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: Sole-Source Contract with Community Violence Solutions (CVS) to Provide Counseling and Emergency Shelter
Services to Victims of Violence
FINANCIAL IMPACT: The proposed funding of $180,000 over the three-year contract will come from the Police Department’s
approved budget for FY2022-2023 and will be budgeted
for appropriately in upcoming budget submissions –
account string (01191021-400201).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Community Violence Solutions is a community partner
that will work with victims of violence and will provide emergency shelter and counseling services at the behest of Richmond Police Department Staff.
RECOMMENDED ACTION: APPROVE a three-year sole source contract with Community Violence Solutions (CVS) for counseling and
emergency shelter services to victims of violence, in an amount not to exceed $180,000, over the retroactive
contract term starting January 1, 2023, and expiring
December 31, 2025 – Police Department (Chief Bisa
French 510-621-1802).
DISCUSSION:
AGENDA
REPORT
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June 20, 2023
Community Violence Solutions (CVS), a rape crisis center serving all Contra Costa County law enforcement agencies, has partnered with the Richmond Police Department to expeditiously provide aid to victims of sexual assault related crimes, regardless of age, to assist with the lifelong impact of the crime.
A CVS Advocate is housed at the Richmond Family Justice Center (where the Richmond Police Department (RPD) Domestic and Sexual Violence Unit resides) and works closely with RPD Detectives to provide services to victims of crime involving sexual abuse and/or human trafficking. Services can include, but are not limited to, counseling/therapy, shelter, relocation, or job search assistance. The presence of a CVS Advocate in the Family Justice Center with RPD Detectives, allows the victims and their families to obtain the support they need timely and in one place.
The funding for this contract will be used to cover the cost of the on-site advocate, expenses related to court hearings and travel costs to/from, emergency shelter accommodations, and/or meals for the victims directly involved in the case.
Richmond Police Department staff members are recommending City Council approval of the sole-source contract as CVS is the only CalOES-funded rape crisis center in Contra Costa County. Furthermore, CVS is local, has partnered with all police agencies within Contra Costa County for numerous years, is well acquainted with RPD officers, and its staff are informed about the community and the victims they serve.
CVS has done its best to keep up with admin duties while struggling with a decrease in staff and a steady flow of victims during the COVID-19 Pandemic. RPD staff had requested a contract renewal prior to the calendar year-end 2022, but did not receive CVS’ agreement until May; therefore, RPD staff is requesting the contract will be approved with a term retroactive to January 1, 2023. RPD’s current FY2022-23 budget includes the funds to continue with CVS’ services without interruption.
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract CVS 060823
Attachment 2 – Executed Sole Source
Attachment 3 – Executed ATF
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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.
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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. 1408
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, 1410
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. 1411
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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. 1412
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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 1413
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1415
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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 1416
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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 1417
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1418
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1420
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. 1421
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. 1422
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. 1426
___ 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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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:
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 H
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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: Sole-Source Contract with Public Safety Family Counseling Group Inc. (PSG).
FINANCIAL IMPACT: Police department staff has budgeted $150,000 in its budget for Fiscal Year 2023-2024, and has $10,000 set
aside in its approved Fiscal Year 2022-2023 budget for
invoices to be approved prior to the end of the current fiscal year. The remaining expenditure will be included in the upcoming police department’s budget for the duration of the contract - account string 01191021 – 400201.
PREVIOUS COUNCIL
ACTION:
December 20, 2022
STATEMENT OF THE
ISSUE:
A similar contract for Public Safety Family Counseling
Group (PSG), Inc. was presented and approved by the
City Council on December 20, 2022. Following City
Council approval, the vendor requested modifications,
including an entity name change, a revised scope of work and other requirements which could not be incorporated
administratively. Since the requested changes deviated
from City Council’s delegation of authority, the December 20, 2022, contract could not be executed. The
modifications to that contract are now being presented to City Council for approval.
AGENDA
REPORT
1436
June 20, 2023
RECOMMENDED ACTION: APPROVE the revised sole source contract for services with Public Safety Family Counseling Group, Inc. to
assist police department staff in dealing with critical incidents and the mental health challenges involved with the police profession, for the period October 1, 2022, to June 30, 2026, in an amount not to exceed $460,000 –
Police Department (Chief Bisa French 510-621-1802).
DISCUSSION:
The Richmond Police Department is requesting approval of a slightly modified version of the contract with Public Safety Family Counseling Group (PSG), Inc. that was approved by City Council on December 20, 2022. The contract, in the form approved by City Council, could not be executed because the vendor requested several changes which could not be incorporated administratively without exceeding City Council’s delegation of authority.
The revised contract is similar in scope to the contract presented to City Council on December 20, 2022. PSG will provide police department personnel with mental health and officer wellness services. PSG services will include Peer-Support training, Critical Incident Stress Debriefs, 24 hours per day on-call availability, and personal one-on-one professional clinical mental health counselling. Both the term and cost of service are the same as the contract previously approved. The term runs from October 1, 2022, to June 30, 2026, and remains set at an amount not to exceed $460,000 with payments proportionately due over the life of the contract.
Due to the nature of the requested work, doctor-patient confidentiality, and access to medical records, RPD staff is requesting that the City Council approve the revised form.
The vendor requested modifications were negotiated and approved, subject to City Council approval. Among the changes were modifications to the handling requirements for patient records and document control to ensure compliance with medical privacy laws. Modifications to the insurance provisions and a corporate name change that were not captured on December 20, 2022, are also incorporated.
We are asking for a contract with a retroactive start date due to an incident that took place in the latter half of 2022. An officer was going through a mental health crisis and the City’s Employee Assistance Program (EAP) was inadequate to help the officer. RPD staff was referred to Public Safety Family Counseling Group Inc. as it is the only law enforcement focused counseling service within the County. RPD staff has completed and attached an After the Fact form.
DOCUMENTS ATTACHED:
Attachment 1 – Revised Standard Contract Final
Attachment 2 – Executed Sole Source Form
Attachment 3 – Executed After the Fact Form
1437
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.
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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. 1441
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, 1443
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. 1444
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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. 1445
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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 1446
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1448
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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 1449
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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 1450
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1451
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1453
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 1454
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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. 1455
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):
1456
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
(CONTINUED)
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
1457
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.
The terms "original" and "signed" as utilized in the attached insurance provisions include electronic versions of the same.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work, however, said coverages shall not be altered following execution of this contract and acceptance of Contractor’s insurance.
Automobile liability coverage is waived.
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Professional Services
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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; however, said coverages shall not be altered following execution of this contract and acceptance of Contractor's insurance. 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; however, said coverages shall not be altered following execution of this contract and acceptance of Contractor's insurance.
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.
The parties agree that the terms "original" and "signed" include and permit electronic copies of the same.
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___ 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. 1460
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Professional Services
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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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Public Safety Family Counseling Group, INC. (Consultant) Scope of Services
SCOPE OF SERVICES
The primary purpose of this service contract is the ongoing support, training, and oversight of the Richmond Police Department (Police) peer support team, Critical Incident Stress Management (CISM) programs, and facilitation of the emotional wellness of Police personnel while providing 24/7/365 response and support services to Police employees. All services listed herein are limited to the Richmond Police Department and Richmond Police Department employees except as listed in sections 3.3 and 3.4.
SERVICES
1. 24/7 On-Call/Standby Availability
1.1. Consultant will be available 24 hours a day, 7 days a week for Crisis Response and Stabilization Services for Police Department personnel.
2. Unlimited Crisis Response and Stabilization services. Such services may include, but are not limited to critical incident stress debriefings, crisis management briefings, on-site response, crisis intervention, and in person consultation as necessary following extraordinary events encountered by Police’s personnel or impacting the performance of Police personnel’s duties. Crisis Response and Stabilization services also include Consultant’s expert response to and intervention with personnel experiencing a suicidal crisis.
2.1. Crisis Response and Stabilization Services may be rendered at Police’s offices, in the field, at Consultant’s offices, virtually, or any other location as deemed necessary, approved by, and agreed upon by Consultant and Police.
2.2. In the event that Consultant is requested to respond to an active scene or incident, Police personnel shall accompany Consultant when requested.
2.3. In the event of a catastrophic incident, loss of life, significant injury to personnel, or other major incident, Critical Incident Stress Management services will be extended to spouses and significant others of Police personnel.
3. Individual Crisis Stabilization and Counseling Services
3.1. Consultant will provide Individual Crisis Stabilization and Counseling Services as requested for Police personnel, including 24/7 availability as needed.
3.2. Consultant will provide first responder specialized support and individual crisis intervention and, as necessary, appropriate professional referrals to Police’s employee assistance program or other suitable venue as necessary subject to the terms below.
3.2.1. Individual crisis intervention is defined as up to twenty (20) one-hour, one-on-one crisis intervention sessions per year without the need for referral or authorization from Police.
Such sessions may be provided either in-person at Consultant’s offices or virtually as determined by the treating clinician and individual seeking services.
EXHIBIT G
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3.2.2.In the event that employee self-refers, or is directed or referred by Police, because of a suicidal crisis, services shall be rendered without regard to session or time limits until one of the following occurs. The suicidal crisis is stabilized, abated, or the affected employee is referred to a higher level or other suitable care.
3.2.3. Referrals to third party services such as employee assistance programs, outside wellness training, or recovery/treatment retreats are not covered under this Agreement and are subject to other agreements between Police and the third-party provider.
3.3. Consultant will provide up to five (5) individual transition specialized sessions for retired Police personnel or Police personnel approaching retirement in order to help with the adjustment from active to retired status.
3.4. Consultant will provide up to five (5) individual sessions for Police employees placed on administrative leave in order to facilitate healthy coping and transition through any related process. Sessions will specifically focus on preparing personnel to return to duty following administrative leave or, where warranted, their transition out of the Department. These sessions may be used post separation for personnel leaving the Department for reasons other than retirement.
3.5. Consultant will provide one (1) session for any new Police hire and their spouse or significant other in preparation to attend a POST Basic Academy in order to facilitate resiliency and successful completion of their training. This session should occur either just prior to or within the first two weeks of starting the academy. One (1) additional session may be offered to the new Police employee when entering the Field Training Program.
4. Workers Compensation
4.1. While Consultant does not accept Workers Compensation cases, Consultant will provide up to five (5) individual sessions for injured personnel with the goal of transitioning to the Workers’ Compensation process, if requested. The Consultant shall not treat, diagnose, or otherwise engage or interfere in any part of the formal Workers Compensation process, treatment, or legal process. Consultant shall not provide reports of these sessions to the Police or any other party without a properly executed release, legal mandate, or court order.
5. Telephone, email, and virtual Consultations
5.1. Expert collaboration with Police Personnel regarding issues related to Critical Incident Stress, crisis intervention, education needs, organizational matters, disciplinary matters, terminations, or separation from service, and other psychological services as requested.
5.2. Provide on-going consultation to the Police’s Peer Support Team on topics including, but not limited to, program development, team selection, and team operations.
5.3. Consult with Police Personnel regarding critical incident stress management support education services for line, supervisory, and management staff as requested.
5.4. Unlimited telephone, email, and virtual consultations are provided as “Base Services” under this agreement.
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6. Peer Support Team Member Services
6.1. Consultant will provide four (4), one-on-one check-in appointments per year for each Police peer support team member, coordinator, and liaisons for the purpose of fostering professional wellness in their assigned role and to support positive wellness habits.
7. Training Services
7.1. Introductory Program Presentations
7.1.1. Consultant will conduct up to eight (8), introductory Police patrol briefing presentations for the purpose of introducing Consultant’s firm, services, and program goals. Consultant will solicit and compile peer support team member nominations following a blind nomination process as requested by Police.
7.1.2. Police agrees to make arrangements for professional, non-sworn, and other administrative personnel to attend one of the aforementioned trainings.
7.2. Command Presentation and Training
7.2.1. Consultant will conduct one 1-hour presentation for Police Command Staff as requested in order to familiarize them with CISM and peer support team program goals and operations.
7.3. Supervisory Presentation and Training
7.3.1. Consultant will conduct one 2-hour presentation for Police first line supervisory staff as requested in order to familiarize them with identifying employees in crisis, CISM, and peer support team program goals and operations.
7.4. Line Personnel Training
7.4.1. Consultant will provide up to four (4), four-hour training blocks per year covering CISM, wellness, and resiliency for Police line level personnel.
7.4.2. Training will be presented at Police facilities, or other suitable facilities arranged and paid for by Police, and may be open to outside agencies upon Police’s request with Consultant approval.
7.5. Spouses Program Training and Consultation
7.5.1.Consultant may provide up to two (2) four-hour training blocks during a Police Spouse’s Academy or Family Day event. Such training will be custom tailored to issues facing spouses or families and may include specialized topics as requested by Police.
7.6. Regional Peer Support Continuing Education Training
7.6.1. Participation in Regional Peer Support Continuing Education Training for all Police designated liaisons, coordinators, and peers is included as a Base Service. 1464
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7.6.2. Participating agencies share a rotating responsibility for hosting Regional Peer Support and Coordinator Meetings. Responsibility for hosting said trainings and meetings is split among participating agencies on a rotating basis.
7.6.3. Regional training may be offered in person or via a virtual electronic platform.
7.7. Peer Led Trainings
7.7.1. Upon request, Consultant shall design and supply two (2) 15-minute training programs designed to be presented by Police peer support team members during briefing or other short format gatherings. These training programs shall be designed to enhance resiliency, increase mental wellness, and/or address specific problems within the agency or industry as a whole (i.e., healthy alcohol consumption, dealing with personal crisis, available CISM resources). Consultant will train designated personnel in the delivery of this training program.
7.7.2. Upon request, Consultant shall design and supply one (1) Police new hire training and orientation program designed to be presented by peer support team members during the first few weeks of a new employee’s orientation to the Police. These training programs shall be designed to increase stress awareness, understand the negative impacts of longterm stressors, enhance resiliency, increase mental wellness, orient new employees to peer support and other wellness resources within and outside of the agency, and/or address specific topics as requested by Police. Consultant will train designated Police personnel in the delivery of this training program.
7.8. Consultant will provide up to two (2) “Blue Sky” Strategic Planning Sessions per fiscal year.
Blue Sky sessions may be utilized by any work group within the Police Department; however, they are highly recommended for Peer Support Team program planning and development.
7.9. All training requests must be submitted at least 90 days in advance.
8. Meetings
8.1. Consultant will help facilitate and attend regular peer support team meetings exclusively for Police’s peer support team members. Said meetings shall be set up by a Peer Support Team Coordinator or Liaison and should occur once per quarter. These meetings may be held/attended in-person or virtually.
8.2. Consultant will help facilitate and attend Police peer support team coordinator and liaison meeting as requested. Said meetings shall be set up by a peer support team coordinator or liaison.
These meetings may be held/attended in-person or virtually.
8.3. Consultant shall attend Police Command Staff meetings as requested for the purpose of discussing and making recommendations as to CISM, wellness, and peer support needs within the Department.
8.4. Consultant shall attend Police Supervisory Staff meetings as requested for the purpose of discussing and making recommendations as to CISM, wellness, and peer support needs within the Department.
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8.5. Consultant may provide or attend additional Police meetings or other gatherings beyond those outlined above as requested by Police.
8.6. Consultant may prepare and provide presentations on topics of concern, within Consultant’s specialty, as requested at any of the aforementioned meetings.
8.7. Having Consultant periodically attend Police Command and Supervisory meetings provides the opportunity to embed wellness and mental health resources within the culture of the Department thereby enhancing the acceptance and delivery of Consultant’s resources. It also allows for the discussion of sensitive or challenging issues facing the Department, as well as the identification of future challenges. Clinical presence at the command level helps serve as a reminder of the importance of wellness and resiliency that can then be modeled to the rest of the Department in order to enhance and promote a culture of resiliency and wellness. Additionally, it allows for the presentation of current research, industry trends, and other pertinent information in a timely manner allowing for rapid implementation and response to emerging issues.
9. Policy Development and Review
9.1. Consultant will supply Police with a Sample Peer Support Policy and assist Police personnel with review and recommendations for creating a comprehensive Peer Support Team and CISM Policy.
9.2. Police shall have their own City Attorney and/or risk manager review any recommended policy prior to implementation. Police is responsible for ensuring that any proposed policy is compliant with city, state, and federal law.
10. When Police requests services to be rendered onsite, Police shall make suitable space available to Consultant. When suitable space is not available, Police shall make other location arrangements appropriate for the services to be rendered.
11. When Consultant is unavailable or unable to render services as indicated above, Consultant shall make necessary arrangements for referral to appropriate mental health professionals for coverage and make contact information available to Police personnel.
12. Consultant shall not be responsible for computer, video, audio, or other technological needs for Police or Police’s personnel to attend training or access services.
1. ADDITIONAL SERVICE TERMS Services may be rendered in-person, via telephone, email, or virtual platform based on the specific circumstances, nature, and needs of the service, Police, and Consultant. Response services shall be provided in-person except under extraordinary circumstances.
2. Regional Peer Support Continuing Education Training may be provided in person or virtually and may be rescheduled, postponed, or cancelled for extraordinary events.
3. In the extraordinary circumstance that Consultant is unavailable or unable to provide 24/7 standby/oncall availability, Consultant shall make necessary arrangements with appropriate mental health professionals for coverage and any expense incurred by Consultant in doing so shall be the sole responsibility of Consultant.
4. Copyright and Right of Use
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4.1. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes or any original works of authorship created by Consultant or its subcontractors or subconsultants in connection with services performed under this Agreement shall be deemed the exclusive intellectual or otherwise licensed property of Consultant and Consultant shall retain all rights therein except where provided by a separate agreement.
5. Third Party Insurance Verification
5.1. Consultant shall not be required to comply with third-party insurance verification or compliance services. Consultant shall supply copies of required insurance to City prior to payment for City’s review and acceptance. Specialized terms, clauses, language, or coverages are not available under this Agreement.
6. HIPAA Requirements
6.1. Confidentiality of Consultant’s services and records are governed by State and Federal statues, court decisions, ethical standards, and generally accepted business practices for their profession.
Notwithstanding any other section of this Agreement, no record or other identifying information, including but not limited to HIPAA protected information shall be released without a valid court order, written authorization from the individual(s) affected by the information release, or other legal authority compelling release of such information. Additionally, compliance with any audit or inspection requirement contained herein necessitates an investment of Consultant’s time, efforts, and resources in order to maintain the required confidentially of records subject to audit or inspection and as such, shall be considered billable hours and compensated according to this Agreement. This section shall supersede all other sections and shall survive termination, cancellation, or expiration and remain in effect indefinitely.
7. Confidentiality of Consultant’s Information
7.1. The terms of this Agreement are considered public information pursuant to the California Public Records Act (Government Code section 6250 et seq.). The Parties agree to exercise at least the same care, legal and professional standards, security, and confidentiality for any confidential information received from the other party as they would for their own confidential and protected information.
8. All services are subject to suitability for any given circumstance based on the professional clinical judgement of Consultant, in compliance with the Standard of Care, Professional Ethics, and legal standards of the Consultant’s profession. Services may be adjusted, altered, or declined when/where deemed necessary based on the presenting circumstances and the servicing clinician’s judgement.
Alternative resources may be provided where appropriate.
8.1. Referrals to third party services such as employee assistance programs, outside wellness training, or recovery/treatment retreats are not covered under this Agreement and are subject to other agreements between Police and the third-party provider.
9. Billing and Invoices
9.1. Consultant shall endeavor to provide a monthly utilization statement to the Police no later than the 10th day of each month following the month in which services are provided. The utilization will include a description of services rendered and the date on which such services were 1467
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provided. Due to HIPAA restrictions individual client information will at no time be included in accounting information. Utilization statements shall be combined with monthly invoices for convenience.
9.2. Police shall ensure timely requests for and utilization of Consultant’s services. Any services not utilized within any Calendar Year while this Agreement in effect are non- refundable and will be lost as of December 31st of each year this Agreement remains in effect. Failure of Police to utilize Consultant’s services in a timely manner shall not be cause for a refund or extension of time.
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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:
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)
DocuSign Envelope ID: 1781C552-2E52-4053-B70B-C65DB5DD9EF7 June
Operations Manager
Brentwood
Public Safety Family Counseling Group, Inc.
2023
Public Safety Family Counseling Group, Inc.
6/1/2023
Scott Dansie
1st
EXHIBIT H
1469
1470
1471
1472
1473
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: First Contract Amendment with Richmond Rod and Gun Club for Use of their Facility Rental
FINANCIAL IMPACT: None.
PREVIOUS COUNCIL
ACTION:
April 18, 2023
October 5, 2021
STATEMENT OF THE
ISSUE:
Following City Council approval of the proposed first
contract amendment with Richmond Rod and Gun Club,
the facility owner requested a waiver of the insurance
provisions outlined in Exhibit F. As a result, the first contract amendment approved by City Council on April
18, 2023, was not executed. City staff is amenable to the change and now submits a revised version of this
proposed first contract amendment to City Council for
approval.
RECOMMENDED ACTION: AUTHORIZE and APPROVE a first contract amendment with Richmond Rod and Gun Club to increase the
compensation by $40,000, for a total contract amount not to exceed $75,000 – Police Department (Chief Bisa
French 510-621-1802).
AGENDA
REPORT
1474
June 20, 2023
DISCUSSION:
On April 18, 2023, the City Council authorized the City to enter into a first contract amendment with Richmond Rod & Gun Club (“RR&GC”) to allow the Richmond Police Department (RPD) to increase its usage of the facility. The increase in usage was necessary to allow for additional SWAT training opportunities and to expedite new hire onboarding qualification requirements. The additional contract compensation for the increased usage was $40,000.
The proposed amendment approved by City Council could not be executed because after City Council’s action, RR&GC requested a waiver of the contract’s insurance provisions. RPD staff has consulted with the City’s Risk Management division, and they have agreed to the waiver.
Richmond Police Department sworn staff will be utilizing the facility owned and maintained by RR&GC. As a condition to utilizing that facility, RR&GC is requiring the City to rely on its own insurance coverage in the event of an incident. Given the critical need for the training facility, the City is willing to rely on its own coverage. Accordingly, RPD staff is requesting the City Council’s review and approval to document the attached insurance waiver within a revised first contract amendment to be signed by both parties.
DOCUMENTS ATTACHED:
Attachment 1 – Revised First Amendment to the Contract
Attachment 2 – Original Contract
Attachment 3 – Insurance Waiver
1475
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Police Sgt. F. Rivera [email protected] (510) 620-6663 5897 5854 Shooting facility for police training and practice - including new hire qualifications and ongoing special teams trainings. ✔
1 Richmond Rod & Gun Club
3155 GOODRICK AVE. Richmond, CA 94801 Edward Tung (510) 621-3120 [email protected] 4000-0506 December 31, 2023 ✔ October 5, 2021 July 1, 2021 June 30, 2024 35,000.00
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Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Richmond Rod & Gun Club 1477
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
1 5854
Richmond Rod & Gun Club
40,000.00 75,000.00
This contract amendment is hereby removing the insurance requirements listed on the Original Executed Contract as Exhibit F, Insurance Provisions, and replacing with Exhibit A-1, Insurance Provisions, attached to this Contract Amendment No. 1. 1478
For the Contract between the City of
Richmond and
Short Form Contract Insurance Provisions/EJ/TE 11-30-07
INSURANCE PROVISIONS
1. Insurance Requirements – During the Term of this Contract, the City’s Insurance Requirements are hereby waived.
2. Waiver of Liability – As a condition of this Contract, the Contractor, its officers, agents and employees, hereby waive any and all rights to seek recovery for loss or damages of any kind against the City of Richmond, its officers, agents, and employees arising out of the goods or services provided under this Contract. This waiver of liability shall survive the expiration or termination of this Contract.
EXHIBIT A-1
Richmond Rod & Gun Club 1479
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.
POLICE SGT. RIVERA [email protected] (510) 620-6663 5897 Shooting facility for police training and practice. Richmond Rod & Gun Club 3155 GOODRICK AVE. Richmond, CA 94801 Vince Sargentini (510) 621-3120 [email protected] 4000-0506 December 31, 2021 July 1, 2021 June 30, 2024 35,000.00 ✔ DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1480
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
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 11/1/2021
General Manager
Mayor
1481
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:
RPD
PROVIDE TRAINING FACILITIES FOR RPD USE ON ARRANGED DATES AND TIMES.
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1482
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.
SGT. RIVERA
Richmond Rod & Gun Club
POLICE SGT. RIVERA
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1483
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:
Richmond Rod & Gun Club Richmond Rod & Gun Club SGT. RIVERA 1701 REGATTA BLVD. Vince Sargentini 3155 GOODRICK AVE. Richmond, CA 94801 DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1484
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, 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, DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1485
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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.
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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.
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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 DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1488
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1490
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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 DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1491
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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 DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1492
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1493
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1495
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1496
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.
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1497
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):
NONE
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1498
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.
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1499
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
RICHM-1 OP ID: RW
07/16/2021
ISU Lovering Ins. Services
P. O. Box 699
1121 Laurel Street
San Carlos, CA 94070-0699
650-593-7601 650-593-7410
Philadelphia Indemnity Ins. Co
State Compensation Ins. Fund Richmond Rod & Gun Club, Inc. 3155 Goodrick Avenue
Richmond, CA 94801
A X 1,000,000
PHPK2170750 08/23/2020 08/23/2021 100,000
5,000
1,000,000
2,000,000
X 2,000,000
A 1,000,000
PHPK2170750 08/23/2020 08/23/2021
X
A X X 4,000,000
PHUB735132 08/23/2020 08/23/2021 4,000,000
X 10,00
B X
9258859-19 08/06/2020 08/06/2021 1,000,000
1,000,000
1,000,000
Evidence of Insurance only.
RICHM-2
Richmond Police Department
1701 Regatta Blvd,
Ricmond, CA 94804
650-593-7601
35076
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1500
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 1501
For the Contract between the City of
Richmond and
Short Form Contract Insurance Provisions/EJ/TE 11-30-07
INSURANCE PROVISIONS
1. Insurance Requirements – During the Term of this Contract, the City’s Insurance Requirements are hereby waived.
2. Waiver of Liability – As a condition of this Contract, the Contractor, its officers, agents and employees, hereby waive any and all rights to seek recovery for loss or damages of any kind against the City of Richmond, its officers, agents, and employees arising out of the goods or services provided under this Contract. This waiver of liability shall survive the expiration or termination of this Contract.
1502
June 20, 2023
Public Works
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Carl Capistrano, Facilities Maintenance Superintendent
Subject: Contract with International Fire Equipment Company, Inc.
FINANCIAL IMPACT: The funds expended for this contract will be from budgeted fiscal years 2023-2024 through 2025-2026.
Department of Public Works (01232331-400524)
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
ISSUE:
City staff is requesting approval to contract with
International Fire Equipment Company, Inc. to provide
fire extinguishers, fire suppression system, and fire
sprinkler testing and repair services in City-owned
buildings.
RECOMMENDED ACTION: APPROVE a contract with International Fire Equipment Company, Inc. to provide fire extinguisher, fire
suppression system, and fire sprinkler testing and repair services in City-owned buildings, in an amount not to
exceed $100,000 over a three-year period, with a term
beginning July 1, 2023, and ending June 30, 2026, with
an option to extend an additional two-years, for a total amount not to exceed $70,000 for the additional two-year period – Public Works (Daniel Chavarria 510-620-
5478/Carl Capistrano 510-620-6896).
AGENDA
REPORT
1503
June 20, 2023
DISCUSSION:
The Department of Public Works is requesting approval of a multi-year contract to provide fire extinguishers, fire suppression system, and fire sprinkler testing and repair services. The fire suppression system in City-owned facilities require annual and fiveyear testing, which are mandated by local, state, and federal authorities.
On March 29, 2023, the City issued a Request for Qualifications (RFQ) for fire extinguishers, fire suppression system, and fire sprinkler testing and repair services where 105 vendors were notified. On April 17, 2023, two bids were received and evaluated.
The Department of Public Works recommends approval of a contract with International Fire Equipment Company, Inc. because they are the most qualified. International Fire Equipment Company, Inc., has successfully serviced the City’s fire extinguishers, fire suppression system, and fire sprinklers for the past five years. Their technicians are familiar with our facilities and have a good rapport with City staff.
The contract with International Fire Equipment Company, Inc. is requested in an amount not to exceed $100,000 over a three-year period, with an option to extend an additional two-years, in an amount not-to-exceed $70,000 for the two-year period. The term of the contract will begin July 1, 2023, and end June 30, 2026.
DOCUMENTS ATTACHED:
Attachment 1 – International Fire Equipment Company Inc. Contract Attachment 2 – Request for Proposal
Attachment 3 – Response to Request for Proposal
Attachment 4 – Bids Online Project Report
Company
Experience
40 Points
RFP Responses
30 Points
Pricing
30 Points Total Points
Community Fire Protection 28 27 21 76
International Fire Equipment 38 27 29 94
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Attachment 2
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1552
City of Richmond
Request for Qualifications
For
Fire Extinguisher, Fire Suppression System,
and Fire Sprinkler Testing Services
Quotes must be submitted
no later than 2:00 p.m.
Monday, April 17th, 2023
Questions regarding this RFQ can be made to:
Carl Capistrano, Facilities Maintenance Superintendent
(510) 620-6896
Department of Public Works
City of Richmond / Public Works Department
# 6 13th Street
Richmond, CA 94801
Attachment 3
1553
Purpose
The City of Richmond is inviting Qualified Service Providers to reply to a Written Request for Qualifications (RFQ) to provide mobile, on site, portable fire extinguisher recharging services, fire suppression system testing and repair services, and provide related products.
The Qualified Service Provider list will remain in effect for three years, with a not to exceed amount of $100,000.00 over a three-year period. After three years the list may be updated and / or have a possible two-year $60,000 extension with Department Head approval.
Service providers who wish to participate must meet certain criteria, such as; possess the appropriate California State Contractors license, be a member in good standing with the California State Licensing Board, be a member in good standing with the Better Business Bureau, be registered with the City’s “Bids Online” program, and have all required licenses and permits, and insurance.
Depending on the nature of service requested, a competitive bid may be solicited for a specific work request prior to commencing work.
Submission of Proposals
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 2:00 p.m., on April 17, 2023.
The City of Richmond reserves the right to waive inconsequential irregularities.
Scope of Work and General Conditions
The City of Richmond desires to engage qualified service providers to provide annual or fiveyear fire sprinkler system inspections and/or certifications, on-site services for recharging of portable fire extinguishers in City owned buildings and provide related fire safety products.
Services may include but are not limited to:
• Annual Maintenance and Recharging Service of Portable Fire Extinguishers • Monthly, Yearly, and Five-Year Inspections
• Fire Department Inspection-Notice Correction
• Testing and repairs to fire sprinkler systems and/or kitchen fire suppression systems • Installation of Extinguisher Cabinets
• D.O.T. Hydrostatic Testing
• Fire Hoses – Inspection
1554
Products may include but are not limited to:
• Fire Extinguisher types (others may be needed)
o ABC Dry Chemical Fire Extinguisher, 2 ½-, 5-, 10- and 20-Pound Models (Vehicle Bracket Available)
o Standard (BC) Dry Chemical Fire Extinguisher, 2 ¾-, 5 ½-, 10- and 20-Pound Models o Purple K Dry Chemical
o Halotron
o Carbon Dioxide
o Water and Water Mist
o Wet Chemical
o Class D Dry Powder
• Cabinets for Fire Hoses and Extinguishers
• Emergency Exit Signs and Lighting
• Fire Hoses
• Flame Retardant
• Local Alarm (LA-9V) "Small Day Care"
• Smoke Detectors
• ABC Dry Chemical
• Standard (BC) Dry Chemical
City owned structures that may require service include, but are not limited to:
o Civic Center Campus
o Libraries
o Community Centers
o Aquatics Facilities
o Fire Houses
o Police Stations
o Corporation Yards
• All Services shall be completed in an efficient and professional manner. The Service Provider shall provide all labor, materials, and equipment. The service shall meet the satisfaction of the Facilities Maintenance Supervisor, Fire Marshall, Building Regulations Department, or other City designee.
• All work and materials shall be in accordance with the City’s Fire Marshall and Building Regulations Department. Any and all applicable permits and fees shall be the responsibility of the service provider.
• All equipment used on-site will be supplied by the service provider, and all equipment shall be maintained in good working order. Equipment used for all projects shall be within industry standards.
• There shall be adequate personnel for the service provided. All persons shall wear clothing with markings identifying the service provider. All employees shall have the necessary safety equipment on site per local City, State, and Federal standards. 1555
• The Service Provider shall provide and maintain, in accordance with Labor Code section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the work. • All works areas shall be kept clean and neat.
• The Service Provider shall deliver exceptional customer service, and shall meet or exceed industry standards of workmanship.
• The Service Provider agrees to disclose an annual report to the City of Richmond Public Works Department which includes, but is not limited to the number, type, and cost of service provided for each structure.
Hours
The Service Provider shall be available during normal business hours 8:00am – 5:00pm, Monday through Friday, 52 weeks per year, excluding holidays. In addition … • Scheduling of services must be available within 48 hours notice by the Facilities Maintenance Supervisor, Fire Marshall, Building Regulations Department, or other City designee.
• Two (2) failures to show will result in being removed from the qualified service provider list.
Warranty / Guarantee
All work furnished under these specifications shall be guaranteed by Service Provider against defects in materials and/or workmanship for a minimum of thirty (30) days from date of acceptance. The Service Provider shall repair or replace any such item(s) necessary during the guarantee period at the Contractors own cost and expense without cost to the City.
Special Conditions
• Occasionally, for larger repairs or replacements, competitive bidding may be required prior to service. Pre-qualified service providers will be asked to visit a selected job site with a representative from the Maintenance or Facility Department. At this time, each service provider will be informed of what the project is and what the problems are. It then will be the service provider’s responsibility to develop a scope of work in writing of how the project will be completed, including a cost for labor, materials, and equipment. • All work and materials shall be in compliance with regulations of all applicable codes and standards of governing authorities having jurisdiction, including provision for adequate protection to persons and property by means of insurance, bonding, traffic, etc.
1556
• All applicable permits and fees shall be the responsibility of the service provider. • Services provided shall be subject to general oversight, quality assurance, and final acceptance by representatives of the “City”, including, but not limited to, Facility Maintenance staff, Building Regulations officials, Fire officials, and/or other City representatives.
Qualifications Criteria
Statement of qualifications shall relate specifically to the following items, listed in general order of importance, for evaluation and selection purposes. • All permits, licensing, and insurance required for projects must be obtained by the service provider.
• All employees must conduct themselves courteously and professionally and be drug and alcohol free while working for the City of Richmond. The service provider is required to provide a copy of their policy on substance abuse. • After hours service potential
• The service provider is licensed and in good standing with the California State Contractors License Board.
The service provider must be registered with the City of Richmond’s “Bids Online” program.
Content of RFQ Response
The service provider’s response shall include the following. • Experience.
• Description of services performed.
• Cost estimate for services performed, including hourly or daily rates where appropriate.
• Names and contact information managers and supervisors. • Description of vehicles and equipment to be used.
• Description of current financial status. Examples would be Gross Sales, Years of profitable and successful operation etc.
• Brief assessment of the present workload capacity.
• List of three (3) verifiable current business references. • Verification of California State Contractors License ( if applicable) • Verification of City of Richmond Business License
• Verification of compliance with City ordinances (ban the box) 1557
Evaluation
Service Providers will be evaluated on the following:
• Experience
• References
• Licensing and certification
• Compliance with City ordinances
• Answers to Supplemental Questions
• Response time
• Cost
Evaluation and Selection
• RFQ responses should be concise, well organized, and brief as possible according to the requested information. The review process places considerable emphasis on the responsiveness to the RFQ response to the requirements outlined above. RFQ responses that are not written specifically to this response to this request cannot be given serious consideration.
• All RFQ responses will be evaluated on the basis of the criteria listed above in the qualifications section of this RFQ. All service providers that provide a RFQ response will be notified when selections are made.
• All firms under consideration of this RFQ will be evaluated by an evaluation committee.
The City reserves the right to request supplemental information that the Evaluation Committee deems necessary to make a selection. The Committee may be supplemented by outside professionals, or professionals from other City departments who can provide additional expertise.
The Selection Committee will evaluate the proposals based on the following factors:
a. EXPERIENCE 30 points
• Past, recently completed, or on-going projects that will substantiate experience • Understanding of the nature and extent of the services required • References
b. QUALIFICATIONS 30 points
• Professional experience and qualifications of company • Response time to emergency and after hour requests
• Ability to perform on short notice and under time constraints • Licensing and Certification
c. ORGANIZATION 20 points
• Available staff and specialized resources, if any
• Capacity and flexibility to meet schedules, including any unexpected work 1558
• Answers to Supplemental Questions
d. COST 20 points
• Proposed rates and fees
Compliance with City Ordinances
o The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter
2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
Reservation of Rights by the City
• The City is no obligation to accept any submittal or to negotiate with any service provider. The City reserves the right to accept submittals which are deemed most favorable and in the best interest of the City after all submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the best service provider suited for the City.
• The issuance of this RFQ and the acceptance of an RFQ response does not constitute an agreement by the City that any contract shall actually be entered into by the city.
The City expressly reserves the right to:
• Waive any immaterial defect or informality in any RFQ response or proposal procedure.
• Reject any or all RFQ responses.
• Reissue a RFQ.
• Procure any service by any other means.
• Request additional information and data from any or all companies. • Negotiate with any qualified service provider.
• The City may confirm any information provided in the service providers submittal, or inspect any of the service providers facilities that would be utilized in connection with performing services under any resulting contract.
Required Documents Submitted with Quote
1. Background of company with indication of how long company has been a successful established business, and the completed to supplemental question section.
2. Proof of licensing and certification.
3. Your company’s substance abuse policy.
4. Your company’s injury & illness prevention policy.
5. A blank copy of your company’s employment application. (It will be used to verify compliance with the City’s “Ban the Box” ordinance).
3. References – a minimum of three (3) verifiable references from local municipalities, building authorities, counties, utility districts, school district, transportation authority, housing authority, or other organization with a similar facility complex. 1559
Required Documents upon Award
Within five days of award, the awarded contractor must sign the purchase of services contract and submit the following documentation. Other documentation may also be needed, and will be noted in the final contract.
• Sign the City’s Purchase of Services Contract – Attachment A • Provide a “Certificate of General Liability Insurance” with an attached “additional insured endorsement” that names the City of Richmond as additional insured. – Attachment B • Provide a copy of a current “Business License “with the City of Richmond, which will remain in effect for the duration of the project.
Questions
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 12:00pm PST, on April 10, 2023. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by April 11, 2023. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
Terms
By submitting a response, as a bidder, declares this quote is made without collusion with any other person, firm or corporation; that bidder has carefully studied the proposed minimum specifications and scope of work and bidder proposes and agrees if this quote is accepted that they will supply and service the City of Richmond.
The City of Richmond reserves the right to reject any or all quotes. In case of default, the City of Richmond may procure its materials/services from other sources and shall hold the original bidder or contractor liable for resulting increased costs. Quantities and optional items listed are the City’s best estimate for Quote purposes, actual order quantities and options may vary. 1560
Quote Section
(This page is required to be submitted with Quote)
License
The undersigned hereby declares that he is a Contractor and has been in business for 47 years with store front; has a valid State of California Contractor's License sufficient to qualify as Contractor in this case, and a current City of Richmond, CA Business License (needed upon contract award); and will obtain all required permits.
California Contractors License Number: 963282
Expiration Date: 07/31/2023 Classification Number: C16
Name: _Peter Duerigen Signature: ____ ________________________ Title: __Manager ________________
Service Contact Information
Contractor shall indicate person and phone number to contact for during normal working hours repairs:
Hood / Fire Suppression & Fire Extinguishers: Nicole Rivera 510-237-5000 Fire Sprinkler: Maricela Johnson 510-237-5000 x 13
Contractor shall indicate person and phone number to contact for after hours repairs:
Peter Duerigen 510-237-5000
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Quote Section
(This page is required to be submitted with Quote)
Experience:
Describe your company’s skills, qualifications, and experience that best qualify your company as a service provider for the City of Richmond. Be specific, thorough, and complete. Information not provided cannot be considered or presumed. In order to be considered, qualifications, skills, and experience must be submitted in writing with this request.
International Fire Equipment has been in business since 1976, providing fire protection services to the entire Bay Area. We carry a C-16 license and are also Certified Small Business (license #1731792). Our company specializes in all aspects of fire protection, including (but not limited to):
• fire extinguisher services
• kitchen fire suppression system services
• fire sprinkler system inspections: quarterly, annual & 5 year • standpipe inspections
• commercial fire sprinkler installations
• residential fire sprinkler installation
• fire sprinkler repairs
• fire hose: hydrostatic testing
• fire hose: inspections
• fire hose: sales
• fire pump testing
• fire extinguisher trainings
• special hazards
• fire equipment rentals
• fire hydrant testing
• emergency exit signs and lighting
• installation of extinguisher cabinets
• in house engineering with CAD capabilities
Management and employees attend numerous trainings, including Cal Safe Annual Seminars, NFPA classes and manufacturers trainings. Our company has provided services for many local, state and federal agencies. Currently performing services for Laguna Honda Hospital, City & County of San Francisco, City of San Pablo, County of Alameda. 1562
(This page is required to be submitted with Quote)
Please answer the following Supplemental Questions
1. What applicable California state contractor licenses does your company and workers posses? State Contractors License C-16, State Fire Marshals License E936, Sprinkler fitter
2. What are the qualifications of key personnel?
Licensed drivers with good moral character, knowledge of local routes.
3. What applicable licenses, certifications’ or required training does your company require employees to have?
Employees have fire extinguisher license: Certificate of Registration, Sprinkler fitters Manufacturer training
4. What is your company’s safety record? Has your company had any serious injuries or deaths for the past three years?
No serious injuries or deaths within the last 16 years
5. Will your company be able to meet or exceed city insurance, licensing, bonding, and hiring requirements? (see attachments)
Yes
6. What products and companies is your company an authorized service provider for? Badger, Amerex, Kiddie, Buckeye, Pyro chem, Chemguard, Key Fire Hose 1563
(This page is required to be submitted with Quote)
7. What is your business record / financial condition? Examples may be liens, suits, judgments, payment record, gross yearly sales, years of successful operation? $2.7 - $3 million average sales, DUNS: 03-099-5278, No leins, No public filings
8. How many years has your company been able to successfully operate? 47 9. Describe your company’s main office, operations facility, warehouse facility, service personnel, support staff, vehicles, available equipment, and specialized equipment? Please be specific.
International Fire Equipment’s facility in Richmond is owned by the principles We have roughly 10 field technicians, 12 vehicles, 1 in house engineer office staff and warehouse staff.
Summary of Quote Items
Service Provider is required to complete all applicable blanks below. Failure to provide requested information may disqualify quote.
Labor Rates Field
Straight Time
Field
Overtime
Supervision $ 250.00/hr $ 375.00/hr
Journeyman $ 185.00/hr $ 278.00/hr
Helper / Utility Worker $ 65.00/hr $ 95.00/hr
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(This page is required to be submitted with Quote)
DESCRIPTION OF SERVICE PRICE NOTES
Fire Extinguisher Annual Maintenance $15.75 Unit
Fire Extinguisher 6 Year Maintenance $21.50 Unit
Fire Extinguisher Hydrostatic Test $29.50 Unit
CO2 Hydrostatic Test $49.50 Unit
Hydrostatic Test – 5 Min. Cylinder $49.50 Unit
Hydrostatic Test – 30 Min LP Cylinder $49.50 Unit
Hydrostatic Test – 30 Min HP Cylinder $49.50 Unit
Hydrostatic Test – 45 Min HP Cylinder $49.50 Unit
Hydrostatic Test – 60 Min HP Cylinder $49.50 Unit
Refill – 5 Min Cylinder $37.00
Refill – 30 Min HP Cylinder $47.00
Refill – 45Min HP Cylinder $52.00
Refill – 60 Min HP Cylinder $56.00
2.5# ABC Fire Extinguisher $48.00
5# ABC Fire Extinguisher $68.00
CO2 Refill – 2.5 lbs $12.50 Unit
CO2 Refill – 5 lbs $25.00 Unit
CO2 Refill – 10 lbs $30.00 Unit
CO2 Refill – 15 lbs $55.00 Unit
CO2 Refill – 20 lbs $75.00 Unit
CO2 Refill $25.00 each
Sprinkler Head Replacement Price varies Labor and Material 1565
(This page is required to be submitted with Quote)
Minimum service call rate: Fire Extinguisher - $25 Hood System - $350 – Fire Sprinkler - $265 Any additional cost (indicate the Cost and Justification):
Fire Extinguisher service list on price sheet, Fire sprinkler repairs to be quoted based on issues/deficiencies, Fire sprinkler inspections and kitchen fire suppression system services to be quoted based on type of system.
Contractor must indicate hours when “Straight time” applies: Monday – Friday 8 AM – 4:30 PM Contractor must indicate hours when “Over time” applies: After 4:30 PM – 8 AM, Weekends & Holidays Average response time: 2 – 4 hours during regular hours, 4-6 hours after hours Please indicate the mark up added to vendor’s wholesale price on materials, as well as a brief overview of the services your company can provide.
Mark up on material is 30%.
International Fire Equipment provides the following services. We maintain, inspect and repair fire extinguisher services, as well as fire extinguisher use training. We mount extinguishers and extinguisher cabinets. We also do the semiannual service, maintain, and can do the repairs and install fire suppression systems.
We do the monthly, quarterly, annual and 5 year sprinkler, standpipe inspections, emergency service calls, commercial fire sprinkler installation, fire hydrostatic testing, fire hose sales and inspections, special hazards, emergency lights and a other services. 1566
(This page is required to be submitted with Quote)
References
(This page is required to be submitted with Quote)
A minimum of three (3) verifiable references from local municipalities, building authorities, counties, utility districts, school district, transportation authority, housing authority, or other organization with a similar facility complex whom the bidder has provided a similar scope of work during the past twelve (12) months, of comparable settings, complexities and quantities as required of this request for proposal. These companies will be contacted prior to award of proposal.
1. Name of Business: _Laguna Honda Hospital – SF Department of Public Health Address: 375 Laguna Honda Blvd., San Francisco
Approx. size of company: __________ Dates of service: _20+ years Contact person: Dmitry Donskoy Phone number: (415) 759-2314 E-mail address: [email protected]
2. Name of Business: City of San Pablo
Address: 13831 San Pablo Ave., San Pablo, CA 94806
Approx. size of company: __________ Dates of service: _2009 to Current Contact person: _Victor Berumen Phone number: (510) 215-3077 E-mail address: [email protected]
3. Name of Business: Veolia Water North America
Address: 601 Canal Blvd. Richmond, CA 94804
Approx. size of company: Dates of service: 2010 to Current Contact person: Martha Mosely Phone number: (510) 412-2001 E-mail address: [email protected]
4. Name of Business: Golden Bear Transfer Station / West Contra Costa Sanitary Landfill Republic Services
Address: 1 Parr Blvd Building C Richmond, CA 94801
Approx. size of company: Dates of service: 2009 to Current Contact person: Alex Shimada Phone number: (510) 970-7243 E-mail address: [email protected]
5. Name of Business: Kinder Morgan – Energy Partners
Address: 1140 Canal Blvd. Richmond, CA 94804
Approx. size of company: Dates of service: 2009 to Current Contact person: Damon Davis Phone number: (510) 412-8817 E-mail address: [email protected]
1567
Attachment 4
1568
1569
1570
June 20, 2023
Public Works
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works
Subject: Contract Amendments with three firms: Swinerton Management and Consultants, Ghirardelli Associates, and Mack5
FINANCIAL IMPACT: Funding for these contracts is provided under various sources including existing budgets, grants, and federally funded projects.
PREVIOUS COUNCIL
ACTION:
Contracts approved on June 30, 2020; Contract
Amendment #1, June 15, 2021.
STATEMENT OF THE
ISSUE:
City staff is recommending City Council approval for on-call contract amendments for as-needed construction
management services with three firms: Swinerton
Management and Consultants, Ghirardelli Associates, and Mack5, to extend their contract terms from July 1, 2023 to June 30, 2025, for a total of five years. Proposed increase is consistent with current Construction Management Costs.
AGENDA
REPORT
1571
June 20, 2023
RECOMMENDED ACTION: APPROVE on-call professional construction management services contract amendments with three firms: Swinerton Management and Consultants, Ghirardelli Associates, and Mack5, to extend their contract terms from July 1, 2023 to June 30, 2025, for a total of five years in accordance with City policies, and increase their contract capacity in the amount of $600,000 per firm, for a total not-to-exceed
amount of $1,500,000 for each firm, for a variety of capital projects, including federal construction management-funded projects; and AUTHORIZE the City Manager or designee to execute the amendments – Public Works Department
(Daniel Chavarria 510-620-5478/Robert Armijo 510-620-
5477).
DISCUSSION:
A construction manager provides the direct, day-to-day link between the contractor and the City. The construction manager assures the project is constructed in accordance with the approved plans, records daily construction activities, monitors daily construction progress, administers, and evaluates pay requests and changes in work, and works directly with the contractor and project manager to resolve disputes. Additionally, the City needs construction project management services in relation to contract bidding, design coordination, construction coordination, expenditures, project completion/closeout activities, interagency coordination, internal communications, and other matters as it relates to construction management. The construction manager can work on any project under construction including projects that involve federal funding, and so they must be able to work with federal and Caltrans rules and regulations to ensure a successful project.
The Public Works Department requested proposals for construction management work from a list of qualified consultants and the City Council approved three contracts in 2020 and 2021. The contracts were ultimately executed for these three construction management firms: Swinerton Management, Ghirardelli Associates, and Mack5. Work Authorizations (and the Purchase Orders that they are associated with) are issued to any of these three consultants on a project-by-project basis. The funding for these services is provided from the project budgets that the consultant is to provide the construction management services. Therefore, the sources of funding will vary from project to project. This can include local funding sources, state and federal grants, gas tax, Measure J, etc.
City staff desires to continue to work more efficiently by retaining these services and proposes to continue issuing work authorizations under these on-call project management contracts, for professional services for capital projects, including federally funded projects. Therefore, City staff recommends extending these contracts for another two years to continue these construction management services. 1572
June 20, 2023
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Proposed Amendment 2 – Ghirardelli
Attachment 3 – Proposed Amendment 2 – Swinerton
Attachment 4 – Proposed Amendment 2 – Mack5
Attachment 5 – Original Contract & Amendment 1 – Ghirardelli Attachment 6 – Original Contract & Amendment 1 – Swinerton Attachment 7 – Original Contract & Amendment 1 – Mack5
1573
RESOLUTION XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND, CALIFORNIA, AUTHORIZING THE AMENDMENT OF
VARIOUS ON-CALL CONSTRUCTION MANAGEMENT SERVICES
CONTRACTS
WHEREAS, the Public Works Department will be delivering an approximate $40 million CIP Program in the next three years; and
WHEREAS, the Richmond Public Works Department is currently managing various projects including, Boorman Park Rehabilitation, Central Avenue Traffic Improvements, Yellow Brick Road Pedestrian & Bicycle Improvements, Harbour 8 Park Extension, Point Molate Shoreline Restoration, Point Molate Bike Trail, etc.; and
WHEREAS, the City relies on professional services to deliver quality projects to the community; and
WHEREAS, maintaining on-call professional services lists is critical for reducing time and costs for hiring professional services firms; and
WHEREAS, the Public Works Department is managing these on-call construction management services contracts with three firms: Swinerton Management and Consultants, Ghirardelli Associates, and mack5; and
WHEREAS, these on-call construction management services contracts are reaching the end of their terms and reaching their not-to-exceed amount; and WHEREAS, City staff is recommending City Council approval for on-call contract amendments for as-needed construction management services with three firms: Swinerton Management and Consultants, Ghirardelli Associates, and mack5, to extend their contracts time from July 1, 2023 to June 30, 2025 for a total of five years in accordance with City policies and increase their contract not-to-exceed amount to $600,000 per each firm for a total not-to-exceed amount of $1,500,000 for each firm for a variety of capital projects, including federal construction management funded projects
WHEREAS, staff desires to successfully deliver the above-mentioned projects; and WHEREAS, amending these construction management contracts to extend their terms and, increase their not-to-exceed amount will facilitate continuing to hire Swinerton Management and Consultants, Ghirardelli Associates, and mack5 firms from the on-call construction management services list in order to successful deliver the above-mentioned projects; and NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the amending of these on-call construction management services contracts.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or her designee to execute the amendments.
Reso. No. XX-21
1574
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 20, 2023, by the following vote:
AYES
:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California
County of Contra Costa
City of Richmond
I certify that the foregoing is a true copy of Resolution No. XX-23, finally passed and adopted by the City Council at the City of Richmond at a regular meeting held on June 20, 2023.
Pamela Christian, Clerk of the City of Richmond, CA
Reso. No. XX-23
1575
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Public Works Josef Munoz
[email protected] (510) 620-6671
5914 5335
On call construction management and inspection services for various City projects. 2 Ghirardelli Associates
122 Park Place, Suite 125
Richmond, CA 94801
Randall Bruner
(408) 930-3410 [email protected]
40012941
June 30, 2020
July 1, 2020 June 30, 2023
450,000.00
1576
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Ghirardelli Associates
1577
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
2 5335
July 1, 2020
June 30, 2025
600,000.00
1,500,000.00
Ghirardelli Associates
No Change
1578
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
Ghirardelli Associates
2 5335
June 15, 2021
450,000.00
900,000.00
900,000.00
900,000.00
900,000.00
900,000.00
1579
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Public Works Josef Munoz
[email protected] (510) 620-6671
5912 5334
Provide on-call construction Management and inspection services for various City of Richmond Projects 2 Swinerton Management and Consulting
10 Clay Street, Suite 275
Oakland, CA 94607-3548
Jeffrey Gee
(650) 483-7412 [email protected]
4-60289
June 30, 2020
July 1, 2020 June 30, 2023
450,000.00
1580
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Swinerton Management and Consulting
1581
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
2 5334
July 1, 2020
June 30, 2025
600,000.00
1,500,000.00
Swinerton Management and Consulting
No Change
1582
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
Swinerton Management and Consulting
2 5334
June 15, 2021
450,000.00
900,000.00
900,000.00
900,000.00
900,000.00
900,000.00
1583
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Public Works Josef Munoz
[email protected] (510) 620-6671
3982
As needed construction management and inspection services for capital projects 2 Macks Craic, Inc. dba Mack5
322 Harbour Way, Suite 16
Richmond, CA 94801
Manil Bajracharya
(510) 595-3020 [email protected]
40040381
June 30, 2020
July 1, 2020 June 30, 2023
450,000.00
1584
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Macks Craic, Inc. dba Mack5
1585
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
2 July 1, 2020
June 30, 2025
600,000.00
1,500,000.00
Macks Craic, Inc. dba Mack5
No Change
1586
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________ Service Plan
Macks Craic, Inc. dba Mack5
2 June 15, 2021
450,000.00
900,000.00
900,000.00
900,000.00
900,000.00
900,000.00
1587
1588
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City of Richmond Public Works Department
On-Call Construction Management & Inspection Services
Scope of Work
The Consultant shall provide construction management and inspection services as authorized by the Public Works Director/City Engineer. A sample Scope of Services is summarized below. Not all services listed below are required for every project.
The Public Works Director/City Engineer will specify the services in the Service Requests for each project. The Consultants may modify the scope of services deemed appropriate in their proposals.
1 Project Bid Documents and Pre-Bid Services
1.1 Perform final review of the plans, specifications and engineer estimate and incorporate comments from City staff into the final PS&E.
1.2 Amend or modify the plans, specifications and estimate as necessary and include in the bid packages.
1.3 Prepare and incorporate bid proposal form and other boiler plate materials in the bid packages.
1.4 Perform constructability review.
1.5 Perform quantities takeoff.
1.6 Prepare a consolidated, final Engineer's project estimate.
1.7 Coordinate bid preparations with the City staff.
1.8 Define required submittals, number of copies and submittal schedule.
1.9 Develop and maintain a CPM Project Schedule.
1.10 Develop and maintain a project document tracking system.
1.11 Prepare applications and obtain permits as required from other agencies prior to issuing Notice to Proceed to the Contractor. 2 Pre-award and Post-award Services
2.1 Prepare bid documents for mailing.
2.2 Prepare necessary bid advertisements.
2.3 Stimulate bidder interest.
2.4 Maintain a plan-holder list.
2.5 Conduct pre-bid conference.
2.6 Provide bid phase management, document and respond to Contractor's RFIs.
2.7 Prepare and issue addenda.
2.8 Attend and assist the City in bid opening.
2.9 Summarize bid results and evaluate bids; prepare recommendations for the award to the City Council.
2.10 Prepare City Council Agenda Request and attend City Council meeting for the award.
2.11 Assist the City in contract preparation, contract award, and other postaward activities.
2.12 Issue Notice to Proceed to the Contractor.
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City of Richmond Public Works Department
On-Call Construction Management & Inspection Services
Scope of Work (cont’d)
3 Construction Management Services
3.1 Conduct pre-construction meeting.
3.2 Develop and implement Public Awareness Program including a project brochure and fact sheets as required.
3.3 Respond to citizen inquiries.
3.4 Coordinate with Project Manager, City Engineer, regulatory agencies and other consultants that may be involved.
3.5 Maintain all project documents and records per City standard filing system.
3.6 Process Contractor's requests for information and document clarification.
3.7 Requests for quotations and prepare contract change orders.
3.8 Verify quantities and process monthly progress payments.
3.9 Monitor Contractor's progress schedule.
3.10 Provide on-site inspection services and quality control monitoring.
3.11 Monitor and enforce project site safety program.
3.12 Prepare and issue change orders and perform cost/time impact analysis.
3.13 Negotiate resolutions for contract disputes, schedule delays and claims.
3.14 Prepare contract amendment as necessary.
3.15 Coordinate submittal review.
3.16 Issue, as necessary, non-compliance notices for faulty works; provide follow-up and closure on all outstanding problems.
3.17 Conduct regular project status meetings.
3.18 Prepare project status reports.
3.19 Prepare weekly contract time reports.
3.20 Provide materials sampling and testing services.
3.21 Perform final inspection and prepare punch lists.
3.22 Provide project photographic progress records; supply photo display boards to City as required.
4 Post-construction Services
4.1 Compile and prepare certified as-built drawings (all drawings to be produced utilizing AutoCAD format).
4.2 Prepare final estimate and process final payment.
4.3 Prepare project acceptance documents for City Council approval.
4.4 Prepare and submit Notice of Completion for recording at the County Recorder.
5 Miscellaneous Services
5.1 Provide all necessary resources to carry out the full scope of services described herein, including office equipment, computer hardware and software, supplies, reproduction services, graphics, maps, photographs, etc.
5.2 Provide general construction management services including services not specifically described herein above, but as may be necessary for construction, analysis, or review of public projects.
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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):
None
mack5
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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):
None
Macks Craic, Inc. dba mack5
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June 20, 2023
Public Works
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Subject: Engineer’s Report for Fiscal Year 2023-24 for the Hilltop Landscape Maintenance District
FINANCIAL IMPACT: The total amount proposed to be assessed for the 2023- 2024 fiscal year for the operation of the Hilltop
Landscape Maintenance District is approximately
$1,116,944. The City’s contribution to the District is
estimated to be $ 229,095 based on the general benefit
to the City conferred by the maintenance work. There is not any additional funding classified as Additional City Support this year that will be transferred from the City’s General Fund to the District. The total of the assessment and the City’s contribution will be approximately
$1,346,039 and will be budgeted from the General Fund.
PREVIOUS COUNCIL
ACTION:
March 7, 2023
STATEMENT OF THE
ISSUE:
Resolution approving the Hilltop Landscape Maintenance
District Engineer’s Report for fiscal year 2023-2024 and declaring the City Council’s intention to increase the
annual assessment.
AGENDA
REPORT
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June 20, 2023
RECOMMENDED ACTION: ADOPT a resolution approving the Engineer’s Report for fiscal year (FY) 2023-2024 for the Hilltop Landscape
Maintenance District (“HLMD”), declaring the City
Council’s intention to increase the annual assessment in the HLMD, and announcing a public hearing about the
proposed increased assessment on July 11, 2023, at
6:30 PM in the City Council Chambers at 440 Civic
Center Plaza in the City of Richmond – Public Works
Department (Daniel Chavarria 510-620-5478/Greg
Hardesty 510-620-6920).
The Hilltop Landscape Maintenance District is an area in north Richmond consisting of 878 parcels of land benefited by landscaping improvements and maintenance. At the direction of the City Council, the owner(s) of each parcel within the District may be assessed an annual fee proportional to the benefits conferred on that parcel. Annual assessments may be increased up to a maximum amount stated in Resolution Number 91-98, adopted in 1998 by the City Council in accordance with state law requiring notice, protest, and hearing for the levy of special assessments (commonly called “Proposition 218 requirements”).
Before levying assessments in the District, the City Council must approve a report estimating the costs of proposed improvements to be made within the District and adopt a resolution stating its intention to hold a public hearing to levy assessments. The resolution of intention must state whether the City Council intends to increase assessments from the previous fiscal year.
As directed by the City Council on March 7, 2023, the City Engineer has caused to be prepared an Annual Levy Report for the Hilltop Landscape Maintenance District for fiscal year (FY) 2023-2024 (“Engineer’s Report”). The Engineer’s Report generally describes existing and proposed improvements and substantial changes to be made to existing improvements within the District. The Engineer’s Report also estimates the costs of such improvements. In order to meet the costs, the Engineer recommends that the City Council increase assessments from those levied in FY 2022-2023 by an inflation rate of three percent (3%), as permitted in Resolution 91-98.
City staff recommends that the City Council preliminarily approve the attached Engineer’s Report and adopt a resolution stating its intention to increase assessments and announcing that a public hearing on the proposed assessments will be held at the City Council’s regular meeting of July 11, 2023, at 6:30 PM in the City Council Chambers at 440 Civic Center Plaza in the City of Richmond. 1679
June 20, 2023
DOCUMENTS ATTACHED:
Attachment 1 - Proposed Resolution Approving the Engineer’s Final Annual Levy Report for Fiscal Year 2023-2024 for the Hilltop Landscape Maintenance District, Declaring the Council’s Intention to Levy and Collect Assessments in the District, and Announcing a Public Hearing Regarding Assessments
Attachment 2 - Engineer’s Final Annual Levy Report Hilltop Landscape Maintenance District Fiscal Year 2023-2024
Attachment 3 - Notice of Public Hearing
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2023-2024 FOR THE HILLTOP LANDSCAPE MAINTENANCE DISTRICT, DECLARING THE COUNCIL’S INTENTION TO LEVY AND COLLECT ASSESSMENTS
IN THE DISTRICT, AND ANNOUNCING A PUBLIC HEARING REGARDING
ASSESSMENTS
WHEREAS, the Hilltop Landscape Maintenance District was established in 1986 to provide landscaping and maintenance improvements in an area in the northeastern portion of the City of Richmond generally adjacent to the I-80 freeway, north of the City of San Pablo, and extending west to the Richmond Country Club and north to the border with unincorporated lands within Contra Costa County; and
WHEREAS, on June 23, 1998 by Resolution No. 91-98 the City Council of the City of Richmond approved a maximum amount of individual maintenance assessments that may be levied by the City Council in the Hilltop Landscape Maintenance District (the “HLMD” or “District”) in future fiscal years and approved the index by which the stated maximum amount of individual assessments may be increased; and
WHEREAS, on March 7, 2023, the City Council ordered preparation of an Engineer's Report for Fiscal Year 2023-2024 regarding proposed improvements and costs of improvements for the HLMD; and WHEREAS, the Engineer has prepared the Engineer’s Annual Levy Report Hilltop Landscape Maintenance District Fiscal Year 2023-2024 (“Engineer’s Report”) which describes existing and proposed improvements and substantial changes to be made to existing improvements within the HLMD, and which estimates the costs of such improvements; and WHEREAS, the City has reviewed the Engineer’s Report on file with the City Clerk’s Office at Richmond City Hall at 450 Civic Center Plaza in the City of Richmond and determined that in order to pay the costs of proposed improvements for Fiscal Year 2023-2024 the City would have to increase District assessments from those levied in Fiscal Year 2022-2023 by an inflation rate of 3%, as permitted under Resolution 91-98.
NOW, THEREFORE, by this resolution the City Council hereby approves the Engineer’s Report on file with the City Clerk’s Office, declares its intention to levy and collect assessments in the Hilltop Landscape Maintenance District for Fiscal Year 2023-2024, proposes to increase District assessments from those levied in Fiscal Year 2022-2023 by an inflation rate of 3%, as permitted under Resolution 91- 98, and further resolves to conduct a hearing on the levy of the proposed assessment at a regular meeting of the Richmond City Council to be held at 6:30 p.m. on July 11, 2023 at the Council Chambers in City Hall at 440 Civic Center Plaza in the City of Richmond. ------------------------
I certify that the foregoing Resolution No. was duly passed, approved and adopted by the City Council of the City of Richmond, California, at a regular meeting of said City Council held on the 20th of June 2023, by the following vote:
Ayes:
Noes:
Absent:
_____________________________________
Clerk of the City of Richmond
Approved:
_____________________
Mayor
Approved as to form:
_____________________
City Attorney
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ENGINEER’S REPORT
City of Richmond
Hilltop Landscape Maintenance District
June 2023
Preliminary Report
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City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Page II
AFFIDAVIT
Hilltop Landscape Maintenance District
City of Richmond, County of Contra Costa, State of California This Report and the enclosed descriptions, budget and assessment diagram outline the plans and specifications for the Hilltop Landscape Maintenance District and establishment of the proposed assessments for each lot, parcel, and subdivision of land within said District commencing in Fiscal Year 2023/2024. Reference is hereby made to the Contra Costa County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____20th_______ day of ____June__________, 2023.
SCI Consulting Group
Assessment Engineer (On Behalf of the City of Richmond) By: ________________________________ John W. Bliss, License No. C52091 1683
City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Page III
CERTIFICATES
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the Richmond City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and Section 12.60.240 of the Richmond Municipal Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated:____________________________, 2023
By:______________________________
Robert Armijo, PE
Deputy Public Works Director/
City Engineer
City of Richmond, California
I HEREBY CERTIFY that the enclosed Engineer's Report, including the Assessment Roll and Assessment Diagram thereto attached was filed with me on the _________day of_______________________, 2023.
By:__________________________
Pamela Christian, City Clerk
City of Richmond, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council, on the _________day of_______________________, 2023.
By:__________________________
Pamela Christian, City Clerk
City of Richmond, California
I HEREBY CERTIFY that the enclosed Engineer's Report, including the Assessment Roll and Assessment Diagram thereto attached was filed with the County Auditor of the County of Contra Costa on the _________day of_______________________, 2023.
By:__________________________
Pamela Christian, City Clerk
City of Richmond, California
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City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Page IV
CITY OF RICHMOND
City Council
Eduardo Martinez – Mayor
Soheila Bana – Councilmember (District 4)
Claudia Jimenez - Councilmember (District 6)
Gayle McLaughlin - Vice Mayor (District 5)
Doria Robinson - Councilmember (District 3)
Melvin Willis - Councilmember (District 1)
Cesar Zepeda - Councilmember (District 2)
Clerk of the Council
Pamela Christian
City Manager
Shasa Curl
City Attorney
Dave Aleshire
Department of Public Works
Daniel Chavarria, P.E., Director
Engineer of Work
SCI Consulting Group
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City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Page V
Table of Contents
Introduction.................................................................................................... 7 Overview ......................................................................................................................7 Benefit Zones Introduction ..........................................................................................8 Legal Analysis................................................................................................................8 Plans & Specifications ................................................................................... 13 Introduction................................................................................................................13 Description of Improvements ....................................................................................13 Fiscal Year 2023-24 Estimate of Cost and Budget ........................................... 17 Approach ....................................................................................................................17 Method of Assessment Apportionment......................................................... 20 Method of Apportionment.........................................................................................20 Approach ....................................................................................................................21 Discussion of Benefit..................................................................................................21 Special Benefits ..........................................................................................................23 Quantification and Separation of General Benefits...................................................25 Determination of Special Benefits and Assessment Within Each Zone .....................27 Determination of Apportionment of Special Benefit and Assessment......................30 Annual Cost Indexing..................................................................................................36 Appeals of Assessments Levied to Property ..............................................................36 Assessment Funds Must Be Expended Within the Improvement District Area.........37 Oversight, Annual Review and Accountability ...........................................................37 Assessment................................................................................................... 38 Assessment Diagram ..................................................................................... 40 Assessment Roll ............................................................................................ 41 1686
City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Page VI
List of Tables
Table 1 – Projected Annual Direct Maintenance Costs .................................................... 17 Table 2 – Projected Annual Administration Costs............................................................ 18 Table 3 – Projected Annual Repairs and Rehabilitation Costs.......................................... 18 Table 4 – Projected Annual Gateway and Signage Loan Payment Costs.......................... 18 Table 5 – Projected Annual Levy Adjustment Costs ......................................................... 19 Table 6 – Summary of Maintenance Costs Assigned to Assessment................................ 19 Table 7 – Quantification and Separation of General Benefit............................................ 26 Table 8 – Net Assessment to Zone 1................................................................................. 28 Table 9 – Net Assessment to Zone 2................................................................................. 29 Table 10 – Net Assessment to Zone 3............................................................................... 29 Table 11 – Zone 1 Costs, Special Benefit costs and Determination of Rates.................... 33 Table 12 – Zone 2 Costs, Special Benefit Costs and Determination of Rates................... 34 Table 13 – Zone 3 Costs, Special Benefit Costs and Determination of Rates................... 35 Table 14 – Rate Summary Table ....................................................................................... 36 Table 15 – Assessment Summary Table – Net Amount to Assessment............................ 38 Table 16 – Hilltop LMD Assessment Diagram................................................................... 40 1687
City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Introduction
Overview
The City of Richmond’s Hilltop Landscape Maintenance District (“Hilltop LMD” or the "District") provide maintenance and servicing of landscaping along public streets and in easements and public right of ways immediately adjacent to and within the District, including general landscaping, street trees, play lots, recreational parks, open space, trail and wetlands) The District is located in other northern portion of Richmond, and includes commercial industrial, vacant and residential parcels in the vicinity of The Shops at Hilltop (also known as the “The Hilltop Mall”) and the Richmond County Club. The maintenance and servicing of landscaping improvements are primarily associated with Hilltop Drive, Blume Drive, Hilltop Mall Road, Magazine Street, Hilltop Lake Park Open Space, Lake Drain Pumping Systems, Richmond Parkway North Open Space, San Pablo Lake Drain Pumping systems, Richmond Parkway North Open Space, San Pablo Avenue, Richmond I-80 Interchange, Industrial Park Open Space, and Atlas Drive (West).
To ensure the proper flow of funds for the ongoing operation, maintenance, and servicing of improvements that were constructed as a condition of development within various subdivisions, the City Council, through the Landscaping and Lighting Act of 1972 (1972 Act), formed the Hilltop Landscape Maintenance District. The 1972 Act also permits the creation of benefit zones within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Therefore, because there are varying degrees of benefit within the various subdivisions, the City Council established three benefit zones.
The Hilltop Landscape Maintenance District was originally established in 1986 by the City Council and was reauthorized, based on the requirements of Proposition 218, on June 23, 1998 by Resolution No. 91-98.
Beginning in 2018-19, SCI Consulting Group assumed the role of Assessment Engineer for the Hilltop LMD. SCI conducted a parcel audit to confirm boundaries, parcels, rates, assessment and other attributes with the District, and made recommendations and minor adjustments. Also, SCI reviewed the previous Engineer’s Report made adjustments and improvements on approach and content, and drafted this document. 1688
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Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Benefit Zones Introduction
The District is divided into three distinct geographic benefit zones, referred to as Zone 1, Zone 2 and Zone 3. Each benefit zone has a separate budget pertaining to its respective improvements being maintained, but share some administrative resources for the preparation of the Engineer’s Report, Council Reports, Resolutions, etc.
Zone 1
Includes: Hilltop Mall Road and adjoining streets; Blume Drive; Auto Plaza; Richmond Parkway; Hilltop Plaza; the Summit and Bay View Apartment complex; Lakeside Drive Residential Area; and the Lakeside Drive Industrial Area. This zone includes approximately 99 parcels.
Zone 2
Includes: Richmond Parkway West Residential/Commercial Area. This zone includes approximately 1,162 parcels.
Zone 3
Includes: Atlas Road Industrial Area. This zone includes approximately 22 parcels.
Legal Analysis
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs.
SCCOSA”). This ruling is the most significant court case in further legally clarifying the substantive assessment requirements of Proposition 218 which was approved by California voters in 1996. Several of the most important elements of the ruling included further emphasis that:
▪ Benefit assessments are for special, not general, benefit ▪ The services and/or improvements funded by assessments must be clearly defined
▪ Special benefits are directly received by and provide a direct advantage to property in the Improvement District
▪ The assessment paid by property should be proportional to the special benefits it receives from the Improvements
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City of Richmond
Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
This Engineer’s Report and the process used to establish the continuation of the assessments for fiscal year 2023-24 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:
1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District.
2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.
3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values.
4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because:
a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and
b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.
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Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property.
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Hilltop LMD
Preliminary Engineer’s Report, FY 2023-24