Agenda — Richmond City Council, November 7, 2023 (part 9 of 14)

November 7, 2023

Library and Community Services
Employment & Training

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager -
Community Services
Tamara Walker, Deputy Director of
Community Services, Employment and Training Division

Subject:

First Contract Amendment with Rubicon Programs to
Provide Workforce Training and Employment
Ppportunities Funded Under the California for All Youth Grant
FINANCIAL IMPACT: The contract will be funded entirely by the California for All Youth grant from California Volunteers - Office of the Governor. The Employment and Training Division has
budgeted for non-grant funds in its Operating Expenses
Budget to be allocated for Contractual Services. All
expenditures associated with this program are grant-
funded and will be reimbursed to the City. There will be no fiscal impact on the City’s General Fund. (12572641- 400535-27A01)

PREVIOUS COUNCIL
ACTION:

March 21, 2023

STATEMENT OF THE
ISSUE:

The Employment and Training Division is seeking to
amend the contract with Rubicon Programs – Richmond,
to be the service provider for the Beautify Richmond
project and include an additional 10 participants for a total of 20 participants to help beautify and revitalize Richmond.

AGENDA
REPORT
1055

Page 2 of 2 ends

November 7, 2023
RECOMMENDED ACTION:

APPROVE a first amendment to the contract with
Rubicon Programs, to increase the contract limit by
$95,323, for a total amount not to exceed $190,646, to be the service provider for the Beautify Richmond program, with a contract term through March 31, 2024 –
Community Services Department, Employment and
Training Division (LaShonda White 510-620-
6828/Tamara Walker 510-307-8006).

DISCUSSION:

The City of Richmond’s Employment and Training Division was awarded $2,972,695 from California Volunteers, Office of the Governor. These funds were allocated to provide Richmond youth and young adults, ages 16 – 30, with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries (Attachment 1).

The Employment and Training Division is seeking approval to amend the current contract with Rubicon Programs – Richmond, Rubicon Landscaping, and the Reentry Success Center (Attachment 2). The contract amendment would maintain the contract term of March 31, 2024, and update the scope of work to incorporate another cohort of 10 participants for the Beautify Richmond project and increase the contract amount by $95,323 for a contract amount not to exceed $190,646 (Attachment 3).

The continued partnership will provide job preparedness training and opportunities that will allow program additional participants to gain work experience important to enhancing their qualifications and advantages toward their ultimate success. Each participant will be allowed to work a maximum of 500 hours at $20 per hour.

Employment and Training will be responsible for payroll functions.

The City of Richmond will benefit by having this addition to its labor force to revitalize and clean-up the city, grow its own talent pool to fill open vacancies, and assist with other COVID-19 recovery efforts.

DOCUMENTS ATTACHED:

Attachment 1 – California for All Youth Grant
Attachment 2 – Rubicon Contract
Attachment 3 – Rubicon Amended Contract

1056

2. The term of this Agreement is:

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 6/27/2022
6/27/2022
1057

City of Richmond For All Youth Workforce Development Program RFA#JP12-002

Section 1: Program Goals

The COVID-19 pandemic and accompanying economic downturn are having staggering effects on young adults. Young people are typically among the hardest-hit groups during recessions and getting off to a bad start in the labor market can have long-term effects.

Prior to the pandemic, young people aged 16 -24 were already disproportionately adversely affected in the labor markets compared to other age groups. Even as the nation enjoyed record low unemployment rated between 2016 and early 202, young people experienced unemployment rates twice as high as the national average. Experts estimate that the number of young people between the ages of 16 -24 who are not in school or working will easily top 6 million and could swell to almost one-quarter of all young people.

Thus, young people are facing a catastrophic crisis, and we can’t wait to act. The window for action is open, but we need to move swiftly. We need a society, economy and community designed to care for all people, especially young people, who are the most important and most affected stakeholder when talking about our global future.

Therefore, the City of Richmond has made young people the heart of it’s COVID-19 recovery by helping them prepare for work and life as engaged citizens. Richmond has prioritized education, civic engagement, and employment for Richmond youth.

Our goals are as follows:
• Improve the health and well-being of the community by providing valuable educational, social, and environmental services
• Prevent long-term unemployment among young adults and reduce economic hardship. • Help young people prepare for future good jobs by offering a more affordable route to postsecondary education and giving them the chance to learn new skills, gain work experience, and expand their social and professional networks. • Rebuild civic and social connections by bringing participants from different backgrounds, income levels, races, ethnicities and area of the city together to share experiences to solve public challenges.

Section 2: Program Design

City of RIchmond
#JP2002
Exhibit A Scope of Work
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1058
We cannot fail in the crucial task pf promoting equal opportunities for all young people to thrive.

The pandemic has interrupted the education, socialization, and employment of tens of millions of children and young adults – disproportionately hurting those from low-income families and communities of color.

As we recover, we must aim higher and think bigger, rather than returning to the economic and social status quo.

It is our responsibility, as local government, to provide an avenue for young people to support themselves financially, carry out meaningful and productive work, learn new skills, and expand their networks to prepare for a leadership role in the future.

The City of Richmond For All Youth Workforce Program is designed and administered by Richmond YouthWORKS, a department within the city, in partnership with the Richmond Police Activities League, RichmondBuild, Richmond YouthBuild, Richmond Office of Neighborhood Safety, Richmond Police Cadet, Richmond Fire Department Explorers, West Contra Costa Unified School District, THIMBY, and Contra Costa College.

All program partners have over 10 years of providing youth development and employment and training opportunities for at-risk, low income Richmond youth.

In addition, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program.

The program will target 150 at-risk, low-income Richmond youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, or have aged out of the foster care system. We will serve a minimum of 75 youth per year in year-round/summer employment opportunities beginning May 1, 2022.

The program will focus on building and expanding career pathways, addressing climate control and food insecurities, and provide meaningful service opportunities to assist COVID-19 recovery in the community.

Each youth referred to the program will go through an intake process which includes a resiliency and needs assessment. Upon completion of their assessments, each participant will receive a Career Action Plan. A career action plan is a dynamic planning document owned and managed by young people intended to reflect their increased career development learning. The plan helps young people: set their goals. clarify the actions needed to achieve these goals.

Participants can participate in the following programs:
• Career Support – All participants will be required to attend our Career Support workshops. The workshops designed to prepare youth for employment providing soft skills training in order to increase the youth’s employability in a short amount of time.

The workshop is comprised of modules on professionalism, workplace conflict resolution, workplace safety, financial management, resume writing, job search and interview techniques and job retention.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1059
• Life Skills – All participants will be required to attend our Life Skills workshops. The workshops give youth the ability to learn new skills that increase their understanding of the world around them and equip them with the tools they need to live a more productive and fulfilling life; to finding ways to cope with the challenges that life, inevitably, throws at them.
• Public works and environmental conservation/restoration program – Participants will address long-standing conservation, restoration, and climate change needs such as maintenance backlog in public parks, and coastal ecosystem restoration, neighborhood beautification, and disaster preparedness as a result of COVID-19. • RPAL Farm, Garden and Culinary Arts program – Participants will be introduced to the local agricultural industry and build new and essential life skills through farming, gardening, cooking and food literacy. Young people will have the ability to make healthy food choices by having the skills and knowledge necessary to buy, grow, and cook food with implication for improving individual, family, and community health. • Tiny House In My Backyard (THIMBY) – Participants will participate in the design and construction of carbon neutral, off-grid capable transitional housing for low-income and unhoused Richmond residents. This student-led housing initiative was developed by UC Berkeley students to address the acute housing crisis in the region, which has been especially exacerbated in the wake of COVID-19.
• Public Service & Safety Corp – A career pathway program and pipeline that teaches the critical skills needed for and entry into public service and safety careers. • RichmondBuild and YouthBuild - Participants work toward their GEDs or high school diplomas (if appropriate), learn job skills, and work on community projects. The program provides participants with intensive hands-on training in industry-recognized certifications and supports their progress toward a lucrative career in the construction industry.

Section 3: Youth Recruitment/Development

Participants for the City of Richmond For All Youth Workforce Development program are at- risk, low-income Richmond Youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, and/or have aged out of the foster care system.

There are various entry points into to the program; inhouse recruitment and partnering agencies referral. Richmond YouthWORKS is a youth development program that focuses on provided employment and training opportunities to Richmond youth ages 16 – 24.

Richmond YouthWORKS along with RichmondBuild and Richmond YouthBuild are under the auspices of the City of Richmond’s Employment & Training Department and will be a pipeline for recruitment.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1060
In addition, the department, in partnership with West Contra Costa Unified School District, Contra Costa Office of Education, and Contra Costa Community College, provide employment opportunities for 500 Richmond youth during the summer.

Furthermore, we receive referrals from law enforcement agencies, community-based organizations, probation, and independent living programs.

Lastly, the City of Richmond utilizes several outreach platforms to provide information to the community. These platforms include:
• Television station
• Mayor’s weekly blog
• Community Newspaper
• City Manager’s weekly report
• Social media outlets (i.e., Facebook, Twitter, Instagram)

As stated above, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program. These services include:
• Case Management,
• Transportation assistance,
• Referral to substance abuse treatment and mental health counseling, • Assistance with childcare,
• Assistance with housing,
• Legal aid services,
• Referrals to healthcare,
• Assistance with uniforms and other work attire and work-related tools and gear, • Assistance with book, fees, and school supplies, and
• Payments for fees for employing and training-related applications, tests, and certifications.

Section 4: Metrics/Outcomes

As a workforce development system, we are competent in data collection for outcome measures.

We are very confident in our ability to provide the required metrics for the grant.

We have the capability and capacity to utilize our current MIS system, CalJobs, to capture the required outcome metrics which are aligned with the Workforce Innovation and Opportunity Act (WIOA) metrics that govern our funding.

Section 5: Budget/Staffing/Communication

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1061
The City of Richmond commits to using CaliforniaVolunteers developed branding for this program and will participate in CaliforniaVolunteers-organized training/curriculum if required.

In addition, if funded, we would be interested in participating in a program launch media event with CaliforniaVolunteers.

TOTAL: $2,972,695

Category Amount Total Budget Narrative
Year 1 Year 2
Staffing
(3) FTE Employment Program
Specialist

Administrative/MIS Staff
.5FTE
$177,444

$40,004
$186,300

$41,862
$363,744

$81,866
3 FTE Employment Program Specialist responsible
for outreach, case management and job placement.

Cost of living increase in Year 2.

Responsible for program support, tracking and
reporting of program outcomes, and support for
outreach and recruitment
Benefits @.45% $18,002 $18,838 $36,840 Calculated at .45% Supplies (tools, uniform, wood,
nails, paint)
$10,000 $10,000 $20,000 The total budget for supplies equals $20,000, and includes $10,000 for the cost of
construction supplies and consumables to be used in
the construction training lab, and uniforms and safety
equipment for participants. An additional $10,000 is
included for the cost of hand and power tools for use
by participants.

Contractual
Richmond Police Activities
League Farm, Garden, Culinary
Program
Contra Costa College
$100,000

$50,000
$100,000

$50,000
$200,000

$100,000
Contract with the Richmond Police Activities League
to administer the Youth Farm Safety Education and
Certification Program.

Contract with Contra Costa College to administer the
Public Service and Safety certification program.

Other
Supportive Services

Participant Wages = 150 youth
X $20/hr. X 500 hours
$200,000

$750,000
$200,000

$750,000
$400,000

$1,500,000
Costs associated with providing wraparound services
(see description of wraparound services above)
Costs for participant wages will equal $10,000 per
participant, for a total of $1,500,000 for 150
participants (75 per year) in year-round and summer
program.

Administrative Cost (10%) $134,545 135,700 $270,245 Charges for “Other” also include administrative costs calculated at 10% of the
total federal request of $2,702,450, and equal
to $270,245.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1062
City of Richmond
#JP2002
Applicant:

Items Description Calculation Total Budget
Administrative Costs General purpose staff,
including office staff,
Director, fiscal staff and
item such as office supplies,
internet access, office
postagecopier cost, etc.
.1FTE Director
.1 Administrative
Analyst
.2FTE Fiscal Support
10% of office
expenditures
255,495.00$
Total 255,495.00$
# Requested Hourly Salary # of Hours Total Budget
150 $20/hr 500 1,500,000.00$
Total 1,500,000.00$
Items Description Calculation Total Budget
FICA for Fellows Social Security & Medicare 150 X $500 X 7.65% 114,750.00$ Worker's Compensation
Health Care
Total 114,750.00$
Items Description Calculation Total Budget % Allocation Cross Check Support Services Transportation assistance,
Referral to substance abuse
treatment and mental
health counseling,
Assistance with childcare,
Assistance with housing,
Legal aid services, Referrals
to healthcare, Assistance
with uniforms and other work
attire and work-related tools
and gear, Assistance with
book, fees, and school
supplies, and Payments for
fees for employing and
training-related
applications, tests, and
certifications.
150 X $2000 300,000.00$
Case Management Work collaboratively to
engage the Youth and
other support team
members in the
identification of strengths
and needs which support
the development and
implementation of a service
plan.
3FTE (includes
benefits)
.5FTE MIS (includes
benefits)
$ 482,450.00
CTE Certification Offer CTE courses through
the local community
college for participants
obtain CTE certificates and
college credit.
3 contract
education courses
at the community
college with
support staff @
$33K/each
$ 100,000.00
Community Garden To develop a community
garden that allows the
community to grow their
own fresh fruits and
vegetables.
supplies and staff
for the gardening
education and
supplies for the
garden
$ 200,000.00
Supplies
tools, uniform, wood, nails, paint,
seeds, dirt
Supplies needed for
beautification
project and
community farms.
$ 20,000.00
Total 1,102,450.00$ 37.1%
Total Budget Request 2,972,695.00$
Total # of Fellows 150
Partner Status (Proposed or Secured) Contractual Amount Richmond PAL Proposed 200,000.00$
Contra Costa College Proposed 100,000.00$
Total 300,000.00$
Exhibit B Budget Detail
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) City of Richmond
II. CaliforniansForAll Youth Workforce Fellows - Wage
I. Administration (Must Not Exceed 10% of Direct Award Amount) DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1063
City of Richmond
Agreement #JP2002

EXHIBIT B
Budget Payment Provisions

California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Richmond

Page 1 of 1 ends

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1064
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1065
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022

California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1066
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1067
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

Financial Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1068
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID- 19/State_Fiscal_Recovery_Fund/
• State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID-
19/State_Fiscal_Recovery_Fund_Reporting_Portal/

Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1069
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 1070

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.

April 1, 2023
March 31, 2024
Employment & Training Tamara Walker or her designee
twalker@richmondworksorg 510-307-8006
40004276
Employment & training services in landscaping and maintenance for formerly incarcerated job seekers for the Beautify Richmond blight removal and neighborhood revitalization program Rubicon Programs
2500 Bissell Ave
Richmond, Ca 94804
Dr. Carole Dorham-Kelly
510-412-1708 [email protected]
95,323
✔
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1071

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions.

This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures.

These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Rubicon Programs
President & CEO
04/13/2023
Chief Finance & Landscape
04/14/2023
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1072
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:

Employment & Training Dept.

The current plan is intended to provide a structured and supportive pre-apprenticeship training (up to 500 hours) for up to 10 Justice Impacted Young Adults.

Therefore, Rubicon will recruit no more than 10 participant and provide the following services:
- Individual life coach
- Soft Skills and Support Services (60 hours)
- One-on-one coaching focused on individualized goals, distribution of supportive resources (e.g. program incentives, food and transportation support), linkages to referrals as needed, program retention support, and job readiness support.
- Landscape Crew-Based Skills Training - Rubicon Landscape Group Groundskeeper-Gardener Training Program
- Post-training follow up support

In addition, Rubicon Program staff will work with City of Richmond's Public Works Department to provide on-the-job opportunities to implement, in real-time, the skills they have learned through the Beautify Richmond blight elimination and neighborhood revitalization program sponsored by the City of Richmond Employment and Training Department.

The amount for this contract will not exceed $95,323

Program Budget

Personnel $47,342 Personnel Fringe (Workers Comp, Health Benefits, PR Taxes) $11,836 Vehicles (2) and Fuel $10,212 Program Supplies (uniforms, office supplies) $4,368 Participant Support (transportation, food, emergency support) $2,500 Indirect (25% Federally Approved NICRA) $19,065 Total $95,323

Org Code Obj Code Project# Total

Rubicon Programs
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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 PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this C ontract 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.

Tamara Walker or her designee
Rubicon Programs
Employment & Training
Tamara Walker or her designee
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1074
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:

Rubicon Programs
Rubicon Programs
Tamara Walker or her designee
2500 Bissell Ave
Richmond, Ca 94804
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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, General Conditions/EJ/TE 09-26-07 1 of 12

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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.

General Conditions/EJ/TE 09-26-07 2 of 12

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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 C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 09-26-07 3 of 12

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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 General Conditions/EJ/TE 09-26-07 4 of 12

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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.

General Conditions/EJ/TE 09-26-07 5 of 12

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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
. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law, regardless of Contractor's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.

Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 of 12

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shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.

If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.

This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).

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 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.

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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 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.

General Conditions/EJ/TE 09-26-07 8 of 12

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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 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, General Conditions/EJ/TE 09-26-07 9 of 12

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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.

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 General Conditions/EJ/TE 09-26-07 10 of 12

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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 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 General Conditions/EJ/TE 09-26-07 11 of 12

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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.

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.

General Conditions/EJ/TE 09-26-07 12 of 12

DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1087
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):

Rubicon Programs
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1088
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.

Rubicon Programs
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1089
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1090
Preview

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSUR ED, the policy(ies) must have ADDITIONAL INSURED provision s or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors ement. A statement on this certificate does not confer rights to the certificate hold er in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A C ONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICI ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULED OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$ AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/13/2022
(WC) Heffernan Insurance Brokers
1350 Carlback Avenue
Walnut Creek CA 94596
Stephanie Lawrence
925-934-8500 925-934-8278
[email protected]
License#: 0564249 Nonprofits Insurance Alliance of California 1184 RUBIPRO-02 Cypress Insurance Company 10855
Rubicon Programs Inc.; Rubicon Enterprises, Inc.

Rubicon Landscape Corporation
2500 Bissell Ave
Richmond CA 94804-1815
208645335
A X 1,000,000
X 200,000
10,000
X Abuse 1,000,000
3,000,000
Y 202207175NPO 7/1/2022 7/1/2023
3,000,000
Professional Liabili 1,000,000
A 1,000,000
X
X X
202207175NPO 7/1/2022 7/1/2023
A X 5,000,000
X
202207175UMB 7/1/2022 7/1/2023
5,000,000
X 10,000
B XRUWC329385 7/1/2022 7/1/2023
1,000,000
1,000,000
1,000,000
The City of Richmond, its Council, Community Services Department and their officers, employees and agents are named as additional insured per attached endorsement, if required by written contract.

City of Richmond
450 Civic Center Plaza
Richmond CA 94804
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1091
Preview
202207175NPO
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1092

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

a. "Data Broker” means either of the following:

i. The co llection 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 a ggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if 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 en tity 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. Execu ted this d ay of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Rubicon Programs
Dr. Carole (DC) Dorham-Kelly President & CEO
1-30-2023
Rubicon Programs
30th January 23 Richmond
DocuSign Envelope ID: 60C18FE3-00F0-46A4-8BCA-18E7D632A1A7 1093

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 an d 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:

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 w
ith 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 conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
1094
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached here
to, 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. Amend ment 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.
1095
Contract Amendment between the City of Richmond and
Amendme
nt 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 Amend
ment 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 f
ollowing tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
1096
Rubicon Programs
Landscape Pre-Apprenticeship Program
Overview of Proposed Program
Background: This program overview is drafted for consideration of a training partnership between Rubicon Programs and Richmond Works. The current plan is intended to provide a structured and supportive pre-apprenticeship training (up to 500 hours) for up to 10 Justice Impacted Young Adults.

Referral Phase: Through Rubicon’s 2 program services sites in Richmond (912 MacDonald and 101 Broadway), justice impacted adults who are interested career opportunities in landscaping and grounds, will be assessed and referred to the Landscape pre-apprenticeship program.

Enrollment: Once a start date is set for September 2023, the referral and enrollment timeline and deadline will be finaliz ed. All apprenticeship pa rticipants will be co-e nrolled in Rubicon services and assigned an individual coach.

Soft Skills and Support Services (60 hours. 4 hours/ week for initial 15 weeks) As participants are completing their crew-based skills training, they will also engage in 4 weekly hours of supportive programming (paid). These services will be delivered at the RSC (912 MacDonald). These hours include:

Group Support: 2 hours/week of workshops utilizing Thinking for a Change curriculum. Thinking for a Change (T4C) is the innovative, evidence-based cognitive behavioral curriculum from the National Institute of Corrections (NIC) that has broadly influenced the correctional field and the way correctional facilitators work with justice impacted individuals. Studies have shown that, when implemented with integrity, it can reduce recidivism.

Individual Support: 1-2 hours/ week. Each enrolled apprentice will be assigned a Reentry Coach., engage in 2-4 hours of services. 1-2 hours of one-on-one coaching focused on individualized goals, distribution of supportive resources (e.g. program incentives, food and transportation support), linkages to referrals as needed, program retention support, and job readiness support.

1097
Last Updated 8/3/2023
Landscape Crew-Based Skills Training (24 hours/ week):

Rubicon Landscape Group Groundskeeper-Gardener Training Program Training with integrity and purpose for the betterment of the individual's experience. Teaching the Why in What we do.

Course Training Outline (350 Hours)
 Safety- Proper use of PPE, OSHA standards, daily stretch, safe driving practices (50 hours)  Basic horticultural practices- Proper pruning technics, basic turf management and planting practices, minor irrigation repair, proper watering principles (150 hours)  Small tool use and maintenance- Proper use, repair, and sharpening (25 hours)  Equipment use and general maintenance- How to operate and maintain small equipment for groundskeeping (65 hours)
 General facilities and grounds maintenance- Proper cleaning practices and debris management (50 hours)
 Simple carpentry, painting, and plumbing (10 hours)
Post Training Follow Up (2 hours/ month):

After the completion of the crew-based training, participants will be extended a minimum of 2 hours/ month of follow-up support. Individual coaching will continue to address supportive service needs and job placement and retention support. Participants will also have access to member services and activities at the RSC and Broadway offices. Optional offerings around community building offerings include community activity nights, gender responsive support groups, and restorative practices circles and arts programs.

This program will also leverage Rubicon’s Business Services Team who will focus on employer engagement and identifying employment and career opportunities. Rubicon will also partner with Richmond Works and City of Richmond Departments who have opportunities to hire graduates of program.

Rubicon Landscape Pre-Apprenticeship Program
Proposed Budget (per cohort of 10 participants)
Program Budget P roposed Budget
Personnel $47,342
Personnel Fringe (Workers Comp, Health Benefits, PR Taxes) $11,836 Vehicles (2) and Fuel $10,212
Program Supplies (uniforms, office supplies) $4,368
Participant Support (transportation, food, emergency support) $2,500 Indirect (25% Federally Approved NICRA) $19,065
Total $95,323
1098

Page 1 of 3 ends

November 7, 2023

Library and Community Services

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager - Community
Services
Lori Reese-Brown, Project Manager
Subject:

Amendment to the Interagency Agreement between the
City of Richmond and Contra Costa County for the Joint
Administration of the North Richmond Mitigation Funding FINANCIAL IMPACT: There is no fiscal impact. The Interagency Agreement costs will be funded with North Richmond Mitigation
Fee revenue, which is received solely by Contra
Costa County (County) but jointly administered by the
City of Richmond (City) and County in accordance
with a Memorandum of Understanding between the
City and County (Fund 1010).

PREVIOUS COUNCIL
ACTION:

September 22, 2020; August 28, 2018; January 9, 2018;
and July 24, 2017

STATEMENT OF THE
ISSUE:

The amendment to the Interagency Agreement allows
the City and County to continue to jointly administer
the North Richmond Mitigation Fee funding that
supports the implementation of services and
programs authorized in the approved expenditure
plan.

AGENDA
REPORT
1099

Page 2 of 3 ends

November 7, 2023
RECOMMENDED ACTION:

APPROVE an amendment to the Interagency
Agreement between the County of Contra Costa
(County) and the City of Richmond (City), effective
September 19, 2023, to increase the payment limit by
$360,000, for a new payment limit of $835,000, and
extend the term from September 30, 2023, to
September 30, 2026, to facilitate the City’s continued
use of the North Richmond Mitigation Fee (NRMF)
funding, and to co-staff the NRMF Committee and
implement services and programs authorized in the
City/County-approved expenditure plans; and
AUTHORIZE the city manager or their designee to
execute the amendment to the Interagency
Agreement between the County and City –
Community Services Department (LaShonda White
510-620-6828/Lori Reese-Brown 510-620-6869).

DISCUSSION:

The North Richmond Waste and Recovery Mitigation Fee (NRMF) was established by the City of Richmond (City) and Contra Costa County (County) in 2004. This fee was originally identified as a mitigation measure in an Environmental Impact Report as a means of addressing the impacts of illegal dumping because of expanding the Bulk Material Processing Center in North Richmond. The requirement to collect this Mitigation Fee is a Condition of Approval in the Use Permits issued by the City and County, which allowed Republic Services to expand their waste processing operations at the Bulk Material Processing Center, located at the closed West Contra Costa Sanitary Landfill site in North Richmond. Since 2006, this Mitigation Fee has been collected on a per ton basis and paid monthly, directly, to the County.

The City and County entered a Memorandum of Understanding (MOU) in 2004 agreeing to establish a City/County Committee, known as the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (NRMF Committee), to prepare recommended spending plans subject to final City/County approvals for the purpose of jointly administering this funding. These recommended spending plans are known as Expenditure Plans, which must be approved by both the Richmond City Council and County Board of Supervisors. The Expenditure Plan for the 2023/2024 fiscal year was approved by the County and City on June 27, 2023.

The Interagency Agreement authorizes County staff to issue NRMF-funded payments to the City, which make it possible to jointly administer this funding as agreed upon in the MOU between the City and the County. This agreement also makes it possible for the County to reimburse the City for the costs the City incurs to 1100

Page 3 of 3 ends

November 7, 2023
implement the strategies assigned to the City in the City/County-approved Expenditure Plan or the costs the City incurs for co-staffing the NRMF Committee.

The history of the Interagency Agreements and amendments is as follows:

 Interagency Agreement #49335: The Interagency Agreement between the City and County went into effect on January 16, 2007, and was amended four times.
 Interagency Agreement #49335-1: A new Interagency Agreement took effect on June 30, 2015, and was set to expire on June 30, 2017. It was subsequently amended three times which together extended the contract term through September 30, 2018.
 Interagency Agreement #49335-2: A new Interagency Agreement was executed with an initial term from September 30, 2018 to September 30, 2020. It was first amended in August 2020 to increase the payment limit by $275,000 and extend the term through September 30, 2023 (Attachment 1).

The current and second amendment is intended to increase the payment limit by $360,000 and extend the term through September 30, 2026.

The County Board of Supervisors approved the second amendment to the Interagency Agreement on September 19, 2023. City staff was unable to place this item on the City Council agenda in September 2023, which is the reason for the amended Interagency Agreement start date of September 19, 2023. This date is consistent with the item approved by the County Board of Supervisors. To provide for the continued issuance of NRMF-funded payments to the City to implement Expenditure Plan strategies, City staff is requesting City Council approval to execute an amendment to the Interagency Agreement with the City of Richmond, effective September 19, 2023, to increase the payment limit by $360,000 to a new payment limit of $835,000 and extend the term from September 30, 2023 to September 30, 2026 (Attachment 2).

DOCUMENTS ATTACHED:

Attachment 1 – Original and First Amendment to the North Richmond Mitigation Interagency Agreement
Attachment 2 – Second Amendment to the North Richmond Mitigation Interagency Agreement

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BO C.38 August 11, 2020
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49335-02

Amendment Specifications

In consideration for the City of Richmond (“Agency”) continuing to provide services under this Contract, the County and the Agency agree to amend the Interagency Agreement they entered into as of October 1, 2018 (Contract 49335-02) as follows:

1. Extension of Term. The termination date of this Interagency Agreement is hereby extended from September 30, 2023 to a new termination date of September 30, 2026, unless the Interagency Agreement is sooner terminated by either Party as permitted under the Interagency Agreement.

2. Payment Limit. Effective October 1, 2023 the Payment Limit of the Interagency Agreement is hereby increased by $360,000, from $475,000, to a new total Contract Payment Limit of $835,000. The Agency shall perform all services described in the original Service Plan through September 30, 2020, for an amount not to exceed $200,000. The Agency shall perform all services described in the revised Service Plan between October 1, 2020, and September 30, 2023, for an amount not to exceed $275,000. The Agency shall perform all services described in the October 2023 revised Service Plan between October 1, 2023, and September 30, 2026, for an amount not to exceed $360,000.

3. Service Plan. Effective October 1, 2023, the Revised Service Plan of the Interagency Agreement is hereby deleted in its entirety and replaced with the October 2023 revised Service Plan (Revised Service Plan – Oct 2023), attached hereto and incorporated herein by reference.

Except as provided for herein, all other contract terms remain unchanged and in full force and effect.

Initials:__________ ____________
City County Dept.

G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\Contracts\City-County InterAgency Agreement\New Agreement for 2015- 2017\2018-AmdSpecs_City-County.doc
1175

Page 1 of 2 ends

November 7, 2023

Mayor's Office

DATE: November 7, 2023
TO: Members of the City Council
FROM:

Mayor Martinez

Subject:

Proclamation Declaring October 21, 2023, as Arbor Day
in Richmond
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

This proclamation recognizes the historical significance of Arbor Day and its importance in promoting the planting and care of trees. The proclamation officially declares October 21, 2023, as Arbor Day in the City of Richmond.

RECOMMENDED ACTION:

PROCLAMATION recognizing October 21, 2023, as
Arbor Day in Richmond - Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION:

This proclamation recognizes the historical significance of Arbor Day and its importance in promoting the planting and care of trees. It highlights the origins of Arbor Day in Spain and its later adoption in the United States. The proclamation emphasizes the numerous benefits of urban forests, including improved air quality and environmental benefits, and the City of Richmond's commitment to urban reforestation.

The City of Richmond expresses gratitude to its Public Works Department's Parks and Landscaping Division for their efforts in enhancing the quality of life for residents. It also AGENDA
REPORT
1176

Page 2 of 2 ends

November 7, 2023
announces a tree planting project scheduled for October 21, 2023, in Lucas Park, encouraging residents to participate in Arbor Day by planting, nurturing, and celebrating trees. In conclusion, the proclamation officially declares October 21, 2023, as Arbor Day in the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
1177

WHEREAS, in 1594, the Spanish village of Mondoñedo celebrated the first documented Arbor Day and in 1805, the Spanish village of Villanueva de la Sierra celebrated the first modern day Arbor Day, organized by local priest Don Ramón Vacas Roxo who was convinced of the importance of trees for health, hygiene, decoration, nature, environment, and customs; and

WHEREAS, in 1872, Nebraska City celebrated the first Arbor Day in the United States , organized by journalist Julius Sterling Morton who led the charge in the planting o f approximately 1 million trees, 98 years before it became a federal holiday in 1970 under President Nixon; and

WHEREAS, the benefits of a healthy urban forest include improved air quality, storm water filtration, and a reduction in carbon dioxide, crime, energy consumption, heat island effect, and ozone formation; and

WHEREAS, the City of Richmond is committed to urban reforestation, takes great pride in its beautification projects; and is requesting recertification as a Tree City USA by the National Arbor Day Foundation; and

WHEREAS, the City of Richmond is developing the Urban Greening Plan, a master document to guide and coordinate future greening projects that includes a living list of approved street trees, tree inventory, and urban forest best practices appendix; and

WHEREAS, the City of R ichmond expresses its sincere appreciation to the Public Works Department’s Parks and Landscaping Division , which improves the quality of life for all residents through the efforts and dedication of its members and the community; and

WHEREAS, on Saturday, October 21, 2023, the Parks Maintenance Division, Groundwork Richmond, and the Urban Forestry Advisory Committee will engage in a tree planting project at Lucas Park at the corner of Lucas Ave and 10th Street.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council does hereby declare October 21, 2023, as Arbor Day in the City of Richmond and urges residents to participate in Arbor Day by planting, nurturing, and celebrating trees.

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N
Declaring October 21, 2023, as Arbor Day

___________________________
Mayor Eduardo Martinez
City of Richmond, California
October 21, 2023

1178

Page 1 of 1 ends

November 7, 2023

Mayor's Office

DATE: November 7, 2023
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Planning Commission Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Aaron He is applying for a vacant seat on the Planning
Commission.

RECOMMENDED ACTION:

APPOINT Aaron He to the Richmond Planning
Commission, term expires, June 30, 2025 – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Aaron He is an Urban Planner/ Urban Designer who brings a strong desire to serve his community. With a B.S. in Chemical Engineering and a Minor in City Planning from UC Berkeley, Aaron brings a unique perspective to the commission. He has a strong understanding of planning principles, design components, and state bills related to planning. He also has experience working with CEQA and entitlement processes.

DOCUMENTS ATTACHED:

Attachment 1 – Application Redacted

AGENDA
REPORT
1179
1180

Page 1 of 2 ends

November 7, 2023

Mayor's Office

DATE: November 7, 2023
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Proclamation Declaring November 2023 as Native
American Heritage Month in the City of Richmond and
acknowledging the contributions of Native Americans in
our community.

FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Proclamation Declaring November 2023 as Native
American Heritage Month in the City of Richmond and
acknowledging the contributions of Native Americans in
our community.

RECOMMENDED ACTION:

PROCLAMATION declaring November 2023 as Native
American Heritage Month in the City of Richmond –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)

DISCUSSION:

This proclamation recognizes November 2023 as Native American Heritage Month in Richmond, California. It acknowledges the historical presence of Native American AGENDA
REPORT
1181

Page 2 of 2 ends

November 7, 2023
tribes, their contributions, and the need to educate about their heritage. It also highlights the importance of reconciliation and celebrates the ongoing contributions of the Native American community to the city's cultural diversity.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
1182

Whereas Richmond, California, resides on the ancestral lands of the Ohlone people, among other Native American tribes, whose presence and stewardship have persisted since time immemorial; and

Whereas Native American Heritage Month is an opportunity to honor the rich history, culture, and traditions of Native Americans and to recognize the many contributions they have made to our community and our nation; and

Whereas the City of Richmond recognizes that the histories of Indigenous peoples are intricately woven into the fabric of the city and the nation, and it is imperative to acknowledge and teach about the original inhabitants of this land; and

Whereas it is also a time to acknowledge the systemic policies of assimilation and removal that have attempted to erase Native American cultures and languages, and to reflect upon the need for reconciliation and to address the enduring impact of such policies; and
Whereas the City of Richmond celebrates the ongoing contributions of the Native American community in enriching our city's cultural diversity and reaffirms its commitment to uplifting the Indigenous residents of Richmond;
Now, I, Mayor Eduardo Martinez, on behalf of the Richmond city council, do hereby proclaim November 2023 as Native American Heritage Month in the City of Richmond.

Proclamation Declaring November 2023 as Native American Heritage Month in the City of Richmond
Mayor Eduardo Martinez
City of Richmond
November 7th, 2023
Therefore,
1183

Page 1 of 2 ends

November 7, 2023

Police Department

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Blanket Purchase Orders for Ongoing Police Ammunition
Purchases
FINANCIAL IMPACT: The proposed expenditure of $100,000 was budgeted for accordingly in the fiscal year 2023-2024 budget. The
remaining $100,000 will be budgeted for accordingly in
the next budget cycle – account string 01191021-400341.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Richmond Police Department would like to purchase
ammunition from a group of four (4) vendors due to the
national ammo shortage affecting many suppliers.

RECOMMENDED ACTION:

APPROVE and AUTHORIZE the Police Department to
create blanket purchase orders for required training and duty ammunition purchases of up to $50,000 per vendor,
for the remainder of Fiscal Year 2023-2024 and Fiscal
Year 2024-2025. The four vendors are Dooley, LC
Action, San Diego Police Supply, and Ammo
Incorporated – Police Department (Chief Bisa French
510-621-1802).

AGENDA
REPORT
1184

Page 2 of 2 ends

November 7, 2023
DISCUSSION:

Ammunition continues to be in high demand and low supply, and has been that way for several years now (for various reasons). As a Police Department that carries service weapons on their day-to-day patrol, it is important to stay well-trained, and well- prepared. In order to accomplish this, our ammunition supply chain needs to work fluidly; however, for a myriad of reasons, vendors are often out of the needed caliber sizes at the quantities needed to support a training class or academy course, at the most inconvenient times. Therefore, having multiple vetted sources will help reduce supply chain bottlenecks, backordered wait times, and extensive staff time spent finding a vendor with the correct ammo in stock.

Certain caliber sizes are especially hard to find, and will require at least three-vendors to pull enough supply for our needs. Additionally, following the pandemic, ammo vendors are so short-staffed that they have stopped offering formal quotes, which further reduces the ability to source formal quotes on a weekly basis. The vendors we have selected have submitted quotes for the caliber sizes that we need, and will be able to offer informal quotes via phone which will ensure that they can provide our needed quantities at the best prices prior to placing an order. One vendor in particular, San Diego Police Supply, is the only vendor able to provide us with 308 ammo that has been authorized for use with the police Designated Marksman rifles.

Additionally, the onboarding of officers requires thousands of rounds of ammunition not only during the academy but also during their qualification shoot with Richmond Police Department issued service weapons. The various academy times and onboarding dates makes maintaining the supply difficult when vendors are experiencing supply chain and manufacturing issues. The blanket purchase orders will allow staff to quickly find the vendor with ammunition in stock and eliminate the bottlenecks staff frequently run into with other ammunition vendors. In order to make the four vendor options work, department staff is requesting $50,000 per vendor (a combined total not to exceed $200,000). Due to the changing manufacturing and supply conditions, it is entirely possible that department staff will not utilize part, or all, of a vendor’s purchase order.

The Police Department has worked with the Finance Department’s Purchasing Division, to ensure that this purchase complies with the Richmond Municipal Code for individual purchases of under $50,000.

DOCUMENTS ATTACHED:

Attachment 1 – Quotes
Attachment 2 – Quote Summary Form

1185
Ammo Incorporated
7681 E. Gray Rd
Scottsdale, AZ 85260
Tel 855-343-6160 QUOTEACKNOWLEDGEMENT
Plex Manufacturing Cloud jheibult - 8/23/2023 3:08 PM

Page 1 of 1 ends

CUSTOMER ORDER
SoldTo: Richmond Police Department
1701 Regatta Blvd
Richmond, CA 94804
ShipTo: Richmond Police Department
1701 Regatta Blvd
Richmond, CA 94804
USA
OrderNo: 10057 Date: 8/23/2023
OrderedBy: Phone:

Email: CustPONo:

FOB: Origin ShipVia:

FreightTerms: Prepay & Bill Terms: Net 30
DueDate CustomerDue
Date
Part CustomerPart Description/Note Quantity Shipped
Quantity
Unit UnitPrice Extended
Price
8/23/2023 8/23/2023 30200 - 9MM LUGER 124
GR TMC - 50 RD BOX
9124TMC-A50 SIGNATURE - 9 MM 124 GR TMC - 50
RD BOX
20 0 box $12.43000 $248.60
8/23/2023 8/23/2023 30052 - 40 S&W 180 GR
TMC - 50 RD BOX
40180TMC-A50 SIGNATURE - 40 S&W 180 GR TMC -
50 RD BOX
20 0 box $17.76000 $355.20
8/23/2023 8/23/2023 30064 - 45 AUTO 230 GR
TMC - 50 RD BOX
45230TMC-A50 SIGNATURE - 45 AUTO 230 GR TMC -
50 RD BOX
20 0 box $22.73000 $454.60
8/23/2023 8/23/2023 30075 - 223 REM 55 GR
FMJ - BOX - 20 RD BOX
223055FMJ-A20 SIGNATURE - 223 REM 55 GR FMJ -
BOX - 20 RD BOX
50 0 box $9.06000 $453.00
8/23/2023 8/23/2023 30202 - 5.56x45 62 GR
SS109 - 20 RD BOX
30202 - 5.56x45 62 GR SS109 -
20 RD BOX
SIGNATURE - 5.56X45 MM 62 GR
SS109 - 20 RD BOX
50 0 box $9.88000 $494.00
SubTotal $2,005.40
OrderTotalAdjustment $0.00
Total $2,005.40
Notes
1186
QUOTE
DATE: 08/23/2023
PHONE: FAX:

NOTES:

PRICES PER THOUSAND ROUNDS
Florencio,
See above for the prices requested 'per
thousand rounds', and let me know if you have
any questions. After you get me the quantities
requested for each, then I'll work up a final
quote with tax & shipping.

Barbara
Price Quote
Ship To:

Here are the requested prices:

SUBTOTAL:

TAX*:TAX
RATE:

TOTAL:

RICHMOND POLICE DEPT.

DAN REINA//PEGGY CHOU
1701 REGATTA BLVD
RICHMOND, CA 94804
(510) 620-6830 (510) 620-6880
$0.00
$0.00
$0.00
$0.00

9.7500%
SHIPPING:

QUOTE #: 022754
Cust. ID #: 000096
PO# (if appl.)________________ Authorization Signature ____________________________ Name & Title __________________________________
TERMS: Net 30
Quote is for official department use only
Type: FET OUT - Agency
To proceed with the order as quoted, please confirm the details above, and sign & complete below:

Date ______________________
CONTRA COSTACounty:

QUANTITY SYMBOL DESCRIPTION PRICE EXTENSION
$0.00 $0.00
Q4172 9mm 115gr. Full Metal Jacket $266.00 $0.00
USA9MM 9mm 124gr. Full Metal Jacket $278.00 $0.00
Q4238 40 S&W 180gr. Full Metal Jacket $338.00 $0.00
Q4170 45 Auto 230gr. Full Metal Jacket $386.00 $0.00
USA223R1K 223 55gr. Full Metal Jacket $459.00 $0.00
Q3131K 5.56mm 55gr. Full Metal Jacket $459.00 $0.00
USA223R3 223 62gr. Full Metal Jacket $623.00 $0.00
1187
1088 N FIRST STREET
SAN JOSE CA 95112 Date Aug-30-2023
TEL: 408 294-2677 • FAX 408 294-6444
EMAIL: [email protected]
STATE OF CA SBE CERTIFICATION # 1017260
CUST#
QTY. PRICE TOTAL
1000 0.29 290.00
1000 0.30 300.00
1000 0.46 460.00
1000 0.53 530.00
1000 0.63 630.00
1000 0.75 750.00

0.00 0.00

0.00 0.00
Notes: $2,960.00

9.750%
288.60

0.00 $3,248.60

LC ACTION POLICE SUPPLY

SUBTOTAL

SALES RATE

SALES TAX

SHIPPING
TERMS

KYLE MILLER
F.O.B.

Ship To:

TOTAL
EST. DELIVERY

DESCRIPTION
NORMA 115GR 9MM FMJ #620240050
NORMA 124GR 9MM FMJ #620340050
NORMA 180GR .40CAL S&W FMJ #620740050
NORMA 230GR .45CAL FMJ #620840050
NORMA 55GR .223 FMJ
NET 30

QUOTED BY
To:

ATTN: SGT FLORENCIO RIVERA

RICHMOND POLICE DEPARTMENT
EM: [email protected]
62GR .223 FMJ AMMO

QUOTATION
1188
TO: SHIP TO:

AGENCY: ATTN:

PHONE:

FAX: PO / REF#:

EMAIL: AUTH BY:

QTY UNIT EXT. PRICE
CS/1000 FEDERAL 9MM 124GR FMJ
CS/1000 FEDERAL 40S&W 180GR FMJ
CS/1000 FEDERAL 45ACP 230GR FMJ

CS/500 FEDERAL .223 55GR FMJ-BT
CS/500 FEDERAL .223 62GR FMJ-BT

NOTES:

TAX% 0.09750

RICHMOND PD
916-919-5810

PRODUCT CODE

ALL ORDERS MUST BE SUBMITTED IN WRITING

FOR DEPARTMENT PURCHASE ONLY

DESCRIPTION
E-mail: [email protected]
SUBTOTAL:

FREIGHT:

TOTAL:

Sales tax will be charged at the rate for the delivery address Phone: (858)974-8500 Toll Free: (800)367-8989 Fax : (858)974-8530 San Diego Police Equipment Co. Inc., 8205-A Ronson Road, San Diego CA 92111

TO PROCEED WITH ORDER AS QUOTED, PLEASE PROVIDE SHI PPING INFORMATION AND SIGN FORM $349.52 FED-AE45A
FED-AE223
FED-AE223N

UNIT PRICE
$228.96
$235.70
08/29/23
09/29/23
QUOTED BY: RYAN
DATE:

EXPIRES:

TERMS: NET 30
FED-AE40R1
$235.90
$319.80
FED-AE9AP
QUOTE
[email protected]

SGT FLORENCIO RIVERA
Freight may be additional.
1189
Division/Department:
____POLICE_____________________ Quote Summary Form Form completed by: __STEVEN LINDERMAN___________________ PR# Bidders' Names:

Unit Ext. Unit Ext. Unit Ext.

Price Price Price Price Price Price
Item 1 price: 0.2486 248.6 0.26 260 0.29 290

1. Descript:

Manufacturer offered by bidder:

Model offered by bidder: 9mm
Item 2 price: 0.3552 355.2 0.338 338 0.46 460

2. Descript:

Manufacturer offered by bidder:

Model offered by bidder: 40 S&W
Item 3 price: 0.4546 454.6 0.386 386 0.53 530

3. Descript:

Manufacturer offered by bidder:

Model offered by bidder: 45 Auto
Item 4 price: 0.453 453 0.459 459 0.63 630

4. Descript:

Manufacturer offered by bidder:

Model offered by bidder: 223 Rem
Item 5 price: 0.494 494 0.459 459 $___________

5. Descript:

Manufacturer offered by bidder:

Model offered by bidder: 5.56
Sub-Total: $__________ $__________ $__________
Shipping & Handling, if any $__________ $__________ $__________ Add tax at current rate (9.75%) $__________ $__________ $__________ Grand Total $$ $
Notes:

Mfg:

Mdl:
(Vendor 1)
Ammo Inc.
(Vendor 2)
DooleyQuote Title: Blanket Ammo P.O.

Quote No.

Quote Submittal Deadline:

Mdl: Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mfg:
(Vendor 3)
LC Action
Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Use more pages as necessary 12 DEC 2022 11190

Page 1 of 2 ends

November 7, 2023

Police Department

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Proposed Contract with Donnoe and Associates to
Administer the Promotional Exam for Police Sergeant,
Lieutenant, and Captain.

FINANCIAL IMPACT: The proposed expenditure amount of $38,500 is included within the Police Department’s approved Fiscal Year
2023-2024 budget – account string 01191021-400201.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The City of Richmond Police Department is seeking an
experienced firm to manage and administer their
promotional testing and examination process for Police
Sergeants, Police Lieutenants, and Police
Captains.

RECOMMENDED ACTION:

APPROVE a contract with Donnoe & Associates, Inc., in
a total amount not to exceed $38,500, for Police Staff
promotional exam creation, administration, and ranking, for the period November 8, 2023, through November 7,
2024 – Police Department (Chief Bisa French 510-621-
1802).

DISCUSSION:

The Police Department has vacancies in the positions of Police Sergeant, Police Lieutenant, and Police Captain. To ensure the Police Department can identify the best candidate to meet the department’s mission and goals, department staff issued a Request for Proposals (RFP) to find an outside vendor with experience in exam AGENDA
REPORT
1191

Page 2 of 2 ends

November 7, 2023
creation, administration, and ranking, for similar positions. The scope of work will include the following:

 Project planning, job analysis, and examination plan development;  Meetings with Police Department Management to define examination process;  Analyzing existing qualifications and providing recommendations;  Creation of an examination plan;
 Written examination development, administration, and scoring;  Researching and develop customized job-related exercise based on the Police Department’s mission statement;
 Developing an orientation process for Police Sergeants, Police Lieutenants, and Police Captains;
 Administering the assessment center;
 Scoring metrics, compilation, and ranking; and
 Compiling and providing candidate scores based on examination plan.

The RFP opened on July 26, 2023, and closed on August 17, 2023, in accordance with the City’s purchasing guidelines. A total of 215 vendors were notified and four vendors met the qualifications. Of the four qualified vendors, Donnoe & Associates, Inc. was awarded the bid based on the City’s scoring standards that were identified in the RFP.

The scoring was awarded for each category as follows:
 up to 50 points for Vendor Background
 up to 25 points for Proposal/Scope of Services
 up to 25 points for Cost

Donnoe & Associates, Inc. was the leader in two of the three categories, with a tie in the Cost category, making Donnoe & Associates, Inc. the unanimous winner of the bid.

Donnoe & Associates, Inc. has had plenty of experience in the field of Promotional Testing and has worked under contract with the City numerous times, the first being in 1994, when Donnoe & Associates, Inc. tested for City of Richmond Fire Marshal.

Donnoe & Associates, Inc. has extensive knowledge of written tests, online exams, oral exams, job analyses, and performance tests, and has worked with many other major cities, counties, law enforcement agencies, schools, and universities throughout California.

Police department staff believes the professional help and recommendation provided by Donnoe & Associates, Inc. will provide exemplary candidates for Police Sergeant, Lieutenant, and Captain.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Request for Proposal (RFP)
1192

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:

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.
1193

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Police Department
1195
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

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. 1196
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:

DIANE DONNOE
1197
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1198
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.

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:

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.

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.

1202
General Conditions/EJ/TE 01-19-11 6 of 13

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 1203
General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

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 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.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1206
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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.

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:

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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 1208
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.

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.

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.

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General Conditions/EJ/TE 01-19-11 13 of 13

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
1211
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.
1212
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1214
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

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

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1215
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

1216
Donnoe & Associates’ Proposal to the
City of Richmond for Promotional Testing for
Police Sergeants, Police Lieutenants, and Police Captains __________________________
Michael Donnoe, President August 8, 2023
10940 Fair Oaks Blvd, Suite 700, Fair Oaks, CA 95628 • Email: [email protected] Phone: (916) 928-4911 • Toll-Free: (877) 22-EXAMS • Website: www.donnoe.com

EXHIBIT G
1217
Donnoe & Associates’ Proposal to the
City of Richmond for Promotional Testing for
Police Sergeants, Police Lieutenants, and Police Captains Table of Contents
Background and Project Summary: Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Our Work with Richmond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Our Examination Expertise for the Public Sector . . . . . . . . . . . . . . . . . . . . . . . . 2 Key Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Professionalism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Teamwork With Richmond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Documentation, Reports, and Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Test Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Post-Exam Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Proposed Services for all Ranks: PROJECT PLANNING. . . . . . . . . . . . . . . . . . 7 Proposed Services for all Ranks: WRITTEN TESTS . . . . . . . . . . . . . . . . . . . . 11 Proposed Services for all Ranks: ASSESSMENT CENTERS . . . . . . . . . . . . . 12 Proposed Services for all Ranks: SCORING, METRICS, COMPILATION, AND RANKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Cost Information / Fees for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Business Information for Donnoe & Associates, Inc. . . . . . . . . . . . . . . . . . . . . 24 Professional Business Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 References for Related Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Donnoe & Associates’ Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 1218
Background and Project Summary: Qualifications
Donnoe & Associates was established in 1987. Since that time, we have provided human resource selection services for public agencies throughout the United States.

Our mission is to provide reliable and valid exams that help agencies select and promote the most qualified candidates. To accomplish this we have adopted the following values:

EXCELLENCE - Our performance demonstrates a commitment to and recognition of quality, dedication and innovation. We believe that the quality of our services is of utmost importance to our clients; we will not sacrifice quality for expediency.

FAIRNESS - Our exams use a standardized approach, which provides a fair and impartial assessment of candidates. We treat all people with dignity, respect and consideration.

SERVICE - We believe that the services we provide should enhance the mission of the client we are serving. We take pride in providing outstanding attention to every client agency we assist.

Our services include:
• Written Tests
• Online Exams
• Assessment Centers
• Oral Exams
• Performance Tests
• Job Analysis
• Exam Scoring
• Merit System + Exam-Related
Program Evaluation
Our clients include:
• Cities
• Counties
• Law Enforcement Agencies
• Prisons and Jails
• Fire Departments
• State and Federal Government
Agencies
• Universities
• Special Districts and School
Districts
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 1 1219
Our Work with Richmond
Donnoe & Associates has been working with the City of Richmond to provide testing and assessment services for the past 30 years. In this time, we have provided the following open and promotional recruitment, testing and assessment services:

Police Department (listed in rank order
and year order)
• Police Sergeant 2004, 2014, 2016,
2018, 2021 (cancelled by client),
and 2022
• Police Lieutenant, 2014, 2021
(cancelled by client), and 2022
• Police Captain, 2002
• Police Chief, 1999
General Municipal Positions (listed in
alphabetical order and year order)
• Accountant, 2021, 2022
• Accounting Assistant, 2017, 2019,
2021, 2023
• Assistant / Associate
Administrative Analyst, 2020
• Clerical - File Clerk, 2023
• City Clerk, 2018
• Human Resources Technician,
2017, 2022, 2023
• Maintenance Worker, 2019, 2020
• Office Specialist, 2018, 2022
• Office Assistant, Library Assistant
I/II, 2017, 2018, 2021
• Payroll Coordinator, 2022
• Senior Clerical / Executive
Assistant, 2021, 2022
• Utility Worker, 2015
Fire Department (listed in rank order and
year order)
• Fire Engineer, 2017, 2018, 2019
• Fire Captain, 1996, 2018
• Fire Battalion Chief, 1995
• Fire Chief, 2004
• Fire Inspector, 2019
• Fire Marshal, 1994
Our Examination Expertise for the Public Sector
Since its inception, Donnoe & Associates has successfully completed thousands of examination projects for public agencies throughout the United States, including over 3,000 Law Enforcement examinations (Entry Peace Officer through Chief of Police recruitments) and 3,000 Fire Service Examinations (Entry Firefighter through Fire Chief recruitments). This includes approximately 1,500+ assessment centers, and 4,000+ written tests. We have worked with most major cities in California, and on the West Coast to provide law enforcement exam services.

For non-safety jobs, we have provided written tests and assessment services for a full range of job titles – such as Heavy Equipment Operator, Administrative Analyst, Accountant, and Clerical jobs. We have also completed hundreds of written tests, online iAHQ Exams (internet-based Achievement History Questionnaires), and oral exams for general municipal jobs.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 2 1220
Key Staff
Donnoe & Associates has the staff, and the corporate capability, to provide the requested exam services for the City of Richmond. Following is a listing of our key staff.

For this project we do not anticipate the need to use any subcontractors.

MICHAEL DONNOE
President, and Principal Consultant
As President, Michael manages the company and directs all assessment projects for Donnoe & Associates, Inc., including assessment centers, performance exams, and oral exams.

Michael has worked with Donnoe & Associates, Inc. since 1995, and he has been working in a leadership role since 2001.

Michael holds a Master’s degree in Counseling Psychology and a Bachelor’s degree in Organizational Behavior, both from the University of San Francisco.

DR. WILLIAM DONNOE
Vice President / Industrial Psychologist
Bill has over 40 years of experience in personnel selection. Bill develops new examinations and assessment systems, and provides program evaluation and research services for clients.

Bill completed his doctorate in Education, with an emphasis in Organizational Leadership, from the University of San Francisco. He also holds Master’s and Bachelor’s degrees in Psychology from California State University in Sacramento. He is a licensed Industrial Psychologist in California (PSY 11341R), and a recognized expert in federal court on matters related to employment testing.

Unique Law Enforcement Experience (for both Bill Donnoe and the Company) • Assisted in development of California POST Hiring Interview Guidelines for Entry Peace Officer.
• Project Psychologist / Consultant for the City of Sacramento, one of five agencies contributing to / participating in the U.S. Department of Justice project: Hiring in the Spirit of Service. As part of this project Donnoe developed the following: Entry Peace Officer Pre-Employment Psychological Evaluation Guidelines, Entry Peace Officer Oral Interview Guidelines, Entry Peace Officer Writing Skills Assessment, and Police Officer Evaluation Process.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 3 1221

LINDSAY TZUR
Test Services Manager
Lindsay manages written test rental services for clients of Donnoe & Associates.

This includes test assembly and production of Stock Tests, Build-A-Tests, and Custom Written Tests.

Lindsay additionally provides business logistical support for the company. She holds a Bachelor of Fine Arts degree from the Academy of Art University, in San Francisco.

DIANE DONNOE
Chief Financial Officer
Diane manages accounting, contracts, and the day-to-day administrative aspects of the business. Diane has been a key part of the business since 1987.

Diane holds a Bachelor’s degree in Organizational Behavior from the University of San Francisco.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 4 1222
Scope of Services
Donnoe & Associates (Donnoe) is proposing to provide promotional exam services for Police Sergeant, Police Lieutenant, and Police Captain. Our proposed scope of work shown below follows the Scope of Services outlined in the RFP.

For all of these examinations the following will apply to our proposed work:

Professionalism
Our approach will meet or exceed all relevant regularity and professional guidelines for exam development, administration, scoring, and validation (i.e., Principles for the Validation and Use of Personnel Selection Procedures. 5th Edition, 2018, SIOP; and The Uniform Guidelines on Employee Selection Procedures, 1978); City policies; and any current labor contract specifications related to employment testing.

For Police examinations our work will also adhere to current California Commission of Peace Officer Standards and Training (CA-POST) guidelines for testing (e.g., requirement for agencies to address de-escalation during all promotional testing).

Teamwork With Richmond
We will work in partnership with the City of Richmond for all of our services. This will include careful planning of dates, analyses to be completed, subject matter expert (SMES) review of materials, content of exam bulletins, etc.

Documentation, Reports, and Statistics
Donnoe & Associates’ interactions with clients is electronically documented and preserved in our client histories. This will include key decisions, progress notes, any issues or problems encountered, and dates for important events. We will provide complete technical reports, as specified by professional guidelines and agency policy, and upon request from the City.

We are capable of producing relevant statistics on all exam elements, including test performance data, candidate / applicant flow, and test outcomes.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 5 1223
Test Validity
Most of our exam products including Stock Written Tests, Build-A-Test and Custom Written Tests, iAHQ Exams, as well as oral exams, performance exams and assessment centers involve measurement of job knowledge or ability and/or experience and achievements. These types of tests are best supported by content validity. For these Police Promotional Examinations we work closely with you, our client, to ensure that the content of the test is based on the jobs (job analysis, consultation on test assembly, and exam review by your subject matter experts). We will oversee / manage test administration and test scoring, as well as consultation on test score interpretation and passing scores. These steps ensure that the examinations provided to Richmond are valid and administered in a fair and consistent manner.

Post-Exam Support
Donnoe & Associates’ exam development services include support to the agency in the event of a challenge to exam validity. This includes written test protests by candidates. Additionally, exam administration services include support in the event of a challenge to exam administration.

All such challenges are also limited by the policies of the agency related to timing, format, and content of protests or complaints about the outcome of an exam. We will fully support the City with protest analyses, recommendations, and reports.

Dr. William Donnoe is a qualified expert witness in Federal Court on matters related to testing.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 6 1224
Proposed Services for all Ranks: PROJECT PLANNING
We will begin project planning, job analysis and examination plan development by meeting with Police Department Management, and assigned subject matter experts (SMEs). This will 1) define the examination process for each rank, 2) define the reading lists to be associated with each written test, and 3) to ensure a balance of qualifications, exam steps, exam content, and requirements for each rank and across these three ranks.

As part of our job analysis we will analyze the existing qualification requirements by rank, and make recommendations. We will work from our job analysis across the ranks of Sergeant, Lieutenant, and Captain to ensure a balance in m inimum qualification requirements and desirable qualifications – across the ranks.

We will work closely with the City to create job-related examination plans for each rank.

These exam plans will be based on job analysis results, input from RPD SMEs, and organizational considerations including factors such as expected / current vacancies and use of the eligibility lists (Patrol, Administration, Investigations, etc.).

Job Analysis
We would like to begin by completing a job analysis of the three ranks at the same time, before the first exam is conducted. This ensures that there will be a balance across the ranks in terms of how job tasks are specified, and how the knowledge, skill and ability (KSA) requirements of the jobs are specified, reading lists, etc. This further allows tasks and KSAs to build as the jobs change from Officer to Sergeant, Sergeant to Lieutenant, and Lieutenant to Captain.

The job analysis components of our work should be considered a non-confidential process, and the results of these analyses should be available for anyone in the Police Department to view, study, and prepare from for any upcoming testing opportunities.

Our job analysis process for all ranks includes the following steps:
• Review of existing job class specifications, organizations charts, and policies and procedures of the department.
• Consideration of past job analyses, completed by Donnoe & Associates for Sergeant and Lieutenant in the Richmond Police Department in 2014 and 2021.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 7 1225
• Construction of new job analysis questionnaires for each rank. These will be in electronic format and can be completed on-line by respondents (incumbents and supervisors of each rank to be analyzed).
• Compiling and interpretation of the on-line job analysis questionnaire results by Donnoe & Associates.
• Presentation of a draft report for each job analysis to Police Department Management. Once these reports are approved we will provide the language needed for exam bulletins; to be published by Richmond Human Resources. • The job analysis results will also identify the source documents that will be used in construction of the written tests.

The exam plans based on our job analyses will identify tasks and KSAs in order of priority for exam development. For example, tasks and KSAs will be similar to what is shown below.

TASK ANALYSIS 1
Priority 1 Tasks: The following tasks will be directly measured within the exam plan. Tasks within this group may be combined to formulate one or more assessment exercises.

Sample Tasks:
• Supervise a group of officers assigned to a unit or function in the Police Department.
• Provide on-the-job instructions and advice to officers in relation to specific policing or technical problems in the field or during investigations.
• At the scene of an emergency incident or field situation, take command and direct/request resources.
1 Tasks and KSAs shown here are taken directly from Donnoe & Associates’ job analysis of the Richmond Police Sergeant job, as part of the 2014 and 2021 promotional examinations.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 8 1226
Priority 2 Tasks: The following tasks should be directly measured within the exam plan. Tasks within this group may be combined with Priority 1 tasks, to further provide an operational definition of an assessment problem.

Sample Tasks:
• Respond to and investigate officer-involved accidents, shootings and other use of force incidents.
• Meet with citizens to hear complaints.
• Conduct formal and informal counseling sessions with assigned personnel in order to correct work deficiencies and develop work skills.

Priority 3 Tasks: The following tasks may be measured within the exam plan.

Tasks within this group are more likely to represent individual written test questions, of individual oral questions in the assessment.

Sample Tasks:
• Plan, and assist in the execution of, high-risk warrants, raids/police actions, etc.
• Direct and participate in the routine gathering of evidence, questioning of witnesses, and apprehension and interrogation of suspects.

Priority 4 Tasks: The following tasks will not be used to build the exam plan.

Sample Tasks:
• Supervise the custody and care of prisoners.
• Supervise civilians performing administrative and support service duties.

KSA ANALYSIS
Priority 1 KSAs. These will be the foundation of assessment dimensions. These KSAs are measured in the written test and assessment center.

Sample KSAs:
• Knowledge of state and federal criminal law.
• Ability to take command in disorderly situations.
• Ability to effectively work with, and provide services for, citizens in a diverse community.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 9 1227
Priority 2 KSAs. These will be the part of assessment dimensions – with secondary emphasis behind the Priority 1 KSAs. These KSAs should measured in the written test and assessment center.

Sample KSAs:
• Knowledge of the Richmond community, including demographics, issues impacting crime and safety, and resources available. • Ability to recognize performance problems and training needs in assigned personnel and take effective corrective action.

Priority 3 KSAs. These may be indirectly tested.

Sample KSAs:
• Knowledge of labor contracts for those supervised.
• Ability to effectively utilize computers, software, and communications systems in all aspects of the job.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 10 1228
Proposed Services for all Ranks: WRITTEN TESTS
Written test development based on examination plan
The job analysis will provide the specific knowledge statements, and priorities, for testing. Additionally the job analysis process will result in identification of the sources or reference materials that will be used in construction of the written tests.

The exam bulletin will specify the scope of the exam plan. The tests that are developed for each rank will follow the bulletin and the job analysis reports.

Donnoe staff will develop all written test materials and present these to Police Department SMEs for review and validation.

Written test administration
We will work closely with the City of Richmond to provide the City’s written test proctors with guidance, training and oversight for written test administration. Test administration will be very straight-forward, and for a 100 item test the time frame is generally set at two hours.

Written test scoring
Candidates will provide answers to the written tests on Scantron answer forms. Donnoe will score the written tests using Scantron software and hardware.

Written test appeals
We will promptly address any appeals filed by candidates regarding written test items.

This must include conformance of the appeal to established rules of the City.

For any such appeal we will provide an analysis that is based on the source materials that support the test item. We will provide recommendations regarding each such appeal, and we will ask that RPD SMEs weigh-in on these recommendations where an interpretation or opinion is needed.

Following resolution of these appeals, scoring for that test element will be completed.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 11 1229
Proposed Services for all Ranks: ASSESSMENT CENTERS
Assessment center development
Exam Development Steps. We will work with Police Department SMEs to identify the requirements of the job (job analysis), and the emerging issues in the agency. From our job analysis foundation Donnoe & Associates will develop all exam materials. This includes exam questions, instructions to candidates and raters, and exercise-specific grading considerations. All materials are then reviewed and approved by agency SMEs for exam administration.

We do not ask SMEs to develop exam questions and problem sets; this can reduce the overall security of the exam, and place an undue burden on the involved parties. We are experts in job analysis and test construction; we need to rely on the agency SMEs for exam review – they are experts in how the job is used by the agency.

Our Approach. Donnoe & Associates’ approach to assessment center examinations is to build new exam exercises and problem sets for an agency and job, directly from job analysis information and SME input. Our assessment problem sets are job-related, at the difficulty and complexity level of the job, and to the extent feasible represent job simulation problems.

Our assessment exercises never allow candidates to perform in front of each other or in response to each other (e.g., no leaderless groups).

Typical Assessments for Police. For Police assessment center examinations, by rank, our assessments typically include the types of exercises or problem sets shown in the table below. For a typical assessment center we work with Police Department SMEs to select the problem sets that best reflect the needs of the agency, the rank, and are not touching on sensitive topics (e.g., a topic that could point to individuals in the department or the community).

We generally have three or four such assessment problem sets in an examination (for Police Sergeant, Police Lieutenant, or Police Captain).

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 12 1230
Sample Assessment Center Exam Outlines for
Police Sergeant, Police Lieutenant, and Police Captain
Police Sergeant
Sample Assessment
Exercises
Police Lieutenant
Sample Assessment
Exercises
Police Captain
Sample Assessment
Exercises
Critical incident scene
supervision
Post use of force scene
supervision
Roll call briefing on an
assigned topic
Role play with subordinate
Personnel development
exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
Incident command at a
complex emergency event
Internal personnel
investigation
Policy development
exercise
Project management
exercise
Problem analysis exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
Policy and executive level
management exercise
Budget management
exercise
Community partnership
exercise
Operations plan exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
This table lists types of exercises which are also mixed with optional exercise formats that include such elements as:
• Formal oral presentations
• Written reports
• Question-and-answer interviews
• Face-to-face role play meetings with individuals
• Role play meetings with groups (e.g., simulated community meeting) • Problem sets preceded by preparation at the exam site • Problem sets preceded by preparation by the candidate days before the exam (i.e., take-home prep)
• Problem sets with no prep; these problem sets unfold in the exam room (e.g., escalating emergency situation, including optional branching exam tracks based on candidate actions)
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 13 1231
Exam Review by SMEs. All exam materials will be reviewed by Police Department SMEs. We will advise the agency on the constitution of the SME panel to maximize validity and minimize the possibility of a successful candidate appeal.

As descried above, Donnoe develops all test materials then has these materials reviewed and approved by agency SMEs.

This SME review process includes our multiple choice written test questions as well as the assessment exercises and grading considerations.

Research and develop customized job-related exercise based on the Police Departments mission statement
Exam development will draw heavily on the job analysis. Knowledge of the Police Departments mission statement will be part of this job analysis, and will be incorporated into the assessment plans.

Orientation process for candidates
Prior to the first exam element (written test or assessment center), candidates will be provided with an internet link to our standardized exam orientation process. This is a video based link that should answer candidate’s questions about how the exams were developed, how to prepare for a promotional exam, what to expect, and how they will be evaluated. This generally goes to candidates by email, sent by agency Human Resources staff, well before the first exam element is administered. Candidates may view the orientation video repeated times if they wish to do so.

Administration of the assessment centers 2
Rater Training. Raters will receive a link to our on-line rater training portal prior to an exam. This will be completed by raters individually before the exam day. The focus of this training is how to rate candidates, documentation of observations; and how to keep the process fair for candidates. The training is self-administered and takes up to one hour to complete. Raters, as well as agency personnel who complete this training, will receive a Certificate of Training after the exam process. 2 The exam administration model described here is the same approach that we took for the last / 2021 Police Sergeant and Police Lieutenant assessment centers for the City of Richmond. Those exams were very well received by the City, Police Management, the Union, and candidates. Additionally, there were no protests or complaints from candidates in any of those examinations.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 14 1232
On the day of the assessment center, raters are greeted by the agency staff to briefly discuss the agency and the job. Next all raters will meet Donnoe staff through a Zoom or MS Teams connection. Questions will be answered from individual raters. Then teams or panels of raters breakout and go over their specific exercise, unique rating forms, and breakup assigned questions before meeting with candidates.

Exam Administration. With Donnoe & Associates’ assessment center administration the following occurs:
• Raters will complete an on-line self-administered training process prior to exam day.
• On exam day raters meet with Donnoe staff over Zoom or MS Teams to discuss the assigned exam exercises, review the process, and have their questions answered. Donnoe staff will manage this remotely (i.e., we will remain in our offices in Northern California).
• Donnoe & Associates will remotely monitor each exam panel, the schedule, and the process of rating candidates through our digital system. • Confidentiality and exam security will be maintained. • Raters will score candidates using Donnoe & Associates’ proprietary digital rating system. Rating forms are completed independently by raters immediately after examining a candidate. Raters cannot go to the next candidate until all ratings and documentation has been completed for the candidate just examined. • As e-ratings are completed, these are submitted directly to Donnoe & Associates electronically. Raters cannot go back and change ratings once submitted.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 15 1233
Proposed Services for all Ranks: SCORING, METRICS, COMPILATION, AND

RANKING
Scoring metrics, compilation, and ranking.

Written Tests will be machine-scored by Donnoe & Associates. We use Scantron test forms, hardware, and software. All questions will be 4-option multiple choice, with one correct answer. Written test results are compiled and reported by reference or source document.

In addition to raw score tabulation we can provide detailed test item analyses, and overall test performance statistics (e.g., central tendency, variability, reliability, etc.).

Assessment Centers will be scored by trained raters. These raters will use Donnoe electronic rating forms that are completed independently by each rater, for each candidate, in every exam exercise. These rating forms collect ratings by such scoring elements as Key actions, or Rating dimensions. Each rating for must be accompanied by a written rationale that summarizes and describes why a candidate was cored in a particular manner (e.g., High, Medium, Low or Fail). This is in effect a validation statement that justifies ratings in terms of the requirements of the job (as measured by the exercise), the established grading criteria / metrics, and the actions taken, or failed, by the candidate.

For each scoring element in the assessment centers, the rating scale to be used by raters will be limited to the passing values: 100, 95, 90, 85, 80, 75, 70, and the single failing value of 60. This rating scale is shown below in Figure 1.

Score Compilation will strictly follow the language in each exam bulletin. A complete score report will be developed for each candidate that displays 1) every rating, in all exercises and summaries across raters, such as the average rating for the exercise; 2) exam weights by element; 3) summary of the weighted scores by exercises in terms of points earned; and, 4) a composite score that will be the basis of the rankings.

A sample score report for one candidate in the 2014 Richmond Police Sergeant promotional exam is shown in Figure 2. The candidate identity for this sample is protected.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 16 1234
Figure 1. Donnoe & Associates’ Assessment Center Rating Scale 3 Rating Scale

HIGH MEDIUM LOW FAIL
100 95 90 85 80 75 70 60
Typical observations by rating category are listed.

Excellent
G The candidate’s
response to the
problem set and
questions is
excellent.

G The candidate may
have omitted minor
details, but has not
otherwise made
mistakes.

G Clearly
understands the
problem
G Has thorough and
organized
response to the
problem
Very Good
G The candidate has
done a very good
job and has
generally exceeded
rater's
expectations.

G The candidate may
have omitted some
minor required
actions, may have
made minor
technical or
procedural
mistakes.

G The candidate’s
responses may be
somewhat
disorganized
Minimally Acceptable
G The candidate has
minimally met
rater’s expectations
G The candidate may
have omitted some
of the expected or
required actions
G May have
presented a less
effective or less
organized
response than
desired
G Minor mistakes
may have been
observed
G The candidate has
provided an
acceptable but
weak response
G The candidate’s
responses may
have been very
brief
Not Acceptable
G This candidate may
need further
development.

G The candidate has
not demonstrated
that he/she can
safely and/or
effectively perform
the job, as
measured by this
exercise
G The candidate has
made major
mistakes in
response to this
exam problem, with
regard to life safety
or Agency policies
and procedures
G The candidate did
not understand the
problem
G The candidate’s
responses did not
make sense
G The candidate’s
actions may reflect
very negatively on
the Agency
G This is a failing
grade
3 This is a standardized and validated rating scale. Donnoe & Associates developed this rating system and has been successfully using this scoring model for over 35 years.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 17 1235
Figure 2. Sample Score Report 4
Richmond Police Department
2014 Police Sergeant Promotional Exam Results
Candidate Name:

Written Test Results Questions Percent Points
Reference in Test Correct Score Weight Earned
Group Violence Intervention 10 4 62.00% 25% 15.50
California Criminal Investigations 20 9
RPD Policy Manual 20 14
Police Crime Control Strategies 10 6
Leadership on the Line 10 6
Racial Reconciliation 5 4
Summary of Findings – APD 2 1
The Leadership Challenge 13 10
Stronger, Safer Communities 5 4
Emotional Intelligence 5 4
Panel A. Take-Home Research Problem Points
Rating Dimension Rater 1 Rater 2 Average Weight Earned
Written Communication Skills 85 75 88.13 25% 22.03
Oral Communication Skills 90 85
Leadership Skills 95 90
Policing Skills / Richmond 95 90
Panel B. Supervision + Leadership Exercise Points
Rating Dimension Rater 3 Rater 4 Average Weight Earned
Problem Analysis + Decision Making 100 100 100.00 25% 25.00 Communication Skills 100 100
Leadership Skills 100 100
Supervision Skills 100 100
Panel C. Critical Incident Exercise Points
Rating Dimension Rater 5 Rater 6 Average Weight Earned
Problem Analysis + Decision Making 75 75 81.50 25% 20.38 Command and Control Skills 85 85
Leadership Skills 85 85
Supervision Skills 80 85
Policing Skills / Richmond 80 80
Overall Assessment Center Score = 89.88
Overall Exam Score (WT + AC) = 82.91
4 This is for one actual candidate in the Richmond Police Sergeant promotional examination of 2014.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 18 1236
Compile and provide candidate scores.

Scores will be based on the examination plan, and will follow the exam bulletin directly in terms of exam elements and weights. Donnoe & Associates will have the completed score reports available and presented to the City within five working days of exam completion. This will include a rank-ordered score report based on final weighted examination scores.

We will also advise the City on entering our exam scores into applicant tracking software to avoid non-planned software changes to scores and ranks (e.g., z-scores).

Feedback from candidates
As candidates complete the assessment center process for each rank, they will be requested to provide feedback through a questionnaire.

This questionnaire will ask about each person’s personal experience in terms of job- relatedness of the test components, clarify of verbal and written instructions provided during the test, and their feelings about how they were treated by raters and staff throughout the exam process. This occurs at the exam site while the experience is very fresh for the candidates, and well prior to receipt of their score reports, feedback reports, and rankings.

The results of this post-exam candidate questionnaire will be compiled into a report for Human Resource staff and Police Department Management.

Assistance with scoring errors and omissions
We will provide assistance to the City throughout the contract to ensure that errors are minimized, materials are accurate, and that a professional image is presented.

Our scoring system minimizes errors in the following ways:
• Written tests are machine-scored.
• Assessment scoring is completed by raters using our proprietary on-line digital rating forms; raters enter scores, not our staff.
• During the assessment scoring process our staff continually evaluate rater’s use of the digital rating forms, and their adherence to our instructions. • When the exam is finished the score reports are built by cutting and pasting data from raters into a spreadsheet. We double-check this before finalizing score reports.
• When our score reports are provided to our client we ask them to double check that the weights and components align with their interpretation of policy and exam bulletin language.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 19 1237
If an error is observed we will acknowledge this and correct it immediately.

We will also work with the City to make sure that exam scores are accurately entered into the City’s applicant tracking system. 5 For example, some tracking systems will “standardize or normalize” scores and apply weights other than as intended. We will work with the City to ensure that this type of error does not occur.

Feedback to candidates
After the score reports have been validated as error free, final score reports are provided to the City. At this time we will additionally provide feedback reports for each candidate. These feedback reports speak for themselves and do not have to be verbally explained to candidates. Such verbal explanations can result in mis-interpretation of data by either a candidate or the person providing the explanations. Our candidate feedback reports include the following elements:
• A brief description of each exercise in the assessment center. • A copy of the rating dimensions, as defined for the raters. • A complete candidate-specific score report (the same candidate score report as provided to the City).
• A score interpretation / feedback guide is provided with the feedback report. A copy of our standardized score interpretation is shown below in Figure 3 (Guide to Understanding Your Assessment Center Ratings).
• A copy of all rater comments, by exercise. These comments are typed by raters during the exam (i.e., rater’s validation statement) and are not edited, retyped, or interpreted by Donnoe staff.
• A copy of the rating scale.
5 Some applicant tracking systems are known to convert pre-weighted ratings to z-scores then weight again, and set a new non-valid cutoff to the distribution.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 20 1238
Figure 3. Guide to Understanding Your Assessment Center Ratings If your ratings for an exam part / dimension are in the range of:
95 to 100 (EXCELLENT) 80 to 90 (VERY GOOD)
Feedback: Your performance has exceeded
assessors’ expectations. For this exercise
your performance was excellent, in relation to
the requirements of the job. This means you
responded better than expected, and
addressed most or all of the important rating
criteria in your response.

Suggestions for improvement:
• Keep up the good work.

Feedback: Your performance overall is good
and has met the requirements of the job; or,
your performance was very good, but also
included some minor technical or procedural
mistakes (such mistakes could include a
somewhat incorrect response or a lack of
detail in your response).

This means you responded as expected in
relation to the requirements of the job, and
addressed important rating criteria in your
response (i.e., there is room for
improvement).

Suggestions for improvement: This is area in
which improvement can occur with:
• pre-exam practice and rehearsal,
and/or
• pre-exam review of policies and
procedures, and/or
• be aware that minor deviations from
verbal or written instructions in the
exam can decrease your ratings.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 21 1239
If your ratings for an exam part / dimension are in the range of:
70 to 75 (MINIMALLY ACCEPTABLE) 60 (FAIL / NOT ACCEPTABLE) Feedback: Your performance is acceptable,
and reflects both a minimally safe and
effective performance, but it could have been
much better. It is important to note that this
rating can correspond to a number of
different types of response patterns,
including any or all of the following:
• you may have performed very well
throughout the exercise, but you also
made one or more important errors
(this could be because you did
something wrong or you failed to do
something that was very important);
or,
• your individual strengths are not in
areas assessed by this problem (i.e.,
it was a tough problem for you, based
on your experience and preparation);
or,
• you may have simply not been very
prepared for this problem, including
misinterpretation of written or verbal
instructions.

Suggestions for improvement: This is area in
which improvement can occur with:
• pre-exam practice and rehearsal,
and/or
• pre-exam review of policies and
procedures,
• a clear understanding of the role of
the job being tested and the
responsibilities of this job in situations
reflected by the exam part / exercise /
questions, and/or
• be aware that deviations from verbal
or written instructions in the exam can
decrease your ratings.

Feedback: Your performance is below
assessor’s expectations. You may have
generally met the assessor's expectations on
some parts of this exercise. However,
negative behaviors and errors have been
observed in relation to this assessment
dimension, especially concerning major
elements of the exam part / exercise. In this
exam part, you have not demonstrated the
Knowledge, Skills, and Abilities needed to
safely or effectively perform the job.

Suggestions for improvement: This is clearly
an area where you can improve.

Improvement can occur with:
• pre-exam practice and rehearsal,
and/or pre-exam review of policies
and procedures,
• a clear understanding of the role and
responsibilities of this job in situations
reflected by the assessment exercise,
and/or
• close adherence to verbal or written
instructions in the examination.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 22 1240
Cost Information / Fees for Services
Fees shown are by rank. These are flat fees.

Fees are not dependent upon the number of candidates or the number of days needed for exam administration.

We do not charge for our travel, overhead, or other project expenses.

Invoicing occurs immediately prior to test administration. We do not ask for funding to get started.

Fees shown below are the same fees that we proposed and applied in the 2021 exams for the City of Richmond.

Fees by Rank
Police Sergeant promotional exam, as described above: $13,500 Police Lieutenant promotional exam, as described above: $12,500 Police Captain promotional exam, as described above: $12,500 Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 23 1241
Business Information for Donnoe & Associates, Inc.

Shipping Address / Office Location
Donnoe & Associates, Inc.
10940 Fair Oaks Blvd.

Suite 700
Fair Oaks, CA 95628
Phones
Phone (916) 928-4911
Toll Free (877) 22-EXAMS
Fax (916) 928-0911
Web Address and Email
www.donnoe.com
[email protected]
Incorporated in California. Corporate Officers include:

1. Michael Donnoe, President

2. Dr. William Donnoe, Vice President / Industrial Psychologist

3. Diane E. Donnoe, Chief Financial Officer
Tax ID Number: 68-0427030
State of CA Certified MicroBusiness, ID Number 55257. Current certification is valid through 11/30/23.

Professional Business Insurance
Donnoe & Associates, Inc maintains all of the required insurance, specified in the RFP, including:

1. Commercial General Liability coverage

2. Office Automobile Liability coverage

3. Workers’ Compensation Insurance

4. Professional Liability or Errors & Omissions Liability Insurance Accord policies / documentation will be provided upon request, or upon contract.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 24 1242
References for Related Work
Agency Name Contact Person
Alhambra Police Department, CA Garrett Kennedy, Chief of Police (626) 570-5151 [email protected]
Bernalillo County Sheriff, NM John Allen, Sheriff (505) 468-7100 [email protected]
Fairfield Police Department, CA Angela Broaddus, HR Mgr (707) 428-7396 [email protected]
Or:

Dan Marshall, Chief of Police
(707) 428-7374
Fresno Police Department, CA Sandra Chavez-Martin, HR Manager (559) 621-6988
[email protected]
Inglewood Police Department, CA Jose Cortes, Human Resources Director [email protected]
(310) 412-5368
Or:

Mark Fronterotta, Chief of Police
(310) 412-5200
Laguna Beach Police Department, CA Aggie Nesh, HR/Risk Mgr (949) 497-0311 [email protected]
Los Altos Police Department, CA Angela Averiett, Chief of Police (650) 947-2770 [email protected]
Multnomah County Sheriff, OR Jennifer Ott, Human Resources Director (503) 988-4437 [email protected]
Santa Fe Police Department, NM Ben Valdez, Deputy Chief of Police (505) 955-5040 [email protected]
Woodland Police Department, CA Rachael Smith, Senior HR Analyst (530) 661-5809
[email protected]
Additional clients are listed on the following pages. Upon request, information can be provided about any of these references and exam projects.

Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 25 1243
Donnoe & Associates’ Clients
Our clients are in the
green states.

References are shown on the required forms for the RFP. Additional references and exam project descriptions will be provided for any of clients upon request.

A partial listing of our clients includes:
• Addison, IL
• Albany, OR
• Albuquerque, NM
• Alhambra, CA
• Allied Technology Group, CA
• American River Fire District, CA
• Anaheim, CA
• Anchorage, AK
• Arcadia, CA
• Aurora, CO
• Arcata, CA
• Arcata Fire Protection District, CA
• Aubrey Fire Department, TX
• Auburn, ME
• Avon, CO
• Azusa, CA
• Bakersfield, CA
• Baldwin Park, CA
• Banning, CA
• Bay Area Rapid Transit Dist, CA
• Bell Gardens, CA
• Bellflower, CA
• Bellingham, WA
• Benton County Fire Dist, WA
• Berkeley, CA
• Bernalillo County Deputy Sheriff’s
Association, NM
• Bernalillo County Fire Department,
NM
• Bernalillo County Sheriff, NM
• Bernalillo County Detention Center
(MDC), NM
• Beverly Hills, CA
• Bingen-White Salmon Civil Service,
WA
• Bothell, WA
• Boulder, CO
• Brea, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 26 1244
• Bremerton, WA
• Brighton Fire Rescue District, CO
• Buda, TX
• Burbank, CA
• Burlington, WA
• CA Dept of Consumer Affairs,
• Board of Behavioral Sciences
• Board of Geologists and
Geophysicists
• Bureau of Automotive Repair
• Contractor's State License Board
• Structural Pest Control Board
• CA Department of Corrections and
Rehabilitation / Youth Authority
• CA Department of Personnel
Administration
• CA Emergency Medical Services
Authority
• CA Highway Patrol
• CA State Personnel Board
• CA State University, Channel Islands
• CA State University, San Bernardino
• CA Water Resource Control Board
• Cal Poly Pomona Police
Department, CA
• California Water Environment
Association, Oakland, CA
• Cambria Community Services
District, CA
• Carlinville, IL
• Carlsbad, CA
• Carpinteria, CA
• Carson, CA
• Cass County Sheriff's Office, NE
• Central Fire Protection District, CA
• Central Kitsap Fire & Rescue, WA
• Chardon, OH
• Cheyenne, WY
• Chicago Water Reclamation, IL
• Chico, CA
• Chula Vista, CA
• Clark County, WA
• Clarksville Police Department, TN
• Clarksville-Montgomery County
E-911, TN
• Clovis, CA
• Colton, CA
• Compton, CA
• Concord, CA
• Consumnes Community Services
Dist, CA
• Contra Costa Water District, CA
• Corona, CA
• Coronado, CA
• Corpus Christi, TX
• Corte Madera, CA
• Corvallis, OR
• Costa Mesa, CA
• Culver City, CA
• Cypress, CA
• Dearborn Heights, MI
• Del Mar, CA
• Denver, CO
• Des Plaines, IL
• Dixon, CA
• Douglas, AZ
• Douglas County, NV
• Douglas County Fire District #2, WA
• Downey, CA
• East Bay Regional Park District, CA
• East Contra Costa Fire, CA
• East Diablo Fire District, CA
• El Cajon, CA
• El Cerrito, CA
• El Dorado County, CA
• El Dorado Emergency Services, CA
• El Dorado Hills Fire Department, CA
• Elma, WA
• El Monte, CA
• El Segundo, CA
• Emeryville, CA
• Encinitas, CA
• Englewood, CO
• Escalon Fire Protection District, CA
• Escondido, CA
• Estes Park, CO
• Eureka, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 27 1245
• Evanston, IL
• Everett, WA
• Fairfax County, VA
• Fairfield, OH
• Fallbrook Public Utility District, CA
• Federal Way, WA
• Ferguson, MO
• Fontana, CA
• Foresthill Fire Protection District, CA
• Fort Collins, CO
• Fort Mojave Mesa Fire Dist, AZ
• Fort Osage Fire Protection District,
MO
• Fountain Valley, CA
• Frankfort Fire & EMS, KY
• Frederick-Firestone Fire District, CO
• Fremont, CA
• French Camp McKinley Fire District,
CA
• Fresno, CA
• Fresno County, CA
• Fullerton, CA
• Gallup, NM
• Galt, CA
• Gardena, CA
• Gig Harbor, WA
• Glendale, CA
• Glendora, CA
• Golden Gate Bridge, Highway &
Transportation District
• Golden One Credit Union, CA
• Grass Valley, CA
• Greater Los Angeles County Vector
Control Dist, CA
• Gustine, CA
• Harrisonville, MO
• Hawthorne, CA
• Hays County Sheriff's Office, TX
• Henderson, NV
• Hercules, CA
• Hermosa Beach, CA
• Hollister Fire Dept, CA
• Huntington Beach, CA
• Imperial Beach, CA
• Independence MO
• Inland Empire Utilities Agency, CA
• Irvine, CA
• Inglewood, CA
• Jackson County Fire District 3, OR
• Keene Police Department, NH
• Kern High School District Police
Department, CA
• Kern County, CA
• Kilgore, TX
• King County Sheriff, WA
• King County 911 Office, WA
• Kings County, CA
• Kittitas County Fire District 2, WA
• Klein, TX
• Klickitat County, WA
• Knightdale, NC
• Laguna Beach, CA
• Lake Hills Fire Dept, IN
• Lakewood, WA
• La Mirada, CA
• Lancaster, CA
• LaPuente Valley ROP, CA
• Las Cruces, NM
• Las Vegas, NV
• Las Vegas Valley Water, NV
• Lathrop, CA
• Lathrop-Manteca Fire District, CA
• LaVerne, CA
• Lawndale, CA
• Lincoln, NE
• Lincoln City, OR
• Livermore, CA
• Livermore-Pleasanton Fire, CA
• Lodi, CA
• Loma Linda, CA
• Long Beach, CA
• Longmont, CO
• Longview Fire Department, TX
• Los Alamitos PD, CA
• Los Alamos County, NM
• Los Angeles County, CA
• Lower Moreland Township School
District, PA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 28 1246
• Lynden, WA
• Lynnwood, WA
• Madera County, CA
• Mammoth Lakes Police Dept, CA
• Mandan, ND
• Manhattan Beach, CA
• Manteca, CA
• Marshfield Fire Protection District,
MO
• Marysville, WA
• McFarland, CA
• Meeks Bay Fire Protection District,
CA
• Menifee, CA
• Merced, CA
• Mesa Water District, CA
• Metro Park Dist of Tacoma, WA
• Mid-Carmel Valley Fire Dist, CA
• Mill Creek, WA
• Milpitas, CA
• Minneapolis, MN
• Mission Viejo, CA
• Modesto, CA
• Modesto Irrigation District, CA
• Mohave County, AZ
• Mono County Sheriff's Office, CA
• Montebello, CA
• Montecito Fire District, CA
• Monterey County Regional Fire
District, CA
• Monterey Park, CA
• Montgomery County Fire/EMS, KY
• Montgomery County E-911, TN
• Moraga-Orinda Fire, CA
• Mountain View, CA
• Mukilteo Police Department, WA
• Multnomah County Sheriff, OR
• Murrieta Fire Department, CA
• Nacogdoches, TX
• Napa, CA
• National City, CA
• New Hope, MN
• New Mexico State University Fire
Department, NM
• Newark, CA
• Newport Beach, CA
• NORCOM, WA
• North Central Fire Protection District,
CA
• North County Fire District, CA
• North Kansas City Fire Department,
MO
• North Star Fire Dept, CA
• North Washington Fire Dist, CO
• Oakdale Police Department, CA
• Oakland, CA
• Oakland Housing Authority, CA
• Oakley, CA
• Oak Park, IL
• Oceanside, CA
• Olympia, WA
• Olympic Valley Fire Department, CA
• Ontario, CA
• Orange, CA
• Orange County, CA
• Orange County Fire Authority, CA
• Orange County Sanitation District,
CA
• Oxnard, CA
• Pacific Grove, CA
• Pacifica, CA
• Palm Springs, CA
• Palo Alto, CA
• Palomar College, CA
• Palos Verdes Estates, CA
• Parker, CO
• Pasadena, CA
• Pasco, WA
• Patterson, CA
• Pendleton Fire Dept, OR
• Penryn Fire District, CA
• Pico Rivera, CA
• Piedmont, CA
• Pierce County Sheriff, WA
• Pittsburg, CA
• Placer Hills Fire District, CA
• Pleasant Hill, CA
• Plumas County, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 29 1247
• Pomona, CA
• Portland Fire Bureau, OR
• Portland Police Bureau, OR
• Portsmouth, RI
• Police Foundation, DC
• Port Hueneme, CA
• Port of Long Beach, CA
• Port of Seattle Police Dept, WA
• Portage, MI
• Poway, CA
• Prince William County, VA
• Provo City, UT
• Poudre Fire Authority, CO
• Puget Sound Regional Fire
Authority, WA
• Puyallup, WA
• Rathdrum, ID
• Redondo Beach, CA
• Renton, WA
• Rention Regional Fire Authority, WA
• Rialto, CA
• Richmond, CA
• Riverside, CA
• Rocklin, CA
• Rocky Mountain Fire Protect Dist,
CO
• Rohnert Park, CA
• Rolla Fire and Rescue, MO
• Rolla Rural Fire Protection District,
MO
• Sacramento, CA
• Sacramento Housing &
Redevelopment Agency, CA
• Sacramento Metro Fire Dist, CA
• Sacramento Municipal Utility District,
CA
• Sacramento Regional Transit, CA
• San Bernardino, CA
• San Bernardino County Employees’
Retirement Association, CA
• San Buena Ventura, CA
• San Diego, CA
• San Diego County Water Authority,
CA
• San Francisco, CA
• San Francisco Housing Authority,
CA
• San Gabriel, CA
• San Jose, CA
• San Luis Obispo, CA
• San Marcos Fire Department, TX
• San Marino, CA
• San Ramon Valley Fire, CA
• Sandy, UT
• Sanger, CA
• Santa Ana, CA
• Santa Ana Watershed Project
Authority, CA
• Santa Barbara, CA
• Santa Barbara County, CA
• Santa Clara Valley Transportation
Authority, CA
• Santa Clara Valley Water District,
CA
• Santa Cruz County, CA
• Santa Cruz County, AZ
• Santa Fe, NM
• Santa Fe County, NM
• Santa Fe Regional Communications
Center, NM
• Santa Fe Springs, CA
• Santa Monica, CA
• Santa Rosa, CA
• Santee, CA
• Scotts Bluff 911 Center, NB
• Scottsdale, AZ
• Seal Beach, CA
• Seaside, CA
• Seatac, WA
• Seattle, WA
• Selma Fire Dept., CA
• Sierra County Sheriff, CA
• Sierra Madre, CA
• Signal Hill PD, CA
• Snohomish County, WA
• Solana Beach, CA
• Solano County, CA
• Sonora, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 30 1248
• South Coast Air Quality Mgmt
District, CA
• South Gate, CA
• South Lake Tahoe, CA
• South Metro Fire District, CO
• South Pasadena, CA
• South San Francisco, CA
• Southern CA Regional Rail Authority,
CA
• Sparks, NV
• Spring Fire Dept, TX
• St. Clair Fire Protection District, MO
• St. Johns Fire Department, IN
• Stanislaus County, CA
• Stockton, CA
• Streamwood, IL
• Superstition Fire & Medical, AZ
• Sweetwater Authority, CA
• Syracuse, UT
• Tacoma, WA
• Taft, CA
• Tehachapi, CA
• Texarkana, TX
• Thurston County, WA
• Torrance, CA
• Torrington, CT
• Tracy, CA
• Truckee Fire District, CA
• Truckee Meadows Fire, NV
• Truckee Meadows Regional
Planning Agency, NV
• Tulare County, CA
• Tustin,CA
• UC Davis Fire Dept., CA
• Ukiah, CA
• Upland, CA
• U.S.Dept of Justice – COPS,
Washington DC
• US West Communications, CO
• Vacaville, CA
• Vallejo, CA
• Valley Communications Center, WA
• Vancouver, WA
• Ventura County Sheriff's Office, CA
• Vernon, CA
• Vista, CA
• Walnut Creek, CA
• Washington County Sheriff's Office,
NE
• Washoe County, NV
• Water Reclamation District of
Greater Chicago, IL
• Waterloo Morada Rural Fire
Protection District, CA
• Wausau, WI
• Websters Grove, MO
• Wentzville Fire Protection District,
MO
• West Carrollton, OH
• West Covina, CA
• West Des Moines, IA
• West Metro Fire District, CO
• West Muskingum School District, OH
• West Sacramento, CA
• West Valley City, UT
• Westminster, CA
• Westminster, CO
• Whiteside County Sheriff's Office, IL
• Whittier, CA
• Winchester Fire & Rescue, VA
• Woodbridge Fire District, CA
• Woodland, CA
• Woodlands Fire Department, TX
• Wyoming Natl Guard, WY
• Xenia, OH
• Yocha Dehe Fire Dept., CA
• Yolo County, CA
• Yuba City, CA
• Yuma, AZ
• Yuma County Sheriff, AZ
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 31 1249
a. "Data
Brok er” means either of the following:
i. The collection of information, including personal information about consumers, from a wid
e 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 ultima
tely used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar serv
ices."
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 fa ilure 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 foreg oing 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

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 understand s 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:
1250

Request for Proposal

Promotional Testing for Police Sergeants, Lieutenants and Captains

Release Date: July 26, 2023

Deadline for Submittal: August 17, 2023, 5:00PM

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1251

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INTRODUCTION

The City of Richmond’s Police Department is currently soliciting proposals to conduct and administer onsite promotional testing for Police Sergeants, Police Lieutenants and Police Captains.

This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of three (3) years.

Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.

PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is seeking an experience firm to manage and administer promotional testing and examination process.

The scope of work will include:
 Project planning, job analysis and examination plan development. o Meet with Police Department M anagement to define examination process.
o Analyzing existing qualificat ions and make recommendations. o Creation of ex amination plan
 Written examination developm ent, administration, and scoring. o Develop written exam based on examination plan.
o Administer and score exam.
o Provide process on appeal for review, challenges, errors, and omissions.  Assessment center development.
o Research and develop customized job-related exercise based on the Police Departments mission statement.
o Develop an orientation process fo r Police Sergeants, Police Lieutenants and Police Captains.
o Administer the assessment center.
 Scoring metrics, compilation, and ranking.
o Compile and provide candidate scores based on examination plan. o Provide feedback for candidates.
o Solicit feedback from candidates.
o Assistance with scoring error and omissions.

Vendor staff may have access to confidential and sensitive data files and may be subject to a
Department of Justice and Cr iminal History background ch eck. Failure to pass the background check shall exclude any employees of the vendor from access to confidential and sensitive files. All employees of vendor who will participate at the level described above in the project will be required to provide a valid issued driver’s license or equivalent photo identification before they will be permitted to begin work on the project. 1252

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Respondent data storage and any system used in conjunction wit h this project must be in full compliance (i.e., Microsoft Azure Government Cloud) with California Law Enforcement Telecommunications System (C LETS) CJIS requirements. (Please see oag.ca.gov for latest updates)

PROPOSAL FORMAT GUIDELINES

The proposal should be concise, we ll organized, and demonstrate the proposer’s qualifications and experience applicable to the Project.

The following proposal sections are to be included in the Vendor’s response:

A. Vendor Cover Letter
A cover letter should summarize key elements of the proposal and shall:
 Confirm that all elements of th is RFP have been reviewed and understood.  Include a statement of intent to perform the services as outlined.  Stipulate that the propos al price will be valid for the duration of the contract.  Identify a single person for contact during the RFP review process; and  Cover letter shall be signed by an authorized official of the company.  Details of prior experience with admin istering and proxying law enforcement promotional exam and testing (preferably in the Contra Costa County area, or nearby county).

B. Background and Project Summary Section
Proposer must have the qualifications and skills necessary to perform the services described in this RFP in a competent and professional manner without the advice or direction from the Police Department.

C. Scope of Services
As outlined in Project Background/Description section of the RFP.

D. Cost Information
Provide a comprehensive fee schedule for all the services the Respondent will provide to the Polic e Department. All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal.

Proposers will be paid at the same rates se t forth in their cost proposal unless further negotiated in writing and agreed to by the Police Department.

E. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the result ing contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
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F. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Serv ices Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by pr oviding new requested contract language.

Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

G. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub- consultants are not currently, and wil l not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conf lict with City of Richmond’s interests.

Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

H. Sanctuary City Contracting and In vestment Ordinance 12-18NS_2018, and Resolution 86-21 (Disclosure Statement of Limited Liability Companies Form The City of Richmond’s Sanctuary Contra cting Ordinance cert ification requires the City to refrain from doing business with vendors who provide Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Departm ent of Homeland Security (“ICE”). In addition, City of Richmond Resolution 86-21 requires disclosure of beneficial and responsible owners of Limited Liabilities Corporation (LLC).

PROCESS FOR SUBMITTING PROPOSALS

Questions Concerning Request for Proposals
Please do not contact staff di rectly regarding this Proposal . Electronic Proposals shall be submitted via the City’s secure online bi dding 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 wil l 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.

Proposals must be received no later than August 17, 2023, 1700 hours.

All questions must be submitted via the electronic BidsOnline system on the Q&A tab no later than August 4, 2023, 5:00pm PST. The City of Richmond reserves the right to waive inconsequential irregularitie s. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail not ification of addendum. It is the proposer’s 1254

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responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City officials, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent t he RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, to download RFP, new vendors will be require d to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for th at project and will receive any addenda or notifications relating to the RFP.

Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Proposer is responsible for submitting it s entire proposal packa ge with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.

The City of Richmond reserves the right to waive inconsequential irregularities.

GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without prov iding the reason(s) underlying the declination. A failu re to award a contract to the proposer with the lowest cost proposal shall not constitute a valid c ause of action against the City of Richmond.

The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The Cit y may investigate the qualific ations of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.
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8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

Public Records
All proposals submitted in response to this RFP become the prope rty of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the require ments of California Government Code section 6254.7. Only informa tion claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required in surance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Compliance with City Ordinances
The 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 Employm ent Applications (“Ban the Box”) ( RMC Chapter

2.65), which are incorporated into the Contract Documents by this reference.

Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Withdrawal of Proposals
A respondent may withdraw their proposal bef ore the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents
All reports, studies, information, data, stat istics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive 1256

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property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publis h, disclose (except as may be limited by the provisions of t he Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from furt her consideration.

Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow -up with requests for additional information, including, but not limited to, follow-up interviews. The City may request Best and Final offers based upon improved understandi ng of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, a ll pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.

Vendors that meet the minimum qualificat ions may be invited to a “Phase II” meeting/demonstration for the evaluation committee for further clarification and consideration. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Vendor Background - 50%

Proposal/Scope of Services – 25%

Cost – 25%

Selection may be made without further di scussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.

The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

Award
When the Review Panel has completed its work, Police Department personnel will then work with the Respondent to complete the administrative paperwork. 1257

Page 1 of 2 ends

November 7, 2023

Police Department

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Proposed Contracts with Get Polygraphed, Inc. and
Shannon Layer Polygraph for Preemployment Polygraph
Services
FINANCIAL IMPACT: The proposed expenditure of $50,000 is included in the Police Departments approved budget for Fiscal Year
2023-2024, and the balance will be budgeted for
appropriately in subsequent fiscal years – account string:
01191021-400201.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

City staff is requesting approval of two contracts with two vendors for preemployment polygraph examinations for
sworn and non-sworn Police Department applicants each
with a payment limit of $50,000, for a total program cost of $100,000.

RECOMMENDED ACTION:

APPROVE two contracts with (1) Get Polygraphed, Inc.
for a payment limit not to exceed $50,000, and (2)
Shannon Layer Polygraph for a payment limit not to
exceed $50,000, each for a three-year term beginning
November 8, 2023, and ending November 7, 2026, to
provide pre-employment polygraph services for sworn
and non-sworn Police Department applicants, for a total program cost not to exceed $100,000, with an option for a two-year mutually agreed upon contract extension of
$30,000 per vendor – Police Department (Chief Bisa
French 510-621-1802).

AGENDA
REPORT
1258

Page 2 of 2 ends

November 7, 2023
DISCUSSION:

The State of California Commission on Police Officer Standards and Training (POST) requires the successful completion of a polygraph examination for all sworn police personnel and communications dispatchers, including police cadets, police rangers, records specialists, and jailers. During the hiring process, every applicant is required to undergo a preemployment polygraph examination.

In accordance with the City of Richmond’s purchasing guidelines, Police Department staff issued a Request for Proposal (RFP) on August 14, 2023, with an end date of August 25, 2023. Three vendors were identified as meeting the minimum requirements set forth by the RFP. During the ranking and review process, one of the three vendors was eliminated. The remaining two vendors are both highly qualified and have extensive prior experience with the City of Richmond and other police departments within Contra Costa County.

Department staff recommends that City Council approve both contracts to allow for flexibility scheduling this critical step in the law enforcement hiring process.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract – Get Polygraphed, Inc Attachment 2 – Original Contract – Shannon Layer Polygraph Attachment 3 – Request for Proposal

1259

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:

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Police Department
1262
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

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. 1263
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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:

1264
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1265
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.

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:

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.

1269
General Conditions/EJ/TE 01-19-11 6 of 13

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.

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.

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.

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.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1273
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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.

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:

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.

1274
General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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 1275
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.

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.

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.

1276
General Conditions/EJ/TE 01-19-11 13 of 13

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
1278
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.
1279
___ 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 hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
1280
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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

1281
___ 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

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.

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

1282
Get Polygraphed Inc.

Prepared for:

City of Richmond
Richmond Police Department
Polygraph Examination Services
Proposal/Bid
Prepared by:

Mercedes H. Orozco
Certified Polygraph Examiner
P.O. Box 921
Danville, Ca 94526
925-695-POLY (7659)
Email: [email protected]

EXHIBIT G
1283
Get Polygraphed Inc.

INTRODUCTION
Get Polygraphed Inc, owned and operated by Mercedes Orozco, is pleased to present Richmond Police Department with this proposal for polygraph services. I understand the need for polygraph examinations which the Richmond Police Department is tasked with, and recognize the opportunity to fulfill your polygraph requests satisfactorily.

I am confident that my proposed services will effectively address your needs. My goal is to provide complete and thorough pre-employment polygraph examinations.

Thank you for allowing Get Polygraphed to submit this proposal.

EXPERIENCE
Mercedes Orozco founded Get Polygraphed in 2013 in downtown Martinez, CA., and only specializes in pre-employment examinations. Mercedes is the primary examiner and will conduct all polygraph examinations requested by this Department. Mercedes received her training from the Backster's School of Lie Detection in 2013. She has performed over 1500 pre-employment polygraphs and is the senior examiner for the Oakland Police Department.

Mercedes Orozco is retired from the Oakland Police Department, where she worked in several capacities, including patrol officer, background investigator, recruiter, D.A.R.E. officer, and parental child abduction specialist.

Mercedes Orozco is in good standing with the American Polygraph Association (A.P.A.) and the American Association of Police Polygraphists (A.A.P.P.).

SCOPE OF SERVICES
Mercedes Orozco will administer Law Enforcement Pre-Employment Polygraph Examinations according to industry standards. Each examination will comply with the standards set forth by the American Polygraph Association (A.P.A.), the American Association of Police Polygraphists (A.A.P.P.), and the Association for Testing and Materials (ASTM).

I use state-of-the-art computerized polygraph equipment, the Lafayette LX5000 polygraph system.
1284
Get Polygraphed Inc.

I will maintain general liability and professional liability insurance and all certifications and memberships with both the A.P.A. and the A.A.P.P. for the term of this contract.

Each examination will take approximately 90 minutes to 2.5 hours to complete.

Appointments will be scheduled within a two-week period from the request and conducted at this examiner's office, located at 535 Main Street, Suite 319, Martinez, Ca. Mercedes will provide all required forms, instructions, questionnaires, waivers, and detailed reports that will be needed for the examination.

When requested, an oral report of the findings will be forwarded to the R.P.D. within 12 hours of the completion of the examination.

An email report of the examination and the results will be forwarded to the background unit and/or any designee of the Richmond Police Department within four business days or less.

Confidentiality is a priority, and I will keep an electronic file on a password- protected computer for two years. A reputable document disposal company will dispose of all hard-copy documentation.

All polygraph examinations will be held in the strictest confidence. All polygraph reports/results will be considered the property of the Richmond Police Department.

They will not be released or shared with any agency without prior written consent from Richmond PD.

CONTRACTOR ASSIGNMENT OF SUBCONTRACT
This Contractor understands and agrees that it has contracted with the City of Richmond and The Richmond Police Department to perform services outlined in this contract. This Contractor will not assign the services provided pursuant to this contract to a subcontractor.

EX CEPTIONS TO THIS REQUEST FOR PROPOSALS
I do NOT take exception to any portion of this R.F.P.

STATEMENT OF IMPARTIALITY AND DISCLOSURE
Under this proposal, I declare that I am not currently, and will not, during the performance of these services, participate in any other similar work that will conflict or is likely to conflict with the City of Richmond's interests. 1285
Get Polygraphed Inc.

I am not currently or have ever been a party to any litigation. I have also never been the subject of any violations or complaints to the A.A.P.P., A.P.A., or any other polygraph organization that may affect my reputation or my ability to carry out the services outlined in this contract.

FEE SCHEDULE
Pre-Employment Polygraph Exams:

Price is inclusive of scheduling, emailing questionnaire, answering questions for potential applicants, pre-employment interviews, administering tests, chart interpretation, post-examination interviews (if needed), and submitting a detailed report of findings. My prices are within the current Bay Area market rate for pre- employment polygraph examinations.

Price Per Exam: *$350.00 Fee For No show/No Call $350.00 Same Day Cancellations $350.00 Cancellations Made With Less Than One Business Day $175.00

*Prices will remain fixed with no increases for three years. After three years, a cost-of-living increase of $25.00 may be imposed for each exam.

Terms: Net Due within 30 days of submission. A $25 late fee will be assessed if payment is not received in 60 days.

My aim is to provide a high level of service, meet all deadlines, and make myself available for any questions or concerns.

Respectfully submitted,
Mercedes H. Orozco
Certified Polygraph Examiner
August 20, 2023

1286
a. "Data
Brok er” means either of the following:
i. The collection of information, including personal information about consumers, from a wid
e 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 ultima
tely used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar serv
ices."
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 fa ilure 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 foreg oing 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

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:

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

7. General Conditions.

9. Insurance Provisions.

This Contract is subject to the Insurance Provisions
(Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
1290
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

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. 1291
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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EXHIBIT D

GENERAL CONDITIONS

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.

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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.

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:

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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
.

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.

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 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.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1301
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City reserves the right to employ other Contractors in connection with the project.

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.

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.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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.

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.

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.

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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.

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.

41. Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts 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 must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit H, prior to the execution of this Agreement.
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
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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: