are homeless, or whose families are homeless or threatened by homelessness
 Socioeconomically disadvantaged children and young people  Immigrant and undocumented children and youth
 Students with disabilities
 Youth from under-resourced neighborhoods (e.g., North Richmond, Iron Triangle) Desired Results
Education Support
 Increased access to early learning
 Kindergarten readiness
 Improved third grade reading levels
 Improved school attendance
 Improved High School graduation rates
 College entry and success rates
 Reduction in chronic absenteeism
 Black and Latinx college enrollment and persistence
Employment
 Increased numbers of youth with work experience opportunities  Increased numbers of youth accessing career and college  Increased knowledge of programs
 Increase in earnings/income for youth and young adults 1066
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 28 This strategy builds on and expands available out-of-school and afterschool programming.

Participation in afterschool and out-of-school programs is linked to better academic outcomes.

For Richmond and North Richmond’s priority populations, targeted afterschool programming could improve their chances of completion and success in school as well as their connection to caring adults. Programs must be provided in a safe space with safe access for students.

Low-cost or no-cost out-of-school and after-school sports and enrichment programming scored high as both desired and needed for youth to thrive across groups. Sports were a popular suggestion as were outdoor activities such as gardening and hiking. The arts (music, dance, visual arts were all mentioned) were very often mixed in with responses to sports but were also often singled out as highly desirable. This is in addition to culturally relevant arts and other programming to help them to build awareness, strengthen self-esteem, and create a sense of belonging. Some groups stated there were few or no respectful and safe spaces to be with others like them. Existing after-school resources should be leveraged so that funding from the Fund could bring in those not participating and engage students who have barriers to participation.

Options for Supported Programming
● Programming that meets specific needs of children and youth at their age and stage ● Support youth voice to support diverse programming for students in later grades to develop their strengths and interests
● Free or very low-cost programming
● Funding to also engage parents to understand barriers to participation ● Enrichment programming (e.g., music & arts, science & technology, sports & recreation) ● Culturally relevant and fluent programming
● Academic support such as tutoring, homework support, etc. ● Outdoor programming
● Accessible programming for students with disabilities ● Youth development and leadership opportunities for positive youth engagement Priority Populations
This could include all of the priority populations and programs should be targeted toward including these hard to reach/underserved groups:
● Young people living in poverty
● Immigrant and undocumented children and youth
● Young people with poor physical, mental, emotional, and behavioral health outcomes Priority 3: Support Out‐of‐School Time, After‐school, Sports and Enrichment
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 29 ● Children with disabilities
● Students experiencing homelessness
● Students who are not engaged in out-of-school extracurricular activities ● Students at schools with high levels of free and reduced lunch ● Students in very high need locations
Desired Results
 Expanded access to out-of-school, after-school, sports, and enrichment programming (Indicator: number and demographics of unique participants)  Increased learning opportunities year round
 Increased and more diverse offerings of culturally relevant programming  Increase in caring adult relationships
 Increased number of hours of academic support provided  Increased number of no-cost or low-cost/fully subsidized programs  Improved attendance
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 30 Priority 4: Expand Youth Violence Prevention Efforts Violence in the community came up as a barrier to participation and even as a significant barrier to everyday activity for priority populations. Violence manifests itself in many forms including gun violence, domestic violence, and more. In the focus groups, youth stated they could not go to many places in Richmond and North Richmond out of fear and that they were frequently uncomfortable to go out with groups of friends when one of them did not feel safe in a particular neighborhood. Others participating in the needs assessment spoke of witnessing violence or dangerous spots in their neighborhood. Bullying is also a concern for children. In addition, some participants also reported the fear of gender-based violence as a barrier to movement and participation in the community.

The 2019 Richmond Community Survey asked residents what areas the City should prioritize in order to best support young people in Richmond. Violence prevention and response received the second highest response rate with 73% of respondents (275 responses) selecting this as a priority2
. Other plans and reports including the 2019 Kaiser Community Health Needs Assessment and the North Richmond Quality of Life Plan also identified community safety as a priority.

Options for Supported programming
 Programs supporting healthy development for children
 Mentorship and other programs for youth that feature a caring adult  Programs that support connection to after-school activities and reduce exposure to community risks
 Programs outside of school
 Peer-to-peer groups
 Whole family/parent support
 Anti-bullying programs
 Programs focusing on African American and Latino/Latinx youth  Youth skills programs: non-violent coping and communication skills  Street outreach and community norm changes
 Support for families experiencing domestic violence
 Access to programs that are “close to home” or that provide safety support or community travel support that reduces risk of violence for youth (e.g., transportation vouchers or programs located next to public transportation) Priority populations
 African American youth
 Latino/Latinx youth
2 National Research Center and ICMA, The National Community Survey, Richmond, CA Technical Appendices, 2019 1069
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 31  System-involved young people
 Young people who have been pushed out-of-school
 Young people living in poverty
 Children and youth who are impacted by the criminal justice system and/or who have family members who are incarcerated
Desired Results
 Reduction in the number of youths involved in criminal activity  Reduction in the numbers of youth homicides for those under 24 years of age  Reduction in the numbers of youth that perpetrate violence  Increase in the number of students who feel safe at school  Reduction in bullying
 Reduction in the number of children and youth that witness violence  Increase in services that support whole-family violence prevention 1070
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 32 Priority 5: Strengthen Access to Basic Needs
The Community Needs Assessment identified that many Richmond and North Richmond children, youth, and their families were struggling and needed support with meeting one or more of their basic needs (e.g., housing, food, medicine, utilities, and transportation) for their families. For homeless participants, housing and wraparound support was identified. For transitional age youth, the need for assistance in supporting their own household after they turned 18 was mentioned. For immigrant children, the need for financial support for families who were often barred from working full-time was mentioned. Justice-involved youth suggested that they needed access to support that they said was often contingent on having been in Juvenile Hall. For some parents and youth who wanted to access particular programs, transportation was identified as a barrier.

Given that this planning work was conducted during the COVID-19 pandemic, basic needs issues were heightened beyond the norm. It is widely expected that many families will face ongoing economic hardship as the pandemic wanes and the economy moves toward recovery.

Options for Supported Programming
 Childcare support including childcare to provide relief to youth caring for siblings or parenting youth
 Meal and nutrition support
 Rental support
 Navigation of available basic needs resources
 Support for family resource centers
 Support for families with barriers to access
 Expanded homelessness prevention resources to identify and support children and youth at risk of homelessness in Richmond and North Richmond
 Support for children and youth experiencing homelessness including coordination between outreach workers, after-school providers, schools, and shelter/housing resources
Priority Populations
 Young people who themselves are homeless, or whose families are homeless or threatened by homelessness
 Young people living in poverty
 Immigrant and undocumented children and youth
 Teen parents and families, including single mothers
 Families with children and youth who are involved in or transitioning from the foster care, juvenile justice, criminal justice, or special education systems 1071
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 33 Desired Results
 Fewer children, youth and their families will experience homelessness in Richmond and North Richmond
 Increased housing security
 Increased access to childcare
 Increased food security
 Increased access to services by mitigating financial or resource barriers  Improved transportation to service locations
 Increased access to high-speed internet and Wi-Fi
 Decreased rates of poverty in Richmond and North Richmond, particularly for households of color
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 34 For children, youth, and families, there were a number of voices across the spectrum of youth residents that reported on how difficult it is to navigate the Richmond and North Richmond environment of youth services. Almost all community engagement activities during the Community Needs Assessment identified the need for support that would assist community members in understanding what resources were out there and whether they qualified to access them. Many of those surveyed said they did not access services because they did not know about them.

Young people expressed the need for help, including coaching or case management, in navigating the turn toward independence or the journey to college success. Case management, or at the very least, guidance from a caring adult, is needed so that children, youth, and their families can understand and access the services available. Parents and guardians need more support with understanding what was offered and how to make the best use of these programs and services for their children. Information and case management was also mentioned as critical to individuals experiencing homelessness that were in need of successfully regaining housing.

This information needs to be in multiple languages with extra effort to reach marginalized children, youth, and their families.

Options for Supported programming
 Fund the creation and hosting of an inclusive web resource that can provide robust information on children and youth programming in multiple languages  Fund navigation support or case management for children, youth and their families who face complex challenges
 Support mentorship and guidance that helps disadvantaged children and youth with understanding and accessing resources that will move them forward on their path toward college and/or employment
 Social media strategies and outreach
 Provide resources and capacity for guidance and case management in programming for those who most need it
 Make sure that staff providing guidance and case management reflects the diversity of the clients
Priority 6: Strengthen Access to Guidance and Information about Resources Available for Children and Youth
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 35 Priority populations
This priority will support children and youth across Richmond and North Richmond inclusive of all priority populations.
 System-involved young people
 Young people who have been pushed out-of-school
 Young people who themselves are homeless, or whose families are homeless or threatened by homelessness
 Young people living in poverty
 Immigrant and undocumented children, youth, and families  LGBTQ+ children, youth, and families
 Teen parents and families, including single mothers; young people with poor physical, mental, emotional, and behavioral health outcomes, and children with disabilities  Families with children and youth who are impacted by the criminal justice system and/or who have family members who are incarcerated; and/or are involved in or transitioning from the foster care, juvenile justice, criminal justice, or special education systems.

Desired Results
Information
 Increased access to information: (Indicators: Number of inquiries and posts on one stop shop platform)
 Increased access to information in multiple languages other than English (Indicator:

Increased number of requests for information that are made in other languages)  Increase in the number of children and youth and their families that are aware of programming and know how to access information needed to participate  Increased access to Wi-Fi connectivity
Navigation Support, Guidance, and Case Management
 Increase in number of case management spots available for high need youth or those with complex situations
 Increase in number of mentors available for high-need youth  Increased navigation support for youth who want to access post-secondary education or who are transitional aged youth moving to independence
 Increased numbers of youth that have connection to caring adults  Increased number of programs or collaborations that offer wraparound services/programming targeted at high need youth
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 36 IV. Proposal Instructions
The RFCY application process is entirely online through the RFCY Forms CivicPlus website at www.ci.richmond.ca.us/RFCYGrants. All proposals must be completed and submitted through the online application system to be considered for funding.

To review the Proposal Narrative Template, Demographic Table, Activity and Operations Projections Table, and Budget Template sections of the RFP go to Appendices A, B, C, and D, or to access those documents, please go to www.ci.richmond.ca.us/RFCYGrants. The following outlines the steps necessary to submit a proposal:
 Step 1 – Agency and Proposal Information - Provide information specific to your agency and to the program your organization is requesting funding for, including the RFCY priority area aligned to the proposed program
 Step 2 – Proposal Narrative – Upload your proposal responses completed on the Proposal Narrative Template
o Demographics – Upload your Demographic Table that estimates the individuals projected to be served annually by your program
o Activity and Operations Projections – Upload your Activity and Operations Projection Table that summarizes the proposed programming by projecting the types of activities to be delivered by the program your organization is requesting funding for, and the hours and location of operations
 Step 3 – Budget – Upload a detailed program budget based on the Budget Template showing the RFCY funding requested and total program budget costs  Step 4 – Required Documents Upload
 Step 5 – Proposal Submission and Acknowledgements – Verify that the information is complete, all forms have been submitted, and submit the online proposal.

You may enter your application over multiple sessions. Remember to save often and log out when you have finished a session. Please review the elements of your application including all uploads before submitting. It is recommended that you wait until the entire application is complete before submitting each form. Once you submit, you will not be able to edit any of your work.

More information is provided on each of these steps on the following pages. Be sure to read these instructions carefully.

Questions about the content of the RFP can be directed by email to [email protected] . Questions by phone or in person will not be taken. 1075
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 37 Step 1: Agency and Proposal Information
Begin your application by completing the Agency and Proposal Information section.

Organizations may submit more than one (1) but not more than three (3) grant applications. If submitting more than one (1) application, organizations may apply for the same or different priority areas. Each application must be submitted separately. Please review the Application Process section of this RFP for additional information.

To complete the Agency and Proposal Information, provide the requested information via the online portal at www.ci.richmond.ca.us/RFCYGrants:
 Name of Organization or Lead Agency/Organization
 Fiscal Sponsor Information (if Applicable)
 Project Manager Information
 Program/Project Budget
 Type of Applicant
 RFCY Priority Areas

TYPE OF APPLICANT
Select whether the organization is applying as a “Small and Emerging Applicant”, “Single Agency“ or “Collaborative.” For collaborations, list the agency name for all collaborative organizations for the proposed program. For more information on types of applicants, please refer to the Eligibility section of this RFP.

RFCY PRIORITY AREA
Select the appropriate strategy under which the proposal is being submitted for funding consideration. You must select ONE priority area.

When you have finished with the Agency and Proposal Information section, move on to upload the Proposal Narrative, Demographics Table and Activities and Operations Projections Table, and Budget sections of the RFP.

Example: Organization ABC would like to apply as a Single Agency for the Access to Basic Needs priority area and as a Collaborative for the Youth Violence Prevention priority area.

Organization ABC must submit two separate applications for each and list the preferred priority area for each application.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 38 Step 2: Proposal Narrative
The Proposal Narrative must include the following elements, presented in the order listed below.

Reviewers will score the Proposal Narratives based upon the adequacy and thoroughness of the response to the RFP requirements and according to the following point system3 :

Narrative Element Points
Program Summary (no points)
Agency History and Capacity 20
Program Design 35
Outcomes and Impact 25
Required Resources and Budget Request 20
TOTAL 100
 Including the responses in Section 1 and Section 2, the Proposal Narrative form shall be limited to ten (10) pages. This page limit is not inclusive of budgets, resumes, descriptions of work experience, or documents requested as part of the application, including Appendices B, C, and D.
 All submitted materials should be typed in a 12-point font size and a Serif or Sans Serif font style (e.g., Times New Roman or Arial). Applications must be easily reproducible on a standard copying machine.
 All costs incurred in the preparation of an application are the applicant’s responsibility.  Applications must be completed and submitted electronically at www.ci.richmond.ca.us/RFCYGrants by Monday, February 13, 2023, at 2:00 p.m.

Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Committee.

For more information regarding scoring of the application, see the Evaluation of Proposals section.
3 This point system applies only to the scoring of the narrative section. The scoring committee will use this score along with other criteria, including but not limited to service location, service to priority populations, strategic alignment, past performance, and reasonableness of budget and activities, when making funding recommendations.

Tip: RDCY recommends that organizations first draft their responses to the Proposal Narrative section in the template provided. Be sure to review your submissions for accuracy, formatting, clarity and completeness prior to uploading your Proposal Narrative template. 1077
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 39 Proposal Narrative

PROGRAM SUMMARY (NOT SCORED)
Provide a clear and concise summary of your program. The summary should describe the program in terms of who will be served, numbers to be served, types of services, location and frequency of services, and the purpose of your program and outcomes to be achieved. This Program Summary will be used to describe the proposed program throughout the review process (100 word limit).

AGENCY HISTORY AND CAPACITY (20 POINTS)
1) Briefly describe your agency.
2) Describe your agency's experience providing the services proposed in your application.

Include information on years of service in the community being served, experience working with diverse communities and youth, and any collaboration with other organizations or systems of care.
3) Describe the staffing plan for your proposed program. Identify the person who will have primary responsibility for managing the program and discuss their experience managing similar projects and in similar communities. Provide information on how many people will be directly working on the project and their qualifications to work effectively with your target population. Resumes or other relevant work history documents that can substantiate experience can be uploaded online via the portal and will not count toward the page limit.

PROGRAM DESIGN (35 POINTS)
4) Identify the population that will be served in your program. How do you plan to recruit, engage, and retain children, youth, and/or caregivers in your services to reach your program’s goals?
a. In addition to responding to the prompt(s), also complete the Demographics Table found in Appendix B.
5) Describe the program and proposed services. Provide information on the program design, type of services, average length of participation, location of services (include the defined boundaries for each targeted neighborhood/geographical area), and how services will be delivered.
a. In addition to responding to the prompt(s), also complete the Activity and Operations Table found in Appendix C.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 40 6) What role will youth have in program design, implementation and/or evaluation, if any? For example, how will youth inform, consult, or collaborate with staff? 7) Who are the other organizations that will support the program? Identify the roles, responsibilities and functions of each organization. For Section 5b organizations only: How does your proposal demonstrate collaboration as required per the definition listed on page 10 of the RFP? 8) Please discuss how your proposed program that you are requesting funding for through this RFP has been or will be impacted by COVID-19. What have been the implications for the services you provide? How has or will your organization address those issues so that the program can continue to be offered?
OUTCOMES AND IMPACT (25 POINTS)
9) What are the needs that your proposed program is designed to address (provide data)? How will your program’s target population directly benefit from the proposed services? 10) Describe how your program will measure its performance impact and achievement of outcomes. What are the short-term outcomes, and what do you anticipate as the longterm impacts? What are the performance targets that will be met? How will you know that your program is successful?
11) List your program’s annual outcomes and performance for the past one to three years.

Explain any fluctuations in outcome and performance year-to-year.

REQUIRED RESOURCES AND BUDGET REQUEST (20 POINTS)
12) What are the total proposed annual program expenses for the 2023-2024 fiscal year? What were the total program expenses in the most recently completed calendar or fiscal year? What is changing?
13) Describe the proposed program expenses and explain how funds requested are reasonable to support the proposed numbers of participants to be served, hours of service to be provided, and overall program design.
14) Provide information on the other sources of revenue supporting the program. Include the name of the funding entity, amount of funds, duration of funds, and whether the funds have been received, are committed, are pending, or will be requested. State whether your program will collect fees for participation or if it will be free of charge to all participants. If collecting fees, describe your fee structure, estimated annual revenue, and estimated percent of students participating for free compared to students paying a fee. 15) In addition to responding to all the prompt(s), also complete the Budget Template as referenced in Step 3 found in Appendix D.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 41 Step 3: Budget
The program budget is an important component of your proposal that should be clearly linked to support the proposed program, with reasonable and justifiable expenses for staffing and program costs. The budget proposed should be an appropriate and accurate projection of the program expenses for one program year: FY 2023-2024 (July 1, 2023 to June 30, 2024).

This section also allows you to show the cost effectiveness of your program and demonstrate how you will leverage other funds for the programs you are proposing. The proposed budget should be reflective of what was written in the Proposal Narrative section and your proposed Activities.

The budget section is organized in two sections:

REVENUES
 Category
o All revenue sources that will fund your proposed program (e.g., grants, program fees, in-kind donations).
 Total RFCY Funding Request
o The total amount of RFCY funding requested in the application.  Total Project/Program Budget
o The total budget that supports the entire program or project proposed for funding.
 Revenue Status
o The status of revenue sources sought by the applicant (e.g., pending and/or approved) including the current organization’s RFCY request.

EXPENDITURES
 Funding Category
o The expenditure allocations for which requested funds are being requested (e.g., salaries and position, benefits, program supplies, insurance, transportation, etc.).  RFCY Funds Requested
o The portion of the total program cost for which you are requesting RFCY funds.  Program Budget
o The total cost of funding a line item to operate the proposed program.  Budget Narrative
o Provide a narrative justification for each line item in the budget and describe what the specific item is and how the amount shown in the budget was calculated.

Reminder: Proposals must demonstrate, and if awarded a grant will be held accountable for, raising and documenting funding that equals at least 15% of the RFCY grant award as a program match.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 42 DIRECT COSTS

PERSONNEL
Please list all direct service staff including line staff, supervisory staff that supervises line staff, and support/clerical staff that work directly on the proposed program.  Create a separate line item for EACH individual staff working directly on the program including Lead Agency Positions.

FRINGE AND BENEFITS
This line item represents benefits (health, dental, retirement, etc.) as well as mandatory employment costs such as FICA, Social Security, SDI, and unemployment taxes. Enter in a numerical total for all fringe benefit costs paid by RFCY and by your match. The total fringe amount is only for those personnel receiving benefits from your agency. In the Budget Narrative provide a clear response of how your agency is calculating the Fringe and Benefits.

OTHER DIRECT COSTS
All other direct costs included in the program budget must directly benefit and support the operation of the proposed program. Examples include but are not limited to:

Equipment/Furniture: Durable goods such as computers and furniture.

Facility Rental: Pro-rated costs of space rental, utilities, building maintenance and other occupancy costs.

Food: Meals, snacks and food for regular programming and special events.

General Office Supplies: Paper, pens, toner, and other reasonable office supply expenses.

Participant Incentives: Monies or other non-cash incentives, such as gift certificates, provided to a program participant as a reward for completing a program or achieving a programmatic milestone. Detail how many participants are projected to receive incentives, amount of incentive, and the reason for receiving the incentive.

Professional Development: Please justify how you intend to use this amount in the narrative text box to support the professional development and training of your direct service staff.

Program Supplies: Art supplies, workbooks, sports equipment, and other reasonable program supply expenses that are required for the proposed program.

Travel/Transportation: This item includes expenses for field trips and access to programs. The basis for the calculation as well as the purpose for all travel should be provided. Travel expenses for staff are allowed when directly benefiting children and youth. Funds cannot be used for travel to trainings or professional development conferences. Local travel estimates should be based on your organization’s current policies, for example, 55.5 cents per mile or for AC Transit or BART. Any non-local travel needs to be carefully itemized and justified. 1081
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 43 YOUTH WAGES AND STIPENDS
Youth Wages and Fringe Benefits
This line item is for programs that offer youth an hourly wage for internships or employment experiences. Please enter a separate line item for each unique hourly wage. Do NOT enter a range for wages. Provide a description of what the employment is and how the cost was calculated.
 Enter the total amount of fringe benefits associated with employing youth including any benefits youth may receive and mandatory employment costs such as FICA, SDI, and UI.

Youth Stipends
Stipends are used to support youth participants enrolled in your program in limited duration work experiences and internships (not as employees of your organization). Please enter a separate line item for each unique stipend profile and stipend amount. Do NOT enter a stipend range. Provide a description of what the stipend is and how the cost was calculated.

NOTE: Do NOT include incentives for program participation in this line item. These should be included in the line item Participant Incentives under Other Direct Costs.

ADMINISTRATIVE/INDIRECT COSTS
Eligible administrative/indirect costs by applicant designation are:
 Single Agency: Up to a total of 20% of total grant request may be requested.  Collaborative Applicants: Up to a total of 20% of total grant request may be requested.  Small & Emerging: Up to a total of 20% of total grant request may be requested.

Administrative/indirect costs cannot exceed the limits stated above.

Examples of allowable expenses in the administrative/indirect line item include but are not limited to: audit, bookkeeping, payroll/finance, facilities maintenance, fiscal sponsor costs, insurance, rent, storage, utilities, and allocated personnel costs (Executive Director’s time or any other staff who works minimally on the funded program).

Some of the items listed under Direct Costs might also be applicable to Indirect Costs if those costs do not DIRECTLY benefit the proposed program.

Example: Indirect Costs are calculated as a percentage of the total RFCY Funds requested. A Single Agency applicant can request up to 20% of the total grant as Indirect Costs. If the agency applies for a grant requesting $100,000 from RFCY, the maximum indirect costs that can be requested is $20,000.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 44 Step 4: Required Documents
In the Required Documents section you will upload the following attachments:
 Copy of IRS Letter Certifying Tax Exempt Status.
 Applicants must upload an IRS statement certifying their organization’s nonprofit status under section 501(c)(3). To obtain this letter, call IRS at 1-877-829-5500 (Note: in some cases, it can take over two weeks to obtain this form). For Public Agencies, submit a blank document as an attachment.
 Financial Statements
 Provide a copy of your agency’s most recent (current) audited financials or Internal Revenue Service Form 990 or 990N or Income Statements (no later than 2018).

Reviewed or compiled annual financial statements are allowable for faith-based organizations
 Organizational Budget
 Provide the lead agency’s current year organizational budget for the current fiscal (FY 2021-2022) orcalendar year. The organizational budget must clearly list sources of income/revenue, and detail personnel, direct, and indirect expenses.  If applying with a fiscal sponsor, the organizational budgets of the lead agency and fiscal sponsor are required.
 List of Board of Directors
 Upload the current active board roster indicating officers and affiliations.  If applying with a fiscal sponsor, the lead agency’s list of Board of the Directors indicating officers and affiliations is required.
 If applying as part of a collaborative, the Board of Directors indicating officers and affiliations is required for all collaborative organizations.
 Fiscal Sponsorship Letter of Agreement (LOA)
 If applying with a fiscal sponsor, provide a letter of agreement between the fiscal sponsor and the sponsored organization. Among other responsibilities, the LOA must state that the Fiscal Sponsor or grantee is aware of their responsibility both fiscally and programmatically for all grant requirements if funds are awarded. The Fiscal Sponsor will be the applicant and will be the responsible party for the contract if the application is successful.
 Collaborative Applicant Letter of Agreement (LOA)
 For Collaborative Applicants:
o LOAs authorizing the collaborative relationship must be provided by all collaborative organizations and accompany your grant application.  For Small & Emerging Applicants or Single Agency Applicants:
o If the successful implementation of your proposed RFCY grant-funded program is dependent on the collaboration with a governmental entity (i.e., state, county, city, school district, etc.) then a communication (e.g., email, letter) indicating the nature of that collaboration should be included in the application. 1083
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 45  Each LOA document can be uploaded in any format (e.g., word, pdf, excel, etc.). See Appendix E for a sample LOA.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 46 Step 5: Proposal Submission & Acknowledgement
The final step to complete your online proposal is to click “Submit”. Please review the elements of your application including all uploads. RDCY recommends that you wait until the entire application is complete before submitting the form. Once you submit, you will not be able to edit any of your work.

After all the forms are uploaded, review and confirm your agreement of the information in the Proposal Submission & Acknowledgement for the final confirmation of submission for your proposal. The form requires the applicant to verify the following:
(1) You are an Officer on the Board of Directors of the organization or have been authorized to submit the grant application,
(2) You have thoroughly read and understand the grant program guidelines and application questions and City of Richmond requirements (business license, insurance, and grant agreement),
(3) All questions contained in the application have been answered and the required documents are included as part of our application,
(4) Your organization will obtain comprehensive background checks and/or fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations, and
(5) To the best of your knowledge, the information included as part of this application is true and accurate.

Following your agreement and completion of the Electronic Signature Agreement, click “Submit” to submit your application to RDCY. CivicPlus will generate and e-mail a Receipt of Submission to verify proof of submission. Save the e-mail of your receipt as a confirmation of your submission. Please note that all future communication regarding the submitted grant application will be sent to the Project Manager listed on the application.

ONLINE PROPOSAL DUE: MONDAY, FEBRUARY 13, 2023, BY 2:00 P.M. (PST) You must have completed and submitted all forms and uploads by 2:00 p.m., on Monday, February 13, 2023. All proposals submitted after 2:00 p.m. on Monday, February 13, 2023, will be deemed ineligible. This will be strictly enforced. RDCY strongly encourages organizations NOT TO WAIT until the last minute to submit your proposal to avoid any unforeseen technical issues.

All proposals must be submitted online through the RFCY CivicPlus system. Proposals that are mailed, e-mailed, or faxed will not be accepted.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 47 CITY OF RICHMOND/ RICHMOND DEPARTMENT FOR CHILDREN AND YOUTH RIGHTS

AND RESERVATIONS
By submitting a proposal, an applicant authorizes RDCY to verify any information the proposal contains. At any time before a contract is issued, RDCY may conduct site visits, interviews, and/or undertake other means to verify applicants’ provision of services before making a final determination of grant awards. RDCY has the right to disqualify applicants whose proposals present false, inaccurate, or incorrect information or are incomplete in any fashion.

Once a final award is made, all RFP responses, except financial and proprietary information, become a matter of public record and shall be regarded by the City as public records. To withhold financial and proprietary information, please label each page as "confidential" or "proprietary". Although a document may be labeled "confidential" or "proprietary", information is still subject to disclosure under the Public Records Act and is, at the City's discretion, based on the potential impact of the public’s interests whether or not to disclose "confidential" or "proprietary" information. The City shall not in any way be liable or responsible for the disclosure of any such records or portions thereof if the disclosure is made pursuant to a request under the Public Records Act.

If an inadequate number of proposals is received or the proposals received are deemed nonresponsive, not qualified, or not cost effective, the City may at its sole discretion reissue the RFP.

ADDITIONAL PREFERENCE POINTS
Applicants will receive preference points from the City of Richmond for being an organization that is a Richmond business. (see Richmond Business Opportunity Ordinance, Richmond Municipal Code 2.50).

Richmond Business Opportunity Ordinance is incorporated into the Richmond Municipal Code (RMC) linked here: RMC Section 2.50. Be sure to review Section 2.50.040 for Definitions of the “Richmond business”, “Richmond nonprofit business”, and all other applicable sections, terms, and/or stipulations set forth within the RMC Section 2.50. 1086
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 48 V. Funding Recommendations and Contract Negotiation
Rejection of Proposal Elements
The City reserves the right to reject any or all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel the RFP without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any candidate submitting a proposal. A proposal may be rejected for any of the following reasons:
 Proposal received after designated time and date
 Proposal not containing the required elements, exhibits, nor organized in the required format
 Proposal considered not fully responsive to this RFP
 Proposal not in compliance with the City of Richmond with contracting procurement policies, city ordinances, and legal requirements
Proposal Review Process
The City's overall objective is to award grants to highly qualified organizations that provide needed services to young people in Richmond and North Richmond. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent.

All proposals will be evaluated and scored by a RFCY Review Committee (Committee).

Committee members may consist of but are not limited to RFCY Oversight Board members, employees from internal and external organizations, and community members.

The selection process is divided into the following steps:

1. All applications that are received by the submission deadline are reviewed in depth by RFCY staff for responsiveness, completeness, and satisfaction of eligibility requirements.

Based on this review, eligible proposals will proceed to the application evaluation process.

2. All complete and eligible applications are forwarded to the Committee, which will review and score the proposals, based on priority areas, using the criteria listed in the guidelines.

3. Individual Committee members will provide scoring to RFCY staff and the average of reviewer scores will be used to provide a ranking of proposals by priority area.

4. RFCY staff will provide the Committee with the average scores and ranking of proposals within each priority area. Committee members will utilize this information to help make recommendations to the RFCY Oversight Board.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 49 5. The RFCY Oversight Board will review Committee recommendations and will convene to approve funding decisions at their public monthly meeting in Summer of 2023. Award recommendations will align with the strategic objectives as detailed in the 2021-2024 RFCY Strategic Investment Plan.

The RFCY Oversight Board regular meetings are held monthly on the first Monday of the month, and depending on the status of COVID-19, are hosted in Richmond City Hall, located at 440 Civic Center Plaza, Richmond, CA 94804 or video conference platform.

6. The RFCY Oversight Board will then present their funding recommendations to Richmond City Council for approval and adoption.

Any party applying for funding through this RFP shall not contact or lobby any City Council member, RFCY Oversight Board member, Review Panel member, City employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, application submittal, and/or review process may have their application rejected for violating this provision of the RFP.
1088
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 50 The City has allocated up to eight weeks for review of the proposals. The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the proposals:
1) AGENCY HISTORY AND CAPACITY................................................................20 POINTS  Past, recently completed, or on-going projects to substantiate experience.  Demonstration of ability and experience in working with diverse communities and youth.  Agency has achieved success and accomplishments demonstrate capacity for effective delivery of proposed services.
 Professional background and qualifications of team members proposed to deliver direct services and manage the program are included and relevant and show that members are qualified.
 Racial, ethnic, cultural, linguistic characteristics and or lived experience of staff reflect communities proposed to be served.
2) PROGRAM DESIGN............................................................................................35 POINTS  A clear and specific outline of the proposed services, including frequency of programming, average number of clients to be served daily and over the course of the year, location of services, and extent of proposed services to be delivered.  Outreach and engagement strategies that are effective and culturally relevant.  Clearly demonstrated how youth voice, perspective, and input is included in the program development, design, outreach, and/or implementation.
 Responses show an awareness of the community and target population.  Special resources and capacities the team offers that are relevant to the successful completion of the project, including collaborations and subgrantees.  The organization has a plan on how the program or project will be sustained and thrive in a COVID-19-impacted environment.
3) OUTCOMES AND IMPACT….............................................................................. 25 POINTS  Applicant describes how program will contribute to equity among children, youth and their families in Richmond and North Richmond.
 Applicant clearly describes the intended participants that the program is designed to address and their needs, providing accurate, current, and specific data where possible to demonstrate need.
 Applicant identifies outcomes that have been achieved through the proposed services before and is able to link projected outcomes to intended impacts identified in the priority areas/funding strategies.
 Applicant demonstrate the ability to reasonably account for/track outcomes.

Evaluation of Proposals
1089
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 51 4) REQUIRED RESOURCES AND BUDGET REQUEST........................................20 POINTS  Program provides a clear budget that describes staffing and associated direct costs required for successful program implementation.
 Expenses are reasonable and commensurate with the scale of services proposed.  Additional resources are identified to support the program, with reasonable plan for securing matching funds.
 Total program budget of RFCY funding and additional matching funding is realistic and reasonable for proposed level of services.
 The ratio between the organization’s total grant requests and their organization’s overall current year budget is appropriate based on program design and other factors.

The Board will base funding recommendations upon the ranking of proposals according to the point system described above for the Proposal Narrative section of the proposal, along with additional considerations and criteria, including but not limited to service location, service to priority populations, strategic alignment, past program performance and agency capacity, and reasonableness of budget and scope of services.

Contract Negotiations
During contract negotiation, RFCY staff will work with organizations to develop and/or update scopes of work, program outcomes, timelines, demographics and activity reports, and budgets.

Staff will ensure that contracts meet the goals, objectives and policies of RFCY and the Oversight Board.

With prior notification, during or before a grant agreement is issued, City of Richmond staff may conduct site visits, interviews, and/or undertake other means to better understand applicants’ provision of services.

Should the City and the applicant not be able to reach an agreement as to the contract terms within a reasonable timeframe, the City may terminate the negotiations and begin negotiations with the next most qualified applicant within the priority area, as identified and selected by the Oversight Board and approved by City Council, and proceed down the list of qualified applicants as necessary until an agreement is reached or the list is exhausted.

Once awarded, all grantees must use the CivicPlus online reporting system to report scope of work activities, demographics, budget, program activities, enrollment, attendance, and invoices.

Grantees are also required to submit quarterly progress reports in a timely manner.

All grantees must participate fully in the RFCY independent evaluation process so that meaningful data may be gathered to report to all parties interested in RFCY. Participation may include attending trainings and workshops, collection of participant survey data, gathering adequate data on effort and results at the evaluator’s request, and hosting site visits.

Organizations are also required to attend RFCY grantee convenings and other RFCY informational, technical assistance, training and service coordination meetings. 1090
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 52 Contract Award
1) Upon successful completion of the negotiations, staff will transmit the agreement to the City Manager/City Council (as applicable) for review and approval. 2) The contract amount (including reimbursements) shall be a not to exceed amount, to be established based upon a mutually agreeable Scope of Services and fee schedule. 3) After contract execution, an initial advance payment of twenty-five percent (25%) of the total award amount MAY be advanced to all grantees as part of the application award process. Grantees receiving an advance payment may be eligible for an additional advance of twenty-five percent (25%) of the award amount, contingent upon the submission of complete and adequate reporting and invoicing documentation. A final advance of twenty-five percent (25%) of the award amount may be made contingent upon submission of the complete and adequate reporting and invoicing documentation.

Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.
4) The City will withhold the final twenty-five percent (25%) of the contract amount pending successful completion of work and final submittal of all required documentation. 5) The selected grantee will be required to enter into a grant services agreement that contains similar terms and conditions as in the City’s standard agreement. Please note that the City Attorney’s Office is typically not inclined to make any modifications to the standard agreement terms and provisions.
6) The selected grantee and their members will be required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the grantee and their members may be required to undergo an evaluation to demonstrate that the grantee uses recognized accounting and financial procedures.
7) Reports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required. 8) Invoicing or Funding Requests for reimbursement must include the necessary documents to substantiate the disbursement (e.g., receipts, time cards, payroll records, etc.).

Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding.
9) Published program materials shall include the City seal or logo and shall state, “Made possible in part by the Richmond Fund for Children and Youth.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 53 CONTRACT AND COMPLIANCE
Please review Appendix F: Compliance with City Council Policies and Applicable Laws for details on the City policies that are required of funded agencies.

1. Grantees must provide the services projected in the proposal and Scope of Work, subject to contract negotiations. Failure to provide these services may result in reduced payments or suspension of payment.

2. Grantees must provide evidence of in-kind and cash matches at the end of the third quarter, (e.g., through letters, copies of checks, grants, or records of volunteer or donated services.)

3. After a contract is awarded, RDCY and the City reserve the right to amend it as needed throughout the term of the grant agreement to best meet the needs of all parties.

4. RDCY staff and/or other appropriate City staff or affiliates shall have the right to audit the grant agreement and all books, documents and records relating thereto. 1092
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 54 Appendix A: Proposal Template
SECTION 1 – AGENCY AND PROPOSAL INFORMATION
Including the responses in Section 1 and Section 2, this Proposal Narrative form shall be limited to ten (10) pages.

Community-Based Organization Information (Applicant Information):

Name of Organization or Lead Agency/Organization:

Click here to enter text.

Organization Address:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Project Manager Name (primary contact for the grant):

Click here to enter text.

Project Manager Phone Number:

Click here to enter text.

Project Manager Email Address:

Click here to enter text.

Program Summary:

Click here to enter text.

Fiscal Sponsor Information (Organization with 501(c)(3) tax status):

Name of Organization:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Organization Address:

Click here to enter text.

Project Manager Name (primary contact for the grant):

Click here to enter text.

Project Manager Phone Number:

Click here to enter text.

Project Manager Email Address:

Click here to enter text.

Program/Project Budget:

Program/Project Budget:
$ Click here to enter text.

Amount of Grant Funds Requested:
$ Click here to enter text.

Annual Organizational Budget:
$ Click here to enter text.

Fiscal-Sponsor Budget (if applicable):
$ Click here to enter text.

Type of Applicant:

Choose whether the organization is applying as a Small and Emerging, Single Agency, or Collaborative Applicant and enter than information in the field below.

Click here to enter text.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 55 For Collaborative Applicants and organizations listed in Article 15, Section 5b, list the information below for all collaborating organizations for the proposed program.

Agency Name Contact Name Major Responsibilities
Click here to enter text. Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text. Click here to enter text.

RFCY Priority Area:

Choose one (1) appropriate strategy under which the proposal is being submitted for funding consideration and enter that information below:

Priority Area 1: Behavioral Health: Mental Health & Wellness Priority Area 2: Education Support and Employment/Training Support Priority Area 3: Out-of-School Time, After-School, Sports, and Enrichment Priority Area 4: Youth violence Prevention
Priority Area 5: Access to Basic Needs
Priority Area 6: Information, Guidance and Case Management SECTION  2  –PROPOSAL  NARRATIVE
Including the responses in Section 1 (above) and Section 2, this Proposal Narrative shall be limited to ten (10) pages.

PROGRAM SUMMARY (NOT SCORED)
Provide a clear and concise summary of your program. The summary should describe the program in terms of who will be served, numbers to be served, types of services, location and frequency of services, and the purpose of your program and outcomes to be achieved. This Program Summary will be used to describe the proposed program throughout the review process. There is a 100 word limit to this response.

Click here to enter text.

AGENCY HISTORY AND CAPACITY (20 POINTS)
1) Briefly describe your agency.
2) Describe your agency's experience providing the services proposed in your application.

Include information on years of service in the community being served, experience working with diverse communities and youth, and any collaboration with other organizations or systems of care.

Click here to enter text.
3) Describe the staffing plan for your proposed program. Identify the person who will have primary responsibility for managing the program and discuss their experience managing 1094
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 56 similar projects and in similar communities. Provide information on how many people will be directly working on the project and their qualifications to work effectively with your target population. Resumes or other relevant work history documents that can substantiate experience can be uploaded online via the grant application and will not count toward the page limit.

Click here to enter text.

Staff Name Roles and Responsibilities
Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

PROGRAM DESIGN (35 POINTS)
4) Identify the population that will be served in your program. How do you plan to recruit, engage, and retain children, youth, and/or caregivers in your services to reach your program’s goals?
a. In addition to responding to the prompt(s), also complete the Demographics Table found on www.ci.richmond.ca.us/RFCYGrants.

Click here to enter text.
5) Describe the program and proposed services. Provide information on the program design, type of services, average length of participation, location of services (include the defined boundaries for each targeted neighborhood/geographical area), and how services will be delivered.
a. In addition to responding to the prompt(s), also complete the Activity and Operations Table found on www.ci.richmond.ca.us/RFCYGrants.

Click here to enter text.
6) What role will youth have in program design, implementation and/or evaluation, if any? For example, how will they inform, consult, or collaborate with staff? Click here to enter text.
7) Who are the other organizations that will support the program? Identify the roles, responsibilities and functions of each organization. For Section 5b organizations only:

How does your proposal demonstrate collaboration as required per the definition listed on page 10 of the RFP?
1095
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 57 Click here to enter text.

Collaborating
Organization
Roles and Responsibilities
Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.
8) Please discuss how your proposed program that you are requesting funding for through this RFP has been impacted by COVID-19. What have been the implications for the services you provide? How has or will your organization address those issues so that the program can continue to be offered?
Click here to enter text.

OUTCOMES AND IMPACT (25 POINTS)
9) What are the needs that your program is designed to address (provide data)? How will your program’s target population directly benefit from the proposed services? Click here to enter text.
10) Describe how your program will measure its performance impact and achievement of outcomes. What are the short-term outcomes, and what do you anticipate as the long-term impacts? What are the performance targets that will be met? How will you know that your program is successful?
Click here to enter text.
11) List your program’s annual outcomes and performances for the past one to three years.

Explain any fluctuations in outcome and performance year-to-year.

Click here to enter text.

REQUIRED RESOURCES AND BUDGET REQUEST (20 POINTS)
12) What are the total proposed annual program expenses for the 2022-2023 fiscal year? What were the total program expenses in the most recently completed calendar or fiscal year? What is changing?
Click here to enter text.
13) Describe the proposed program expenses and explain how funds requested are reasonable to support the proposed numbers of participants to be served, hours of service to be provided, and overall program design.

Click here to enter text.
14) Provide information on the other sources of revenue supporting the program. Include the name of the funding entity, amount of funds, duration of funds, and whether the funds have 1096
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 58 been received, are committed, are pending, or will be planned to be requested. State whether your program will collect fees for participation or if it will be free of charge to all participants. If collecting fees, describe your fee structure, estimated annual revenue, and estimated percent of students participating for free compared to students paying a fee.

Click here to enter text.
15) In addition to responding to all the prompts(s), also complete the Budget Table as referenced in Step 3 and found on www.ci.richmond.ca.us/RFCYGrants. 1097
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 59 Appendix B: Demographic Projections Table(s)
Please estimate the total number of unique clients your program projects to enroll and serve during the period July 1, 2023, and June 30, 2024, if funded by RFCY. Do not include in your projections participants that only receive ancillary services such as sitting through a one-time workshop. Do not include projected number of participants reached in outreach efforts. Space is included in the fillable template to provide a narrative response.

NOTE: If awarded RFCY funding, organizations will provide First Name, Last Name, Date of Birth, Gender Identity, Race/Ethnicity, and residential Zip Code for all participants (unless otherwise legally prohibited). Enrolled clients (and their parent, guardian, or other legally authorized representative if a minor) are required to provide a Release of Information Form giving consent to being entered and their participation tracked and agreeing to participate in an annual evaluation of the funded program by the RFCY and/or its evaluation consultant. Youth participants (birth – 24) must be Richmond or unincorporated North Richmond residents.

OVERALL TOTAL NUMBER OF UNDUPLICATED PARTICIPANTS:

Ages
Race/Ethnicity Birth-5 6-12 13-17 18-24 TOTALS
Asian
Black/African American
Latinx
Native American/Indigenous
White
Pacific Islander
Mixed Race
Prefer not to state
Other
TOTALS
Gender Number of Participants TOTALS
Male
Female
Non-Binary
Other Gender Not Listed
TOTALS
Residential Zip Codes Number of Participants TOTALS
94801
94803
94804
94805
94806
TOTALS
1098
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 60 Appendix C: Activity and Operations Projection Table(s) Provide an overview of the total expected activities to be supported during the first year of funding support. Provide an estimate on the overall activities in this section that correspond to the detailed activities you will provide throughout the year. Do not provide a detailed list of each and every expected activity that would constitute a completed Scope of Work. If selected for funding, applicants will be required to translate their Activity Projections into a detailed Scope of Work and set of specific activities prior to entering into contract with the City of Richmond.

ACTIVITY PROJECTIONS TABLE
The activity types that are available are dependent upon the RFCY priority area selected. There are four activity types that are available:
 Individual Activities
 Group Activities
 Consultation Hours
 Internships and Employment
Select the appropriate type of activity based on your services. For each activity category, you will be able to enter one or more activities.

For Individual and Group Activities, you will be required to provide the following information:
 Activity Name
 Activity Category
o Select the most appropriate activity category from the drop-down list  # of Sessions by Quarter
o Enter the number of sessions that this activity is projected to occur by quarter o The quarters follow the City of Richmond’s fiscal year July 1st – June 30th  Average # of Participants per Session
o Project the number of youth expected to be present per session on average  Average Length of Session (hours)
o Project the average length of each activity session. Make sure to project out in hours, not minutes. For example, a 30-minute session should be entered as 0.5  Service Description
o Provide a short summary of the activity to provide information on the type of activity proposed
Example: A program proposes to provide summer camp for four weeks for 100 students. Each day the program provides youth with three hours of arts and enrichment, and three hours of academic programming. Select “Group Activities” and complete one activity to capture the arts and enrichment programming, and a second activity to capture the academic programming. 1099
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 61 PROGRAM ACTIVITIES CATEGORY
Select the most appropriate category for each of your Individual and Group activities. Examples include:
 Academics – includes literacy, math, STEM and STEAM programming  Arts, Dance, Music and Culture
 College and Career Readiness
 Community Building
 Early Learning
 Family Engagement and Parent Education
 Field Trips
 Health Education and Wellness – includes gardening, cooking and nutrition  Internships and Employment
 Leadership and Civic Engagement – includes community service  Sports and Recreation
 Supportive Services – includes mental health services, case management, mentoring, resource referrals, legal services, housing support, restorative justice  Other

PROGRAM OPERATIONS TABLE
Provide information on the months that the program will be active, projected number of weeks the program will be active over the course of one year, and the projected days and hours of operation.

LOCATIONS OF PROGRAM ACTIVITIES
Provide information on the service site location. If your program is operating at multiple locations, provide information for each program site location. Do not include service site locations where only brief activities will take place, such as field trips or showcase event locations.

For each Service Location, provide the following information:
 Location Name: Provide a clear name for the site (do not use acronyms).  Address: Including Street Address, City, and Zip Code. o Note: RFCY uses this information to inform the Oversight Board and Richmond City Council of potential program locations and it is helpful during the review process to determine geographic diversity of programs. Please be sure to include accurate information in this section to be able to map potential service locations.  Location Type: Select from the drop-down list the most appropriate category for the proposed service site location.
1100
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 62 ACTIVITY PROJECTIONS TABLE:

Name of
Program
Activities
Category
No.

Sessions
per
Quarter
Avg. No.

Participants
Avg.

Length
per
Session
(hours)
Activity
Description
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
Select Category
hours
1101
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 63 PROGRAM OPERATIONS TABLE:

Number of Weeks
Operating
Days of Week
Operating
Grant Program Hours of
Operation
June 0
July 0
August 0
September 0
October 0
November 0
December 0
January 0
February 0
March 0
April 0
May 0
TOTAL Weeks Days Hours
Location(s) of Program Activities:

Location Name Address Location Type
Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.
1102
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 64 Appendix D: Budget Template
a. Total organization budget (based on prior year’s 990, audited/reviewed financials, or income statement):$
b. Complete the budget template below for your proposed program. If needed, add rows and provide as much detail as possible in the revenue and expenditure sections.  Revenue section: List all of the revenue sources that will fund your proposed program (e.g., grants, program fees, in-kind donations) and state whether those sources are pending and/or approved. Include, the Total Project Budget as well as your organization’s RFCY request.
 Expenditures: List, with as much detail as possible, the expenditure categories (e.g. salaries, benefits, program supplies)
 The revenue total and the expenditure total in the “RFCY Request” column should match. The same is true for the “Project Budget” column.

For example, if your organization is requesting a total of $50,000 from the RFCY grant program, that amount should be listed in the “Revenue” section of the budget table. You would then need to complete the “Expenditure” section of the budget table, making sure that the total amount of the expenditures is also equal to $50,000 (the total amount of the revenue requested).
 Use the “Budget Narrative” section to justify and explain the expenditures outlined in your program budget table.

Program Budget Table

REVENUE
Category
(List Funding Sources)
RFCY Request Total Project
Budget
Revenue Status
(Approved/Pending)

Revenue Total $ $

EXPENDITURES

Funding Category RFCY Request Total Project
Budget
Budget Narrative
(if applicable)

Expenditure Total $ $
1103
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 65 Appendix E: Letter of Agreement (LOA) Sample
This template is provided as a general guideline. If your organization has its own template, feel free to use it as long as it contains the key features of the LOA template. The LOA must include:
 Description of the nature, history and extent of the collaboration including past successes and accomplishments of the collaboration.
 Responsibilities of each party detailing administrative and operational duties including staffing, service delivery specifics, facility space, data management, evaluation, etc.  Any funds being exchanged.
 Signature of director level person or someone who has the organizational authority to enter their respective organizations into an agreement.

Letter of Agreement (LOA) for Richmond Fund for Children and Youth This Letter of Agreement establishes the intention of [ORGANIZATION 1] and [ORGANIZATION 2] to work together if RFCY funds are awarded for [Program Name]. [Give a brief description of program and any past collaboration history and successes]. [ORGANIZATION 1] will fulfill the following responsibilities:

List out responsibilities detailing administrative and operational duties including staffing, facility space, targeted numbers of priority populations to be served, type of services, frequency of services, average length of participation, location of services, and how services will be delivered.

Provide information on data management and evaluation practices. [ORGANIZATION 2] will fulfill the following responsibilities:

List out responsibilities detailing administrative and operational duties including staffing, facility space, targeted numbers of priority populations to be served, type of services, frequency of services, average length of participation, location of services, and how services will be delivered.

Provide information on data management and evaluation practices.

JOINT RESPONSIBILITIES
List out any joint responsibilities including regular meetings to align, coordinate and review services and collaboration.

COMPENSATION AND TERM
Detail any funds being exchanged. Specify the length of time for the agreement.

NOTE: It is RFCY’s expectation that all collaborating organizations written into the proposal and budget will remain in the collaboration for the duration of the 2021-2024 grant cycle period because your grant was reviewed and awarded based on these collaborations. If there needs to be any potential changes in the scope of work and budget, these need to be brought to RFCY’s attention for approval of modification in the scope of work prior to implementation. [ORGANIZATION 1] Date
[ORGANIZATION 2] Date
1104
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 66 Appendix F: Compliance with City Council Policies and Applicable Laws

1. The successful applicants selected shall obtain or provide proof of having a current City of Richmond Business Tax Certificate.

2. The City reserves the right to reject any and all bids.

3. Federal, State and Local Laws: The selected applicants will be required to comply with all applicable federal, state and local laws, including the City of Richmond’s Nondiscrimination Ordinance (Chapter 2.28), Business Opportunity Ordinance (Chapter

2.50), Local Employment Program Ordinance (Chapter 2.56), and Living Wage Ordinance (Chapter 2.60), if applicable. Please contact the City or RDCY staff for further information regarding the above requirements.

4. The successful applicants must complete and submit a W-9 and Supplemental Vendor forms.

5. The successful applicants must meet the applicable City of Richmond insurance requirements.
1105

June 20, 2023
Mayor's Office
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Environmental Community Investment Agreement
Transportation Oversight Committee Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Steven Michael Birnbaum is applying for a vacant seat on the Environmental Community Investment Agreement
Transportation Oversight Committee
RECOMMENDED ACTION: APPOINT Steven Michael Birnbaum to the Environmental Community Investment Agreement
Transportation Oversight Committee. Term expires
July 25, 2026 - Mayor’s Office (Mayor Eduardo Martinez
510-620-6502).

DISCUSSION:

Steve Michael Birnbaum has experience in participating in transportation related committees. He is currently involved in the Bay Ferry 2050 Community Advisory Group, and previously in the San Francisco Para Transit Advisory Board. His professional AGENDA
REPORT
1106

June 20, 2023
background as an attorney will add value to the committee. His connections to various community groups are also commendable and an indicator of his commitment to public service.

DOCUMENTS ATTACHED:

Attachment 1 – Steven Michael Birnbaum’s redacted application to the Environmental Community Investment Agreement Transportation Oversight Committee 1107
1108

June 20, 2023
Mayor's Office
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Richmond Youth Council Application
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Fernando Gael Guzaman Arredondo is applying for a
vacant seat on the Richmond Youth Commission
RECOMMENDED ACTION: APPOINT Fernando Gael Guzaman Arredondo to the Richmond Youth Council. Term expires October 1, 2024 -
Mayor’s Office (Mayor Eduardo Martinez 510-620-6502).

DISCUSSION:

Fernando Gael Guzaman Arredondo attends high school in Richmond where he has been involved in mentoring, volunteer work, and on the honor roll. He works part-time and has multimedia skills which could benefit the commission in a number of ways. He AGENDA
REPORT
1109

June 20, 2023
has been accepted to UC Berkeley and has built an impressive resume in his youth. He would add to our talented Youth Council.

DOCUMENTS ATTACHED:

Attachment 1 – Fernando Gael Guzaman Arredondo redacted application to the Richmond Youth Council
1110
1111

June 20, 2023
Mayor's Office
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Richmond-Shimada Friendship Commission Appointment FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Maryann Maslan Jacobson is re-applying for a seat on
the Richmond-Shimada Friendship Commission.

RECOMMENDED ACTION: REAPPOINT Maryann Maslan Jacobson to the Richmond-Shimada Friendship Commission for a second
term. Term expires December 31, 2025 - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6502).

DISCUSSION:

Maryann Maslan Jacobson is re-applying for a second term to the Shimada Friendship Commission. Our office was happy to learn that the applicant has been very active in her first term. For the 60th year anniversary of this sister-city relationship, she put AGENDA
REPORT
1112

June 20, 2023
together a virtual event showcasing Richmond’s cultural diversity that is now archived in Shimada. Her work supports opportunities for ongoing cultural exchange, particularly for Richmond’s youth and their families. The Mayor’s Office believes her reappointment will help build upon what she has accomplished in her first term.

DOCUMENTS ATTACHED:

Attachment 1 – Maryann Maslan Jacobson’s redacted application to the RichmondShimada Friendship Commission 1113
1114

June 20, 2023
Police Department
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Three-Year Sole-Source Contract with Lexipol for Law Enforcement Policy and Training Bulletin Tracking
FINANCIAL IMPACT: Funding for the contract between the City and Lexipol will come from the Police Department’s approved budget in
the amount of $13,893.68 for fiscal year 2022-2023, and the remaining $31,106.32, which includes a $3,318.96
contingency, will be budgeted for in subsequent years - account string 01191021-400209.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

The Police Department is requesting that the City Council approve a three-year sole-source contract with Lexipol
LLC in the amount of $45,000 to manage the
department’s law enforcement policy tracking and
training bulletins to ensure department compliance
amongst all officers.

RECOMMENDED ACTION: APPROVE a sole-source contract in an amount not to exceed $45,000, which includes a $3,318.96
contingency, with Lexipol, LLC for law enforcement policy and training bulletin tracking, for the term January 1, 2023 through December 31, 2026 – Police Department
(Chief Bisa French 510-621-1802).

AGENDA
REPORT
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June 20, 2023
DISCUSSION:

The current scheduling of 24/7 shifts has its challenges when reaching out to several teams to ensure that they completed a training or to ensure that they have reviewed a training document. Lexipol provides a solution by allowing a manager to assign or request that an officer take a training course - or review and comply with a policy - and can easily track and manage those assignments on one platform – some of which are state or federally mandated. Lexipol also provides 170+ state specific policies that are researched and written by Lexipol experts and legally vetted by attorneys. The policies are constantly updated with best practices and include a procedural guide and framework. Additionally, there are over 400 online courses and over 1,100 training videos that help the manager effectively communicate with Richmond Police Department’s (RPD) 145 sworn officer positions without physically presenting each course.

Additionally, Lexipol tracks RPD’s policies to ensure the policies are adequate, up-todate and can highlight and capture policies that may be contradictory. Lexipol will even send updates electronically when a law, practice, or standard changes. These attributes are very valuable to RPD’s Personnel, Records, and Training team (PR&T) and ensures that the community receives the most accurate, and updated police response.

RPD staff have benefitted from these two Lexipol modules and are requesting City Council’s approval of a contract in the amount of $45,000, which includes a $3,318.96 contingency.

Due to RPD’s staff turnover, and with the onboarding of new hires, the prior contract expired before it could be amended. In addition, there were challenges with outstanding amounts owed and obtaining updated agreements from the vendor. In April 2023, RPD staff received the updated agreements and proceeded with the necessary steps to move forward in the City’s contracting process. RPD staff completed an After the Fact form detailing the steps RPD will take to prevent future contract delays.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Executed Sole Source
Attachment 3 – Executed ATF Lexipol
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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.
1117

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:

By:

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

By:

By: Title:

City Attorney
Date Signed:

(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
1118
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:

Police Department
1119
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 PAYMENT 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 Contractor 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 after 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. 1120
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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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, 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 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, 1122
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. 1123
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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these 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. 1124
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 1125
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1127
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 1128
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 1129
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1130
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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.
1131
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 1132
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

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

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 1133
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. 1134
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):
1135
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.
1136
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Cyber Liability Insurance
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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)

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
1137
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 2 of 4
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement
Additional Insured Endorsement
(continued)
Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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.
1138
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 3 of 4
Revised: September 2011
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

1. Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, 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 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 1139
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 4 of 4
Revised: September 2011
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.
1140
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT G

CITY OF RICHMOND
Sanctuary City Compliance Statement
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”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
1141

MASTER SERVICE AGREEMENT
Agency's Name: Richmond Police Department
Agency's Address: 1701 Regatta Blvd
Richmond, CA 94804
Attention:

Sales Rep: Adam Wiedner
Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date: EFFECTIVE_DATE_DS
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency").

This Agreement consists of:
(a) this Cover Sheet
(b) Exhibit A - Selected Services and Associated Fees
(c) Exhibit B - Terms and Conditions of Service
Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

Richmond Police Department Lexipol, LLC
Signature: CUSTSIG_DS Signature: COUNTERSIG_DS
Print Name: CUSTNAME_DS Print Name:

Title: CUSTTITLE_DS Title:

Date Signed: CUSTDATE_DS Date Signed: COUNTERSIGDATE_DS

ATTACHMENT A
1142
Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Policy Updates USD 8,643.68 USD 8,643.68 Subscription Line Items Total USD 8,643.68
USD 8,643.68
TOTAL: USD 8,643.68
1143
11 lrLEXIPOL
Addendum to Online Subscription Agreement {OSA) between Lexipol and Richmond Police Department (California).

Effective Date: 1/1/2023
Agency is purchasing the following additional service:

Legacy DTBs

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Law Enforcement Daily Training Bulletin (Start: 1/1/2023 End: 12/31/2023) USD 5,250.00 USD 5,250.00 Subscription Line Items Total USO 5,250.00
USO 5,250.00
Legacy DTBs TOTAL: USD 5,250.00
*Law Enforcement pricing is based on 163 Law Enforcement Sworn Officers. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexi pol upon the execution of this Agreement.

Terms and Conditions: This subscription order falls under the provisions of the original Online Subscription Agreement signed by the authorized agent for the above agency. The services that Lexipol, LLC, a Delaware Limited Liability Company (hereinafter "Lexipol"), provides to Agency, Customer, User, Purchaser are subject to the Terms and Conditions of Use of the original 9nline Subscription Agreement. These Terms and Conditions are valid through the subscription agreement period. This document represents additional services to be provided, subject to the foregoing Terms and Conditions of Use. AGENCY HEREBY AGREES WITH THESE TERMS AND CONDITIONS OF USE AS APPLICABLE TO THE SERVICES ACQUIRED VIA THIS ADDENDUM.

The subscription agreement is authorized and approved by:

Lexipol
Signature:

Print Name:

Title:

Date Signed:

Copyright 2020 © Lexipol - Rev 6/8/2018
Richmond Police Department
Signature: CUSTSIG_DS
Print Name:

Title:

Date Signed:
1144
Exhibit B
1 of 3
Terms and Conditions Specific to this Agreement
The following terms and conditions apply to all Subscription Services purchased by Agency. Capitalized terms used but not defined herein shall have the meaning set forth in Lexipol’s General Terms and Conditions, available at:
https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol’s General Terms and Conditions and those contained herein, the Terms and Conditions contained in this Exhibit B shall control.

1. Term. This Agreement becomes effective and enforceable upon signature by Agency’s authorized representative, with a Program Start Date as specified on the cover sheet of this Agreement. This Agreement shall remain in effect for a minimum one (1) year period commencing on the Program Start Date unless a different time period is specified on Exhibit A (the "Initial Term"): provided, however, that the Term may be extended for successive one-year periods thereafter (each a “Renewal Term”) upon mutual written approval by both Agency and Lexipol.

2. Subscription Fee/Invoicing. Lexipol will invoice Agency for purchased Subscription Services at the commencement of the Initial Term and thirty (30) days prior to the beginning of each Renewal Term. Agency will pay the invoiced amount to Lexipol within thirty (30) days of the invoice date. All invoices will be sent to Agency at the address for Agency specified on the first page of this Agreement to which these Terms and Conditions are attached. All payments will be made to Lexipol at the address for Lexipol specified on the invoice. Lexipol reserves the right to increase pricing for each Renewal Term.

3. Product-Specific Terms; Ownership; Right to Use. This Section pertains to specific products and services offered by Lexipol and its affiliates. If Agency has selected a particular product or service referenced below, the applicable Section(s) and associated supplemental terms will apply. If Agency has not selected a particular product or service referenced below, the subsection referencing such product or service shall not apply.

3.1 Policy Subscriptions and Materials. This Section applies when Agency has subscribed to or otherwise receives access to Lexipol’s Policy Subscription Materials, as defined below. i Generally. Agency acknowledges and agrees that all policy-based Subscription Services, including but not limited to all policy manuals, supplemental policy publications, daily training bulletins, and all other materials provided by Lexipol to Agency from time to time during the term of this Agreement (such materials collectively, the “Subscription Materials") are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law, and that Lexipol reserves all rights not expressly granted in this Agreement.

Subject to the terms, conditions and limitations in this Agreement, Lexipol hereby grants Agency the right to prepare derivative works of the Subscription Materials (each, a “Derivative Work,” as defined in Section 1 of the General Terms and Conditions); provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove any copyright notice or other proprietary notice of Lexipol appearing on Subscription Materials or Derivative Works and shall include such notices at the appropriate place on each copy thereof. ii Right to Use; Limitations on Use. Subject to the terms, conditions, and limitations in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid-up, right to use the Subscription Materials and any Derivative Works in each case, solely for the Agency’s internal purposes. Agency shall not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, or display, in whole or in part, by any means or medium, whether electronic or mechanical, or by any information storage and retrieval system, any Subscription Materials or any Derivative Work other than as expressly authorized by the immediately preceding sentence.

Without limiting the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Materials or any Derivative Work into or onto any third party, document, knowledge, or other content management system or service without Lexipol’s prior written consent. The foregoing does not prohibit Agency from providing Subscription Materials or Derivative Works pursuant to an order from a court or other 1145
Exhibit B
2 of 3
governmental agency or other legal process, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, nor does it prohibit Agency from displaying the adopted/approved final policy document on a publicly accessible website for official agency purposes, so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 3.1(i) above. iii Policy Adoption. Agency hereby acknowledges and agrees that all policies and Daily Training Bulletins (DTBs) included in the Subscription Materials provided by Lexipol have been individually reviewed, customized, and adopted by Agency for use by Agency in accordance with this Agreement. Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that the chief executive of Agency will, for all purposes, be considered the “policy maker” with regard to each and every such policy and DTB.

3.2 Learning Management System. This Section applies when Agency subscribes to Lexipol’s Learning Management System (“LMS”). The LMS is a proprietary product of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency’s right to use the LMS is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data, defined as data owned by Agency prior to the Program Start Date of this Agreement or data not otherwise subject to the definition of “Derivative Work” in Lexipol’s General Terms and Conditions, is Agency’s property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. Agency’s purchase of LMS Subscription Services is also subject to the LMS Master Service Agreement located at: https://www.lexipol.com/lms-masterservice-agreement.

3.3 Grant Services. This Section applies when Agency subscribes to Lexipol’s Grant Writing, Consulting, and/or GrantFinder services, offered by Praetorian Digital. If Agency selects Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Praetorian Digital in a timely manner. All Agency materials must be received 5 days prior to the grant application close date, and Agency is responsible for all submissions of final grant applications by grant deadlines. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle. Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service. Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant. Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol/Praetorian Digital reserves the right to suspend all Grant services until payment is received in full and may terminate Agency’s access to GrantFinder, if applicable. Invoices over thirty (30) days past due shall be charged a twenty-five dollar ($25) late fee. Agency’s purchase of the Grant services is also subject to the GrantFinder Master Subscription Agreement located at http://www.lexipol.com/GTGF-Master-ServiceAgreement.

3.4 Cordico Wellness Applications. This Section applies when Agency subscribes to Lexipol’s Wellness Applications, offered by Cordico®, including but not limited to CordicoShield, CordicoFire, and all other Cordico products and services (collectively, the “Wellness Services”). The Wellness Services are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the Wellness Services (including, without limitation, all intellectual property rights), including all copies, updates, modifications, and versions thereof. Agency’s right to access and use the Wellness Services is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data collected through the Wellness Services remains Agency’s property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. In addition, upon termination of this Agreement for any reason, Agency shall lose access to all Wellness Services. Agency’s purchase of Wellness Services is also subject to Cordico’s Terms and Conditions located at https://www.cordico.com/terms-and-conditions/ and the Terms and Conditions set forth within each Wellness Application.
1146
Exhibit B
3 of 3

3.5 Generally; Injunctive Relief. Except as expressly provided herein, nothing in this Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscription Materials, Wellness Services, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in any software-based Subscription Services. Notwithstanding any other term or condition herein, Agency grants all rights and permissions in or relating to Agency Data as are necessary or useful to Lexipol to enforce this Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section 3 may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy.

4. Warranty Disclaimer. ALL SUBSCRIPTION SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS IS"

AND LEXIPOL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LEXIPOL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

5. Disclaimer of Liability. Agency acknowledges and agrees that Lexipol, its officers, agents, managers, and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Services or the Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials.

6. Limitation of Liability. Lexipol’s cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement, the Subscription Services, or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipol by Agency for the Purchased Subscription Services under this Agreement during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether Agency’s claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action.

7. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

8. Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof.

No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it.

9. Additional Terms and Conditions. Except as set forth above, this Agreement remains subject to Lexipol’s General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. 1147
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June 20, 2023
Police Department
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Proposed Agreements for Pre-employment Medical Screening with The Permanente Medical Group, Inc.,
Occu-Med, and DSI Medical Services Inc.

FINANCIAL IMPACT: The proposed three-year total expenditure of $180,000 will be paid annually in the amount of $60,000 from the Police Department’s budget for Fiscal Years 2022-23
through 2024-25 as follows:
$25,000/yr – The Permanente Medical Group, Inc.
($75,000 total)
$25,000/yr – Occu-Med ($75,000 total)
$10,000/yr – DSI Medical Services, Inc. ($30,000 total) Account String: 01191021-400201

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Police Department is requesting approval of three
individual contracts, each with a three-year term, with The Permanente Medical Group, Inc., Occu-Med, and
DSI Medical Services, Inc., to conduct pre-employment
medical screenings for sworn and non-sworn Police
Department applicants.

AGENDA
REPORT
1153

June 20, 2023
RECOMMENDED ACTION: APPROVE three contracts, each for a three-year term beginning June 1, 2023 and ending June 30, 2026, with
(1) The Permanente Medical Group, Inc. for a payment
limit not to exceed $75,000, (2) Occu-Med for a payment limit not to exceed $75,000, and (3) DSI Medical
Services, Inc. for a payment limit not to exceed $30,000, to provide pre-employment medical screening for sworn
and non-sworn Police Department applicants, for a total program cost not to exceed $180,000 – Police
Department (Chief Bisa French 510-621-1802).

DISCUSSION:

In 2021, the City of Richmond’s Police Department entered into agreements with The Permanente Medical Group, Inc. and DSI Medical Services, Inc. to provide preemployment medical screening for all applicants as part of the hiring process. The agreements with The Permanente Medical Group, Inc. and DSI Medical Services, Inc. have now expired. Following the expiration of these agreements, the Police Department engaged in an open and competitive process to solicit quotes for a team of preemployment medical screening vendors. A Request for Proposals was issued on February 6, 2023, calling for responses by February 24, 2023.

The Department received five proposals (The Permanente Medical Group, Inc., DSI Medical Services, Inc., Medical Center of Marin, Occu-Med, and Work Health). After review of the five proposals, the Police Department selected The Permanente Medical Group, Inc., Occu-Med, and DSI Medical Services, Inc. as their preferred vendors.

Work Health was deemed too expensive, and since Medical Center of Marin only has two locations, RPD staff felt that it would not be in the City’s best interest to engage their services when other vendors have regional offices throughout California.

The Police Department rated The Permanente Medical Group, Inc. and Occu-Med as their top two choices based on experience, cost, convenience, and ability to properly complete and process the required forms as required by the Commission on Peace Officer Standards and Training (POST). The Police Department rated DSI Medical Services, Inc. as their third choice. DSI Medical Services, Inc. will be used for nonsworn staff, since most non-sworn staff do not need to adhere to POST requirements.

The Police Department is recommending that City Council approve three contracts, each for a three-year term beginning June 1, 2023 and ending June 30, 2026, with (1) The Permanente Medical Group, Inc. for a payment limit not to exceed $75,000, (2) Occu-Med for a payment limit not to exceed $75,000, and (3) DSI Medical Services, Inc. for a payment limit not to exceed $30,000, to provide pre-employment medical screening for sworn and non-sworn Police Department applicants, for a total program cost not to exceed $180,000 .
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June 20, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract_Kaiser
Attachment 2 – Standard Contract_Occu-Med
Attachment 3 – Standard Contract_DSI
Attachment 4 – RFP
Attachment 5 – RFP Evaluation Matrix
Attachment 6 – RFP Responses
1155

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.
1156

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:

By:

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

By:

By: Title:

City Attorney
Date Signed:

(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
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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:

Police Department
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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 PAYMENT 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 Contractor 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 after 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. 1159
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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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, 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 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, 1161
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. 1162
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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these 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. 1163
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 1164
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1166
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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 1167
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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 1168
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1169
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

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

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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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 1171
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

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

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 1172
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. 1173
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):
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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.
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___ 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
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___ 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 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 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. 1177
___ 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.
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Proposal
Response to:

City of Richmond
Police Department
For:

DOT and pre-employment physical exams, drug testing,
immunizations and TB testing.

February 2023
Submitted By:

Kaiser Permanente
Joan Carson
1851 E. First Street, Ste. 1100
Santa Ana, CA 92705
Cell: 714-296-7333
[email protected]

EXHIBIT G
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A. Vendor Cover Letter
A cover letter should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood; • Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements
• (Attachment A) and in the sample Service Agreement (Attachment B); • Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed. • Stipulate that the proposal price will be valid for a period of at least 180 days. • Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company. • Proposer must have the qualifications and skills necessary to perform the services described in this RFP in a competent and professional manner without the advice or direction from the Police Department. The facility must be authorized to conduct DOT (Department of Transportation) Physical Examinations and Drug Testing. The Proposer warrants that all examinations and testing are performed by a qualified, licensed Physician, Nurse Practitioner, or certified Physician’s Assistant. Results of all testing will be sent to the Police Department’s designee, and said results are required to be disseminated in accordance with the HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule.
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February 24, 2023
City of Richmond Police Department
1701 Regatta Blvd.

Richmond, CA 94804
Proposal Submitted via: http://www.ci.richmond.ca.us/bids Dear City of Richmond Police Department,
Thank you for allowing Kaiser Permanente the opportunity to present a response to the City of Richmond Police Department for Occupational Health Services. Kaiser Permanente has been honored to provide health care to City of Richmond employees for several years; currently, approximately 54% of your population are Kaiser Permanente members. Kaiser Permanente-on-the-Job ® (KPOJ) currently provides injury care for many of your employees who seek care at our facilities for workplace injuries as well as Occupational Health Services for your Fire Department. Kaiser Permanente is committed to continuing our working relationship with the City of Richmond to assure the highest quality of health and safety for its candidates and employees.

Based on your request for proposal, we understand that you are seeking services for pre-employment and DOT (Department of Transportation) physical examinations, random drug testing, immunizations and infectious disease testing for City of Richmond Police Department candidates and personnel.

Please note, we are unable to provide the following services:
• 3-View Back X-ray
• Computerized Strength Testing
We are willing to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B).

Our proposed pricing as provided in Attachment is A is valid for 180 days from our submission.

We are very pleased to have responded and we trust you will find our reply informative and thorough. We are enthusiastic about the opportunity to work with the City of Richmond Police Department to provide services for your Occupational Health and Safety program.

Based upon your location, the primary office to provide these services is located here:

Kaiser Permanente Richmond
901 Nevin Ave
Richmond, CA 94801
Please see attachment, “KPOJ Facilities Map NCAL” for a complete list of facilities available to City of Richmond.

The following proposal will be valid for 180 days.

Qualifications
We have trained and certified physicians and other health care professionals at each of our occupational health centers who are qualified and dedicated to providing high quality services to your employees. 1181

The majority of our physicians are employees or partners of the Permanente Medical Groups. We recredential all physicians at least every 24 months.

We offer our health care professionals a broad training program, including specialized training in preplacement exams, both general and comprehensive, as well as the numerous types of examinations required by medical surveillance programs and regulatory requirements such as Department of Transportation/Department of Motor Vehicles (DOT/DMV).

All personnel performing audio screening are certified by the Council on Accreditation of Occupational Hearing Conservation (CAOCH); personnel performing spirometry screening (pulmonary function testing) are certified through a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course; and personnel performing breath alcohol testing are certified Breath Alcohol Technicians. In addition, all personnel who perform Department of Transportation (DOT) and non-DOT urine collections have completed a training course in compliance with 49CFR, Part 40 and the Department of Transportation regulations.

We require all physicians to fulfill Continuing Medical Education (CME) requirements. We also provide specialized programs for advanced practice nursing, medical technologists, and physical/occupational therapists that help fulfill their license requirements for CME.

Occupational Health Center Level
• Chief Physicians oversee the operations and services for occupational health centers. • Lead Physicians manage the occupational health center under the direction of the Chief Physician.
• Clinic Managers provide the day-to-day management of the occupational health centers. • Case Managers provide utilization management and review for work-related injuries and illnesses.

They help coordinate activity between the treating physician, the employer and the payer for the injured or ill worker. They may also help to facilitate return to work. • Medical Assistant/ Certified Occupational Health Technician (MA/COHT) a healthcare assistant who performs non-invasive routine technical support services under the specific authorization, supervision, and direction of and for a licensed physician. Kaiser Permanente On-the-Job has a specialized program to certify Medical Assistants for Occupational Health. The purpose is to credential Medical Assistants for knowledge and specialization in Occupational Health know as Certified Occupational Health Technicians (COHT).

Our physicians and staff are trained to recognize trends, perform site visits and make presentations to employer groups and follow-up with Occupational Health preventative recommendations. The advanced information and communication systems available at the clinic allow the staff effectively to interact with management and employees ensuring well-coordinated service with a high level of communication.

HIPAA
Kaiser Permanente has rigorous guidelines for protecting confidentiality. We adhere to state and federal patient confidentiality guidelines and are compliant with HIPAA Privacy Regulations. We regard all paper and electronic medical records as confidential. Unless required or allowed by law, records are released only with prior authorization from the patient or patient's guardian. Physicians and staff store, handle, and review medical records in a manner that controls access and protects confidentiality.

Electronic storage of health information makes it possible for the care provider in the medical office to have access to the same information as the specialist in the medical center across town, without the time consuming delays of transporting paper records from one location to another.

We have built into our electronic records system several confidentiality safeguards, including:
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