Richmond City Council
July 2, 2024

July 2, 2024
Human Resources
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager – Internal Services Sharrone Taylor, Director of Human Resources
Subject: Contract with the Century Group for Recruitment and Temporary Staffing Services on an As-Needed Basis
FINANCIAL IMPACT: $100,000 is budgeted in the Risk Management Fiscal Year 2024-25 budget (Professional Services 50182116-
400201)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A contract with Century Group to provide recruitment
services and temporary staffing
RECOMMENDED ACTION: APPROVE a contract with the Century Group for recruitment and temporary staffing services for the term of July 2, 2024, through June 30, 2025, in an amount not to exceed $100,000 – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602).

DISCUSSION:

AGENDA
REPORT
1085

July 2, 2024
The Finance and Human Resources departments play pivotal roles in the overall operations of the City of Richmond, requiring staff who are not only skilled but also adaptable to the dynamic public sector environment. There are significant challenges in filling these positions stem from a combination of factors, including the specialized nature of the roles, competition with private sector salaries, and the appeal of working in the public sector. The Century Group's expertise in these domains means they can understand and meet these challenges head-on.

The Century Group specializes in recruiting Finance and Human Resources professionals, enabling them to identify and attract candidates who meet the City's needs. Their established network and proactive recruitment strategies provide access to a vast pool of candidates, including those who may not be actively seeking new opportunities but are open to the right offer. Their experience in these sectors allows for a streamlined recruitment process, reducing the hiring time and enabling the City to fill positions more quickly and effectively. The City has the immediate need to recruit a Risk Manager after the recent retirement of the City’s Risk Manager. The Century Group has been responsive to sourcing highly qualified candidates interested in working for the City of Richmond. Due to their Finance and Human Resources expertise, The Century Group has been deemed a Sole Source to provide recruitment and staffing services for these critical and hard-to-fill positions.

The Century Group’s expertise and resources will significantly benefit the City by ensuring that critical positions, such as the Risk Manager, are filled with qualified candidates in a timely manner. This will support the continued effective operation of City services, reduce the duration of vacant positions, and minimize the administrative burden on City staff.

DOCUMENTS ATTACHED:

Attachment 1 – The Century Group Contract
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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: 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, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
[ ] 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 terminates ______________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A: Service Plan which is attached hereto and incorporated herein.

Human Resources Sharrone Taylor
[email protected] 510-620-6602
Recruitment and Temporary Staffing Services
The Century Group Executive Recruitment
1225 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Frankie Ruiz,
40058548
Associate Director of Client Services
415-489-7409 [email protected]
X
July 2, 2024
July 2, 2025
100,000
13881
1087

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President or Vice President should sign below) By:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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
Sanctuary City Compliance Statement Exhibit G
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EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

See Attached Service Plan.
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. 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.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:

City of Richmond Finance/Account Payable
Project Manager: Sharrone Taylor, Human Resources
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, Sharrone Taylor, Human Resources before payments shall be authorized.

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

5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 1090
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

Sharrone Taylor, Human Resources
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Frankie Ruiz, Associate Director of Client Services
Business Name The Century Group
Street Address 1225 Treat Blvd. Suite 300
City, State Zip Walnut Creek, CA 94547
Email:
[email protected]____________________________________ _______________
450 Civic Center Plaza, Suite 310
[email protected]
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employeremployee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 1092
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses 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.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. 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 Exhibit B; 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.

10. 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.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 1094
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. 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 in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. 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. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. 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. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 1095
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.

In addition, Contractor will comply with all safety provisions in conformance with U.S.

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 1096
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. 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.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor .
d. 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.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 1097
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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.

18. 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. 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.

21. INTERPRETATION:

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

22. WARRANTY:

If any product is 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 1098
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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.

23. 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.

24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. 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 payment 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.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. 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 1099
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1100
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 1102
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
1103
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 1104

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
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Professional Recruiting | Retained Search | Project & Interim Services Accounting ▪ Finance ▪ Tax ▪ Audit
www.century-group.com
(800) 337-9675
July 1, 2024 TERMS & CONDITIONS OF ASSIGNMENT
Sharrone Taylor
Principal Personnel Analyst
The City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Dear Sharrone,
Thank you for selecting Century Group Professionals, LLC. This letter agreement (“Agreement”) outlines the Terms and Conditions of Assignment and is made on July 1, 2024 by and between The City of Richmond, a California Corporation (“Client”) and Century Group Professionals LLC, a California limited liability company (“Century Group”).

I. Scope of Services. At Client’s request, from time to time, Century Group will provide its employees, agents, or representatives, including subcontractors ("Associates") to perform Interim and Project services under Client’s supervision in Accounting, Finance, Internal Audit and Tax (the “Services”), in accordance with the terms and conditions set forth herein, and for the fees set forth below.

The Century Group Associate assigned to perform services on the CGP Risk Manager engagement is Kimberly Naucler. As agreed, Century Group will invoice your organization at the base billing rate of $166.50 per hour (the “Billing Rate”), in accordance with Section III below.

II. Employment Status. The assigned Century Group Associate is an employee, agent or representative of Century Group. Century Group shall be responsible for: (a) paying the assigned Associates’ wages and providing them with the benefits that Century Group offers to them; (b) paying, withholding, and transmitting all federal, state and local withholding taxes, including payroll taxes, unemployment taxes, social security, state disability insurance, and all other payroll charges; (b) providing unemployment insurance and workers’ compensation benefits, and handling unemployment and workers’ compensation claims involving the assigned Associate; (c) complying with federal, state, and local labor and employment laws applicable to the assigned Associate; (d) complying with all provisions of the Affordable Care Act applicable to the assigned Associate; and (e) for Associates in California, providing sexual harassment and abusive conduct prevention training, as required by applicable law (time spent by the assigned Associate completing this training will constitute “hours worked” and will be billed to Client in accordance with Section III). Neither Century Group nor its assigned Associate shall be entitled to any employee benefits offered by Client to its employees. Each assigned Associate shall be assigned to Client on the basis of a particular job description and Client will not change the Associate’s job duties or responsibilities without the prior written approval of Century Group.

III. Professional Service Fees. The assigned Century Group Associate will present an electronic Time & Billing Statement to a Client representative for verification and electronic signature at the end of each week. A Client representative electronic signature on the Time & Billing Statement, each a separate and distinct contract for services, indicates Client’s acknowledgement and agreement with all Terms and Conditions of Assignment.

Assigned Associates are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. Client will be billed weekly for the total hours worked by the assigned Associate. Hours not requiring premium pay under applicable law will be billed to Client at the Billing Rate in Section I above.

Overtime or other premium pay will be billed to Client at one and one-half or double the Billing Rate, as required 1106
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by Federal and state laws. An additional flat fee of $8 per week, per Associate, will be billed to Client for any assigned Associate working remotely. Invoices are due upon receipt. Client agrees to comply with all applicable federal, state, and local laws, rules and regulations relating to this Agreement including, but not limited to, those requiring meal and rest breaks. In the event an assigned Associate misses a required meal break, Client will be billed for one additional hour at the regular Billing Rate. Each invoice will evidence a separate and distinct contract. If Client decides to use a Century Group Associate for additional engagements or if the nature and scope of an engagement changes, the hourly billing rate may change to reflect the changed nature of the engagement and the experience necessary to complete it. Please contact Century Group to discuss any adjustments.

IV. Acquisition Fees. Associates represent Century Group’s team of skilled professionals. In the event Client, its subsidiary or affiliated entity uses the services of any Century Group referred Associate as its direct employee, as an independent contractor, or through any person or firm other than Century Group within 365 days after the Century Group referral date or the Associate’s last day of engagement with Client through Century Group, whichever is later, Client agrees to pay Century Group an acquisition fee. Century Group’s acquisition fee is calculated in accordance to the following schedule:

Hours Worked Acquisition Fee
0 to 520 hours 25% of Associate’s first year annual base salary 520+ hours 22% of Associate’s first year annual base salary For purposes of this Agreement, a referral means the equivalent of any written presentation of a resume, of an Associate’s qualifications or employment history. Century Group’s Referral of an Associate, regardless of whether the Associate ultimately is assigned to Client, entitles Century Group to the acquisition fee, unless Century Group is notified in writing of a prior Referral within 24 hours of Century Group’s Referral.

Prior referrals do not include social networking profiles, connections, database subscriptions and internet searches.

V. Intellectual Property Rights. Century Group shall retain all rights, including, without limitation, all intellectual property rights, in all property owned or developed by it prior to the commencement of the engagement. To the extent that such property is incorporated into work product delivered hereunder, Century Group grants Client a non-exclusive, perpetual license to use, copy, and modify such property, as integrated onto any work product, for Client’s own purposes. Century Group shall have the unlimited right to use its knowledge, experience, and know-how including, without limitation, processes, ideas, concepts, tools, and techniques developed in the course of performing this Agreement that do not contain Client’s confidential or proprietary information, in other engagements.

VI. Confidentiality. Each party shall keep secret and retain in confidence, and shall not, without prior written consent of the other, furnish, make available or disclose to any third party, any information relating in any manner to the business or affairs of the other, except for such information as (i) was or becomes generally available to the public other than as a result of a wrongful disclosure by a party, (ii) was or becomes available to a party from a source which is not under an obligation of confidentiality, or (iii) a party is compelled to disclose by a final binding order of a court or agency of competent jurisdiction, provided that the disclosing party has given the other reasonable advance notice of such order and an opportunity to contest the same. No knowledge, possession, or use of Client’s confidential information will be imputed to Century Group as a result of the assigned Associate’s access to such information.

VII. Client Responsibilities. Client will provide to Century Group’s assigned Associate, at its own cost and expense, all necessary equipment, supplies, data, and information to enable the assigned Associate to perform the engagement.
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As Client controls the facilities in which assigned Associate works, Client agrees that it is responsible for providing meal and rest break periods in compliance with applicable law, and, at its own cost and expense, for maintaining a safe worksite in compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to the Associate assigned to Client's worksite.

Supervision of the Century Group Associate’s work on Client’s premises (or wherever Client assigns the Associate) is Client’s responsibility. Client shall properly supervise, control, and safeguard its premises, processes, and systems, and shall be responsible for its own business operations, products, services and intellectual property. The assigned Associate shall report to Client personnel who shall provide appropriate assistance, guidance, and supervision. Neither Century Group nor the assigned Associates shall be responsible for any actions taken by the assigned Associates at the direction of Client personnel, nor for any errors or omissions made by assigned Associates in reliance upon information provided to them by Client or third parties.

Century Group’s services are provided for the exclusive benefit of Client. No materials generated as a result thereof may be used or relied upon by any third party for any reason whatsoever. Century Group is not a professional accounting firm and it is expressly understood that a Century Group Associate is not authorized to render an opinion on behalf of Century Group or on Client’s behalf on financial statements, nor is the assigned Associate authorized to sign the name of Century Group or sign the Associate’s own name on financial statements or tax returns while on a Century Group engagement.

VIII. Regulatory Compliance. Client is, and will continue to be, solely responsible for establishing and maintaining an effective internal control system, including, without limitation, systems designed to assure compliance with policies, procedures, and applicable laws and regulations. Management also has the responsibility to timely communicate material weaknesses or reportable conditions in internal controls, misstatements of financial statements, or similar matters to its external auditors, the Audit Committee, the Board of Directors, and when required, regulators.

IX. Operation of Machinery or Automotive Equipment. Client understands, acknowledges and agrees that Century Group will not authorize an Associate to operate machinery (other than office machines) or automotive equipment. The insurance furnished by Century Group does not cover physical loss, damage or liability caused by the operation of the Client’s automotive equipment. Client accepts full responsibility for bodily injury, property damage, fire, theft, collision or public liability damage claims, any of which may be caused as a result of an accident while an assigned Associate is driving Client’s vehicle or is operating Client’s machinery, whether owned or rented.

X. Handling Cash. A Century Group Associate may not handle cash, negotiables or other valuables without the written consent of Century Group and then only under Client’s direct supervision. An Associate may not, under any circumstances, transport or convey monies, securities or any negotiable instruments (including, but not limited to, delivering bank deposits to a bank or other institution).

XI. Interest and Penalties. Century Group reserves the right to collect interest or other penalty from Client for promptly submitted invoices upon which payment is not received within forty-five (45) days of the invoice date.

Specifically, Century Group Professionals shall be entitled to a late charge of the lesser of (i) 1.5% per month or (ii) the highest rate allowable by law, in each case compounded monthly to the extent allowable by law. Century Group reserves the right to withdraw all Associates provided to Client and to cease performing services hereunder if any invoice is not promptly paid when due.

XII. Costs of Collection. Each invoice will evidence a separate and distinct contract for services. Unless otherwise prohibited by the law of the state where this assignment occurred, in the event Client fails to pay the charges of Century Group when due, then Client agrees to pay all costs of collection incurred by Century Group 1108
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including reasonable attorneys’ fees, whether or not suit is initiated.

XIII. Limits on Liability. Except as otherwise provided herein, under no circumstances, regardless of the basis of the claim, shall the total liability of either party to the other or to any third party, related in any manner to this Agreement, exceed the total amount due and payable to Century Group by Client for this engagement.

Additionally, in no event shall either party be liable for consequential, special, incidental, or punitive damages (including but not limited to legal costs and fees) from any claim asserted against it by the other or by any third party, regardless of whether it has been advised in advance of the possibility of the same.

XIV. Indemnification. Client agrees to indemnify, defend and hold harmless, Century Group and any employee or affiliate of Century Group from and against any and all actions, losses, damages, claims, liabilities, costs and expenses (including, without limitation, reasonable legal fees and expenses) in any way arising out of or relating to this engagement, except to the extent finally judicially determined to have resulted from the intentional misconduct of Century Group. The provisions of this paragraph shall apply regardless of the form of action, loss, damage, claim, liability, cost, or expense, whether in contract, statute, tort (including without limitation, negligence), or otherwise. The provisions of this paragraph shall survive the completion or termination of this engagement.

XV. Compliance with Law. Both parties represent and warrant to each other that they are in compliance with all applicable laws. Client and Century Group affirm and agree that they are equal employment opportunity employers and are in full compliance with all applicable anti-discrimination laws, rules, and regulations. Client and Century Group agree not to harass, discriminate against, or retaliate against any employee of the other because of his or her race, national origin, age, sex, religion, disability, marital status, or other category protected by applicable Federal, state or local law; nor shall either party cause or request the other party to engage in such discrimination, harassment, or retaliation. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the assigned Associate, Client and Century Group agree to cooperate in the prompt investigation and resolution of such complaint. Client and Century Group affirm and agree that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, Client and Century Group shall cooperate in compliance with any such requirements.

XVI. Governing law, jurisdiction, and venue. This Agreement and all related documents, including all matters arising out of or relating to this Agreement and the services provided hereunder, whether sounding in contract, tort, or statute, for all purposes shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in any state or federal court located in the State of California, County of Los Angeles. The parties hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.

XVII. Attorneys’ Fees. Except for costs of collection, which are covered exclusively by Section XII, in the event that any other action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing party.

XVIII. Complete Agreement. This Agreement, together with any exhibits attached hereto, is executed and delivered with the understanding that it embodies the entire agreement between the parties and that there are no other representations, warranties, or agreements relating to the subject matter herein.

XVIV. Miscellaneous. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. Each provision of this Agreement will be considered severable, such that if any one 1109
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provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. Client will not transfer or assign this Agreement without Century Group’s written consent. 1110

July 2, 2024
Human Resources
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Director of Human Resources
Subject: Du-All Safety Three-year Contract
FINANCIAL IMPACT: The fiscal impact is $480,950 divided annually over three fiscal years. FY 24/25 $160,320, FY 25/26 $160,320, FY
26/27 $160,320. The expenditures are within the
approved FY 24/25 budget and will be budgeted
accordingly in future years fiscal years (Risk
Management WC Professional Services 50182216-
400201)

PREVIOUS COUNCIL
ACTION:
03/15/2007
11/16/2010
9/10/2013
6/17/2014
10/17/2017
07/16/2019

STATEMENT OF THE
ISSUE:

The City wishes to enter into a three-year contract with Du-All Safety LLC for the purpose of administering the
City safety program, consulting, policy development,
program development, and training. The City Council’s
approval is required for contractual services.

AGENDA
REPORT
1111

July 2, 2024
RECOMMENDED ACTION: APPROVE a three-year contract with Du-All Safety in the amount of $480,960 divided equally over the next three
fiscal years for the purpose of administering the City’s safety program - Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).

DISCUSSION:

In 2007, Du-All Safety, LLC was chosen to conduct a thorough safety audit of City facilities and work practices and to establish a city-wide safety program. Since then, DuAll Safety, LLC has been responsible for safety administration consultation for the City of Richmond. Their contract is set to expire on June 30, 2024. In May 2024, staff issued a request for proposals (RFP) using the bids-on-line system and received a proposal from only the current provider, Du-All Safety, LLC.

The safety program requires services such as organizing and leading monthly City-wide Safety Committee meetings, conducting safety inspections at city facilities on a quarterly, semi-annual, or annual basis as required, assisting departments with new safety concerns, and providing monthly safety training on various topics including hazardous waste handling, confined space procedures, lockout/tagout protocols, hot work and welding safety, bloodborne pathogens, emergency evacuations, driver safety, fall protection, illness and injury prevention plans, first aid/CPR/AED, hearing conservation, respiratory protection, traffic control safety, powered personnel lifts, scaffold safety, and any other emerging safety training needs.

The City currently receives around 80 hours of monthly safety consulting services. The proposer has submitted fees at a fixed hourly rate of $167, which are guaranteed for the next three years.

Fiscal Year Hourly Rate Hours per Year @
80/month
Annual Fee
FY 24/25 $167.00 960 $160,320
FY 25/26 $167.00 960 $160,320
FY 26/27 $167.00 960 $160,320
Consultant Proposal Evaluation:

Du-All Safety, LLC is the current safety consultant for the City of Richmond. The firm is well-versed in the City’s safety programs and has a well-established working relationship with City departments, managers, and supervisors. The safety consultant 1112

July 2, 2024
located in Northern California has a good relationship with employees and directly receives calls from them regarding safety issues or concerns, which helps resolve employee safety concerns without having to file complaints with CalOSHA. Risk Management staff are kept informed to ensure City responsiveness to raised issues.

Proximity to the City:

Du-All Safety, LLC’s office headquarters is in Fremont, serving as the base from which the safety staff coordinates their services. When specialized safety issues arise, a consultant with expertise in the needed area is dispatched to Richmond within 24 hours.

The City has access to all Du-All Safety, LLC staff, most of whom are specialized experts in specific areas, which leads to time and cost savings as the City would not have to find such a trainer or expert when needed.

Training:

Du-All Safety, LLC provides vital and mandatory safety training, such as training for common injuries, CPR, and AED. Additionally, the company is currently working on developing the City’s Workplace Violence Prevention Program, which is required by law.

Once the program and policy are in place, they will also conduct city-wide training.

Staff Recommendation:

Based upon the staff’s review of the proposal, it is recommended that a contract with Du-All Safety, LLC be awarded.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
1113

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: 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, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

2. Term. The effective date of this Contract is ________________________ and terminates ______________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A:

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________
Human Resources Sharrone Taylor [email protected] 510-621-1583 5775 7033 Safety/Loss Prevention Program and Administration 7/1/2024 480,960 Du-All Safety LLC 4950 Hotchkiss Street Fremont, CA 94539 Michael Connelly 510-651-8289 [email protected] 4000 9774 6/30/2027 ✔ 160,320 160,320 26/27 160,320 25/26
24/25
1114

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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
Sanctuary City Compliance Statement Exhibit G
Du-All Safety LLC
1115
Contract No: For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
7033 Du-All Safety LLC
See attached service plan.
1116
Contract No: For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. 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.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:

City of Richmond Finance/Account Payable
Project Manager:

P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, before payments shall be
authorized.

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

5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 7033 Sharrone Taylor Sharrone Taylor
1117
Contract No: For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 450 Civic Center Plaza Suite 310 [email protected] [email protected] Safety 4950 Hotchkiss Street Fremont, CA 94539 Michael Connolly 1118
Contract No: For the Contract between the City of
Richmond and

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employeremployee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 7033
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses 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.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. 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 Exhibit B; 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.

10. 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.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 7033
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. 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 in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. 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. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. 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. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 7033 Du-All Safety LLC
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.

In addition, Contractor will comply with all safety provisions in conformance with U.S.

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 7033
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. 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.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor .
d. 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.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 7033
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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.

18. 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. 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.

21. INTERPRETATION:

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

22. WARRANTY:

If any product is 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 7033
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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.

23. 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.

24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. 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 payment 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.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. 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 7033
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7033
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 7033
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
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As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 7033
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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
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45950 HOTCHKISS ST.  FREMONT, CA 94539  TEL: (510) 651-8289  FAX: (510) 651-8937 http://www.du-all.com  E-mail: [email protected]
May 6, 2024
Laura Marquez, Risk Manager
City of Richmond – Human Resources Department
P.O. Box 4046
450 Civic Center Plaza
Richmond, CA 94804
Ms. Marquez,
Thank you for the opportunity to reply to the City of Richmond’s Request for Proposal for Safety/Loss Prevention Programs and Administration. The services requested in this RFP match the services that we currently offer the City of Richmond and many other California Municipalities.

During the past 19 or so years, the Du-All Safety Team, directed by Jim Thomas, has developed, implemented and managed the City of Richmond’s safety programs, including all of the regularly required Cal/OSHA compliance activities, e.g. employee training, safety inspections, record keeping, safety committee meetings, work group observations and assessments, accident investigations, written program updates, safety policy review, the development of facility maps and work procedure development/ updates.

This successful experience was key to developing strong working relationships and fostering trust with many of the hardworking managers and employees of the City of Richmond. These relationships enable Jim and his Du-All Safety team of specialists to address issues, while keeping the appropriate Richmond management team and employees informed and safe while the issue is being mitigated.

Du-All Safety continues to be the leader in the industry of Municipality Safety Compliance Support. This vast experience working closely with similar clients gives us the ability to apply proven solutions to EH&S compliance issues as they arise. When you then consider Jim Thomas’s almost 20 years of successfully managing the City’s Safety Programs, you have a pretty strong case for continuing with Du-All Safety.

I speak for Jim Thomas and the entire Du-All Safety Team when I say that we look forward to continuing our successful business relationship with the City of Richmond.

Sincerely,
Michael Connelly
Chief Operating Officer
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Prepared by:
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Du-All Safety, LLC
Fed. Tax ID.: 943317296
Michael Connelly
Chief Operating Officer
45950 Hotchkiss Street
Fremont, California 94539
[email protected]
(510) 651-8289; www.du-all.com
Rev. 5/10/24
Safety/Loss Prevention Program and Administration
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Table of Contents

1.0 2.0

3.0 4.0

5.0 6.0

7.0 8.0

9.0 ORGANIZATION OF FIRM .................................................................................... 1 STAFFING ................................................................................................................. 1 EXPERIENCE..................................................................................................................2 INSURANCE ........................................................................................................................ 4 REPORTS ...................................................................................................................................4 CONTRACTUAL REQUIREMENTS ............................................................................5 SCOPE OF WORK ..........................................................................................................5 APPENDICES ..................................................................................................................7 PROPONENT’S FEE SCHEDULE .................................................................................7 Appendices

A RESUMES

B ORGANIZATIONAL FLOW CHART

C PUBLIC AGENCY REFERENCES

D SAMPLE REPORT AND SAMPLE TRAINING SCHEDULE

E SAMPLE SAFETY ARTICLE
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Proposal to Provide Safety/Loss Prevention Programs and Administration for City of Richmond RFP P a g e | 1 Prepared by Du-All Safety, LLC - 05.06.2024

1.0 ORGANIZATION OF FIRM
a) Du-All Safety is located at 45950 Hotchkiss Street, Fremont, California, and was established in 1989.
b) Du-All Safety became a California LLC in 1999.
c) Terry McCarthy – Non-managing majority Owner 51%
Michael Connelly - Chief Operating Officer 49%
d) No relationship to a parent company or subsidiary.
e) Michael Connelly, Chief Operating Officer, 510-651-8289 (office); 510-684-4076 (cell)
f) 22 Full time staff; 4 Part time staff

2.0 STAFFING
a) Du-All Safety's staff has the qualifications, training and experience to perform the services listed in this RFP. Firm qualifications include: Certified Safety Professional, Certified Ergonomist, Certified Playground Inspector, Certified 1st Aid/CPR Instructor, Certified Hazardous Materials Management Professional, Certified Safety Inspector, and World Class Heavy Equipment Specialist. The complete depth of our key personnel to be assigned is provided in firm resumes included as Appendix A. Jim Thomas has the educational background equivalent to that listed in the RFP and works under the direction of Richard DeBusk, CSP.

Jim Thomas will continue to manage and support the City of Richmond, as he has for many years. There will be no interruption of services as he will hit the ground running. Jim's salary is $150,000.
b) An outline of Du-All's organizational structure is provided as Appendix B. DuAll Safety's Account Managers are supported by each other on technical issues and by our Office Manager and Administrative Assistants for all clerical, supply, and scheduling needs. Information Technology (IT) support is contracted to Valley Technical Services.
c) Michael Connelly, listed above, will act as the contract administrator. d) All programs and files will be located and managed at our headquarters, 45950 Hotchkiss Street, Fremont, CA 94539.
e) Employees keep their certifications current and are encouraged to attend training sessions that interest them, at Du-All Safety's expense. Instructors are also required to attend at least one Du-All Safety instructor-based training every six months to evaluate other instructors and to learn new effective presentation techniques.
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Du-All Safety employees are involved in profit sharing, which serves as a constant incentive to ensure that our clients are satisfied. Client satisfaction is also part of our employee review process, which is important for promotion and salary increases.
f) In response to an increase in demand for safety support services, Du-All Safety has added four salaried positions in the last 2 years. This provides us with the depth necessary to support current clients, while planning for continued growth and expansion. Two employees have retired from salaried positions but are available for part-time work as needed.

3.0 EXPERIENCE
a) Du-All Safety currently acts as the outsourced safety department to approximately 80 California Municipalities, including its 19th successful year supporting the City of Richmond. Du-All Safety is a full-service environmental health and safety consulting firm established in 1989 and headquartered in Fremont, California. The scope of services detailed in the City of Richmond Request for Proposal for Safety/Loss Prevention Programs and Administration closely matches the core competencies required of the Safety Support Services that Du-All Safety (Du- All) provides to our Municipality Support clients. This experience supporting a multitude of municipalities is invaluable while managing projects and recognizing/mitigating hazards that are unique to Municipalities, especially in high hazard departments like: Public Works, Water and Wastewater Treatment, and Utilities. We have found that most safety-related issues that arise for a client have already been identified, analyzed and solved with another Du-All client. This dramatically reduces the time required to resolve issues and implement solutions, resulting in lower consulting costs for proven solutions.

Du-All has been conducting Safety/Loss Prevention Support for over 20 years.

This comprehensive experience allows us to anticipate potential problems and issues and to prevent significant safety crises through a Design-for-Safety approach. We have established close working relationships with key Richmond managers and staff, while utilizing formal but concise management and reporting tools to ensure that management is aware and comfortable with the progress of the improvements we are helping to implement.

Du-All employees 22 health and safety specialists that develop and implement high-hazard safety programs for operations identical to those performed by City of Richmond personnel. We not only assess and develop written programs and procedures for these operations, we provide the required level of hands-on support to implement and maintain them. Our experience working with other municipal operations is extremely beneficial to the success of all Municipality Support clients, as our programs and recommendations continue to improve with the experiences gained with each client. A perfect example of synergism. 1137
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Du-All Safety’s proven Account Management model relies firmly on an assigned Account Manager, supported by a team of health and safety specialists. The Account Manager's goal is to keep the client in compliance with Cal/OSHA, while facilitating an agreed upon Safety Plan of Action, allowing the client to operate their business while continually improving their safety program in a disciplined and cost-effective manner. Scheduled activities are assigned to Du-All subject matter specialists, effectively avoiding wasted time with a safety generalist coming up to speed with current requirements. As unexpected safetyrelated issues occur, the Account Manager evaluates the problem and assigns the appropriate specialist(s) to resolve the issue, effectively demonstrating the client's required due diligence. Jim Thomas has successfully managed the City of Richmond's safety program for almost 20 years. He has built many relationships with management and staff and takes pride in assisting the City achieve its safety goals. Jim will continue to act as the Du-All Safety Account Manager to the City of Richmond.

During the 20 years of providing Safety/Loss Prevention Programs and Administration services to The City of Richmond, Du-All Safety has developed safety programs, training matrices, policies, permits, and provided training to meet every compliance need. Being extremely familiar with these programs allows us to concentrate on the regular activity and best management practices required to promote safety awareness among employees and management, while maintaining Cal/OSHA and other enforcement agency's compliance requirements.

Understanding that the City of Richmond is responsible for many critical functions for its citizenry, we will do our best to provide multiple availabilities for services, so as not to impede upon the very important role City staff has in the lives of the community they serve.
b) The list of public entity references that we have performed Safety and Loss Prevention administration services can be found as Appendix C. c) Du-All Safety has not lost a client to our competition or dissatisfaction during the last two years.
d) Du-All Safety will continue to provide full-service Safety Support to the City of Richmond, which is our most demanded service. We will continue to manage the required written safety programs we developed specifically for the City, including the required updates. We will continue to conduct training on all of the required topics, as authorized by the City. Our robust inspection schedule will continue, while responding to the safety concerns of employees and management. 1138
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4.0 INSURANCE
Du-All Safety currently holds insurance coverage as listed in this RFP, including certificates with the City of Richmond listed and additionally insured. Current insurance certificates will be submitted upon being awarded this contact.

5.0 REPORTS
a) Plan of Action and Sample Reports are included as Appendix D. b) Our learning management system is a proprietary Du-All internet-based system with record management capabilities for assigned administrators. Du-All Safety provides reports to the City, as requested or required. Reports are then stored on Du-All’s secure server. Du-All Safety will make all client reports available in Word and PDF formats unless otherwise specified. Reports include all materials developed specifically for the client and/or tailored to client operations. These reports include written programs & policies, site inspections and assessments, a safety plan of action, safety training matrices, surveys, maps, chemical inventories, and more. The system includes record management for both inperson and on-demand e-learning courses. c) The Du-All Safety learning portal documents training certifications for all City staff and can be accessed by City of Richmond administrators 24/7. All written programs and reports are located on the Du-All Safety secure server and can be accessed by any employee upon City of Richmond request. d) Du-All has developed several training programs due to client-specific needs. One such training program is our pre-recorded training program. This enables the client to train employees at times that are convenient, while including the specifics of the client’s required written programs and policies. Typically, a live training is recorded and put into our learning portal system. Clients are given login credentials and passwords to be used by employees. Certificates are generated at the successful completion of the training, or upon completion of any required hands-on modules.

While instructor-based training is preferred by most of our clients, this option has proven to be a cost-effective alternative, especially for shorter duration, low hazard trainings.

We also developed a training program for clients that have employees operating small boats as part of their job duties. We developed a classroom session, a hands-on session and as needed refresher training. The program continues to improve over time, with new ideas from in-class experience and discussion. We now have a trailering module for the training as well. A sample City of Richmond Plan of Action/Training Schedule is found in Appendix D.
e) Sample Article found in Appendix E.
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6.0 CONTRACTUAL REQUIREMENTS
Du-All Safety has no exceptions to the City of Richmond’s standard contract.

7.0 SCOPE OF WORK
Du-All Safety, working within the current safety structure developed for the City of Richmond, will provide the following Safety Support Services:
a) Provide assessments of, development of, or updates to, written safety programs, policies, and procedures. These have been tailored to the City of Richmond's operations and written in a format consistent with the IIPP.

Programs, plans, and policies include, but are not limited to: • Aerosol Transmissible Diseases (ATD), 8 CCR 5199
• Bloodborne Pathogen, 8 CCR 5193
• Codes of Safe Practices, 8 CCR 1509
• Crane and Hoist, 8 CCR 4884
• Emergency Action Plan, 8 CCR
3220, 40 CFR 68
• Electrical Safety, 8 CCR 2299-2589 (Low
Voltage), 8 CCR 2700-2989 (High
Voltage) NFPA 70E (ARC Flash) • Fire Prevention and Protection, 8 CCR 3221
• Hazardous Waste Operations and
Emergency Response, 8 CCR 5192
• Heat Illness Prevention, 8 CCR 3395
• Hot Work, 8 CCR 4848
• Lockout & Tagout, (Control of
Hazardous Energy) 8 CCR 3314
• Respiratory Protection, 8 CCR 5144
• Trenching/Shoring/Excavation, 8 CCR
31541, GC 4216
• Asbestos & Carcinogenic Exposure, 8 CCR 1529
and 8 CCR 5208
• Chemical Hygiene Plan, .8 CCR 5191 • Construction Safety, 8 CCR 1500-1938 • Confined Space, 8 CCR 5157
• Driver Safety, 8 CCR 3203
• Ergonomics, 8 CCR 5110
• Fall Protection, 8 CCR 1669
• Forklift (Industrial Trucks), 8 CCR 3649
• Hazard Communication, 8 CCR 5194
• Hearing Conservation, 8 CCR 5099
• Injury & Illness Prevention, 8 CCR 3203
• Personal Protective Equipment (PPE), 8
CCR 3380
• Rigging, 8 CCR 4999
• SOP & Codes of Safe Practices 8 CCR 1509
• Temporary Traffic Control and Flagger
Safety
• Workplace Violence, 8 CCR 3203
b) Assist with the following safety recordkeeping requirements and provide up-to-date documents for safety coordinators, managers, and supervisors. Recordkeeping and documents include, but are not limited to: • Accident Investigations • Inspection Checklists
• Safety Training Records
• Respiratory Fit-testing
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• Forklift Pre-shift Inspection
• Forklift Proficiency Evaluation
• Contractor Safety Checklist • Self-Assessment Forms
• JSA & JHA Forms
• OSHA 300 Log
• Employee Communications
• Safety Committee Meeting Minutes
• Respiratory Medical Surveillance
• Hepatitis B Declination Forms
• Personal Protective Equip. Matrix
• Driver Evaluation Forms
• Lockout/tagout Assessment Forms
• Arc Flash Engineering Assessments
c) Conduct facility health and safety inspections and develop inspection schedule for the City of Richmond. Inspection findings will be provided in a checklist format, risk assessment format, and recommended corrective actions. Reports will be sent to the client within a week of the inspection.
d) Provide training at the direction of the City of Richmond. Topics may include: • Aerosol Transmissible Disease
• Automotive Lift Safety
• Asbestos
• Back Safety
• Bloodborne Pathogen
• Bug bites & Animals
• Confined Spaces
• Mobile & Overhead Crane
• DOT Requirements
• Driver Safety/Defensive
Driving
• Earthquake
• Electrical Safety & Arc
Flash
• Emergency Response
• Ergonomics
• Fall Protection
• Fire Extinguisher • First Aid/CPR/AED
• Forklift-Certification
• Hazard Communication
(including GHS) • Hazardous Waste
• HAZWOPER (FRA,
FRO, and Technician) • Heat Illness
• Hearing Conservation
• Heavy Equipment • Hot Work
• Injury & Illness
Prevention
• Ladder Safety
• Lead Handling • Lockout /Tagout • Machine Tools
• Utility Location
• Personal Protective
Equipment • Pesticide Safety
• Lawn Mowers
• Respiratory Protection
• Rigging • Scaffolding Safety
• SEMS/NIMS • Spill Response
• Traffic and Flagger
Safety
• Trenching & Shoring
• Workplace Violence
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e) Maintain copies of training records and prepare safety training outlines and materials.
f) Required signs, labels, tags, certificates, licenses, postings, etc. will be provided at no cost during the course of this agreement.
g) Develop/maintain a twelve-month plan of action for the City of Richmond that identifies and prioritizes the update of safety programs. h) Develop division-specific safety training schedule that is based on a twelvemonth cycle. i) Facilitate scheduled safety committee meetings and/or assist with tailgate meetings in a capacity that is beneficial to the City of Richmond's program. j) Coordinate and evaluate emergency drills.
k) Perform risk assessments and/or Job Hazard Analysis and develop COSPs/SOPs as requested.
1) Assist with regulatory agency inspections (i.e. Cal/OSHA, CUPA (Contra Costa County Department of Environmental Health), Fire Department, etc.). m) Du-All Safety consultants will be immediately available to support pressing client issues Monday-Friday, 7:00 AM to 5:00 PM, excluding holidays. Response time is expedited for pressing issues such as serious accident investigations and regulatory agency visits. The Account Manager will be available 24/7, including weekends and holidays to provide technical support after hours.

8.0 APPENDICES

All appendices are attached at the end of this document and are listed as follows:

Appendix A: Resumes
Appendix B: Organizational Flow Chart
Appendix C: Public Agency References
Appendix D: Sample Report and Sample Training Schedule
Appendix E: Sample Safety Article

9.0 PROPONENT’S FEE SCHEDULE
Du-All Safety’s fee schedule form follows this explanation of our fee structure.

Pricing for this contract, for all services, will be $167.00 per hour. This rate will not increase for the duration of this contract. Services are ultimately determined by the client. No projects will take place without prior approval of the client. When a request is received by the Account Manager, an estimated not to exceed number of hours is given, as well as an estimated project 1142
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completion date. Project assignment takes place once approval is received by the appropriate client contact.

Du-All successfully utilizes this invoicing protocol with all of its clients. Invoices are sent out at the end of each month, for services that took place that month, net 30 days.

Based upon our experience, the City usually requires a minimum of 60 hours of support. This number can increase, depending on approved requests, but is easily managed.

Our standard Satisfaction Guarantee is included with all work performed. If, for any legitimate reason, you are unsatisfied with a service, you will not be charged for the unsatisfactory work.

This process is initiated by contacting your Account Manager, Jim Thomas, or Chief Operating Officer, Mike Connelly.
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APPENDIX A

RESUMES
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Steven Pierre
General Manager
B.Sc., Exercise Science,
Sports Medicine, 1993
Concordia University, Montreal, Canada
Medic First Aid Instructor and Instructor
Trainer
STOP® Certified Instructor
Certified Playground Safety Inspector
American Safety and Health Institute
Instructor
Heat and Cold Illness Prevention
Summer Safety
Emergency Action Plans
Fire Extinguisher
Safety Responsibilities for Managers
Accident Investigation
Driver Safety
Bloodborne Pathogens and Aerosol
Transmissible Diseases
Workplace Violence
Injury and Illness Prevention Programs
Hazard Communication
Personal Protective Equipment
Silica
Back Safety and Ergonomics
COVID-19
Steven Pierre has 33 years of teaching experience in
the military and civilian fields, and has been working
with Du-All Safety for over 20 years. His specialty is
developing strong safety programs to meet federal,
state and local regulations. He has specific expertise in several fields including the development and application of Exposure Control Plans and Aerosol Transmissible
Diseases Programs.

Along with developing strong rapports while working
with police and fire departments, Mr. Pierre chairs
several safety committees for both the private and
public sectors.

In addition to his teaching and management
experience, Mr. Pierre conducts facility inspections to ensure they meet OSHA and Fire Code standards.

Mr. Pierre maintains competent understanding of health
and safety requirements promulgated by Cal-OSHA and
California Health & Safety Code regulations.
1145
Experience
Automated External Defibrillation Program Administrator American Red Cross Santa Clara Valley Chapter
Developed and administered the automated external defibrillation program so that AEDs would be accessible to visitors and employees visiting or working in the facility associated with the Red Cross.

Ensured that the AEDs were properly inspected and maintained and that a sufficient number of trained individuals were immediately available in case of an emergency.

Emergency Response Instructor
Multiple Municipalities (including Police and Fire) in California Trained and continues to train thousands of employees on current guidelines for CPR, Automated External Defibrillation and first aid. Instrumental in the purchase and access to public defibrillation which, in turn, has led to the successful resuscitation of several individuals. Ensures that training is exciting and relevant.

Health and Safety Compliance Management
Multiple Private and Public Facilities in California
Operations included developing and chairing safety committees, job safety assessments and hazard analysis, development of written programs and procedures in the areas of exposure to bloodborne pathogens, aerosol transmissible diseases, emergency evacuation, and ergonomic safety. Managed the delegation of environmental issues including hazardous waste, wastewater, storm water, general hazardous material management and safety issues as they pertained to Cal/OSHA.

Safety Program Development and Management
Ridge Vineyards, California
Mr. Pierre developed the entire safety program to meet all relevant aspects of Title 8 of the California Code of Regulations to ensure that all employees and management were protected during all tasks and hazards associated with vineyard operations. Ensured that all training was conducted in the appropriate language to the students’ understanding.
1146
Richard DeBusk
CSP, General Industry Division
Director
Master of Public Administration
Virginia Tech, Blacksburg, Virginia
Bachelor of Science, Business
Virginia Tech, Blacksburg Virginia
Certified Safety Professional
(CSP) #17915
American Society Safety Engineers
Sacramento Chapter
Member
Former Chapter President
Richard DeBusk is an account manager and safety
specialist. He has a broad range of experience and can
respond to most client safety needs. Mr. Debusk is a
safety generalist but has specialized training and
experience in electrical safety, lockout/tagout, crane
and rigging safety, confined space entry, excavation,
trenching and shoring safety, heavy equipment
operations, aerial and scissors lifts, construction safety, traffic and flagger safety, accident investigation,
respiratory protection, fall protection (including ladders and scaffolds), and hazardous waste operations
(HAZWOPER).

Mr. DeBusk manages a number of Du-All Safety Client
accounts, including: OSHA, several cities, city public
works departments, city utilities departments, public
utilities, waste water plants, water treatment plants and several electrical contractors. He is also an OSHA
Instructor for Electrical Safety and Construction (10-
hour and 30-hour Construction Safety Certificates).

Mr. DeBusk is veteran with 4 years of active service
and 5 years of reserve service with experience in
Search and Rescue and Boating Safety.
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Experience
Consultant - Safety Engineer and Instructor
Du-All Safety in Fremont, California from 2007 to present Mr. DeBusk provides safety services, including safety program development, safety instruction, and program audits to support safety improvements. Some specific projects he has worked on include:  Development of a qualified electrical worker program for San Leandro Water Pollution Control Plant.  Development of a comprehensive lockout/tagout program for the Central Contra Costa Sanitary District.  Development of an electrical safety, mobile and overhead crane and rigging safety and lockout/tagout program including training for the Tuolumne Utilities District.  Development of heavy equipment operation (excavator and backhoe) and mobile and overhead crane periodic inspection qualification and training programs for Alameda County Public Works Agency.  Long-term safety program development and support for the Oakland Public Works Agency including safety training, program development and auditing.  Traffic and Flagger Safety training for over 25 agencies and companies in the greater Bay Area.

Safety Manager
CH2M Hill Hanford Group in Richland, Washington from 1999 to 2007 Mr. DeBusk served as the Safety Manager for Hanford Tank Farms. He led the safety and health program for this 1,500-employee Department of Energy Hazardous Waste Cleanup Project in Washington State. Accomplishments included:  Helped build an effective partnership between management and unions through Joint Safety Committees. One result of this collaborative effort was recognition for safety excellence (VPP STAR) under the Voluntary Protection Program for the 222-S Laboratory in 2004.  Collaborated with operations, industrial hygienists, and worker representatives to develop and implement an industrial hygiene tank vapor monitoring program for a wide variety of toxic chemicals and mixed chemical/radiological hazards.

Emergency Preparedness Manager
Fluor Hanford, INC. in Richland Washington from 1997 to 1999 Mr. DeBusk led the overall corrective action response to the Plutonium Reclamation Facility (PRF) fire in early 1997. Accomplishments included:  Negotiated with state environmental regulators for significant changes in the Hanford Site RCRA Permit. These corrective actions dramatically improved environmental compliance in six months and led to the early and safe restart of the PRF.  Secured funding and constructed a new Emergency Operations Center (EOC). 1148
Jose M. Mora
Director Construction Division
CPR/AED & First Aid Instructor
American Safety & Health Institute
OSHA 500 Construction Outreach Instructor
OSHA U.S Department of Labor
Chabot College
OSHA 520 Standards for the Construction
Industry
OSHA 5109 – Cal/OSHA Standards for the
Construction Industry
USACE Construction Quality Management for
Contractors #784
OSHA Training Institute Education Center
California State University Dominguez Hills
Construction Management
California State University East Bay
Principles Occupational Safety and Health
National Safety Council
Safety Management Techniques
National Safety Council
OSHA 10-HR General Industry
National Safety Council
Fluent Spanish Speaker and Writer
Jose Mora has a depth of experience in local, state and federal regulations as they relate to the management of construction and general industry safety issues. He is
fluent in both English and Spanish.

Mr. Mora has worked with clients in the manufacturing,
retail, construction, wineries, vineyards and
municipality, advising them on regulatory issues such
as confined space entry, fall protection, heavy
equipment operation, control of hazardous energies and
general safety practices. Mr. Mora has also worked
with Cal-OSHA Consultation pursuing and earning three
Cal/OSHA Golden Gate partnership recognition
certificates for pervious employers.

Working in the role of Safety Director, he managed a
team of safety professionals to provide an effective
safety program for a staff of over 500 employees
located in California and Nevada.

Mr. Mora has developed employee-management safety
committees, performed accident investigations,
conducted safety inspections and hazard assessments.

Mr. Mora maintains competent understanding of health
and safety requirements promulgated by Cal-OSHA, the
U.S. EPA, Federal OSHA, Uniform Fire Code (UFC),
Reclamation Health and Safety Standards, U.S. Army
Corps of Engineers EM-385-1-1 Standards, California
Health & Safety Code regulations, and Construction
Management.
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Jose M. Mora
Experience
Director of Safety
Roofing, Waterproofing and Solar Construction for California and Northern Nevada Mr. Mora managed the company’s written safety policies including Fleet Safety Program, Field/Facility Safety, Security, Subcontractor Safety Programs, Occupational Lead Poisoning Prevention, Environmental fees and Hazardous Materials Business Plans. He was the representative on all OSHA related compliance issues, claims, violations and consultation services. Mr. Mora worked closely with builders and contractors on all residential and commercial safety programs and conducted the required Safety Trainings as mandated by OSHA for the high hazard industry. Mr. Mora also conducted and coordinated weekly safety meetings and training for Division Managers, General Supervisors, Fleet Supervisors and Fleet Drivers.

District Safety Manager
Home Improvement
Mr. Mora oversaw the execution of Safety Programs within his assigned district to reduce the frequency of injuries and accidents to both employees and customers. He successfully deployed re-engineering projects, responsibilities and key accountability through advising and counseling upper management and loss prevention on the correct execution of the safety policy. Mr. Mora conducted regulatory compliance audits and quarterly safety performance evaluations throughout his district.

Corporate EHS Ergonomics
Technology Industry
Mr. Mora performed office ergonomics including one-on-one evaluations of employee work areas, writing detailed individual reports and tracking performance status. He also identified risks, made recommendations for changes and assured the recommendations were implemented.

Compliance Specialist
Environmental Compliance and Remediation
Mr. Mora conducted initial and refresher training for Hazardous Materials Communication Programs, Fire and Emergency Response, Injury and Illness Prevention Program, Forklift, Hearing Conservation, respiratory Protection and CPR/First Aid. He also performed walkthrough facility audits, facility evacuation maps, Hazardous Material inventories and storage certification.

Household Hazardous Waste Program
County Department of Environmental Health
Mr. Mora provided educational support to residents and small businesses about the proper management of Household Hazardous Waste. He provided technical support at collection events, conducted surveys, organized manifest and reports and worked closely with the Lead Hazardous Material Technician. 1150
Luis Canales
Environmental Health & Safety
Specialist II
COVID-19 Infectious Disease Prevention
Specialist
Certified Ergonomic Assessment
Specialist
Medic First Aid Instructor
Pediatric First Aid Instructor
American Heart BLS Instructor
American Safety and Health Institute
Instructor
Disaster and First Aid Supplies Specialist
Technology Implementation Consultant
Aerosol Transmissible Diseases Plans
Respiratory Protection Plans
Emergency Action Plans
Exposure Control Plans
Injury and Illness Prevention Plans
National Academy of Sports and Medicine
OSHA 10 Construction
Fluent Spanish Speaker and Writer
Luis Canales has 13 years of teaching experience in
the manufacturing, semiconductor, bio-tech,
automotive, healthcare and municipality sectors, as well as considerable experience in the field of environmental health and safety. He is an expert in preparing policies and procedures, and is fluent in both English and
Spanish.

Mr. Canales has eight years of operational experience
in diverse safety companies. In addition to his teaching and management, Mr. Canales conducts facility
inspections to ensure they meet OSHA and Fire Code
standards.

Mr. Canales maintains competent understanding of
health and safety requirements promulgated by CalOSHA and California Health & Safety Code regulations. 1151
Experience
Operations & Sales Director
ICE Safety Solutions Inc.

Developed and administered all aspects of company workflow and structure. Including the development of Safety Class content and their respective presentations. Training and management of safety Instructors and their development. Management of Automated external defibrillator programs and training.

Safety equipment implementation and training for large disaster-prone sectors; earthquake, fire, hurricanes, and floods.

Medic First Aid & ASHI Instructor
Multiple locations in California
Trained and continues to train hundreds of employees on current guidelines for CPR, Automated External Defibrillation and first aid. Instrumental in the purchase and access to public defibrillation which, in turn, has led to the successful resuscitation of several individuals. Ensures that training is exciting and relevant.

Basic Life Support Instructor for Healthcare
American Heart Association in California
Trained and continues to train hundreds of employees on current guidelines for CPR, Automated External Defibrillation and first aid. Instrumental in the purchase and access to public defibrillation which, in turn, has led to the successful resuscitation of several individuals. Ensures that training is exciting and relevant.

Technology Implementation and Training
Multiple locations in California
Mr. Canales develops internal software and training for the coordination of Safety programs. The use of a Customer Relationship Management System, to meet the needs of the different safety and training programs.

Certified Ergonomic Assessment Specialist
Multiple locations in California
Identify where the body is susceptible to injuries and analyze the causes, signs and symptoms of musculoskeletal disorders. Apply the OSHA ergonomics jobsite analysis forms W-1, D-2 and WAC in performing multiple task ergonomics assessments. Identify and apply effective methods for controlling risk factors. Analyze and construct injury prevention strategies. Design ergonomics problem solving solutions.

COVID-19 Infectious Disease Prevention Specialist (IDS) Multiple locations in California
Prepare companies for a pandemic and how to build an Infectious Disease Preparedness and Response Plan. Implement risk reduction strategies to lower transmission rates of infectious disease in the workplace and provide a variety of methods to reduce employee exposure. 1152
Jon La Commare
Safety Specialist III
Authorized OSHA Outreach Trainer,
Construction Industry
OSHA 10 & 30 Hour Training,
Construction Industry
Powered Industrial Truck
Train the Trainer
40-Hour Hazardous Water Operations
and Emergency Response Trainer
EPA Certified Lead Renovator
EPA Certified Asbestos Contractor
Supervisor
Competent Person Confined Space
Entry/Non-Entry Rescue Trainer
Competent Person Fall Protection Trainer
Competent Person Trenching &
Excavation Trainer
Medic First Aid, Adult/Pediatric CPR, First
Aid and AED, Certified Instructor
American Safety & Health Institute
Wilderness Emergency Care Instructor
American Heart Association BLS
Instructor
Jon La Commare has been a professional safety
consultant and trainer since 2008 specializing in
Construction and General Industry safety, emergency
response and emergency management, and lead and
asbestos worker training. Mr. La Commare is
considered to be a master trainer and delivers engaging and informative safety training. He also has expertise
in the development, administration and recordkeeping
requirements of over 20 occupational safety and health
subject areas.

Mr. La Commare has worked with clients in the
construction, semiconductor, manufacturing,
automotive, bio-tech, medical and education industries, and municipalities, advising them on regulatory issues
such as written plan compliance, employee safety
training programs and requirements, safety committee
development, incident investigation, mock OSHA safety
inspections and job hazard assessment and reporting.

Mr. La Commare is authorized by OSHA to facilitate 10-
and 30-hour training for the construction industry and
has expertise in training asbestos maintenance
workers, lead renovators, HAZWOPER workers, CERT,
MERT and Emergency Response Team members.

Mr. La Commare maintains competent understanding of
health and safety requirements promulgated by CalOSHA, Federal OSHA, the US EPA, California Department of Toxic Substances Control (DTSC), US
Department of Transportation (DOT), and Bay Area Air
Quality Management District (BAAQMD), and included
in Title 22, 49 CFR, Title 8, Uniform Fire Code (UFC),
and California Health & Safety Code regulations
1153
Experience
As an OSHA Safety Specialist III, Mr. La Commare specializes in the following areas:  Injury & Illness Prevention  Emergency Action Planning and Drills  Personal Protective Equipment  Hazard Communication  Hazardous Waste Management  Lockout/Tagout  Fire Prevention and Fire Extinguisher Safety  Powered Industrial Truck Operator Training  Hearing Conservation  Respiratory Protection  HAZWOPER  Exposure Control/BBP  Temporary Traffic Control/Lane Closure  Fall Protection/Ladder Safety  Heat Illness Prevention and Summer Safety  Hot Work Safety  Cold Stress  Spill Prevention, Control and Countermeasures  Workplace Violence  Safety for the Veteran Worker  Safety Responsibilities for Supervisors  Pesticide Handler Safety  Chainsaw Safety and Tree Work  Elevated Work Platforms 1154
Jim Thomas
Safety Specialist III
Retired US Coast Guard
Chief Petty Officer
Fire Protection and Life Safety Code
Maritime Confined Space Practices
Shore Confined Space and Rescue
40 Hour Hazardous Waste Operations
and Emergency Response
Train-the-Trainer
Hazardous Waste Operations &
Emergency Response 8 Hour Supervisory
Certification Course
AHERA Building Inspector
AHERA Management Planner
Lead Related Construction
Inspector Assessor
OSHA Respiratory Protection and
Personnel Protection
OSHA Ventilation for Control of
Airborne Contaminates
OSHA Machinery and Machine Guarding
OSHA 521 Guide to Industrial Hygiene
Unit Safety Coordinator
Hazardous Waste Management 40 Hour,
Coast Guard Course
Leadership and Management
Alaska Department of Public Safety
Sea Survival
Mr. Thomas has been employed with Du-All Safety
since June 2001. Prior to that he was enlisted in the
United States Coast Guard for 21 years, achieving the
rank of Chief Petty Officer. He has a strong background in Safety and Environmental Health including safety
program assessments; program development; safety
inspections; lockout / tagout, including development of equipment-specific procedures; hot work; portable fire
extinguisher use; selection of required and
recommended personal protective equipment; machine
guarding requirement; and program implementation
through training. He provides guidance to upper
management for prioritizing actions and choosing
courses of action that ensure timely resolution of
deficiencies.

Mr. Thomas has worked with clients in a broad range of
fields, including wastewater, water, public works, parks, city and county, electronics, wineries, metal and plastic fabrication and bio-tech industries, advising them on
regulatory issues such as program deficiencies,
required training, safety inspection requirements and
findings, hazard mitigation, and supporting employee
training programs. He also heads safety committee
meetings and assists in implementing required safety
programs through training tailored to client needs.

Mr. Thomas has developed written equipment specific
lockout/tagout procedures for numerous water
treatment plants, wastewater treatment plants, aquatics facilities and city owned facilities. He has assisted
agencies in identifying machine guarding issues, and in the design and installation of machine guards. He has
also been involved in numerous initial regulatory
reviews/assessments and inspections to assist clients
in determining the status of required safety and
environmental health programs, necessary updates,
and implementation strategies.

Mr. Thomas maintains a competent understanding of
health and safety regulations promulgated by CalOSHA, Uniform Fire Code (UFC), Uniform Building and Mechanical Code and California Health & Safety Code.
1155
Experience
Safety Inspections
Wastewater Treatment Districts throughout Marin County
Mr. Thomas was the primary inspector for a contract that involved conducting initial safety audits and inspections at seven wastewater treatment facilities and numerous lift/pump stations located throughout Marin county in order to identify hazards, regulatory deficiencies, employee exposure and safety program needs. The project was completed in a timely manner and provided critical information to management so a plan of action and time estimate could be developed in order to develop required safety programs, mitigate identified hazards and implement the programs through training.

Equipment Specific Written Procedures for Lockout/Tagout Wastewater Treatment Plants, Water Treatment Plants and other clients throughout California Mr. Thomas has developed equipment specific written procedures as required by OSHA for numerous wastewater and water treatment plants, water pumping stations, flood control pumping stations, drawbridges, lighthouses, public works agencies and equipment maintenance shops. The procedures included identification of all energy sources and types of energy present, proper shut down of equipment, identification of isolation points, type of locking device to be installed on isolation points and methods to dissipate store energy once it has been isolated. Mr. Thomas has also developed locking devices and methods for difficult isolation areas and when a readymade device is not able to be located.

Safety Program Development
Utility Districts and Public Works Facilites throughout California Mr. Thomas routinely develops Lockout/Tagout, Hearing Conservation, Hot Work, Personal Protective Equipment, Documented Personal Protective Equipment Assessments, Emergency Action Plans and other safety and health related programs for clients. Mr. Thomas ensures that the written programs are developed to the specific client needs and has worked with clients to develop identified programs in a determined time frame in order to have them implemented through training in a timely manner.

Code of Safe Practice Development
Utility Districts and Public Works Facilites throughout California Mr. Thomas has developed client and machinery specific Codes of Safe Practices for equipment located at numerous wastewater and water treatment plants, water pumping stations, Sewer lift stations, flood control pumping stations, public works agencies and equipment maintenance shops Mr. Thomas has a very strong mechanical and engineering background that works to his advantage when developing Codes of Safe Practices for new equipment or very hazardous operations.

Account Manager
Utility Districts and Public Works Facilites throughout California Mr. Thomas has been an Account Manager for Cities, Utilities Districts, Manufacturing Companies and Wineries for the entire time he has been employed at Du-All Safety. As an account manager Mr. Thomas assists the client with program oversight, program development and implementation, conducts safety inspections, conducts safety meeting, plans and delivers required safety training, conducts hazard assessments and provides recommendations on how to mitigate hazards that have been identified, schedules meetings, develops plans of actions and assists in keeping the entire safety program up and running.
1156
Henry Fockler
CEAS, Safety Specialist III
Accident
Investigation
Aerosol
Transmissible Disease
Asbestos
Awareness
Back Safety/Safe
Lifting
Bloodborne
Pathogens
Chainsaw & Tree
Work
Maintenance/Removal
Confined Space
CPR/AED/First Aid
Certified
Overhead & Mobile
Crane Truck & Rigging
Defensive Driver
Safety
Elevating Work
Platforms
Emergency Action
Plan
Henry Fockler is a safety Specialist II with a broad
range of experience and can respond to many client safety needs. Henry is a Certified Ergonomic Assessment
Specialist. Henry is also OSHA 30-Hour Construction
Certified. Henry was a Certified Crane Operator and has training and experience in Commercial Truck Driving,
Heavy Equipment Operations, Power Lawn Mowers, Slope
Mowing, Tree Work Maintenance and Removal and much
more.

Henry is a Limited Access Specialist in Field Operations.

Henry has led Major Flood Control Levee Raising
Projects.

Henry has been knowledgeable about Large- and SmallScale Homeless Encampment Removal since 1990.

Mr. Fockler has over 28 years of experience in County.

Public Works with 2 large Northern California Government Agencies. Henry has practical and supervisory experience in maintenance and operations for road and flood control departments, from routine maintenance to special projects involving city, county, state and federal agencies. Many of these projects have strict safety guidelines. Henry has over 28 years of experience as a Disaster Service Worker from a field to management perspective including Emergency
Operations Center (EOC) and Department Operation
Center (DOC) experience.

Henry has also worked on a special County project that
had major cultural significance which won the J. Michael Walford Team of the Year Award.

Association of Public Works Agencies (APWA)
Supervisory and Management 90 – hour National
Certification Program Graduate.

County Government Manager Development Training
Program Graduate.
1157
Excavation,
Trenching & Shoring
Fall Protection
Forklift & Powered
Industrial Trucks
Hearing Conservation
Heat Illness
Prevention
Portable Ladder
Safety
Additional Training and Experience Skill Set:

Cold Safety, Defensive Driver Safety, Ergonomics,
Fire Extinguisher, Hand and Portable Powered Tools and
Equipment, HazComm/GHS, Hexavalent Chromium, Hot
Work, Injury and Illness Prevention Plan, Lead Awareness, Lockout/Tagout, Machine Guarding, New Hire Safety
Orientation, Personal Protective Equipment, Powder
Actuated Tools, Respiratory Protection, Safety for the
Veteran Employee, Safety Responsibilities for
Supervisors, Silica Dust, Slip, Trips and Falls, Summer Safety, Traffic Control and Flagger Safety, Trailering
Operations, Warehouse Safety and Workplace Violence.
1158
Fritz Garcia
Safety Specialist II
Aims Community College, 2000-2003
Greeley, CO
Board of Certified Safety Professionals
CHST - #12956
Expires 12/31/2020
OSHA 500 Trainer (10/30 Hour
Construction)
Certified in Adult CPR/First Aid/AED
Crane and Rigging Competent Person
Scaffold User/Erector Competent Person
Hilti Tool Competent Person
Swing Stage Competent Person
Trenching, Excavation, & Shoring
Competent Person
Elevated Work Platform (Scissor/Boom
Lift) Trainer
Power Industrial Truck Trainer
Fritz Garcia is an enthusiastic, self-motivated
individual with excellent communication and
relationship skills and the ability to think creatively as well as independently; experience in various office
technologies. Fritz Garcia has managed CCIP/ OCIP.
traditional insurance projects in the healthcare field, research facilities, commercial buildings, and parking
structures.

Mr. Garcia’s role, and responsibilities on projects
include development of site specific Job Site Safety
Plans; Safety Orientation; Safety Culture; Obtain Cal
OSHA job specific project permits, dealing with both
Cal OSHA consultation/enforcement, and building
relationships with clients, subcontractors, and project staff.

Managed multiple sites, workers comp claims,
reviewed all accident reports and corrective
measures. Conducted field inspections, and
coordinated activities with field safety personnel, and project personnel including implementation of SWPP
requirements.

Mr. Garcia is fluent in English, and Spanish.
1159
Experience
Safety Manager, McCarthy Building Companies, Inc., Oakland, CA 2007 - 2018  Kaiser Oakland Hospital Replacement Program Phase 2 Central Utility Plant, Oakland, CA; 34,545, 2-story central utility plant supporting the hospital and health services building.  Kaiser Oakland Specialty Medical Office Building, Oakland, CA; 229,000, 5 level (including basement) medical office building.  Kaiser Oakland Hospital Replacement Program Phase 2 Hospital, Oakland, CA; 650,000 sf, 319-bed replacement hospital that is the second phase of the program which includes new hospital, hospital support building and central utility plant.  Dignity Health Mercy Medical Center Merced, Merced, CA; $166.7million, 286,000 sf, 8-story, 185-bed replacement hospital and central utility plant. Departments include: ER, ICU, newborn nursery, pharmacy, helipad and cafeteria.  Other projects worked on: Chukchansi Coarse-gold Resort, Stanford Medical Center Replacement Hospital and Parking Structure, Westfield Mall Parking Structure, and Marin General Hospital and Parking Structure.

Safety Manager, KHS&S Builders, Concord CA, 2005-2007  The California Academy of Sciences, San Francisco, CA; aquarium, Planetarium, natural history museum and a 4-story rainforest all under one roof.  Kaiser Permanente Antioch Medical Center, Antioch, CA; Safety Coordinator, Webcor Builders, San Francisco CA, 2003 - 2005  The Lucas Digital Arts Center in the Presidio
1160
Ed Loyd
Safety Specialist III
B.S., Criminal Justice and California
Teaching Credential, 1989
U.C. Berkeley, California
40-Hour SCATS Training (Nevada OSHA)
and Emergency Response training
First Aid, Adult CPR, Certified
Certified Safety Technician
Homeland Security Instructor
Ergonomics and Body Mechanics
Instructor
Health Care Joint Commission Physical
Safety and Security Program Certified
Inspector
Course Instruction:

Certified Lift Truck Instructor
Heat and Cold Illness Prevention
Summer Safety
Emergency Action Plans
Fire Extinguisher
Safety Responsibilities for Managers
Accident Investigation
Driver Safety
Bloodborne Pathogens and Aerosol
Transmissible Diseases
Workplace Violence
Injury and Illness Prevention Programs
Back Safety and Ergonomics
Incident Command Certified
Confined Space
Hazardous Materials (GHS)
Crane safety and Rigging
Work Zone Safety
California Boating Safety Certified
Mr. Loyd has diverse background in safety and security
management at local, State, and federal levels. He has
a strong background in the management of
environmental health and safety issues in multiple
industries, with skills in the development, application, and documentation of, Hazardous Materials Business
Plans (HMBPs) and Risk Management Plans.

Mr. Loyd has work experience in the semiconductor,
manufacturing, hospitality, health care and bio-tech
industries, advising them on regulatory issues such as
Process Safety Management, hazardous waste
management, and supporting employee training
programs pertaining to safety and security.

He has worked with senior management within facilities, to develop several Injury, Illness Prevention Plans;
participated in employee-staffed safety committees;
assisted with accident investigations; provided safety
inspections; investigated worker compensation claims,
authorized Workplace Violence program and identified
and supported hazardous waste minimization efforts.

Mr. Loyd maintains competent understanding of health
and safety requirements promulgated by Cal-OSHA, the
US EPA, US Homeland Security, US Department of
Transportation (DOT), and Bay Area Air Quality
Management District (BAAQMD), Certified Unified
Program Agencies (CUPA) and included in Title 22, 49
CFR, Title 8, Uniform Fire Code (UFC), and California
Health & Safety Code regulations.

He has been featured in Fortune 500 and ASIS
Management magazines on articles related to
Workplace Violence and Internal Investigations.

He served on the Advisory board for Contra Costa
County Sheriff’s Office and Oro Valley Police
Department.
1161
Experience
Air Permit
San Lorenzo, California
Mr. Loyd provided air permitting assistance to conduct air sampling activities to identify contaminates from a food manufacturing site. Responsible for evaluating public notifications requirements and completed permit application for submittal to the Bay Area Air Quality Management District.

Environmental Health and Safety Compliance
Multiple Manufacturing Facilites in California
Developed and maintained the Injury and Illness Prevention Program and Job Safety Assessments.

Conducted safety inspections, led safety committee meetings, provided onsite safety training for employees and management, managed the hazardous waste program, managed the security program and developed safety training lessons specific to the operations at the facility. Acted as company liaison for regulatory inspectors on issues concerning hazardous materials storage and industrial wastewater discharge. Conducted numerous internal investigations into employee misappropriation of company property and testified in court to support findings.

Process Safety Coordinator
Multiple Manufacturing Facilites in California
Oversaw and managed the company’s Process Safety Management (ammonia refrigeration) programs and conducted all safety training, inspections and reviews of regulatory requirements related to PSM.

Environmental areas covered in these audits included hazardous waste, emergency response to releases, and general hazardous material management. Safety compliance covered by the audit included blood borne pathogens, hearing conservation, hazard communication, proper use of PPE and general compliance with Title 8 of the California Code of Regulations (T 8 CCR). His responsibilities included compiling the findings into an audit report for each manufacturing facility’s corporate review.

Hazardous Materials Business Plan
Multiple Sites in California
Developed Hazardous Materials Business Plans (HMBPs) for multiple facilities, including food manufacturing, hospitals, biotechnology, semiconductor, hospitality, and dry goods manufacturing. The HMBPs were required for hazardous materials use and storage exceeding threshold quantities described in Section 6.95 of the California Health and Safety Code. Each plan included the required Emergency Response/Contingency Plan with information specific to the location. Oversaw various sites to verify hazardous material inventories and conduct mapping activities to be included in the plan. 1162
Briana Lipka, QISP, CHMM
Environmental Director
B.A., Environmental Studies, 2015
San Jose State University
Hazardous Materials Business Plans
Hazardous Waste Management Training
Spill Prevention, Control and
Countermeasure Plans
Stormwater Pollution Prevention Plan
Emergency Response / Contingency
Plans
Injury and Illness Prevention Programs
Emergency Action Plans
Briana Lipka has worked in the field of health and safety for twelve years. Her specialty is developing health and safety programs to meet federal, state and local
regulations. She has expertise in creating Hazardous
Materials Business Plans for a variety of industries,
particularly for municipalities, and ensuring compliance with the State of California and local CUPAs and
regulatory agencies.

She is a Qualified Industrial Stormwater Practitioner
dedicated to reducing industrial pollutants in our
California waterways. Ms. Lipka conducts stormwater
assessments including writing and assisting with the
implementation of industrial Stormwater Pollution
Prevention Programs.

Ms. Lipka is a Certified Hazardous Material Manager
accredited through IHMM. She conducts hazardous
materials inspections for a variety of industries and
works with local, state and federal agencies to
maintain compliance and safety to all employees
working with hazardous materials.

Ms. Lipka has conducted numerous site inspections
and performed various types of environmental sampling
throughout the Bay Area, including sampling for silica, asbestos, mold, lead, indoor air quality and water
quality. She has conducted environmental and
hazardous materials inspections of municipal
operations, school districts and a variety of other
industries throughout California.

Ms. Lipka maintains competent understanding of
environmental health and safety requirements
promulgated by Cal/OSHA and California Health &
Safety Code regulations. She maintains an
understanding of current Department of Toxic
Substances Control (DTSC) regulations and State
Water Resources Control Board (SWRCB) regulations,
as well as of the individual regions associated with
them.
1163
Experience
Program Director
Santa Clara County Creeks Coalition
Conducted and coordinated volunteer events to clean up Coyote Creek in San Jose, California.

Worked closely with schools to involve students in the importance of water quality and environmental programs. Presented to high schools and colleges throughout the Bay Area for education purposes. Ensured compliance of the non-profit with state and federal regulations.

Industrial Hygienist
The Cohen Group
Performed air quality assessments, mold investigations, water quality testing and site safety inspections and various locations throughout the Bay Area. Wrote investigation reports of findings, health and safety plans, emergency action plans, injury and illness prevention programs, bloodborne pathogens programs and various other health and safety programs. 1164
Ron Gordon
Safety Specialist
510-917-4758
[email protected]
B.S., Administration of Justice,
San Jose State University
Medic First Aid Instructor
Medic First Aid 1st Aid/CPR/AED
Instructor
CA Full-time Teaching Credential
31 years Law Enforcement
10 years College Faculty
Active Shooter Training Instructor
Hostage Negotiations Trainer
Live Scenario Training Instructor
Workplace Violence
Hazard Communication
De-Escalation Trainer
Sexual Harassment Training
Heat and Cold Illness Prevention
Summer Safety
Emergency Action Plans
Fire Extinguisher
Safety Responsibilities for Managers
Accident Investigation
Driver Safety
Bloodborne Pathogens and Aerosol
Transmissible Diseases
Injury and Illness Prevention Programs
Personal Protective Equipment
Ron Gordon has 31 years of law enforcement
experience and upon retiring he began teaching
Criminal Justice at a private college for another 10
years. He has 40 years of teaching experience in law
enforcement, college and high school, and has been
working with Du-All Safety for over 6 years. His
specialty is developing strong safety programs to meet
federal, state and local regulations. He has specific
expertise in several fields including the development
and application of Driver Safety and Personal Safety
Programs.

Along with developing strong rapports while working
with police and fire departments, Mr. Gordon has been
on several safety committees for both the private and
public sectors.

In addition to his teaching and management
experience, Mr. Gordon conducts facility inspections to ensure they meet OSHA and Fire Code standards.

Mr. Gordon maintains competent understanding of
health and safety requirements promulgated by CalOSHA and California Health & Safety Code regulations. 1165
Experience

PROFESSIONAL EXPERIENCE
Carrington College, 5883 Rue Ferrari #125, San Jose CA 95138 408-960-0161

2017-2023
OSHA Safety / Instructor (part-time 2017-2023, Full time 2023-Present) Fremont, CA
Carrington College, 5883 Rue Ferrari #125, San Jose CA 95138 408-960-0161

2017-2023
Criminal Justice Program Director / Instructor
San Jose, CA
Eden Area ROP, 26316 Hesperian Blvd., Hayward CA 94545 510-293-2900 2017-2018
Substitute Instructor
Hayward, CA
Heald College, (Closed) 25500 Industrial Blvd., Hayward CA 94545 510-783-2100 2012-2015
Administration of Justice Instructor
Hayward, CA
Milpitas Police Department (Retired) 1275 N. Milpitas Blvd., Milpitas CA 95035 408-586-2400

1981-2012 Patrol Sergeant, Detective Sergeant, Field Training, & Crime Prevention Milpitas, CA
 Field Supervisor & Watch Commander
 Conducted patrol briefings
 Supervised, Evaluated, and Trained Subordinates
 Gang Intelligence & Suppression as Milpitas High School Police Science instructor  Investigate major/minor incidents as assigned
 Conduct crime scene investigations when needed
 Interact with various Federal, State, and County agencies  Train, evaluated, trained, and mentored new officers
 Directly supervised assigned trainees
 Implemented first D.A.R.E. program amongst MPD as Lead Instructor

PROFESSIONAL DEVELOPMENT
Baton Instructor’s Course, Capitola POST Mar. 2020
Defensive Tactics Instructor’s Course, Sacramento-A.S.E.T.-STC Oct. 2019 Background Investigations, Santa Rosa Junior College POST Dec. 2011 Sherman Block Supervisory Leadership Institute, POST Sept. 2002 Sergeant as Performance Evaluator and Trainer, Just. Trng. Inst. Oct. 1996 Advanced Hostage Negotiation, S.J.S.U. Jun. 1995
P.O.S.T. Supervisory Course, Evergreen Valley College May 1995 1166
James Powers
Account Manager
and Assistant Account
Manager
916-708-8323
[email protected]
Safety Training
LOTO
Heavy Equipment
Power Tools
Trenching/Shoring
Ladder Safety
Fall Protection
Electrical Safety
Heat Illness Prevention
Emergency Action Plan
Bloodborne Pathogens
Traffic Control/Flagger
Portable Fire
Extinguisher
Boating Safety
Safety Inspections
General Industry
Construction
James Powers started his career in the trades in 2001.

He worked his way up through the ranks, performing
nearly all construction tasks along the way. Mr. Powers realized there was a gap in safety as he witnessed
many jobsite injuries. James wanted to be part of the
change and decided to get into safety and put himself
through college via online classes. In 2015 he landed a job as a Safety Coordinator for the safest construction company in California, Rudolph and Sletten. During
that time, he worked on several hospital projects
including a Kaiser MOB which cleared over 1,000 days
with no injuries. When James completed his OSHA
500, he moved up as a Safety Manager, then on to Duall Safety when he completed his CSHO (Certified Safety and Health Officer). Mr. Powers is very
passionate about safety and has a strong desire to use
his experience to help everyone achieve a safe and
successful career.

A big part of safety is being able to predict, identify and mitigate hazards. James is very good at this due
to his experience and knowledge. Mr. Powers leads
by example and makes corrections before they
become a problem. James ensures that instructors
and subject matter specialist perform as expected at
clients he manages or assists in managing.
1167
Experience
Education and Certifications
Columbia Southern – BS
Chabot – Las Positas Community College – CSHO (Certified Safety and Health Officer), Electrical Safety, Trenching Shoring and Excavation safety, Fall Protection Safety, HAZWOPER 40 hr., OSHA 500, OSHA 30 hr., OSHA 510, Permit Required Confined Space, Ergonomics Account Manager and Assistant Account Manager
July 2023 - Present
Assistant Account Manager and Account Manager for Du-All Safety.

Managing or assisting in managing accounts with City of Davis Public Works, City of Fairfield Public Works, City of Richmond and City of Yuba City Public Works, Water Treatment and Wastewater Treatment Plants. Scheduling and conducting safety training, scheduling, and conducting safety inspections of facilities, scheduling and conducting safety committee meetings, developing written safety programs specific to clients, including lockout/tagout equipment specific written procedures, conducting noise level surveys to be included in hearing conservation programs for clients.

Conducting safety inspections and safety training at other Du-All Safety clients when requested by account managers.

Safety Manager
January 2015 – June 2023
Safety Manager – Rudolph and Sletten
Responsibilities: Preparing safety committee meeting agendas, conducting/attending safety meetings, performing safety inspection audits, facilitating, and scheduling required safety trainings, coordinate safety plan of action with colleagues, ensure safety plan of actions being followed, identifying safety shortfalls and develop plan of actions to resolve them, Identify jobsite safety hazards and issues, work to resolve them.

References
Superintendent, Louie Cimo 707-396-1044
Superintendent, Nick Martin 209-275-2507
Superintendent, Brent Newcom 916-521-5089
Account Manager Du-All Safety, James Thomas 530-570
1168
Logan Dulaney
EH&S Specialist
910-987-2479
[email protected]
B.Sc., Environmental & Occupational
Management, 2017
Methodist University, Fayetteville, NC
Heat and Cold Illness Prevention
Summer Safety
Emergency Action Plans
Fire Extinguisher
Accident Investigation
Driver Safety
Lone Worker Safety
Chainsaw Safety
Bloodborne Pathogens and Aerosol
Transmissible Diseases
Workplace Violence
Injury and Illness Prevention Programs
Hazard Communication
Hazardous Waste Management
Personal Protective Equipment
Back Safety and Ergonomics
COVID-19
Job Hazard Analysis
Work Site Safety Inspections
Program Development
Environmental Management
Logan Dulaney has 6 years of training experience in the civilian fields and has been working with Du-All Safety as of May 1, 2023. His specialty is developing strong
safety programs to meet federal, state, and local
regulations. He has specific expertise in several fields including the development and application of
environmental compliance programs.

Along with developing strong rapports while working
with clients, Logan delivers effective individualized
training, to ensure the employees take home the
knowledge that will keep them safe.

In addition to his teaching and management
experience, Mr. Dulaney conducts facility inspections to ensure they meet Cal/OSHA, OSHA, & Health/Fire
Code standards.

Mr. Dulaney maintains a competent understanding of
health and safety requirements promulgated by CalOSHA and California Health & Safety Code regulations. 1169
Logan Dulaney Page 2
Experience
Contract Utility Forester for Duke Energy
Duke Energy Florida: Southern, & Coastal Regions
Conducted inspections in remote locations determining tree work needs for transmission lines. Performed safety inspections on tree crews ensuring company policy compliance as well as OSHA & ANZI compliance. Enforced policies & provided on-site coaching & corrective action. He was the primary trainer for all new employees on the contract. Mr. Dulaney also headed the special equipment team’s logistics & safety during disaster response, as well as aerial damage assessment. Notable storms worked: Hurricane Michael (CAT 5, 2018), Hurricane Florence (CAT 4, 2018) Refusal Specialist (Contract Utility Forester for PG&E) PG&E San Jose Region
During his time providing services for PG&E, Logan was the Refusal Specialist for the San Jose region.

On top of conducting distribution line inspections, & being the primary trainer for new employees, he was sent to work with any disgruntled &/or aggressive customers. This consisted of de-escalation in all cases, and conflict resolution. Mr. Dulaney had a 100% success rate, never needing to cut power as a forceful last resort.

Health and Safety Compliance Management
Multiple Private and Public Facilities in California
Operations included developing job safety assessments and hazard analysis, development of written programs and procedures in the areas of exposure to bloodborne pathogens, Heat Illness, IIPP, SPCC, SWPPP & emergency evacuation. Manages the delegation of environmental issues including hazardous waste, wastewater, storm water, general hazardous material management and safety issues as they pertained to Cal/OSHA.

Safety Program Development
City of Campbell, California
Mr. Dulaney developed the safety program to meet all relevant aspects of Title 8 of the California Code of Regulations to ensure that all employees and management were protected during all tasks and hazards associated with city operations.

Cleanroom, Pharmacy, & Laboratory Certification
Silicon Valley Bay Area
Performed detailed analysis of cleanrooms, pharmacies, laboratories & all the safety equipment within, across the SF bay area. This included particle counting, airflow visualization studies, airflow velocity profiles, HEPA integrity testing, viable sampling, & equipment maintenance, calibration, & certification. All in accordance to the appropriate standards: Cal/OSHA Title 8, USP 797/800, EU Annex A, USP 1116, IEST RP CC 002, IEST RP CC 006, IEST-34, ISO 14644-1, NSF/ANZI 49. 1170

APPENDIX B

ORGANIZATION STRUCTURE
1171
Terry McCarthy
President
Richard DeBusk
Director of General
Industry
Jim Thomas
Sr. Safety Specialist
James Powers
Safety Specialist
Paul Loscavio
Safety Specialist
Jose Mora
Construction
Director
Fritz Garcia
Compliance Specialist
Briana Lipka
Environmental
Director
Logan Dulaney
EH&S Specialist
Steven Pierre
General Manager
Michael Connelly
Chief Operating
Officer
Jennifer Thomas
Office Manager
Megan McCarthy
Administrative
Assistant
Henry Fockler
Sr. Safety Specialist
Jon LaCommare
Sr. Safety Specialist
Eric Fujiwara
Safety Specialist
Luis Canales
IT/ Safety Specialist
Ron Gordon
Safety Specialist
1172

APPENDIX C

PUBLIC AGENCY REFERENCES
1173
Public Agency References
City of Richmond
Client Work Performed Logo
Las Gallinas Valley
Sanitary District
300 Smith Ranch Road
San Rafael, CA 94903
Contact: Greg Pease
[email protected]
(415) 472-1734
2008-Current
Developed and implemented all
written EH&S programs for the
District, conduct monthly safety
training, provide all environmental
permits, conducts regular site safety
inspections.

City of Yuba City
701 Northgate
Yuba City, CA 95991
Contact: Kevin Bradford
[email protected]
(530) 822-4637
2006-Current
Developed and implemented all
written EH&S programs for the
Public Works including; Parks,
Fleet, Water, and Wastewater
treatment plant. We conduct
monthly safety training, provide
all environmental permits;
conducts monthly safety
committee meetings and
conduct regular site safety
inspections.

City of Oakland
250 Frank H. Ogawa Plaza
Suite 4314
Oakland, CA 94612
Contact: Greg Elliot
[email protected]
(510) 238-4993
2005-Current
Developed and implemented all
written EH&S programs for the
Public Works Department, conduct
monthly safety training, provide all
environmental permits, conducts
monthly safety committee meetings
and conduct regular site safety
inspections.

Alameda County General
Services Agency
1401 Lakeside Drive 10th floor
Oakland, CA 94612
Contact: Doug Bond
[email protected]
(510) 208-9700
2000- Current
Developed and implemented all
written EH&S programs for the
General Services Agency. Conducts
regular safety training, assistance with
permits and conducts monthly safety
committee meetings and regular site
safety inspections.

1174
Municipality Clients
Below is a partial list of Du-All Safety municipality clients.

City of Alameda
Alameda County GSA
Alameda County Fire Department
Alameda County Public Works
City of Antioch
City of Benicia
City of Berkeley
City of Brisbane
California City
Carmel-by-the-Sea
City of Ceres
City of Concord
Town of Danville
City of Davis
City of East Palo Alto
EBMUD
City of Fairfield
City of Fremont
City of Gilroy
City of Hayward
Town of Hillsborough
City of Hollister
Las Gallinas Valley Sanitary District
City of Lathrop
City of Livermore
City of Lodi
Marin Municipal Water District
1175
City of Menlo Park
City of Millbrae
City of Milpitas
City of Modesto
City of Monterey
City of Morgan Hill
City of Napa
City of Oakland
City of Pacifica
City of Palo Alto
City of Pleasant Hill
City of Pleasanton
City of Redwood City
City of Richmond
City of Riverbank
City of San Carlos
City of San Leandro
City of San Mateo
Santa Clara County
City of Santa Clara
City of Saratoga
Sausalito-Marin City Sanitary District
City of Scotts Valley
City of Sonoma
City of South San Francisco
City of Sunnyvale
City of Tracy
City of Union City
City of Watsonville
1176

APPENDIX D

SAMPLE INSPECTION REPORT

AND SAMPLE TRAINING PLAN OF ACTION
1177
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

City of Richmond
Plunge Swim Center
Inspection Findings
Date of Inspection: 2/1/2024
Locations Inspected: Plunge Swim Center
Point(s) of Contact: Ranjana Maharaj and Carl Capistrano Inspected By: Jim Thomas, Du-All Safety
In accordance with the City of Richmond’s desire to maintain a safe work environment, a safety inspection was performed of the location(s) listed above. Areas in noncompliance have been indicated and a photo of the hazard may also be included. Items reported may not be in compliance with the City of Richmond’s Injury and Illness Prevention Program, safety regulations enforced by Cal/OSHA, or are recommended best management practices. These conditions require corrective action to provide a safe and healthful workplace for employees.

The inspection table on the following pages can be used to track the hazard corrections for each finding. Initial the box and note the date the hazard was corrected.

This report is based upon the information, conditions, and practices observed and provided at the time of the visit. This report does not include a review of the safety programs, policies, permits, or employee training. This report is not an engineering study, nor is there any review of the structural integrity of facilities, constructed fixtures, or equipment provided. This report may not identify all hazards or unsafe practices or to indicate other hazards or unsafe practices do not exist. It is the management’s responsibility to conduct periodic inspections and correct unsafe conditions in a timely manner. This inspection and any recommendations made are designed to assist the City of Richmond in the management of their own safety/environmental responsibilities. Du-All Safety assumes no responsibility for the control or correction of conditions or practices existing within the City of Richmond facility.

As this report is based on observations at the time of inspection and materials, facilities, and conditions change, this report is valid for 30 days.
1178
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

See the bottom of each page for an explanation of the Risk Codes. 1179
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Item Hazard Identified Risk
Code
Date
Corrected
Assigned
To Initials
General

1. Work to resolve newly identified items and the
32 previously identified items. Very little
progress with resolving identified items was
observed. Failure to resolve/mitigate identified
hazards in a timely manner is a liability for the
City of Richmond.

N/A
Front Office

2. Maintain adequate walkways free of
obstructions and tripping hazards. Maintain a
minimum 24-inch-wide walkways and protect
wires from damage.
2 3.

Install a soft bridge or other suitable device to
protect the electrical wire from damage and
from being a tripping hazard. See photo
above.
2 1180
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Pool Deck

4. Have the portable fire extinguisher inspected,
serviced, and certified. The pin has been
pulled.

3 Upstairs Employee Room

5. Maintain the microwave oven in a clean and
sanitary condition. Improperly maintained
appliances like microwave ovens can become
the source of a foodborne illness that could
potentially make many employees sick.
2 1181
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

6. Keep the access door secured in the closed
position. Someone climbing the ladder could
potentially hit it when climbing the roof access
ladder.
2 Front Entrance

7. Ensure that the distance from the leading
edge to the dirt in the planter does not exceed
40 inches. At 40 inches elevation safety rails
are required. Several years ago, top soil had
to be added to obtain adequate
measurements.
2 Pump/Machinery Room

8. Properly label all containers of potentially
hazardous substances.
3 1182
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

1183
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

The following items were previously
identified and still need to be resolved. See
Item Column for original finding date and
original item number.

Item Hazard Identified Risk
Code
Date
Corrected
Assigned
To Initials
General
4/13/2018
#1.

Ensure that the fire suppression sprinkler
systems are inspected and current. Unable to
determine if the five-year certification is up to
date. Picture is from the 2/2024 inspection.
2 4/13/2018
#3.

Properly secure all shelving, cabinets, lockers
and other items 5 feet high or higher from
tipping or falling. Pictures are from the 2/2024
inspection.

2 4/13/2018
#4.

Test, inspect and maintain all illuminated exit
signs and emergency lights. Several of the
emergency lights did not work when tested.

Picture is from the 2/16/2023 inspection.
2 1184
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

5/17/2019
#3.

Ensure that all portable fire extinguishers are
identified by a sign, sticker or placard as
required. Most were identified and some were
not. Picture is from the 2/2024 inspection.
3 4/14/2020
#2.

Ensure that only the items identified by the
City of Richmond are being provided. If items
differ from the authorized items provide a letter
from a licensed healthcare provider that
indicates the items are authorized.

Recommend participating in the existing
contract that the rest of the City is using for 1st
aid supplies.
2 4/14/2020
#3.

Replace expired items in 1st aid kits. Pictures
are from the 2/2024 inspection.
2 1185
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/22/2022
#2.

Conduct and document required monthly
inspections of portable fire extinguishers.

Picture is from the 2/2024 inspection.
3 2/16/2023
#2.

Ensure that all backflow prevention devices at
this facility have been inspected and certified
as required. The device in the
pump/machinery room was leaking, this is an
indication that it has failed. Employee present
indicated that the company that tests the
valves is aware of the situation and plans to
repair/replace the device soon. 2/2024
inspection note: Unable to verify all devices
were inspected and certified as required.

Picture is from the 2/2024 inspection.
2 1186
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/16/2023
#3.

Recommend having the Fire Marshal inspect
the facility to ensure adequate exits and
egresses are available. The areas outside of
the west egress doors appear to be very
narrow. 2/2024 inspection note: Unable to
verify at the time of the inspection. Pictures
are from the 2/2024 inspection.

2 Roof Access Ladders
4/14/2020
#8.

Post signs by the roof access ladders
indicating that they are only to be used by
authorized personnel.
2 Public Area Behind The Facility
5/17/2019
#5.

Label the valve pit and sump as permit
required confined spaces and treat them
accordingly. Picture is from the 2/2024
inspection.
2 1187
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Pump/Machinery Room
4/4/2017
#11.

Install a guard in the small storage closet on
the N/E corner of the room. Milt recommended
installing a modern fixture or removing the
existing one as the closet is very small. Picture
is from the 2/2024 inspection.
2 2/4/2021
#9.

Maintain required 36 inches of clearance in
front of and 18 inches to the side of electrical
panels. Picture is from the 2/2024 inspection.
2 2/4/2021
#10.

Properly label the day tank. Picture is from the
2/2024 inspection.
3 1188
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/22/2022
#4.

Post a sign indicated low head room at the
entrance to the new parts storage area.

Picture is from the 2/2024 inspection.
2 2/16/2023
#4.

Properly label all access points to permit
required confined spaces. Some are labeled
and some are not. The resent updates to the
confined space program and plans to begin
conducting entries make this an issue. Picture
is from the 2/2024 inspection. 3
2/16/2023
#5.

Properly discard the old 1st aid kit. Many items
do not have expiration dates and some items
contained in the kit are prohibited. This was
discussed in detail at the time of the
inspection. Picture is from the 2/2024
inspection.
2 1189
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/16/2023
#6.

Ensure that the Lockout/Tagout equipment
specific written procedures have been updated
to cover the new water heaters.
2 Janitors Closet
4/4/2017
#17.

Repair or replace the shelving unit. The
shelving unit is leaning. Picture is from the
2/2024 inspection.
2 4/4/2017
#18.

Replace the electrical plug on the vacuum
cleaner as the ground prong is missing.

Pictures are from the 2/2024 inspection.
2 1190
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/16/2023
#17.

Keep containers of chemicals closed as
required. One open container was observed.

Picture is from the 2/2024 inspection.
2 Upstairs Observation Deck
2/16/2023
#15.

Discontinue use of the electrical extension
cord in excess of 30 days. Install adequate
electrical outlets or use an authorized
electrical power strip with a cord that is long
enough. Pictures are from the 2/2024
inspection.
3 2/16/2023
#16.

Install adequate soft bridges on the electrical
cords to protect them from damage and from
being a tripping hazard. See photo above.
2 1191
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Upstairs Employee Room
2/16/2023
#12.

Maintain the areas near the roof access
ladders free of obstructions that could
potentially impede anyone using them. 2/2024
inspection note: Discontinue placing items
behind the ladder too. Anything that could
potentially interfere with someone using the
ladder is prohibited. Picture is from the 2/2024
inspection.
2 Fenced Utility Area Behind Facility
4/14/2020
#4.

Maintain required 36 inches of clearance in
front of and 18 inches to the side of electrical
panels. See picture below.
2 4/13/2018
#8.

Maintain adequate walkways that are free of
obstructions and tripping hazards. Picture is
from the 2/2024 inspection.
2 1192
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Outside Walkways
2/16/2023
#19.

Grind or otherwise make transitions, cracks,
and upheavals smooth. The uneven surfaces
are tripping hazards in a public area. Pictures
are from the 2/2024 inspection.
2 Front Door
4/13/2018
#12.

Install the missing bar on the door or remove
the piece of the bracket that has sharp edges.
2/2024 inspection note: Tape was put over the
sharp edges. Picture is from the 2/2024
inspection.
2 1193
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

Pool Deck East Side
3/19/2015.
#6.

Repair or replace the damaged headrest on
the mobility impaired access chair. 4/4/2017
inspection note: The headrest has been
removed and a foam pad installed on the
support arm. Install the headrest as designed.
4/14/2020 inspection note: Both chairs were
observed to have the headrests removed and
foam installed. 2/16/2023 inspection note: The
installed foam is in a position that will not
provide any protection to a person using the
chairs.

Pictures are from the 2/2024 inspection. 2
Pool Deck
2/16/2023
#8.

Maintain unobstructed, immediate access to
all portable fire extinguishers. Picture is from
the 2/2024 inspection.
3 1194
Risk Assessment Class
Class 1 - Critical (may cause death, serious injury, significant environmental impact, or substantial financial losses) and/or is likely to occur soon. Immediate action required.

Class 2 - Serious (may cause injury, occupational illness, or environmental or property damage) and/or probably will occur in time. Initial action within 5 days; Resolution within 30 days.

Class 3 - Minor (probably would not affect personnel or environmental safety or health, but is a violation of specific criteria, or a business continuity concern). 90 days.

2/16/2023
#10.

Repair the out of service exit door. Occupancy
load is determined by available exits. Consult
with the Fire Marshal if this exit is to remain
out of service. Picture is from the 2/2024
inspection.
2 2/16/2023
#11.

Replace the missing cover on the
weatherproof/water resistant electrical outlet.

Picture is from the 2/2024 inspection.
2 Keep one copy of these findings and use a copy as a working correction aid.

Required correction notes include:

1. Who corrected the hazard. 2. The date of the correction. 1195

 2024 Du-All Safety, LLC (510) 651-8289
Safety Plan of Action 2024
Rev. 05/03/2024
Date Safety Activity Facilitator Location &
Time
May,2024
5/1 Safety Committee Meeting Jim Richmond
Room
1:30-2:30
5/1 Heat Illness Prevention Training James 440 CCP
7:30 to 9:00,
9:15 – 10:45
TBD Safety Inspections As Per Tracking Log Jim/James TBD 5/6 Begin Workplace Violence Program Development Jim N/A TBD De-Escalation Training Paul TBD
TBD Mindfulness Safety Paul TBD
TBD 1
st Aid/CPR Paul TBD
Jun,2024
6/5 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
6/5 Portable Fire Extinguisher James 440 CCP
7:30 -8:30,
8:45-9:45,
6/5 Employee Emergency Action Plan Training James 10:00-11:30 TBD Safety Inspections As Per Tracking Log Jim/James TBD 6/7 Finalize Workplace Violence Program Development Jim N/A TBD De-Escalation Training Paul TBD
TBD Workplace Violence Training TBD TBD
1196

 2024 Du-All Safety, LLC (510) 651-8289
6/5 Begin Review And Update Of Hearing Conservation
Program Including Noise Level Surveys
Jim/James Various
Jul,2024
N/A No S/C meeting in July N/A N/A N/A
TBD Safety Inspections As Per Tracking Log Jim/James TBD TBD Workplace Violence Training N/A
De-Escalation Training Paul TBD
7/11 1
st Aid/CPR Paul TBD
TBD Mindfulness Safety Paul TBD
TBD Woodchipper & Chainsaw Safety: Henry TBD
7:30-2:00
7/3 Continue Review And Update Of Hearing Conservation
Program Including Noise Level Surveys
Jim/James Various
Aug,2024
8/7 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD 8/7 Finalize Review And Update Of Hearing Conservation
Program Including Noise Level Surveys
Jim/James Various
8/27 HazWOPER 8 Hour Operational Logan 440 CCP
7:00-3:00
8/28 HazWOPER 8 Hour Operational Logan 440 CCP
7:00-3:00
8/29 HazWOPER 8 Hour Operational Logan 440 CCP
7:00-3:00
8/7 Begin Review And Update Bloodborne Pathogens
Program
Jim Various
Sep, 2024
1197

 2024 Du-All Safety, LLC (510) 651-8289
9/4 Safety Committee Meeting Jim/James 1:30-2:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD 9/4 Hazardous Waste with treated wood element Logan 440 CCP 7:30 -11:30
12:00-4:00
9/5 1
st Aid/CPR Paul TBD
9/30 HazWOPER 8 Hour Operational Logan 440 CCP
7:00-3:00
9/4 Finalize Review And Update Bloodborne Pathogens
Program
Jim Various
Oct, 2024
10/2 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
10/2 Forklift Training James 7:30-12:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD TBD Begin Review And Update Lockout/Tagout Program James Various 10/2 Begin Review Of LoTo Equipment Specific Written
Procedures
CoR Various
Nov, 2024
11/6 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
11/6 Lockout/Tagout Program Training James 7:30-9:00
9:15-10:45
TBD Safety Inspections As Per Tracking Log Jim/James TBD 11/5 1
st Aid/CPR Paul TBD
11/6 Finalize Review And Update Lockout/Tagout Program James N/A 11/6 Finalize Review Of LoTo Equipment Specific Written CoR N/A 1198

 2024 Du-All Safety, LLC (510) 651-8289
Procedures
11/6 Draft Annual Review Letters For LoTo Equipment
Specific Written Procedures
CoR
James
N/A
11/6 Begin Review And Update Hot Work Program James N/A Dec, 2024
12/4 Safety Committee Meeting James Richmond
Room
1:30-2:30
12/4 Railroad Safety Training Henry 7;30-9:30
9:45:11:45
TBD Homeless Camp Cleanup TBD 7:30-11:30
12/4 Begin Review And Update Respiratory Protection
Program
Henry N/A
12/4 Complete Annual Review Of Effectiveness Of
Respiratory Protection Program. Complete
Documentation By Each Department Using Respirators
CoR
Henry
Various
TBD Safety Inspections As Per Tracking Log Jim/James TBD 12/4 Finalize Review And Update Hot Work Program James Various 12/4 Begin Review And Update Personal Protective
Equipment Program
TBD Various
Jan, 2025
N/A No Safety Committee Meeting Jan Jim/James Richmond
Room
1:30-2:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD 1/8 Finalize Respiratory Protection Program Update Henry N/A TBD 1
st Aid/CPR Paul TBD
1/27
1/29
Hot Work James 440 CCP
7:00-8:15
1199

 2024 Du-All Safety, LLC (510) 651-8289
1/27
1/29
Portable Fire Extinguisher
Personal Protective Equipment
James 440 CCP
8:30-9:30
1/27
1/29
Hazard Communications James 440 CCP
11:00-12:00
1/27
1/29
Respiratory Protection James 440 CCP
12:30-2:45
1/29
1/29
Back/Lifting James 440 CCP
7:00-8:15
1/28
1/30
Hearing Conservation James 440 CCP
8:30-9:30
1/28
1/30
Heat Illness Prevention James 440 CCP
9:45-10:45
1/28
1/30
Bloodborne Pathogens James 440 CCP
11:00-12:00
1/28
1/30
Portable Ladder James 440 CCP
12:30-1:30
1/28
1/30
Crystaline Silica James 440 CCP
1:45-3:00
1/28
1/30
Finalize Review And Update Personal Protective
Equipment Program
TBD Various
1/2 Begin Review And Update Fall Protection Program
Including Assessments
TBD Various
Feb, 2025
2/5 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD TBD Aerial Lift/Bucket Truck W/Fall Protection TBD 7:30-2:00 N/A Continue Review And Update Fall Protection Program TBD Various 1200

 2024 Du-All Safety, LLC (510) 651-8289
Including Assessments
Mar, 2025
3/5 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
TBD Safety Inspections As Per Tracking Log Jim/James TBD 3/5 Traffic Control/Flagger James 440 CCV
7:30-2:30
TBD 1
st Aid/CPR Paul TBD
3/5 Finalize Review And Update Fall Protection Program TBD Various 3/5 Begin Review And Update Hazard Communication
Program
Logan Various
Apr, 2025
4/2 Safety Committee Meeting Jim/James Richmond
Room
1:30-2:30
TBD Safety Inspections As Per Tracking Log James TBD
4/2 Finalize Review And Update Hazard Communication
Program
Logan Various
4/2 Fall Protection Competent Person Henry 7:30-2:30
4/2 Begin Drafting Annual Plan Of Action James N/A
1201

APPENDIX E

SAMPLE SAFETY ARTICLE
1202
Safety Update
November 2023
OSHA Intensifies Silica Safety Measures
In a recent development, OSHA has launched a rigorous enforcement initiative aimed at strengthening health and safety standards for respirable crystalline silica (RCS) exposure within stone cutting, fabrication, and installation industries. The 1203
workplaces. High-concentration areas will see increased inspections. OSHA's new RCS enforcement plan focuses on comprehensive RCS hazard assessments during inspections, encompassing tasks like stone cutting, finishing, and material handling.

The memo outlines applicable OSHA standards and warns of expanded inspections should additional safety hazards be identified. Employers are encouraged to invest in silica safety training to ensure compliance and safeguard worker health. Contact us at Du-All Safety to set up your training today!
Stay informed and prioritize safety!
Significant Changes to the 2024 IATA DGR
Get ready for some major changes in the world of air transport! Starting January 1, 2024, the IATA Dangerous Goods Regulation (DGR) will see significant modifications.

These revisions are set to include the introduction of water capacity limits for nonrefillable cylinders containing flammable gas, clearer guidelines for marking overpacks with dry ice, and a reference to "equipment" in IATA PI 952. Additionally, the updated regulations will provide greater clarity on UN specification marks for dangerous goods packages and emphasize that there's no need to display inner packaging details within combination packaging on the Shippers' Declaration. Expect updates to state and operator variations, as well as limitations on dangerous goods carried by airline passengers or crew.

Contact us!
Click here to read more about the new 2024 IATA DGR standards 1204
Hazardous Waste Regulation Violation
Fine Increases Significantly in 2024
Important news from the Department of Toxic Substances Control (DTSC)! They've unveiled innovative concepts to revamp California's Code of Regulations, Title 22 (22 CCR), Sections 66272.60-66272.69, concerning the assessment of administrative penalties for hazardous waste control law violations. These concepts aim to ensure consistency in penalty assessments and prioritize robust enforcement against serious offenders in communities facing environmental challenges. Stakeholder feedback has been crucial, leading to a focus on clarity, transparency, well-defined penalties, increased fines for severe and repeated violations, and reduced penalties for small businesses.

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Robots to the Rescue: Cleaning Lake Tahoe's
Depths
Lake Tahoe's trash problem is getting a high-tech solution, thanks to the Restoring the Lake Depths Foundation. While local nonprofit Clean Up the Lake has made strides in pulling over 61,000 pounds of debris from the lake since 2018, depths beyond scuba divers' reach have remained a challenge. Enter the foundation, using a deep-water robot to extract refuse from the lake's depths. In summer 2023 alone, they hauled nearly 5 tons of hazardous materials, including lead-laden alcohol bottles and discarded drones.

The presence of toxic chemicals like lead and copper in the lake poses risks to human health and marine life. The foundation plans to introduce a second robot for even deeper clean-up as soon as a long enough tether is secured. Their efforts extend to other lakes in winter, and they're enhancing their robots' recognition skills with AI. An amazing initiative to safeguard Lake Tahoe's pristine beauty! Winter Road Safety
Are you and your car winter road ready? Take a minute to read these winter safety tips! Click here to read more!
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Also check the date-code located on the side of the tire. It shouldn't be older than three years to achieve the rated performance value.

Ensure that your windshield wiper blades are good and have been changed within the past two years.

Please drive safe.

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45950 Hotchkiss St 1207

July 2, 2024
Human Resources
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager – Internal Services Sharrone Taylor, Director of Human Resources
Subject: Agreement with George Hills Company, Inc.

FINANCIAL IMPACT: The total fiscal impact is $220,000 per fiscal year for the next three fiscal years (FY 24-25, FY 25-26, FY 26-27)
for a total not to exceed $660,000 ($220,000 per fiscal year) with two optional one-year extensions at the rate of $220,00 per year. The expenditure is budgeted in the FY 24-25 budget and will be budgeted in future fiscal years at the appropriate amount.

PREVIOUS COUNCIL
ACTION:

Not applicable

STATEMENT OF THE
ISSUE:

The City Council’s approval is required for the three-year contractual agreement with Geroge Hills Company, Inc.,
which includes an optional two-year extension.

RECOMMENDED ACTION: APPROVE a three-year (Fiscal Year 24-25 – Fiscal Year 26-27) contract with two optional one year extensions
with George Hills Company, Inc. to provide third-party
administration of general liability claims received by the City in an amount not to exceed $ 660,000 – Human
AGENDA
REPORT
1208

July 2, 2024
Resources Department (Nickie Mastay 510-620-6609/
Sharrone Taylor 510-620-6803).

DISCUSSION:

The City's general liability insurance program has a Self-Insurance Retention (SIR) of $750,000. Subsequently, the City participates in a pooled insurance program with the California Joint Powers Risk Management Authority (CJPRMA). The selection of a claimsadjusting firm or third-party administrator (TPA) is the responsibility of the City.

In May 2024, staff issued a Request for Proposals for a third party claims administrator.

During the evaluation of the proposals, staff considered six factors delineated below:
 Ability to provide all services outlined in the Request for Proposal  Cost of services
 Record of performance, including control of costs, quality of work, and completion of tasks promptly.
 Experience of the firm and expertise of its personnel assigned to the City’s account in providing services.
 Concept and proposed solutions, including responsiveness to the RFP, completeness, and thoroughness of the proposal
 Additional services available from firms that are deemed to be of benefit to the City The city received two proposals, George Hills Company, Inc. (the incumbent) and Carl Warren and Company, both reputable firms in the industry. A board of three raters convened to review and evaluate the submissions. Their scores were averaged and George Hills Company, Inc. emerged as the top scorer due to their demonstrated competence spread over several benchmarks, including the capability to provide services to the city, robust reporting process, and adequate quality control. Please see rating matrix below:

Vendor Rater 1 Score Rater 2 Score Rater 3 Score Average Score Carl Warren and
Company
83 85 79 83
George Hills
Company, Inc.
91 92 85 89.33
1209

July 2, 2024
RECOOMMENDATION:

Considering the City has been satisfied with the incumbent’s performance over the last several years, staff recommends entering a new three- year contract with George Hills Company, Inc. for $220,000 per year with an option to extend two times for one year per extension.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Request for Proposal (RFP) for general liability claims administration 1210
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Human Resources Sharrone Taylor
[email protected] 510-620-6803
6596 7043
General liability third party administrator services.
7/1/24
660,000
George Hills Company, Inc.

P.O. Box 278
Rancho Cordova, CA 95741
Chris Shaffer
915-859-4826 [email protected]
4001 8218
6/30/27
220,000
220,000
26/27 220,000
25/26
24/25
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See attached Scope of Work for further details.

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
1229
George Hills, City of Richmond RFP
Our minds over your matters — 21
PART 4: SCOPE OF
WORK
1230
George Hills, City of Richmond RFP
Our minds over your matters — 22
PART 4: SCOPE OF WORK
A. Tort Claims Handling

1. George Hills will promptly make a claim file after receipt of the tort claim from the City.

George Hills will investigate claims and incidents which may be the subject of such claim against the City. We will recommend acceptance or rejection of submitted claims.

2. George Hills will provide claims adjusting for liability claims.

3. George Hills will assess and evaluate the nature and extent of each claim, and establish claim reserves for indemnity, medical, and legal expenses.

4. George Hills will ensure timely claims handling, including follow-up with claimants regarding claims issues and processing.

5. George Hills will determine the need for defense representation and monitor litigation activity. We acknowledge that the City Attorney’s Office will select defense and subrogation counsel.

6. George Hills will report claims to the excess insurer, and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements. George Hills will submit requests for reimbursement on behalf of the City to the excess insurer.

7. George Hills will coordinate Medicare and Medicaid set aside agreements in compliance with Section 111 of the MMSEA, including required reporting.

8. George Hills will tender and demand indemnification from responsible persons, agencies, and/or agents in an effort to recover losses suffered by the City from claims filed against the City.

9. George Hills will provide a designated claims adjuster for the City. We acknowledge that the claims adjuster may not be changed without mutual written consent of the City during term of contract.

B. Litigation

1. George Hills will assist with litigation management and support the City in the defense of litigated cases. We acknowledge this may include timely provision of claim files, assisting with investigation and discovery as needed, and advising on defense activities.

2. George Hills will assist and advise on potential exposure and ensure cases are reported to excess carriers as required.

3. George Hills will monitor and track litigation costs and set reserves for indemnity, medical, and legal expenses with input from the City and defense counsel. We acknowledge this may also include providing data and information relating to incurred litigation costs to the City and its excess carrier as required.

C. Financial Accounting

1. George Hills will maintain a trust fund for the purpose of paying expenses for claims.

The amount that will be maintained in the trust fund shall be determined by the parties and confirmed in writing.
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2. George Hills will provide to the City a copy of all checks, vouchers, or warrants drawn by George Hills to pay benefits on City claims.

3. George Hills will provide a monthly check/voucher register of all transactions made for the period.

4. George Hills acknowledges the City’s right to conduct a financial audit of the trust account to ensure the integrity of the account.

D. Data Products

1. George Hills will provide a computerized loss run and summary report each month covering activity on all newly reported, open, and newly closed claims for the period.

This report will be customized for the City’s needs and will provide the following by claim year:
a. Monthly listing of open claims by date of loss, department, location, and alpha by name showing expense categories, reserves, and total incurred. b. Various responsive reports on demand, at no additional charge, such as claim frequency reports, i.e., by cause, site, department, etc. c. Provide monthly claim summary reports, within 15 days of month end.

2. George Hills will provide loss run data and required reports for actuarial, auditing, and reserve analysis purposes.

3. George Hills’ software systems will be Windows-based, available 24 hours/day, 7 days/week, and able to provide email exchanges.

4. George Hills will provide a report writer function for City staff to design customized ad hoc and standard reports to be printed at City offices, as well as training on usage of report writer function.

5. George Hills will transfer all current and past loss data from SIMS to our software system.

6. George Hills will provide compliance with required reporting requirements for liability (including self-insurance) under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).

7. George Hills will provide training, support, and software access to the City’s Risk Manager to look up claim information and data as required, and to run reports as needed.

E. Additional Services

1. George Hills acknowledges claim adjuster attendance at hearings, settlement conferences, conferences with defense counsel, small claims court proceedings, meetings with City staff, and departments when required.

2. George Hills acknowledges the importance of communication – written, oral, and in person – with City staff by the Claims Adjuster.

3. George Hills acknowledges that all records, files, transcripts, computer tapes, and other materials on claims adjusting activity developed on the City of Richmond claims is the property of the City of Richmond and must be relinquished in good order and condition upon termination of this contract with the adjusting firm. The City shall not be required to pay any additional cost for the transfer of files to the City. 1232
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4. George Hills will attend all meetings with City Staff as requested.

5. George Hills will be available for file audit checks by the City when requested.

6. George Hills will cooperate with file and program audits with City designated auditors.

7. George Hills will be available to respond, potentially upon short notice, to a major emergency or catastrophe involving potential claims.

8. George Hills will provide a monthly claims diary of all open files and enter review notes on the claim reporting system.

9. Upon request, George Hills will provide training to City managers and supervisors on general liability issues, loss control, management responsibility, and practices to improve reduction of filed claims.

10. George Hills will provide internet email communications for the designated claims adjuster to City staff.

11. George Hills will provide an administrative manual on claims processing.

12. If available, George Hills will provide loss control, investigative services (Sub-rosa, fraud investigation), specialized training or workshops, including additional costs for such services.
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PART 7: FEES
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PART 7: FEES
A. FEE STRUCTURE
Adjusting Services Fees – Options
Option A1: Time and Expense – George Hills believes, as in the legal field, services surrounding claims and potential litigation are best captured by directed effort. In this case, the client only pays for the services requested. In a time and expense environment, George Hills applies its best practice approach to all claims; unless the client adjusts, restricts, or expands such services. A general administrative file will be established and maintained to track effort related to services necessary to fulfill our contractual obligations not otherwise associated with a claim.

Time and Expense for Adjusting Services
Supervisor $131/hour
Adjuster $105/hour
Claims Processing $86/hour
Option A2: Time and Expense with a Cap – George Hills believes that this can be the best of both worlds. This pricing model allows for the realities of the unknown to dictate service results but retains some budget certainty. The cap will always be more than the fixed fee to protect the unknown, but often can result in less cost too. The cap is a movable target and should be adjusted annually until the services and relationship have settled.

The above hourly rates by position are the same for both options A1 and A2. The only difference shall be that George Hills will commit to an annual maximum fee for adjusting services for option A2, in the amount of $220,000. Please note that the catastrophic pricing is applicable, and therefore outside of the annual maximum fee.

All fee options are subject to the Annual Fee Escalator described below.

Option B: Fixed Fee – George Hills believes this is a workable solution for public agencies seeking budget certainty. Unfortunately, it has its challenges. First, every other significant component of a claim (settlement and legal fees) is not predictable and as such, making the adjusted costs fixed will ensure that 100 percent of the time the fee will be wrong. Secondly, the result could be that the client is receiving far more resources than they are paying for, or the client is paying for far more resources than they are receiving in services on any one claim. Either outcome is wrong.

In this environment, George Hills makes every effort to be resource-sensitive in applying our best practices to ensure we balance the economics. No matter what, we put forth the right effort to resolve the claim. We do, however, adjust our clients’ fees that can and should be adjusted to meet our clients’ budget goals.

George Hills has developed a hybrid Fixed Fee Proposal. California Public Entities have seen dramatic increases in claims frequency in contrast to pandemic years. As such, we wanted to create a simple fee model that allows for fee adjustments down or up due to claims frequency, as hopefully frequency 1235
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drops back down. Since claims activity is the main indicator for TPAs and the number of resources needed to perform quality services, it is important that adjustments can be made to resources provided and resulting costs for the benefit of the client and TPA.

Our model provides for an assessment of claims frequency twice a year – after six (6) and twelve (12) months. We have established the change must be at least 10% to trigger an adjustment and no more than 25%, as greater than that warrants a contract modification. For the City’s proposal the model would result in an adjustment in the event claims frequency dropped below the current estimate of new claims per year of 165. In the event claims dropped below 149 or increased above 181, an adjustment would automatically occur during the 7th and/or 13th month. The claims base would be adjusted to this new level for future year calculations.

For the City, the financial result would be calculated based on the percentage increase or decrease ranging from 10-25%. For example, if the increase/decrease was 10%, the fee would decrease from $190,000 to $171,000. Conversely, if there was a 10% increase the fee would increase from $190,000 to $209,000.

Fixed Fee
Fixed Fee—Claims Only $190,000
GENERAL ADMINISTRATIVE FEES – ADDITIONAL TO ADJUSTING FEES Fixed Fee and Cap pricing will be based on the current average. Should the claim volume change more than 10% in severity or frequency in a year, we request a reevaluation of our pricing agreement.

General Administrative Fee Section – Applicable to each fee option.

One Time Start-Up Fee $0 (waived)
Annual Administration Fee $10,000
Mileage - Adjuster Current IRS Rate
One Time MMSEA Setup Fee (paid to ExamWorks) - if
applicable.

Annual Reporting Fee (paid to ExamWorks)
$300/one-time
$500/year
Adjuster travel expenses for mediations, settlement
conferences, trials; subject to prior approval.

Actual
CXP access fee (up to 5 users) Included
Custom reports, if exceeds three hours and is client
specific
$185/hour
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All fee options are subject to the Annual Fee Escalator described above.

Subrogation
The Subrogation Fee is in the amount of 30% for each recovery obtained. The minimum amount to be paid to GH will be $250 per claim upon recovery. Please note, on most claims George Hills can recover our fee, thus the net cost is zero.

FEE SECTION TERMS
One Time Startup Fee – The process of onboarding a new client covers many areas, from establishing expectations, policies, and procedures, to designing the infrastructure to meet the needs of risk management, council, and department heads. It also involves time and effort in establishing the Trust Account or check writing, W-9, and all federal and state reporting requirements. Most importantly, this process involves the establishment of effective claims triage. Note that this is not time spent on the actual data conversion. As the City of Richmond is a current client, this fee has been waived.

Annual Administration Fee – George Hills has determined it takes a company-wide effort to ensure we exceed the expectations of our clients. As such, we feel it transparent to separately identify and charge for those critical functions that are not directly tied to claims handling. We include an annual administration fee, which covers the following activities:
x Claims Management Information System (CMIS) services and reports x Access to CMIS and training
x Monthly listing of open claims, showing expense categories, reserves, and total incurred x Monthly claim summary reports
x Monthly hours and claims data detail for billing
x Providing loss run data and required reports
x Access to GH Client Portal
x Providing annual reports to outside agencies
x Filing of regulatory reports, such as 1099s, W-9s, etc. x Trust Account
x Establishment and maintenance of a trust account to pay indemnity and expenses that may be due on claims; the amount to be maintained in the trust account shall be determined by the City. If the trust account is set up with the GH preferred bank (California Bank and Trust), then George Hills covers the cost of Positive Pay and Payee Match.

Allocated File Expenses (see attached details) At cost
Conversion Fee (waived if client for 5 years, see below “Conversion Fees”)
See Notes below
Storage – if applicable TBD – Actual cost
Catastrophic Pricing Current hourly rate
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o If the City prefers an alternate bank, there may be an additional setup fee, as other banks’ processes can be extraordinarily time consuming. x New bank account setup, including signature cards, test checks, online access, and setup of bank in CXP
x Discussion and agreement on the approval process
x Preparation of W-9s
x Processing of checks weekly
x Submission of positive pay (if applicable) and monitoring of positive pay (review of daily emails from bank for exceptions)
x Maintenance of a copy of all checks drawn by George Hills to pay claims and claims-related expenses
x Monitoring of account balance, preparation of replenishment requests as needed (custom requests for each client’s needs)
x Monthly bank reconciliation (prepared and sent to the City) x Payment of invoices that are pass-throughs, such as invoices for medical record copies, ExamWorks, etc.
x Certificates of insurance as required by the Contract x Annual service
x Response to outside financial auditors
x Provision of reports to the City’s actuaries and claims auditors x Submission of GH SSAE 16 reports, or the current equivalent x Account Management
Mileage: Adjuster – Mileage is paid at the current IRS rate.

MMSEA – Both the one-time setup fee and the annual reporting feeds to offset fees paid directly to ExamWorks.

Adjuster Travel Expenses – For mediations, settlement conferences, trials, etc.; subject to prior approval and submitted with receipts.

CXP Access Fee – Included in the annual administration fee is the setup and management of five (5) user accounts through our CMIS: CXP.
iMetrics Report Fee – There will be no charge for our iMetrics business intelligence reports with executive in-person debriefs.

Custom Reports – Additional charged for custom reporting are defined as being client-specific and needing a third-party programmer for three (3) hours or more.

Conversion Fees – This fee is intended to cover costs associated with data conversion, transition, and contract closeout. The data conversion fee is dependent on many factors which will need to be discussed. If George Hills is retained for five (5) years, we will entirely absorb the conversion fee. If George Hills is not retained for the full length of the proposed contract, then the client shall be subject to a fee of 20 percent each year not retained, not including shipping, storing, scanning, copying, or otherwise handling open or closed paper claim files (this shall be a separate charge based on the Scope of Work).
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George Hills will charge for any agreed services related to conversion storage, copying, scanning, shipping, and disposal.

Catastrophic Pricing – Applicable only to Fixed Fee and Time And Expense With A Cap Fee agreements. George Hills recognizes that in the event of a catastrophe, additional hours will need to be applied to the handling of such claims. As such, to preserve the quality and efficiency of service for which we are known, George Hills proposes that should a catastrophic event occur resulting in 10 or more claimants or claims from a single occurrence, the client shall be billed at the current hourly rate.

Annual Fee Escalator – The Annual Fixed Fee and all hourly rates shall be adjusted at the beginning of each of the remaining years of the term by the lesser of 5%, or in accordance with the changes in the Consumer Price Index (CPI-U) for all Urban Consumers for the Western Region using the most recently published annual percentage change, but in any event such increase shall not be less than 3%.

Termination Fee – In the event of contract termination, George Hills’ procedures and cost for runoff claims will be billed at the current hourly rate; no charge for historical loss summaries. George Hills believes that the successful transition of claims requires preparation, so we ask for 90 days’ notice if the contract is terminated without cause to facilitate the transition of claims management properly and efficiently.

General File – A general administrative file shall be established and maintained to track effort related to services necessary to fulfill our contractual obligations and not otherwise associated with a claim.

Storage – George Hills will charge for any services related to storage, retrieval, copying, scanning, shipping, and disposal of paper files.

B. ALLOCATED EXPENSES
Typically, allocated expenses are those expenses that are generated by a claim (by outside vendors other than George Hills) that cannot be foreseen nor included in this Contract. These expenses are generally allocated back to the specific claim file for which the cost was incurred and then charged back to the entity whose claim incurred that cost. In most situations these are pass-through costs (with processing fees) for services and/or fees not directly generated by the TPA, but rather by a thirdparty consultant where the TPA has acted as an agent on behalf of the entity to necessarily outsource services to a third-party consultant and/or miscellaneous fees applicable to the specific claim applied by an outside entity, such as a court or copy services. Below, George Hills has provided a nonexhaustive list of typical allocated expenses.

Paid to GH
x CMS reporting costs and fees (ExamWorks)
Paid to Others as Authorized by Client
x Fees of outside counsel for claims in suit, coverage opinions, and litigation, and for representation and hearings or pretrial conferences
x Fees of court reporters
x All court costs, court fees, and court expenses
x Fees for service of process
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x Costs of undercover operatives and detectives (if initially paid by GH) x Costs for employing experts for the preparation of maps, professional photographs, accounting, chemical or physical analysis, or diagrams
x Costs for employing experts for the advice, opinions, or testimony concerning claims under investigation or in litigation for which a declaratory judgement is sought x Costs for independent medical examination or evaluation for rehabilitation x Costs of legal transcripts of testimony taken at coroner’s inquests, or criminal or civil proceeding
x Costs for copies of any public records or medical records x Costs of depositions and court reporting
x Costs and expenses of subrogation (if not George Hills) x Costs of engineers, handwriting experts, or any other type of expert used in the preparation of litigation or used in a one-time basis to resolve disputes x Witness fees and travel expenses
x Costs of photographers and photocopy services (if not George Hills; our costs for this are included in our rate)
x Costs of appraisal fees and expenses not included in flat fee or performed by others x Costs of indexing claimants
x Services performed outside the TPAs normal geographical regions x Costs associated with Medicare Set-Aside analysis and submission of Medicare Conditional Lien negotiation
x Investigation of possible fraud including SIU services and related expenses Any other similar cost, fee, or expense that is not otherwise included in the TPAs service fees that is reasonably chargeable to the investigation, negotiation, settlement, or defense of a claim or loss or to the protection or perfection of the subrogation rights of the entity, including travel related expenses.

Travel Related
Costs of travel related to claims including mileage drive, such as for attendance at inspections, mediations, and trial, shall be allocated to the specific claim and reimbursed to GH based on the actual cost incurred. Mileage shall be reimbursed at the current IRS rated at the time the mileage is traveled. 1240
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OPTIONAL SERVICES
Full In-House Litigation Management – Use of George Hills’ Attorneys Name and Title
Years of
Experience
Role for the Client
Neil Callahan, Esq.

Litigation Manager
25 Serves as a Litigation Manager for several
clients, monitoring counsel, and as a
resource to our claims staff.

Benjamin Oram, Esq.

General Counsel/Litigation
Manager
15 Serves as a Litigation Manager for several
clients, monitoring counsel, and as a
resource to our claims staff.

Cornelius (Neil) Callahan, Esq., Litigation Manager: Mr. Callahan has over 25 years of experience defending public entities on high profile claims in state and federal courts. Mr. Callahan commenced his career practicing law in New York, New Jersey, and Connecticut. In 1999 he began practicing law in California, where he served as lead trial counsel for public entities in the areas of civil rights, police practices, and dangerous condition defense. He has tried multiple cases to jury verdict in both state and federal court having been the lead defense attorney in 13 trials, with 12 defense verdicts. His emphasis has been on defending and advising public entities involved in civil litigation.

Past cases include officer-involved shootings, excessive force, unlawful seizure, dangerous condition, discrimination, and harassment. He is experienced in all aspects of litigation including discovery, depositions, motion practice, arbitrations, administrative hearings, mediations, and trials.

Benjamin Oram, Esq., General Counsel/Litigation Manager: Ben serves as George Hills’ General Counsel/Litigation Manager. He currently serves as a Litigation Manager for several clients, monitoring counsel, and as a resource to our claims staff.

George Hills’ proactive approach is founded on our commitment to the preservation of the City’s assets. Early contact with all involved parties maintains lines of communication and rapport (not only with the insured but also with the claimant); hence, cost-saving opportunities to resolve claims efficiently are more plentiful.

Here is an outline of their role and how it would work for the City:

1. Serve as Litigation Manager (Specifics of the role below) i. Actively manage all watchlist files (parameters of a watchlist to be agreed upon through subsequent discussions)
ii. Manage and supervise all litigated files – claims adjusters will track the nonserious and/or non-active litigated files, with the support of Claims Processors, and report to the City
iii. Accessible to the entire GH adjuster team to advise and instruct as needed

2. Serve as Outside General and Special Counsel – limited basis 1241
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i. Work closely with the City with confidential analysis and problem-solving for managing risk and avoiding unnecessary litigation
ii. Provide immediate access to legal advice to the City, which includes analyzing coverage issues, Public Records Act requests, tort claim handling and strategy, conflicts of interest, oversight of outside litigation counsel, and providing legal opinions on potential and active litigation
iii. Advise on sensitive and political issues/claims

3. Coverage counsel consultation
i. Review and analysis of memorandums of coverage and excess/umbrella policies to address and offer advice and consultation regarding coverage issues ii. Advise on potential changes to all coverage documents iii. Assist City and George Hills staff in interpretation of coverage issues

4. Resource to a broker of record for coverage needs

5. Trial/Mediation/Board Meeting attendance
i. Attend board/executive/coverage/claims meetings (as necessary) ii. Attend trials, mediations, and other court hearings, including appearing before Courts of Appeal as needed
iii. Provide analysis and consultation before, during, and after these significant litigation events – to reduce exposure and maximize opportunities for resolution

6. Legal training and seminars
i. Provide customized seminars and training upon request – to City staff, brokers, members, and GH staff
ii. Subject areas include memorandums of coverage, all aspects of risk management, claims handling and litigation, employment law, and general liability claims iii. Courses are customized to address the client’s specific needs and to work closely with safety and loss staff, defense firms, and others
Rates for Optional Legal Service
Litigation Management $225/hour
This rate is subject to the annual fee escalator.

Please note that George Hills can provide a monthly/annual fixed fee for the above services upon discussion and agreement on level of effort.
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1st Party Subrogation Recovery
George Hills provides subrogation recovery services to many of our clients. In 2013, George Hills created a dedicated Subrogation Recovery Unit to handle recovery opportunities for our clients who have requested or contracted with us for subrogation recovery services. [images]
George Hills has a dedicated team with extensive experience in the public entity environment who handle all 1st party subrogation matters for our clients who choose this service. Below are testimonials from a few of George Hills’ subrogation clients:

PUBLIC ENTITY TESTIMONIAL STATEMENT
Client of
Sacramento
Risk & Loss Control
“We have utilized the George Hills Subrogation unit for several years, and simply put - they get results. They have a wealth of knowledge and expertise. Our 1st and 3rd party claims are always handled promptly and professionally. Partnering with George Hills for subrogation has proven to be a wise decision for our Client.” City of Sacramento
Risk Management
“We are pleased to be partnering with George Hills for our subrogation recovery services. They provide quality staff and services.”
City of Oakley
Kevin Rohani, Public
Works Director/City
Engineer
“The City of Oakley has utilized the services of George Hills Subrogation Team for several years, and we have been very happy with this service and the professional approach that the George Hills Team brings towards the subrogation process. The knowledge and expertise of the George Hills Team has been invaluable for the City of Oakley, and we are very grateful for their great work in resolving our assortment of third-party claims and we are looking to many more years of successful collaboration with the George Hills Team.” City of Redlands
Human
Resources/Risk
Management
“The City of Redlands is always pleased and impressed at the excellent service, attention and professionalism that is used by their claims adjusters. In particular, Tammy Hunt and Vicky Jimenez. They are a pleasure to work with and make the claims recovery process run smoothly and effectively. We are very happy with the results and recovery efforts that they deliver. We highly recommend their services and appreciate the level of excellence that they offer to us as the client.” Quick Stats on George Hills’ Subrogation Recovery Results 2,139 - Average number of subrogation claims handled
yearly
91% - of claims handled result in a Recovery
80% - of claims result in a full recovery (including GH Fees) 84% - of amounts sought for our clients are recovered
Average recovery: $4,239/claim
George Hills’
subrogation recovery
unit has performed
spectacularly,
recovering several
million dollars on
behalf of our clients.
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City of Oakland
Human Resources
Management/Risk
Management Unit
“We have utilized the George Hills Subrogation unit for several years, and they get excellent results. They have a wealth of knowledge and expertise, and their professionalism and prompt attention to our needs is second to none. There’s no better service out there that can beat them, and the rates are below the typical rates offered by other vendors. Our third-party claims are always handled promptly and professionally. Our partnership has proven itself to be the best decision for our City.”
Our standard subrogation fee is 30% of the amount collected, however George Hills has been successful more than 80% of the time collecting our feeds, this equating to recovery essentially free of charge. The minimum amount to be paid to George Hills will be $250 per claim. However, George Hills also has the authority to reject any claim for any reason, dismissing the City of any financial responsibility for rejected claims only.

Generally, no recovery shall be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than a one-year term. Exceptions can be made on a case-by-case basis. If a recovery is agreed to above this amount, the subrogation fee shall be 45%. In the event a payment plan is authorized and entered, the subrogation fee will be based upon the total amount of the lien and will be invoiced to the City.

If authorized, small claims court appearances for recovery of funds will be priced at $150 per appearance.

The benefits of George Hills’ subrogation recovery:
x High-level expertise of subrogation recovery
x Recovery of damages to property, utilities, hazardous material cleanup x Small claims
x Preparation of proof of loss statements
x Claim reporting activity, demand letters, final demand to claimant with suspended license, closing and/or payment transmittal
x Settlements
x File retention
x Development of policy and procedures
x Provision of account manager and lead subrogation adjuster 1244

CITY OF RICHMOND

GENERAL LIABILITY CLAIMS HANDLING AND

ADMINISTRATION
RFP .......................................................................................... Submitted: May 16, 2024 George Hills
PO Box 278, Rancho Cordova, CA 95741
Phone: (916) 859-4800, Fax: (916) 859-4805
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TABLE OF CONTENTS
CITY OF RICHMOND ............................................................................................................ 1 General liabilitY CLAIMS HANDLING AND ADMINISTRATION................................................... 1 Table of Contents ...................................................................................................................... 2 Cover Letter .............................................................................................................................. 4 PART 1: ORGANIZATION OF FIRM .......................................................................................... 7 A. FIRM INFORMATION ..................................................................................................... 7 B. FIRM STRUCTURE .......................................................................................................... 7 C. OFFICERS, PARTNERS, OWNERS ................................................................................... 7 D. RELATIONSHIPS............................................................................................................. 7 E. AUTHORIZED NEGOTIATOR........................................................................................... 7 F. STAFFING ........................................................................................................................ 7 PART 2: STAFFING .................................................................................................................. 9 A. RESUMES & STAFF INFORMATION ............................................................................... 9 B. ADJUSTER ASSIGNMENT AND ROTATION PROCEDURES .......................................... 13 C. ORGANIZATIONAL STRUCTURE .................................................................................. 13 D. CONTRACT ADMINISTRATOR...................................................................................... 14 E. LOCATION .................................................................................................................... 14 F. TRAINING ..................................................................................................................... 15 G. ADJUSTER RETENTION ................................................................................................ 16 PART 3: EXPERIENCE ............................................................................................................ 18 A. PUBLIC ENTITY EXPERIENCE ...................................................................................... 18 B. REFERENCES................................................................................................................. 20 C. PAST CLIENTS .............................................................................................................. 20 PART 4: SCOPE OF WORK ..................................................................................................... 22 PART 5: QUALITY CONTROL PROCEDURES .......................................................................... 26 A. AUDIT CONTROL PROCEDURES .................................................................................. 26 B. SUPERVISOR REVIEW................................................................................................... 26 1246
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C. BUSINESS NATURE OF OTHER ENTITY CLAIMS ......................................................... 27 D. CUSTOMER SERVICE AND QUALITY ASSURANCE ...................................................... 27 PART 6: REPORTS ................................................................................................................. 36 A. SAMPLE REPORTS........................................................................................................ 36 B. COMPUTER SYSTEM..................................................................................................... 36 C. INTERNET SERVICES .................................................................................................... 36 D. MMSEA ......................................................................................................................... 37 PART 7: FEES ........................................................................................................................ 39 A. FEE STRUCTURE ........................................................................................................... 39 FEE SECTION TERMS ........................................................................................................ 41 B. ALLOCATED EXPENSES ................................................................................................ 43 OPTIONAL SERVICES ....................................................................................................... 45 PUBLIC ENTITY .................................................................................................................. 47 TESTIMONIAL STATEMENT ................................................................................................ 47 PART 8: CONTRACTUAL REQUIREMENTS ............................................................................. 50 A. EXCEPTIONS ................................................................................................................ 50 PART 9: INSURANCE COMPLIANCE ...................................................................................... 55 A. EVIDENCE OF INSURANCE REQUIREMENTS .............................................................. 55 PART 10: APPENDICES.......................................................................................................... 57 FORMS .............................................................................................................................. 57 SAMPLE REPORTS ............................................................................................................ 68 SAMPLE PLAN OF ACTION .............................................................................................. 73 RESUMES .......................................................................................................................... 75 SAMPLE CONTRACT ......................................................................................................... 83 1247
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COVER LETTER
May 17, 2024
City of Richmond
Attn: Laura Marquez, Risk Manager
PO Box 4046
450 Civic Center Plaza
Richmond, CA 94804
RE: RFP for General Liability Claims Handling and Administration Dear Ms. Marquez,
As Chief Executive Officer of George Hills, I thank you for the opportunity to submit a proposal for the continuation of our services for the City of Richmond – a long-term relationship we truly value.

Through our sustained partnership, we will continue to provide services that exceed the City’s expectations and requirements. Our team will provide exemplary services while increasing efficiencies and reducing the City’s total cost of risk. We have extended considerable effort in our response to demonstrate our interest in the extension of our current partnership.

George Hills will continue to provide the City with excellent claims handling, focused on the protection of your assets. Our 70 years in business have provided us a best-in-class reputation for being highly responsive and proactive.

Responsiveness to the RFP: We are proud to know that we meet, and in some cases exceed the City’s requirements and evaluation criteria. George Hills is prepared and ready to continue to fulfill the needs of the City.

Public Entity Experience: George Hills has an established record of consistent professional service and reputation within the industry, with specific emphasis on public entities and knowledge of public safety benefits, laws, and immunities.

High Quality References: Our clients are a testament to the quality of service we provide. We serve nearly 500 California public entities, including nearly 20 JPAs and the City of Richmond itself.

Staffing and Experience: George Hills selectively recruits and retains the industry’s best of the best claims professionals. Our team is dedicated to setting the standard for client satisfaction.

Cost Benefit Advantages: With our claims handling best practices to guide us, George Hills’ approach for the city is focused on efficient, cost-effective, and strategic resolutions. As a boutiquestyle firm, we are customized to fit the needs of the City.

Core Values: George Hills is set apart from other candidates by our core values, which direct and maintain all that we do. George Hills fosters values of honesty, accountability, transparency, loyalty, commitment, resilience, continuous improvement, financial stewardship, and client satisfaction. 1248
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Our claims handling success is focused on fostering meaningful relationship with our clients, including the one we already share with the City. As CEO and sole owner of George Hills, I promise that you will continue to experience the best George Hills has to offer and feel confident in your decision to continue working with us. Thank you for considering George Hills for this vital role.

Respectfully submitted,
John Chaquica, CPA, MBA, ARM
Chief Executive Officer, George Hills Company
Company Contacts: John Chaquica, CEO/Owner & Chris Shaffer, Chief Operating Officer Office: (916) 859-4824 & )916) 859-4826
Email: [email protected] & [email protected] Mailing Address: PO Box 278, Rancho Cordova, CA 95741
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PART 1:

ORGANIZATION OF
FIRM
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PART 1: ORGANIZATION OF FIRM
A. FIRM INFORMATION
George Hills Company was established on December 27, 1954, and has provided liability and property claims administrations to the public sector for more than five decades. Since its inception, George Hills has expanded, grown, and branched out in ways consistent with our value of continuous improvement. In addition to third-party claims administration, we provide industry-leading litigation management services, subrogation recovery, investigative services, and JPA management. Today, we work with more public entities in California than any other TPA. Our business address is PO Box 278 Rancho Cordova, CA 95741.

B. FIRM STRUCTURE
George Hills is a sole proprietorship.

C. OFFICERS, PARTNERS, OWNERS
George Hills has a single owner: John Chaquica, Chief Executive Officer.

D. RELATIONSHIPS
George Hills has no relationship to a parent company or organization.

E. AUTHORIZED NEGOTIATOR
The individual with authority to negotiate on behalf of the firm and who may be contacted during the proposal evaluation period is John Chaquica. Mr. Chaquica can be reached via phone at (916) 859- 4824 and via email at [email protected]. The mailing address for Mr. Chaquica is PO Box 278 Rancho Cordova, CA, 95741.

F. STAFFING
George Hills employes nearly 100 professionals company-wide, 4 of whom are part-time employees. 1251
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PART 2: STAFFING
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PART 2: STAFFING
A. RESUMES & STAFF INFORMATION
Personnel Role for the City
John Chaquica

CPA, MBA, ARM
CEO, Owner
Role: Executive Contact Contract liaison for the
City’s total satisfaction with George Hills’ services
and steward of George Hills’ values throughout the
engagement.

Qualifications: With over 33 years of experience in risk and JPA management, Mr. Chaquica applies a virtually unmatched level of experience and talent. Mr. Chaquica holds an MBA from Golden Gate University and a BS in Accounting from California State University, Sacramento. In addition, he holds an Associate in Risk Management (ARM) designation from the Insurance Institute of America.

Chris Shaffer
ARM/P
Chief Operating Officer
Role: Oversees firm operations and provides
executive oversight as needed. His role includes
strategic efforts for growing the company and
further developing George Hills as the leading
California TPA.

Qualifications: Mr. Shaffer has an exceptional 30-year record of achievement in the management of corporate, risk
management, business systems, and information systems
operations. He earned a Bachelor of Arts from the University of Utah. He holds an Associate in Risk Management (ARM)
designation.

Tom Baber
ARM
Assistant Vice President of
Claims, Claims Supervisor
Role: Supervisor overseeing client relationships.

Supervises claims adjusters and the claims process
while ensuring quality control.

Qualifications: Mr. Baber has 36 years’ experience in the insurance claims and risk management industry, primary
serving self-insured public and private clients. Mr. Baber earned a Bachelor of Science in Physiological Psychology from University of California, Santa Barbara. He holds an Associate in Risk Management (ARM) designation.

Kathleen Proctor

WCCA, CFE
Client Services Manager
Role: Assure client satisfaction, including
developing detailed Claims Handling Instructions
tailored to the City’s needs and scheduling regular
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and ongoing meetings with the service team to address any service needs or concerns.

Qualifications: Ms. Proctor holds a BA in criminal justice from California State University, Sacramento. She is experienced with public entity claims, public records, and business development. Ms. Proctor has a decade of experience as a Risk Manager, and nearly a decade of operation management.

Marizel Bajao
Sr. Claims Adjuster
Role: Senior Claims Adjuster and secondary point
of contact for all claims-related matters for the City.

Qualifications: Ms. Bajao has more than 30 years
of experience in the industry. She earned her BA in Business Administration from San Jose State University.

Wesley Mao
Sr. Claims Adjuster
Role: Senior Claims Adjuster and secondary point
of contact for all claims-related matters for the City.

Qualifications: Mr. Mao has experience with
transit-related claims and more than 20 years in the insurance industry. He earned his BS degree from California Polytechnic University. Mr. Mao is fluent in Vietnamese.

Tammy Hunt
CCLS
Subrogation Supervisor
Role: Supervises subrogation department and
oversees the subrogation process to ensure quality
control. Ms. Hunt is the primary point of contact for
the design and overall operation of the recovery
program.

Qualifications: Ms. Hunt has 26 years of experience in the industry. She has been focused on subrogation recovery for public entities for 15 years.

Edie Yamamura
Sr. Subrogation Specialist
Role: Identify, analyze, and evaluate subrogation
potential before coordinating the recovery of
claims payments on behalf of the City.

Qualifications: Ms. Yamamura has 20 years of experience as a senior adjuster handling claims and litigation. She has a remarkable small claims court win ratio and investigation is her forte.

TBD
Claims Processor
Role: Responsible for support for the designated liability claims team. Enters all new claims into the CMIS and general claims processing. The Claims Processor is instrumental in our quality assurance reporting.
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Resumes
Full resumes of the proposed personnel can be found in Part 10: Appendices on page 75.

John Chaquica, CEO & Owner
Mr. Chaquica has over 30 years of management experience and JPA leadership. He is known for his exceptional public-sector knowledge and his ability to assemble efficient and productive crossfunctional teams. Before joining George Hills, Mr. Chaquica was the CEO of Bickmore, a leading USbased risk management company servicing both the public and private sector. At Bickmore, he led the strategic plan of the firm and was accountable for more than 100 employees at five office locations. In addition to his role as CEO, Mr. Chaquica served as Executive Director for several California public entity self-insurance pools and as a strategic advisor to several other entities.

Before joining Bickmore, Mr. Chaquica was a Partner in Gilbert Accountancy Corporation, specializing in small and medium-sized private businesses, non-profit organizations, and governmental agencies. At Gilbert Accountancy Corporation, Mr. Chaquica served as the Audit Partner and was the Industry Team Leader on public entity self-insured groups.

Mr. Chaquica is a CPA, MBA, ARM, CGMA and a licensed Independent Insurance Adjuster and Property/Casualty Agent.

Chris Shaffer, Chief Operating Officer
Mr. Shaffer has an exceptional record of achievement in the management of corporate client, risk management, business systems, and information systems operations. He has proven his ability to improve business performance, increase capabilities and efficiency, reduce costs, minimize risk, and streamline workflow by implementing technology and process enhancement solutions. Mr.

Shaffer has special expertise in automating manual procedures, selecting and deploying enterpriselevel applications, and implementing technologies to keep pace with industry and business needs.

Mr. Shaffer excels at building and leading top-performing teams. His outstanding project management and decision-making skills make him an asset to George Hills and those with whom we partner.

Tom Baber, Assistant Vice President of Claims Administration & Claims Supervisor Mr. Baber has more than 35 years of experience in the insurance claims and risk management industry, primarily serving self-insured public and private clients. He has extensive experience managing large exposure and complex claims for both stand-alone and JPA pool clients. He is committed to providing clients with innovative, high quality claims administration services that add value and drive down the total cost of programs. Mr. Baber provides leadership, depth, and experience to George Hills’ presence in Southern California.

Kathleen Proctor, Client Services Manager
Ms. Proctor is a seasoned Risk and Operations manager. She has excellent leadership, communication, and interpersonal skills. In her capacity as Client Services Manager, Ms. Proctor acts as liaison between client, broker, and the claims team. She ensures any issues are handled efficiently and is well-versed in internal escalation procedures. Before joining George Hills, Ms. 1255
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Proctor was the Risk Manager for the City of Stockton, where she developed and administered a comprehensive risk management program.

Marizel Bajao, Senior Claims Adjuster
Ms. Bajao has been with George Hills since 1998 as a Senior Claims Adjuster. She is a multi-line claims adjuster, specializing in adjusting and investigations of minor to complex casualty, property, and professional liability claims for public entity and insurance company clients. Previously, she worked for Crawford & Company as a Liability Claims Adjuster and Liability Claims Supervisor. She has provided risk management services for self-insured and national accounts.

Wesley Mao, Senior Claims Adjuster
Mr. Mao came to George Hills from Carl Warren & Company, where he fulfilled the role of Senior Claims Specialist. During his time with Carl Warren & Company, Mr. Mao handled litigation files, correspondence, and analysis of bus and train losses with great efficiency. Mr. Mao has been in the industry since 2000 and since joining George Hills, has showcased his skills with many city clients.

Tammy Hunt, Subrogation Supervisor
Tammy Hunt came to George Hills from the City of Stockton, where she worked on criminal and civil litigation cases in the City Attorney’s office for 11 years. Her work at the City of Stockton included the handling of the city’s subrogation cases – a little more than 1,000 cases at any given time. She also maintained property, general liability, auto, crime, council bonds, notary public, and numerous other insurance programs for the city. Ms. Hunt is highly knowledgeable and experienced in both public and private sector claims administration and litigation management processes and procedures.

Edie Yamamura, Senior Subrogation Specialist
Ms. Yamamura has more than 20 years of experience as a senior adjuster handling claims and litigation. She has a remarkable small claims court win ratio and investigation is her forte. Ms.

Yamamura enjoys site visits and working directly with clients, as well as preparing client employees for testimony and in-person witness statements.

Designated Claims Adjuster: George Hills proposes both Ms. Bajao and Mr. Mao continue as the Designated Claims Adjusters for the City. Their current salaries are between $75,000 - $95,000 and their resumes can be found in Part 10: Appendices on page 75. 1256
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B. ADJUSTER ASSIGNMENT AND ROTATION PROCEDURES
George Hills adjuster assignment procedures and rotation procedures are closely monitored for each client. As indicated prior in this response, Tom Baber will supervise and monitor the City’s account activities, as well as George Hills’ and the City’s team caseloads. George Hills claim adjuster assignments and caseloads are based on the complexity of their claims; typically, account managers’ or supervisors’ caseloads are 50-75 pending files, senior bodily injury adjusters’ caseloads are 125-150 pending files, and senior property adjusters’ caseloads are 150-200 pending files. Adjusters handling auto, property, and subrogation claims average between 100-125 pending files.

We attempt to impose a maximum caseload of 150 pending files, but we recognize that there are occasions when files on an adjuster’s pending list are dormant as they await the expiration of the statute following a claim rejection.

With Ms. Marizel Bajao and Mr. Wesley Mao continuing to operate as the Senior Claims Adjusters for the City, the flexibility and balance of assignments and workload will continue. In addition, the City can expect ample coverage when illness or absences arise. Whenever needed, George Hills’ deep bench of adjusters throughout the State of California are always available as a backup resource.

C. ORGANIZATIONAL STRUCTURE
George Hills is a values-based company. Our values are honesty, accountability, customer satisfaction, loyalty, commitment, financial stewardship, and continuous improvement. These values influence everything we do.
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Commitment
Our approach as a third-party administrator is based on our commitment to protect your assets. Our goal is to continue to reduce the number of claims and claims paid amounts by identifying cost drivers, performance gaps, and opportunities for cost reduction. Our project approach centers on transparency and frequent communication with internal and external stakeholders. Our methodology is refined by your expectations. Our approach to continuing to fulfill the City’s needs stems from our company’s experience, values, personnel, and our best practice approach to claims handling.

Customer satisfaction is paramount and one of our core values – one which guides us in all we do.

Our commitment to superior customer service is bolstered by our exceptional, highly qualified staff supported by our unparalleled training and certification program. Our structure will continue to evolve to exceed your expectations and deliver quality claims results. We welcome your input.

D. CONTRACT ADMINISTRATOR
The person acting as contract administrator if awarded is John Chaquica, Chief Executive Officer of George Hills. He has full authority to resolve disputes with the City.

Phone: (916) 859-4824
Address: [email protected]
E. LOCATION
George Hills serves all of California from our four (4) offices, located in Agoura Hills, Alameda, Ontario, and our principal office in Folsom, near Sacramento. The City’s claims will be managed virtually, with Ms. Bajao assigned to our Alameda office, located at 2490 Mariner Square Loop Suite 213, Alameda, Ca 94501.
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F. TRAINING
George Hills has provided training to clients on a regular, as-requested basis. Examples include legislative updates, recent settlements, AB 218 and AB 452, and most significantly, providing access to George Hills Claims University (GHCU) as an additional, optional service.

Our monthly training program includes:
• Monthly training sessions facilitated by industry experts on current and emerging claimsrelated topics, such as legislative changes, new case laws, and claim trends. We also use this monthly session to refresh our claims administration staff on industry and internal best practices.
• An annual two-day, in-person event for all claims staff, targeted at technical training, overall staff development, and team building. This annual session includes in-depth training and panel discussions on claims technical topics, claim system utilization, and corporate issues. A recent sample event included discussion about AB 218, the recent legislation extending the statute of limitations for childhood sexual abuse and molestation claims. • Online resources and training through George Hills’ Learning Management System. This Learning Management System is a robust resource and reference library for a wide variety of claims and risk management technical topics, as well as structure training courses ranging from entry-level to advanced.
• Company-paid training courses leading to an Associate in Claims (AIC) and other pertinent professional designations.
• Active participation in industry associations, such as Public Agency Risk Management Association (PARMA), California Association of Joint Powers Authorities (CAJPA), the League of California Cities, California State Association of Counties, Association of Governmental Risk Pools, and Claims and Litigation Management Alliance. George Hills encourages employee attendance at their annual conferences and other training events through the year.

George Hills Claims University
It is George Hills’ philosophy to deliver a comprehensive and effective training program for our Claims Administration Division (CAD) that aligns with the vision, values, and goals of the company.

By utilizing internal and external resources, our program is costeffective and presents relevant technical information.

The genesis of GHCU was the reality that students were not going to college to seek a career in insurance claims adjusting, and even fewer in claims adjusting in the public sector. We felt called to establish a sustainable education forum to continue to cultivate knowledgeable and experienced public entity adjusters.

Currently, we use the University to train all staff to obtain the Public Entity Claims Professional (PECP) Certificate. This ensures each client we serve has a trained adjuster on their team. Our training ensures all claims staff receive the information and skills to perform the duties of their position successfully. Additionally, programs within GHCU are available to our clients for free or reduced costs, including a basic Risk Management/Claims Program for Analysts.

GHCU uses a Learning Management System (LMS) to provide continuous matriculation for our current and future employees. Upon completing the training courses and passing the exam, individuals are 1259
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awarded a certificate and Public Entity Claims Professional (PECP) designation. We have created the Public Entity Claims Professional – Risk Management (PECP-RM) designation that focuses on those in the public sector that may interface with the claim process, and we have additional versions in development for other areas. Another option for our clients is GHCU’s Risk Management 101 course.

George Hills Claims University is available to our clients. If City staff express interest in our training program, we are pleased to make the courses available to them.

Incentive Programs
GHC incentive programs are created in collaboration with Human Resources and the Finance Department and are approved by the corporate team and the CEO. Program plans identify the triggers for top performers (i.e., individuals, divisions, offices, teams) and identify clear cut objectives for employees’ Key Performance Indicators (KPIs). Depending on the program they may include any of the following compensation components as defined in the GHC compensation plan:
• Base Compensation
• Merit Pay
• Equity
• Paid Time Off (PTO)
• Professional Development
G. ADJUSTER RETENTION
The average tenure of managers and supervisors with George Hills is 25 years. We have historically maintained a low turnover of staff and clients. In the last two years, our turnover rate has averaged less than 4% per year. We maintain an ongoing client retention rate of 98%.

George Hills’ employees hold professional licenses, BA/BS/MA and JD degrees, and industry certifications, including: Independent Insurance Adjuster, Associate in Risk Management (ARM), Registered Professional Adjuster (RPA), Casualty Claim Law Associate (CCLA), California Self-Insured Administrator (SIA), Certified Public Accountant (CPA), Charter Global Management Accountant (CGMA), Certified Litigation Management Professional (CLMP), Property/Casualty Agent, and the California State Bar.
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PART 3: EXPERIENCE
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PART 3: EXPERIENCE
A. PUBLIC ENTITY EXPERIENCE
George Hills has made public entity casualty claims adjusting its focus. We put forth considerable effort in recruiting, retaining, and training employees. George Hills provides third-party
administration services to nearly 500 public entities,
including nearly 20 JPAs. For more than half a century, we have specialized in California public entity multi-line claims adjusting (property and liability) while also providing litigation management and investigative services. We understand and have the program in place to continue to manage claims for the City. The success of our demonstrable best practice approach to providing investigation and claims administration services is evidenced by our firm’s reputation for exceeding client expectations through our client retention rate of 98%.

Our general approach as a third-party administrator is based on our commitment to protecting your assets. Our goal is to continue to help you reduce the number of claims and claims paid amounts by identifying cost drivers, performance gaps, and opportunities for further cost reduction. Our project approach centers on transparency and frequent communication with multiple internal and external stakeholders. At the onset, we seek to determine your expectations, which refine our methodology.

George Hills’ approach to fulfilling the City’s needs stems from our company’s experience, values, personnel, and our best practices approach to claims handling. At George Hills, customer satisfaction is paramount and one of our core values – one which guides us in all we do. Our commitment to superior customer service is bolstered by our exceptional, highly qualified staff. George Hills’ adjusters are the life blood of the company, and as such we have developed a Claims Handling Best Practice Manual to guide and support our adjusters toward success and client satisfaction.

For 70 years we have built our reputation by nurturing relationships. Close attention to the needs of our clients and stakeholders drives strong results in managing risk. Our program is continually improving. We are proud to be a boutique firm and know our unique approach will continue to be of value to the City. Our innovative spirit and value of continuous improvement has allowed us opportunities to present new ideas and solutions to our clients, as demonstrated by our 35-year partnerships with the Counties of Sacramento and El Dorado, and the JPAs PRISM and CIRA. 1262
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Benefits of George Hills
George Hills Advantage Over Comparable Firms
George Hills selectively recruits and
retains the industry’s best of the
best public entity claims adjusters.

Other TPAs have experienced adjusters that may focus on private entities or are not as experienced in public entity claims adjusting.

A boutique organization by design,
we provide customized services to
meet your needs, not have you fit
into our system. George Hills has one owner,
who is involved, available, and committed to
meeting regularly.

Several TPA firms are large companies that may not have the time and focus on providing customized services to
meet the needs of the City. Our Public Entity Management team is comprised of leaders in the industry.

Providing expert liability, property,
med-mal, and subrogation services
for public entities is our one and
only focus. George Hills has nearly 500
California public entities including over
nearly 20 JPAs.

Many other TPA firms provide multi-line services to a
variety of private and public entities, and therefore don’t specialize in the specific needs that public entities require.

George Hills has developed
our own comprehensive
and effective public entity claims training
program, George Hills Claims University
(GHCU).

George Hills is the first and only TPA to launch its own learning program. Managed through a Learning
Management System, GHCU provides continuous
matriculation for our current and future employees and
now to our clients, and soon the general public.

George Hills’ use of our CMIS, and our
Trademarked iMetrics reports, give
our clients unique access to the claims
process at every stage and allow clients to
run customized reports.

Although some TPAs have their own claims system, which
may be multi-line and private sector, our CMIS provides enhanced, customizable system reporting that is specific to public entities and unparallel to other firms’ capabilities.

George Hills has developed a clientfacing portal, which provides dashboards and secure online areas
for file sharing and collaboration.

We are one of the few TPAs that offer a resourceful, webbased portal that our clients can customize to fit their risk management and reporting needs.

George Hills has two in-house
attorneys that serve as our
Litigation Managers, as well as
assist clients and adjusting staff by applying
their extensive public entity experience.

Although a couple of larger TPAs may have legal
resources, our in-house attorneys are readily accessible and are routinely utilized by our claims adjusters and are available to our clients.
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B. REFERENCES
Name of Client Primary Contact Services Provided
County of
Stanislaus
Derick Holt
Insurance & Claims Manager
(209) 525-5710
[email protected]
Liability & Property Claims
Adjusting
County of San
Joaquin
Tanya Moreno
Safety & Risk Manager
(209) 468-3274
[email protected]
Liability & Property Claims
Adjusting and Subrogation
County of Alameda Lucretia Akil
Risk Manager
(510) 520-8887
[email protected]
Liability & Property Claims
Adjusting
Small Cities
Organized Risk
Effort (SCORE)
Marcus Beverly
SCORE Administrator
(916) 643-2704
[email protected]
Liability & Property Claims
Adjusting
City of Fairfield Erika Milton
Management Analyst
(707) 428-7500
[email protected]
Liability & Property Claims
Adjusting
C. PAST CLIENTS
• VCSSFA: Moved to Athens, won through a competitive RFP • LAUSD: Moved to Carl Warren & Company, won through a competitive RFP 1264
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PART 4: SCOPE OF
WORK
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PART 4: SCOPE OF WORK
A. Tort Claims Handling

1. George Hills will promptly make a claim file after receipt of the tort claim from the City.

George Hills will investigate claims and incidents which may be the subject of such claim against the City. We will recommend acceptance or rejection of submitted claims.

2. George Hills will provide claims adjusting for liability claims.

3. George Hills will assess and evaluate the nature and extent of each claim, and establish claim reserves for indemnity, medical, and legal expenses.

4. George Hills will ensure timely claims handling, including follow-up with claimants regarding claims issues and processing.

5. George Hills will determine the need for defense representation and monitor litigation activity. We acknowledge that the City Attorney’s Office will select defense and subrogation counsel.

6. George Hills will report claims to the excess insurer, and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements. George Hills will submit requests for reimbursement on behalf of the City to the excess insurer.

7. George Hills will coordinate Medicare and Medicaid set aside agreements in compliance with Section 111 of the MMSEA, including required reporting.

8. George Hills will tender and demand indemnification from responsible persons, agencies, and/or agents in an effort to recover losses suffered by the City from claims filed against the City.

9. George Hills will provide a designated claims adjuster for the City. We acknowledge that the claims adjuster may not be changed without mutual written consent of the City during term of contract.

B. Litigation

1. George Hills will assist with litigation management and support the City in the defense of litigated cases. We acknowledge this may include timely provision of claim files, assisting with investigation and discovery as needed, and advising on defense activities.

2. George Hills will assist and advise on potential exposure and ensure cases are reported to excess carriers as required.

3. George Hills will monitor and track litigation costs and set reserves for indemnity, medical, and legal expenses with input from the City and defense counsel. We acknowledge this may also include providing data and information relating to incurred litigation costs to the City and its excess carrier as required.

C. Financial Accounting

1. George Hills will maintain a trust fund for the purpose of paying expenses for claims.

The amount that will be maintained in the trust fund shall be determined by the parties and confirmed in writing.
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2. George Hills will provide to the City a copy of all checks, vouchers, or warrants drawn by George Hills to pay benefits on City claims.

3. George Hills will provide a monthly check/voucher register of all transactions made for the period.

4. George Hills acknowledges the City’s right to conduct a financial audit of the trust account to ensure the integrity of the account.

D. Data Products

1. George Hills will provide a computerized loss run and summary report each month covering activity on all newly reported, open, and newly closed claims for the period.

This report will be customized for the City’s needs and will provide the following by claim year:
a. Monthly listing of open claims by date of loss, department, location, and alpha by name showing expense categories, reserves, and total incurred. b. Various responsive reports on demand, at no additional charge, such as claim frequency reports, i.e., by cause, site, department, etc. c. Provide monthly claim summary reports, within 15 days of month end.

2. George Hills will provide loss run data and required reports for actuarial, auditing, and reserve analysis purposes.

3. George Hills’ software systems will be Windows-based, available 24 hours/day, 7 days/week, and able to provide email exchanges.

4. George Hills will provide a report writer function for City staff to design customized ad hoc and standard reports to be printed at City offices, as well as training on usage of report writer function.

5. George Hills will transfer all current and past loss data from SIMS to our software system.

6. George Hills will provide compliance with required reporting requirements for liability (including self-insurance) under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).

7. George Hills will provide training, support, and software access to the City’s Risk Manager to look up claim information and data as required, and to run reports as needed.

E. Additional Services

1. George Hills acknowledges claim adjuster attendance at hearings, settlement conferences, conferences with defense counsel, small claims court proceedings, meetings with City staff, and departments when required.

2. George Hills acknowledges the importance of communication – written, oral, and in person – with City staff by the Claims Adjuster.

3. George Hills acknowledges that all records, files, transcripts, computer tapes, and other materials on claims adjusting activity developed on the City of Richmond claims is the property of the City of Richmond and must be relinquished in good order and condition upon termination of this contract with the adjusting firm. The City shall not be required to pay any additional cost for the transfer of files to the City. 1267
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4. George Hills will attend all meetings with City Staff as requested.

5. George Hills will be available for file audit checks by the City when requested.

6. George Hills will cooperate with file and program audits with City designated auditors.

7. George Hills will be available to respond, potentially upon short notice, to a major emergency or catastrophe involving potential claims.

8. George Hills will provide a monthly claims diary of all open files and enter review notes on the claim reporting system.

9. Upon request, George Hills will provide training to City managers and supervisors on general liability issues, loss control, management responsibility, and practices to improve reduction of filed claims.

10. George Hills will provide internet email communications for the designated claims adjuster to City staff.

11. George Hills will provide an administrative manual on claims processing.

12. If available, George Hills will provide loss control, investigative services (Sub-rosa, fraud investigation), specialized training or workshops, including additional costs for such services.
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PART 5: QUALITY

CONTROL PROCEDURES
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PART 5: QUALITY CONTROL PROCEDURES
A. AUDIT CONTROL PROCEDURES
Tom Baber, Vice President of Claims Administration, Property/Liability, and Kathleen Proctor, Client Services Manager, conduct the best practice oversight and internal claims handling audits for all George Hills clients to ensure quality management and proper resources are always at optimum levels. In addition, outside client vendor evaluations and claim audit reviews are conducted for consistency in external evaluations. We are happy to work with the City to develop tailored quality control reviews and metrics to suit the City’s unique needs.

Essentially, George Hills’ proprietary best practices written in our firm’s Claims Procedures Manual set forth policies and procedures, which must be followed in accordance with the specific rules and requirements of a client. These are tracked per adjuster, per claim.

B. SUPERVISOR REVIEW
George Hills uses a review system to ensure accurate data in adjuster diaries, including manual reviews by the adjuster responsible for any particular account and the Account Manager when appropriate. Diary reviews include an update of the Plan of Action (POA), or strategy geared toward resolution of the case and review of reserve adequacy. Each file should contain all reports generated and documentation of communications between relevant parties. Diaries are reviewed weekly and will be as such by the City’s Account Manager to be certain all files are given the attention they deserve.

Should a file be found lacking, follow-through with the assigned adjuster will occur. Diary reviews always take place when loss runs are generated to ensure the information forwarded to the client by that loss run is accurate.

Each adjuster’s open file count is reviewed monthly by the Vice President of Claims Administration, Mr. Baber. Limited audits are conducted quarterly. These reviews and audits help us judge and measure the performance of claims work at George Hills and whether company standards and best practices have been followed. These reviews also assist in evaluating whether the adjuster has effectively:
• Reduced overall pending
• Reduced litigated file pending
• Reduced the average lifespan of their cases
• Established and monitored defense counsel budgets
• Reduced litigation expense
Five adjuster files are chosen randomly for each quarter for every adjuster and reviewed. Should a file be missing anything, the adjuster assigned to the account is followed up with.

Account teams meet monthly regarding watch list claims, which are active, potentially high exposure claims. These files are analyzed for data accuracy, thought comparison, or challenging claims analysis to enhance the claim settlement.
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C. BUSINESS NATURE OF OTHER ENTITY CLAIMS
Ms. Bajao and Mr. Mao currently work with California public agencies.

D. CUSTOMER SERVICE AND QUALITY ASSURANCE
George Hills has developed best practices in claims management, and we believe our process and specific alignment with your needs and expectations collectively results in a reduction of claims expenses.

Best Practices Claims Approach
George Hills’ Best Practices General Liability Claims Handling Manual and Best Practices General Liability Litigation Manual are followed by all George Hills claims processors, adjusters, and supervisors in addition to the specific rules, regulations, and requirements of each individual client. These manuals support the scope of work, procedures, processes, and requests of the City. Our stated mission is always “to provide the highest level of quality, customer-focused claims service”. We accomplish this by assigning teams of experienced individuals who have managed similar accounts for many years.

Our best practice approach to claims management centers around early communication and transparency of information. Early communication with claimants leads to faster claim resolution, and the transparency of information provided to the City gives insight to the claims process from inception to close.

Best Practice Quality Control
Our processes, procedures, and methodologies center around adjuster accuracy and customer satisfaction. Quality control comes at the technological (automated) level, and at the human (adjuster/supervisor) level by George Hills’ Supervisors and Client Services Managers.

Communication
Phone calls and emails will be returned within 24 hours. All other written communication will be responded to within three (3) business days.
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Contacts
• 24-hour emergency contact will be made within one (1) hour of assignment or phone call. • Initial contact will be made with the insured/client, claimant, and witness within one (1) business day of receipt of their information. If no contact is made with the claimant, two (2) subsequent contact attempts via telephone will be made within the first 48 hours after receipt of the claim. If we do not have contact information for the claimant, or have incorrect information, extra attempts will be made to secure correct contact information, such as a Google or online ‘white pages’ search. If the City’s protocols are such that a claimant is not to be contacted, this will be documented in the adjuster’s file notes. • An acknowledgement letter or email will be sent to all pertinent parties containing the adjuster’s contact information and claim number, unless instructed otherwise.

Best Practices Claim Data and Information Management
George Hills’ ability to develop and maintain the City’s data metrics for decision-making as well as to provide accurate statistical reporting is due solely to our commitment to best practices in our Information Technology processes. Our Claims Management Information System (CMIS) provides George Hills and our clients with exceptional expert resources. We can rely on our system’s commitment to security to ensure your data is safe; to demonstrate this commitment, our team completes an annual disaster recovery exercise to safeguard against potential data loss.

Timely resolution of claims is another best practice we employ. Generally, the longer a file is open the costlier it is for our clients. Superfluous open reserves on a client’s book of business can negatively affect financial results. As such, one of the items reviewed by supervisors when they audit files is timeliness of closures. The supervisor will also review whether the adjuster is continuing to update the claim diary. Every time an adjuster interacts with a file, they should do everything necessary to move the file closer to resolution.

Reporting New Claims
Depending on the nature and urgency of an incident, new claims can be reported to George Hills in several ways:
• Routine, non-urgent tort claims can be sent via email through our dedicated intake portal, which is monitored by our claims support team to ensure timely setup in the claims system within one (1) business day.
• More urgent matters can be reported directly by phone through your designated adjuster, supervisor, or claims processor.
• After-Hours Critical Incident Response: The City will be provided with the after-hours contact information for your primary designated adjusters, who can usually respond to the scene of a critical incident within one (1) hour of contact.

File Setup
Within one (1) business day of receiving notification of a new claim – usually the same day – the claims processor will take the following steps:

1. Enter the data into CMIS, including assignment of the adjuster.

2. Attach any paperwork received with the claim to the CMIS.

3. Notify the assigned adjuster of the newly assigned claim. 1272
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a. These actions trigger the CMIS to set an automatic diary for the adjuster and their supervisor.

4. Send an acknowledgement of new assignment to the City, including claim number and assigned adjuster information.

5. Make initial phone contact with the claimant or their attorney, if so instructed, with the claim number and contact information for the adjuster, including a follow-up acknowledgement letter.

Adjuster Initial Review and Contacts
Upon notification of a new assignment, the adjuster will:
• Review the information in CMIS for accuracy
• Review all attached documents and notes in the file
• Review the tort claim for timeliness and sufficiency and take appropriate action, including recommendations for sending tort claims notices
• Set initial reserves
• Make initial contact with the insured/client, claimant, and witness(es) within one (1) business day of receipt of their information. If not contact is made with the claimant, two (2) subsequent contact attempts via telephone will be made within the first 48 hours after receipt of the claim.

Investigation
An investigation plan is developed for each claim to assess the liability and damages exposure efficiently and effectively. Applying their experience and expertise, the adjuster tailors the scope of investigation to the nature and exposure of the claim. The investigation may include:
• Gathering all internal documents from the City, including reports, maintenance logs, photos, contracts, easements, certificates of insurance, etc.
• Conducting a scene inspection with photos and diagrams as warranted • Interviewing City staff
• Obtaining official reports
• Interviewing and obtaining statements from the claimant and witnesses • Obtaining damage estimates, invoices, and/or damage appraisals • Obtaining all pertinent medical records
George Hills will identify and engage an interpreter/translator that is acceptable to the City. When possible, we will utilize one of our bilingual employees to assist with translation. Where warranted, we will seek authority from the City to engage experts.

Risk Transfer and Indemnity Rights
During our investigation, we actively seek to identify all risk transfer and indemnity/defense rights owed to the City through contracts, agreements, additional insured statuses, easements, etc. With the City’s approval, we promptly and vigorously pursue tender/cross-complaints on behalf of the City against all potentially responsible parties and/or their insurance carriers. 1273
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Notification and Updating of Excess Insurers
It is the responsibility of the adjuster to promptly report (within 30 days of receiving notice of a reportable claim) any case meeting the reporting requirements of the excess carrier, or as instructed by the City. The adjuster will also provide status reports to the excess carrier/pool (including reports from defense counsel) at the required intervals.

George Hills will notify the City’s excess carrier(s) in any number of situations according to the requirements of the excess policy carrier’s stipulations. First, the excess carrier is notified no later than 30 days after receipt of a reportable claim. Second, notification is sent when reserves are set on any reportable claim or suit involving multiple claims or suits arising out of one occurrence, or any claims or reserves amounting to 50 percent or more of the retained limit. Third, excess carriers are notified regarding Title 42 USC 1983 cases in which a complaint has been served and the plaintiff is represented by legal counsel or with reserves of 25 percent or more of the retained limit.

Lastly, regardless of the reserve, notification is sent on any claim involving the following:
• One or more fatalities
• Loss of a limb
• Loss of use of any sensory organ
• Quadriplegia or Paraplegia
• Third degree burns involving 10 percent or more of the body • Serious facial disfigurement
• Paralysis
• Closed Head injuries
Litigation Management
Through our extensive experience managing claims for hundreds of different public agencies, George Hills has developed the expertise to adapt our litigation management services to fit a wide range of litigation management program structures. This ranges from full litigation management responsibility, including retention and direction of defense counsel and management of defense costs, to basic litigation support for the City’s in-house defense team.

George Hills’ philosophy and guidelines for providing litigation management services are focused on achieving the best result for our client while aggressively managing costs. This is driven by our litigation best practices, which include:
• Securing the litigation budget within 45 days of assignment to defense counsel. Our adjusters review defense counsel bills in detail to ensure that are reasonable and in line with the litigation budget.
• Training our adjusters to perform a risk weighted analysis early in litigation to establish a target settlement number before incurring extensive defense costs, pursuant to the City’s risk protocols.
• Utilizing adjusters to complete tasks when possible, in lieu of an attorney. • Using statutory settlement offers, such as 998s, when appropriate to possibly recover costs if a favorable verdict is received.
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When a claim becomes litigated, George Hills’ claims adjusters do not simply assign a file to defense counsel and vanish but operate as true litigation managers. We believe it is the responsibility of our claims adjusters to work closely with defense counsel until the case is resolved and the claim file is closed. A good early investigation, coupled with an experienced litigation manager, helps bring the case to an earlier resolution. We strategize early and often with the client and defense counsel and monitor the case to ensure counsel stays on track.

Our full litigation management services – available as an optional service in Part 7: Fees on page 45, include the following:
• Within five (5) days of the assignment by the City, contact will be made by the lead claims adjuster and with any assigned defense counsel. An appropriate plan of action will be discussed, and initial case analysis will be reviewed to determine what course of discovery and motion/defense strategy to implement.
• Within 60 days following the assignment of a case, defense counsel will complete and return a complete case analysis to the City, the George Hills adjuster, and the claims supervisor. The case analysis will include a comprehensive evaluation of the case and formalize the defense strategy crafted by the team.
• In addition to the initial case analysis, counsel will provide an accurate estimate of defense costs for all litigated cases as set forth in the exhibits. Defense counsel is expected to stay within the estimated case budget throughout the litigation and to report on fees expended in relation to the budget as requested.
• After the initial case analysis, defense counsel will provide mandatory written status reports at 60-day intervals, setting forth all substantive developments. The defense attorney handling the claim will prepare the status reports. Defense counsel will report only on new developments since the last report, as it is not necessary to repeat case facts or information previously reported. Status reports will be as objective and straightforward as possible to allow the George Hills adjuster and claims supervisor to meaningfully analyze the case and determine the course of action to be taken.
• George Hills monitors defense counsel to ensure that counsel stays true to the plan of action and within the defense budget. This includes monitoring defense counsel procedures, mandating regular reporting by defense counsel, and reviewing legal bills for appropriateness as directed by the American Bar Association standards or by the City’s instructions to ensure the claim is resolved in the most cost-efficient manner. • George Hills has developed specific guidelines that include creating and monitoring a watch list of any claims that, because of allocated expenses, expense reserves, case reserves, or a combination thereof, may present a threat to pooled funds or have already reached pooled funds. Though the City may wish to assign claims to their watch list for the Litigation Manager, George Hills’ watch list typically starts at the primary level. If chosen to provide third-party administration services, George Hills will continue to follow these guidelines to create a watch list of claims that have the potential to exceed the City’s SIRs and monitor those claims until the case resolves.

Electronic File Management
Claims Progress Notes – All file activity is documented in the Notepad of the electronic claim file as it occurs. Dropdown boxes for notepad types allow the adjuster to be specific as to the type of activity (i.e., phone call, correspondence received or sent, claim filed). The subject line allows for 1275
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further specific yet brief information for an at-a-glance review in CMIS. Notepads are important to document phone conversations or receipt of materials; they serve as a chronological outline of what activity has taken place.

Claim Documents – All claim documents are attached to the electronic claims files as they are obtained. This includes text/PDF, spreadsheets, photos, audio and video files, in all electronic media formats. Each document is annotated with a description and a corresponding Notepad entry.

Diaries – Upon setup in CMIS, a file review diary is automatically set for the adjuster. Our best practices ensure that each assigned case is reviewed at least one every 30 days for active files, 90 days for extended diaries awaiting activity by others, and up to 180 days on files in which the adjuster is awaiting the expiration of the statute of limitations. All diaries are maintained through CMIS. All activity during the diary review is documented in the Notepad. No claim is re-diaried without specific indication why no further action was taken.

George Hills’ claim supervisor will maintain separate diaries and other audit controls necessary to review and ensure timeliness in handling, as well as ensuring other claims standards and reporting requirements are being met.

Plan of Action (POA) – The Plan of Action (POA) is a special Notepad document that provides the current summary of the claim, including current financials (payments and reserves), investigation findings, assessment of the exposure, status of litigation (if applicable), and the plan for moving the claim to resolution. The POA is reviewed and regularly updated at each diary review, or whenever there are material changes in the claim. The POA has proven to be an effective tool for managing the file and a valuable resource for our clients, auditors, and when conducting file reviews. The City will have online access to the POA entries in the claim summary view. A sample POA can be found in Part 10: Appendices on page 73.

Reserving of Claims
The establishment of reserves is one of the most important tasks we perform for our clients – it impacts critical areas, such as funding levels and budgets. George Hills’ philosophy is to set reserves on a “most probable outcome” basis. Our best practice is to establish separate reserves for indemnity and expense; however, we will reserve according to the City’s policy. Adjusters are required to set initial file reserves for indemnity and expenses (legal and adjusting) within five (5) days of assignment.

Adjusters review claim reserves each time they interact with a file, and specifically on each diary date.

Reserves take into consideration liability as to the City and comparative fault of the claimant/plaintiff, type of injury, damages, prognosis, expenses (e.g., medical and wage), and any anticipated general damages. Litigated files include separate reserves for legal expenses based on a current litigation plan and budget.

Payments and Settlements
George Hills has extensive experience managing trust accounts for our clients, from which all claim payments can be processed, issued, and captured in financials for the claim. We are also able to record any payments made directly by our clients with the same level of detail. All payments through live checks or manual transactions require sufficient approved reserves prior to processing. Additionally, we record all recoveries, including payments by excess carriers.

We will obtain proper authority from the City and secure all supporting documents (releases, settlement agreements, dismissals, invoices, W9 forms, OFAC checks, etc.) prior to issuing or recording any payments.
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Timeline of the Claims Handling Process
The following takes place from receipt of a new claim:

Within 24 Hours
• Index new correspondence and new claims for damages to determine if they belong to an existing claim
• Claims data entered into ClaimsXpress, our CMIS
• Acknowledgement of new assignment sent to the City
• Claimant/Claimant’s attorney is called, emailed, or both to acknowledge and provide claim and adjuster information
Within 2 Days
• Two-point contact made with claimant (or their attorney) and the City Within 5 Days
• Reserves Set
Within 30 Days
• Claim tendered (if appropriate)
• Liability determination
• Excess carriers notified
Monthly
• Monitor closing ratios
• Statistical report (all claims activity) provided to the City • Payment register provided to the City
• Plan of Action (POA) updated
• Watch list claims meetings
• Case reviews (90 days if waiting for activity by others, 180 days if waiting on expiration of a statute of limitations)
Cost Saving Methods
Through our efficient and thorough investigation, there is a two-point contact within one (1) business day of receipt of each claim. We ensure the liability investigation is completed early, and many claims are not pursued when they are denied or rejected early in the process. In these instances:
• Attorneys Will Likely Pass On The Case: Attorneys are less likely to take a case that has already been denied.
• Establishing Defense Early: By not establishing your defense position early, a claimant is often more likely to think they will receive a settlement. • Securing Witness And Claimant Statements Early: This action is essential, lest they forget critical details or revise the facts to help their position. • Indexing Claimants Pursuing Injury Claims: We verify if they have made similar claims in the past, and/or have prior injuries that are unrelated to our matter. 1277
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• Secure Complete Medical Records: If there is liability and injuries are claimed, we secure complete medical records to check for pre-existing conditions.

We explore all tender possibilities based on the claimants’ allegations, because allegations trigger coverage regardless of liability.

Small Claims
George Hills claims adjusters have extensive experience successfully representing our clients in Small Claims courts. When served with a notice of Small Claims Hearing, the adjuster will work closely with City staff and legal counsel to prepare the case for presentation at the hearing, including witnesses and supporting documents.
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PART 6: REPORTS
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PART 6: REPORTS
A. SAMPLE REPORTS
Sample reports can be found in Part 10: Appendices on page 68.

B. COMPUTER SYSTEM
Please see below.

C. INTERNET SERVICES
Claimsxpress Claims
George Hills has used ClaimsXpress as our Claims Management Information System (CMIS) for 9 years.

ClaimsXpress (CXP) is a secure cloud browser-based software system that allows our claims adjusters to work anywhere, from the scene of an incident to our corporate office. Similarly, the system being browser-based allows the City 24-hour, read-only real-time access of its claims information. George Hills owns perpetual licenses to CXP, and we contract with Spear Claims to provide the Microsoft Azure-based secure cloud, in which our clients’ data is housed.

Searching within CXP for specific claims data is simple, but to minimize the need to search, George Hills has developed dashlets within ClaimsXpress to allow the City and adjusters quick access to relevant claims information right on their homepage.

As part of your renewal process, George Hills will hold a training session with all potential client-side ClaimsXpress users, ensuring that everyone has the desired level of access and understanding of the system.

ClaimsXpress has a set of standard claims handling reports available to every client, but the system can also be customized to produce unique reports specific to the City. The City can safely and securely access their reports via an automated encrypted email from their Client Services Manager or the dedicated reporting team. All these reports can be exported to Microsoft Excel or Adobe PDF formats on demand by either George Hills staff or City staff.

ClaimsXpress Claims is an entirely paperless system. All claim files are stored electronically in a secured Microsoft Azure cloud hosted by Spear Claims, available to any authorized user, using any browser, at any time.

George Hills’ ability to maintain data and provide enhanced statistical reporting is due to our long use of best practices with technology. George Hills’ proprietary iMetrics Business Intelligence Reporting service provides optimum targeted, on-demand data for liability and property claims decision-making.

ClaimsXpress is configured to enforce additional security measures when necessary. It can limit a user’s access to claim information by a client’s organization structure, for example allowing access to view claims for a single location or for the entire organization. CXP also includes identifiers for highly sensitive or confidential claims. When a claim is flagged as confidential, ClaimsXpress will limit access to that claim by individual User ID.
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The use of ClaimsXpress increases our firm’s service capabilities for the City and enhances our service workflow efficiencies and custom reporting capabilities. The alignment of these technologies with George Hills’ services is of great value to the City by providing real-time access to decision-making data, metrics, and trends. When it comes to read-only access, reporting, and modification abilities to meet the City’s needs, our technology offering is unmatched. Samples of the reports available can be found in Part 10: Appendices on page 68.

Client Portal
George Hills is thrilled to launch our self-service client portal. The City will continue to have its own dedicated portal for all members and staff to access. We can tailor this portal to directly complement the City’s members-only website access. This new web-based platform provides our clients with exclusive access to the following features:
• Secure file sharing and document management
• Quick reporting and metrics on dashboard
• Simple user interface
• George Hills’ news and alerts
D. MMSEA
ExamWorks performs the MMSEA Mandatory Insurer Reporting function for George Hills and our clients.

George Hills acknowledges we will comply with the mandatory reporting requirements of Section 111 (“Medicare Secondary Payer”) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).

We have contracted with a highly respected and well-known MMSEA firm – ExamWorks – for work in this area and have created an internal Medicare Compliance Team, who are responsible for knowing MSP, SCIP, MIR, and Medicare Set Aside Allocation policy, rules, and updates. The team acts, in accordance with our MMSEA firm’s support, to ensure George Hills is compliant with Medicare regulations. They respond immediately to George Hills’ Medicare-related questions, concerns, or challenges, and ensure all necessary paperwork and documentation are completed in a timely manner and that all monthly data and progress reports are accurate and current. 1281
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PART 7: FEES
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PART 7: FEES
A. FEE STRUCTURE
Adjusting Services Fees – Options
Option A1: Time and Expense – George Hills believes, as in the legal field, services surrounding claims and potential litigation are best captured by directed effort. In this case, the client only pays for the services requested. In a time and expense environment, George Hills applies its best practice approach to all claims; unless the client adjusts, restricts, or expands such services. A general administrative file will be established and maintained to track effort related to services necessary to fulfill our contractual obligations not otherwise associated with a claim.

Time and Expense for Adjusting Services
Supervisor $131/hour
Adjuster $105/hour
Claims Processing $86/hour
Option A2: Time and Expense with a Cap – George Hills believes that this can be the best of both worlds. This pricing model allows for the realities of the unknown to dictate service results but retains some budget certainty. The cap will always be more than the fixed fee to protect the unknown, but often can result in less cost too. The cap is a movable target and should be adjusted annually until the services and relationship have settled.

The above hourly rates by position are the same for both options A1 and A2. The only difference shall be that George Hills will commit to an annual maximum fee for adjusting services for option A2, in the amount of $220,000. Please note that the catastrophic pricing is applicable, and therefore outside of the annual maximum fee.

All fee options are subject to the Annual Fee Escalator described below.

Option B: Fixed Fee – George Hills believes this is a workable solution for public agencies seeking budget certainty. Unfortunately, it has its challenges. First, every other significant component of a claim (settlement and legal fees) is not predictable and as such, making the adjusted costs fixed will ensure that 100 percent of the time the fee will be wrong. Secondly, the result could be that the client is receiving far more resources than they are paying for, or the client is paying for far more resources than they are receiving in services on any one claim. Either outcome is wrong.

In this environment, George Hills makes every effort to be resource-sensitive in applying our best practices to ensure we balance the economics. No matter what, we put forth the right effort to resolve the claim. We do, however, adjust our clients’ fees that can and should be adjusted to meet our clients’ budget goals.

George Hills has developed a hybrid Fixed Fee Proposal. California Public Entities have seen dramatic increases in claims frequency in contrast to pandemic years. As such, we wanted to create a simple fee model that allows for fee adjustments down or up due to claims frequency, as hopefully frequency 1283
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drops back down. Since claims activity is the main indicator for TPAs and the number of resources needed to perform quality services, it is important that adjustments can be made to resources provided and resulting costs for the benefit of the client and TPA.

Our model provides for an assessment of claims frequency twice a year – after six (6) and twelve (12) months. We have established the change must be at least 10% to trigger an adjustment and no more than 25%, as greater than that warrants a contract modification. For the City’s proposal the model would result in an adjustment in the event claims frequency dropped below the current estimate of new claims per year of 165. In the event claims dropped below 149 or increased above 181, an adjustment would automatically occur during the 7th and/or 13th month. The claims base would be adjusted to this new level for future year calculations.

For the City, the financial result would be calculated based on the percentage increase or decrease ranging from 10-25%. For example, if the increase/decrease was 10%, the fee would decrease from $190,000 to $171,000. Conversely, if there was a 10% increase the fee would increase from $190,000 to $209,000.

Fixed Fee
Fixed Fee—Claims Only $190,000
GENERAL ADMINISTRATIVE FEES – ADDITIONAL TO ADJUSTING FEES Fixed Fee and Cap pricing will be based on the current average. Should the claim volume change more than 10% in severity or frequency in a year, we request a reevaluation of our pricing agreement.

General Administrative Fee Section – Applicable to each fee option.

One Time Start-Up Fee $0 (waived)
Annual Administration Fee $10,000
Mileage - Adjuster Current IRS Rate
One Time MMSEA Setup Fee (paid to ExamWorks) - if
applicable.

Annual Reporting Fee (paid to ExamWorks)
$300/one-time
$500/year
Adjuster travel expenses for mediations, settlement
conferences, trials; subject to prior approval.

Actual
CXP access fee (up to 5 users) Included
Custom reports, if exceeds three hours and is client
specific
$185/hour
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All fee options are subject to the Annual Fee Escalator described above.

Subrogation
The Subrogation Fee is in the amount of 30% for each recovery obtained. The minimum amount to be paid to GH will be $250 per claim upon recovery. Please note, on most claims George Hills can recover our fee, thus the net cost is zero.

FEE SECTION TERMS
One Time Startup Fee – The process of onboarding a new client covers many areas, from establishing expectations, policies, and procedures, to designing the infrastructure to meet the needs of risk management, council, and department heads. It also involves time and effort in establishing the Trust Account or check writing, W-9, and all federal and state reporting requirements. Most importantly, this process involves the establishment of effective claims triage. Note that this is not time spent on the actual data conversion. As the City of Richmond is a current client, this fee has been waived.

Annual Administration Fee – George Hills has determined it takes a company-wide effort to ensure we exceed the expectations of our clients. As such, we feel it transparent to separately identify and charge for those critical functions that are not directly tied to claims handling. We include an annual administration fee, which covers the following activities:
• Claims Management Information System (CMIS) services and reports • Access to CMIS and training
• Monthly listing of open claims, showing expense categories, reserves, and total incurred • Monthly claim summary reports
• Monthly hours and claims data detail for billing
• Providing loss run data and required reports
• Access to GH Client Portal
• Providing annual reports to outside agencies
• Filing of regulatory reports, such as 1099s, W-9s, etc. • Trust Account
• Establishment and maintenance of a trust account to pay indemnity and expenses that may be due on claims; the amount to be maintained in the trust account shall be determined by the City. If the trust account is set up with the GH preferred bank (California Bank and Trust), then George Hills covers the cost of Positive Pay and Payee Match.

Allocated File Expenses (see attached details) At cost
Conversion Fee (waived if client for 5 years, see below “Conversion Fees”)
See Notes below
Storage – if applicable TBD – Actual cost
Catastrophic Pricing Current hourly rate
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o If the City prefers an alternate bank, there may be an additional setup fee, as other banks’ processes can be extraordinarily time consuming. • New bank account setup, including signature cards, test checks, online access, and setup of bank in CXP
• Discussion and agreement on the approval process
• Preparation of W-9s
• Processing of checks weekly
• Submission of positive pay (if applicable) and monitoring of positive pay (review of daily emails from bank for exceptions)
• Maintenance of a copy of all checks drawn by George Hills to pay claims and claims-related expenses
• Monitoring of account balance, preparation of replenishment requests as needed (custom requests for each client’s needs)
• Monthly bank reconciliation (prepared and sent to the City) • Payment of invoices that are pass-throughs, such as invoices for medical record copies, ExamWorks, etc.
• Certificates of insurance as required by the Contract • Annual service
• Response to outside financial auditors
• Provision of reports to the City’s actuaries and claims auditors • Submission of GH SSAE 16 reports, or the current equivalent • Account Management
Mileage: Adjuster – Mileage is paid at the current IRS rate.

MMSEA – Both the one-time setup fee and the annual reporting feeds to offset fees paid directly to ExamWorks.

Adjuster Travel Expenses – For mediations, settlement conferences, trials, etc.; subject to prior approval and submitted with receipts.

CXP Access Fee – Included in the annual administration fee is the setup and management of five (5) user accounts through our CMIS: CXP.
iMetrics Report Fee – There will be no charge for our iMetrics business intelligence reports with executive in-person debriefs.

Custom Reports – Additional charged for custom reporting are defined as being client-specific and needing a third-party programmer for three (3) hours or more.

Conversion Fees – This fee is intended to cover costs associated with data conversion, transition, and contract closeout. The data conversion fee is dependent on many factors which will need to be discussed. If George Hills is retained for five (5) years, we will entirely absorb the conversion fee. If George Hills is not retained for the full length of the proposed contract, then the client shall be subject to a fee of 20 percent each year not retained, not including shipping, storing, scanning, copying, or otherwise handling open or closed paper claim files (this shall be a separate charge based on the Scope of Work).
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George Hills will charge for any agreed services related to conversion storage, copying, scanning, shipping, and disposal.

Catastrophic Pricing – Applicable only to Fixed Fee and Time And Expense With A Cap Fee agreements. George Hills recognizes that in the event of a catastrophe, additional hours will need to be applied to the handling of such claims. As such, to preserve the quality and efficiency of service for which we are known, George Hills proposes that should a catastrophic event occur resulting in 10 or more claimants or claims from a single occurrence, the client shall be billed at the current hourly rate.

Annual Fee Escalator – The Annual Fixed Fee and all hourly rates shall be adjusted at the beginning of each of the remaining years of the term by the lesser of 5%, or in accordance with the changes in the Consumer Price Index (CPI-U) for all Urban Consumers for the Western Region using the most recently published annual percentage change, but in any event such increase shall not be less than 3%.

Termination Fee – In the event of contract termination, George Hills’ procedures and cost for runoff claims will be billed at the current hourly rate; no charge for historical loss summaries. George Hills believes that the successful transition of claims requires preparation, so we ask for 90 days’ notice if the contract is terminated without cause to facilitate the transition of claims management properly and efficiently.

General File – A general administrative file shall be established and maintained to track effort related to services necessary to fulfill our contractual obligations and not otherwise associated with a claim.

Storage – George Hills will charge for any services related to storage, retrieval, copying, scanning, shipping, and disposal of paper files.

B. ALLOCATED EXPENSES
Typically, allocated expenses are those expenses that are generated by a claim (by outside vendors other than George Hills) that cannot be foreseen nor included in this Contract. These expenses are generally allocated back to the specific claim file for which the cost was incurred and then charged back to the entity whose claim incurred that cost. In most situations these are pass-through costs (with processing fees) for services and/or fees not directly generated by the TPA, but rather by a thirdparty consultant where the TPA has acted as an agent on behalf of the entity to necessarily outsource services to a third-party consultant and/or miscellaneous fees applicable to the specific claim applied by an outside entity, such as a court or copy services. Below, George Hills has provided a nonexhaustive list of typical allocated expenses.

Paid to GH
• CMS reporting costs and fees (ExamWorks)
Paid to Others as Authorized by Client
• Fees of outside counsel for claims in suit, coverage opinions, and litigation, and for representation and hearings or pretrial conferences
• Fees of court reporters
• All court costs, court fees, and court expenses
• Fees for service of process
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• Costs of undercover operatives and detectives (if initially paid by GH) • Costs for employing experts for the preparation of maps, professional photographs, accounting, chemical or physical analysis, or diagrams
• Costs for employing experts for the advice, opinions, or testimony concerning claims under investigation or in litigation for which a declaratory judgement is sought • Costs for independent medical examination or evaluation for rehabilitation • Costs of legal transcripts of testimony taken at coroner’s inquests, or criminal or civil proceeding
• Costs for copies of any public records or medical records • Costs of depositions and court reporting
• Costs and expenses of subrogation (if not George Hills) • Costs of engineers, handwriting experts, or any other type of expert used in the preparation of litigation or used in a one-time basis to resolve disputes • Witness fees and travel expenses
• Costs of photographers and photocopy services (if not George Hills; our costs for this are included in our rate)
• Costs of appraisal fees and expenses not included in flat fee or performed by others • Costs of indexing claimants
• Services performed outside the TPAs normal geographical regions • Costs associated with Medicare Set-Aside analysis and submission of Medicare Conditional Lien negotiation
• Investigation of possible fraud including SIU services and related expenses Any other similar cost, fee, or expense that is not otherwise included in the TPAs service fees that is reasonably chargeable to the investigation, negotiation, settlement, or defense of a claim or loss or to the protection or perfection of the subrogation rights of the entity, including travel related expenses.

Travel Related
Costs of travel related to claims including mileage drive, such as for attendance at inspections, mediations, and trial, shall be allocated to the specific claim and reimbursed to GH based on the actual cost incurred. Mileage shall be reimbursed at the current IRS rated at the time the mileage is traveled. 1288
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OPTIONAL SERVICES
Full In-House Litigation Management – Use of George Hills’ Attorneys Name and Title
Years of
Experience
Role for the Client
Neil Callahan, Esq.

Litigation Manager
25 Serves as a Litigation Manager for several
clients, monitoring counsel, and as a
resource to our claims staff.

Benjamin Oram, Esq.

General Counsel/Litigation
Manager
15 Serves as a Litigation Manager for several
clients, monitoring counsel, and as a
resource to our claims staff.

Cornelius (Neil) Callahan, Esq., Litigation Manager: Mr. Callahan has over 25 years of experience defending public entities on high profile claims in state and federal courts. Mr. Callahan commenced his career practicing law in New York, New Jersey, and Connecticut. In 1999 he began practicing law in California, where he served as lead trial counsel for public entities in the areas of civil rights, police practices, and dangerous condition defense. He has tried multiple cases to jury verdict in both state and federal court having been the lead defense attorney in 13 trials, with 12 defense verdicts. His emphasis has been on defending and advising public entities involved in civil litigation.

Past cases include officer-involved shootings, excessive force, unlawful seizure, dangerous condition, discrimination, and harassment. He is experienced in all aspects of litigation including discovery, depositions, motion practice, arbitrations, administrative hearings, mediations, and trials.

Benjamin Oram, Esq., General Counsel/Litigation Manager: Ben serves as George Hills’ General Counsel/Litigation Manager. He currently serves as a Litigation Manager for several clients, monitoring counsel, and as a resource to our claims staff.

George Hills’ proactive approach is founded on our commitment to the preservation of the City’s assets. Early contact with all involved parties maintains lines of communication and rapport (not only with the insured but also with the claimant); hence, cost-saving opportunities to resolve claims efficiently are more plentiful.

Here is an outline of their role and how it would work for the City:

1. Serve as Litigation Manager (Specifics of the role below) i. Actively manage all watchlist files (parameters of a watchlist to be agreed upon through subsequent discussions)
ii. Manage and supervise all litigated files – claims adjusters will track the nonserious and/or non-active litigated files, with the support of Claims Processors, and report to the City
iii. Accessible to the entire GH adjuster team to advise and instruct as needed

2. Serve as Outside General and Special Counsel – limited basis 1289
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i. Work closely with the City with confidential analysis and problem-solving for managing risk and avoiding unnecessary litigation
ii. Provide immediate access to legal advice to the City, which includes analyzing coverage issues, Public Records Act requests, tort claim handling and strategy, conflicts of interest, oversight of outside litigation counsel, and providing legal opinions on potential and active litigation
iii. Advise on sensitive and political issues/claims

3. Coverage counsel consultation
i. Review and analysis of memorandums of coverage and excess/umbrella policies to address and offer advice and consultation regarding coverage issues ii. Advise on potential changes to all coverage documents iii. Assist City and George Hills staff in interpretation of coverage issues

4. Resource to a broker of record for coverage needs

5. Trial/Mediation/Board Meeting attendance
i. Attend board/executive/coverage/claims meetings (as necessary) ii. Attend trials, mediations, and other court hearings, including appearing before Courts of Appeal as needed
iii. Provide analysis and consultation before, during, and after these significant litigation events – to reduce exposure and maximize opportunities for resolution

6. Legal training and seminars
i. Provide customized seminars and training upon request – to City staff, brokers, members, and GH staff
ii. Subject areas include memorandums of coverage, all aspects of risk management, claims handling and litigation, employment law, and general liability claims iii. Courses are customized to address the client’s specific needs and to work closely with safety and loss staff, defense firms, and others
Rates for Optional Legal Service
Litigation Management $225/hour
This rate is subject to the annual fee escalator.

Please note that George Hills can provide a monthly/annual fixed fee for the above services upon discussion and agreement on level of effort.
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1st Party Subrogation Recovery
George Hills provides subrogation recovery services to many of our clients. In 2013, George Hills created a dedicated Subrogation Recovery Unit to handle recovery opportunities for our clients who have requested or contracted with us for subrogation recovery services. [images]
George Hills has a dedicated team with extensive experience in the public entity environment who handle all 1st party subrogation matters for our clients who choose this service. Below are testimonials from a few of George Hills’ subrogation clients:

PUBLIC ENTITY TESTIMONIAL STATEMENT
Client of
Sacramento
Risk & Loss Control
“We have utilized the George Hills Subrogation unit for several years, and simply put - they get results. They have a wealth of knowledge and expertise. Our 1st and 3rd party claims are always handled promptly and professionally. Partnering with George Hills for subrogation has proven to be a wise decision for our Client.” City of Sacramento
Risk Management
“We are pleased to be partnering with George Hills for our subrogation recovery services. They provide quality staff and services.”
City of Oakley
Kevin Rohani, Public
Works Director/City
Engineer
“The City of Oakley has utilized the services of George Hills Subrogation Team for several years, and we have been very happy with this service and the professional approach that the George Hills Team brings towards the subrogation process. The knowledge and expertise of the George Hills Team has been invaluable for the City of Oakley, and we are very grateful for their great work in resolving our assortment of third-party claims and we are looking to many more years of successful collaboration with the George Hills Team.” City of Redlands
Human
Resources/Risk
Management
“The City of Redlands is always pleased and impressed at the excellent service, attention and professionalism that is used by their claims adjusters. In particular, Tammy Hunt and Vicky Jimenez. They are a pleasure to work with and make the claims recovery process run smoothly and effectively. We are very happy with the results and recovery efforts that they deliver. We highly recommend their services and appreciate the level of excellence that they offer to us as the client.” Quick Stats on George Hills’ Subrogation Recovery Results 2,139 - Average number of subrogation claims handled
yearly
91% - of claims handled result in a Recovery
80% - of claims result in a full recovery (including GH Fees) 84% - of amounts sought for our clients are recovered
Average recovery: $4,239/claim
George Hills’
subrogation recovery
unit has performed
spectacularly,
recovering several
million dollars on
behalf of our clients.
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City of Oakland
Human Resources
Management/Risk
Management Unit
“We have utilized the George Hills Subrogation unit for several years, and they get excellent results. They have a wealth of knowledge and expertise, and their professionalism and prompt attention to our needs is second to none. There’s no better service out there that can beat them, and the rates are below the typical rates offered by other vendors. Our third-party claims are always handled promptly and professionally. Our partnership has proven itself to be the best decision for our City.”
Our standard subrogation fee is 30% of the amount collected, however George Hills has been successful more than 80% of the time collecting our feeds, this equating to recovery essentially free of charge. The minimum amount to be paid to George Hills will be $250 per claim. However, George Hills also has the authority to reject any claim for any reason, dismissing the City of any financial responsibility for rejected claims only.

Generally, no recovery shall be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than a one-year term. Exceptions can be made on a case-by-case basis. If a recovery is agreed to above this amount, the subrogation fee shall be 45%. In the event a payment plan is authorized and entered, the subrogation fee will be based upon the total amount of the lien and will be invoiced to the City.

If authorized, small claims court appearances for recovery of funds will be priced at $150 per appearance.

The benefits of George Hills’ subrogation recovery:
• High-level expertise of subrogation recovery
• Recovery of damages to property, utilities, hazardous material cleanup • Small claims
• Preparation of proof of loss statements
• Claim reporting activity, demand letters, final demand to claimant with suspended license, closing and/or payment transmittal
• Settlements
• File retention
• Development of policy and procedures
• Provision of account manager and lead subrogation adjuster 1292
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PART 8: CONTRACTUAL

REQUIREMENTS
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PART 8: CONTRACTUAL REQUIREMENTS
A. EXCEPTIONS
The City expects to retain an adjusting firm to serve for a period of at least 3 calendar years with annual extensions thereafter. A 60-day cancellation clause will be included.

In this part, provide information regarding any special contractual requirements your firm desires. The awarding firm shall execute the attached sample contract with the City. Identify any exceptions to the City contract form.

PROPOSED CONTRACT EXCEPTIONS TO

CITY OF RICHMOND STANDARD CONTRACT
George Hills Company, Inc. hereby submits the following explanation and recommendation for exceptions, alterations, and/or modifications to the sample contract. George Hills Company has reviewed the Standard Contract and is willing to submit to the terms and conditions therefore with the following proposed change identified below. Alternatively, George Hills Company has included a copy of its standard contract in Part 10: Appendices on page 83 as an option for the City to consider.

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

Exhibit D: General Conditions
Section 17. Insurance. Insurance Requirements are set forth in in Exhibit F to this Contract.

Contractor shall abide by the insurance requirements set forth in said Exhibit F.

Exhibit F: Insurance Provisions
City of Richmond - Insurance Requirements - Type 2 Professional Services Original Language in City documents:

The section entitled “Required Coverage” and “Minium Limits” states:
$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.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
1) Explanation of Reason for Change:

It is proposed that the highlighted section be deleted. The insurance obtained by George Hills meets all limits.
2) Proposed Alternative Language:
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$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.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
3) Description of Impact to Price:

This change has no impact on price.

The section entitled “Required Policy Conditions” references specific ISO form numbers as the standard for policy language and coverage.
1) Explanation of Reason for Change:

Through consultation with the broker for George Hills, the carriers providing coverage use proprietary forms generally accepted and in common use in the insurance industry, but which do not always bear any specific ISO number. While George Hills believes all of its forms would be compliant with the requirements of the City, it has not undertaken the legal analysis to guarantee a finding of “at least as broad as” any specific ISO form. George Hills will provide for insurance forms to the City for analysis consistent with this requirement. 2) Proposed Alternative Language:

George Hills proposes that the above highlighted sections be changed to read, “…written on an occurrence form reasonably acceptable to the City and in common use in the insurance industry for the identified coverage.”
3) Description of Impact to Price:

This change has no impact on price.

The section entitled “Required Policy Conditions” includes this subsection:

Primary and Non-Contributory. 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 selfinsurance 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. 1) Explanation of Reason for Change:

Through consultation with the insurance broker for George Hills, it is understood that establishing a policy as Primary & Non-Contributory is appropriate for the Commercial General Liability policy, however, the workers’ compensation, professional liability and umbrella/excess policies are not Primary & Non-Contributory for Additional Insureds. 2) Proposed Alternative Language:

Primary and Non-Contributory. The contractor’s General Liability 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. 3) Description of Impact to Price:
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This change has no impact on price.

The section entitled “Required Policy Conditions” includes this subsection:

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. 1) Explanation of Reason for Change:

George Hills recommends including insurers that are rated “A-” rather than “A”. “A-” is still a secured rating from A.M. Best. Arthur J. Gallagher, the insurance broker for George Hills, has stringent guidelines for insurers that we do business with and “A-” rated insurers provide high quality policies and services but gives George Hills much more flexibility when placing insurance coverage where an “A” rated insurer may not be available at an acceptable price. 2) Proposed Alternative Language:

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 3) Description of Impact to Price:

This change has no impact on price.

The section entitled “Required Policy Conditions” includes this subsection:

Cancellation. Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. 1) Explanation of Reason for Change:

Contractor cannot agree to thirty (30) days notice in connection with “any other cancellation or policy change. George Hills may not be provided with notice within that time frame and therefore could not provide more notice that it was given by the carriers making the change. 2) Proposed Alternative Language:

In the event George Hills receives notice of cancellation from the insurer of any of the insurance required under this agreement, George Hills will provide City of Richmond written notice of such pending cancellation within five (5) business days of receipt of such notice from the insurer. George Hills shall use all reasonable efforts to remedy the cause of such cancellation notice, or will find replacement insurance meeting the requirements of this agreement, and shall provide City of Richmond with written notice that such cancellation has been rescinded, or shall provide a new Certificate of Insurance evidencing the replacement insurance, prior to the date the pending cancellation was to become effective, such that no lapse in the required insurance shall occur.
3) Description of Impact to Price:

This change has no impact on price.

The section entitled “Verification of Coverage” includes this paragraph:

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. 1296
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1) Explanation of Reason for Change:

George Hills cannot control the production of certificates from an insurance carrier. George Hills will provide certificates within a reasonable time following receipt of a request from the City.
2) Proposed Alternative Language:

All original certificates and endorsements shall be received and approved by the highlighted sentence of the requirement. The City of Richmond reserves the right to require request complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
3) Description of Impact to Price:

This change has no impact on price.

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

George Hills requests that certificates of insurance be emailed to the City upon request rather than utilizing US Mail.
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PART 9: INSURANCE

COMPLIANCE
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PART 9: INSURANCE COMPLIANCE
A. EVIDENCE OF INSURANCE REQUIREMENTS
The successful firm must be able to provide evidence of insurance coverage as follows:

A. Professional Liability including Errors and Omissions coverage of at least $1,000,000 per occurrence.

B. Comprehensive General or Commercial General Liability (including for each Bodily Injury, Personal Injury, and Property Damage) of at least $2,000,000 per occurrence, and $4,000,000 general aggregate; and Auto Liability with limits of at least $1,000,000 combined single limit. The City will require an Additional Insured endorsement.

C. Worker’s Compensation Insurance with statutory limits and Employer’s Liability Coverage of $1,000,000 per accident.

D. Refer to the attached City contract for specific requirements related to insurance.

George Hills can affirm insurance coverage and will be able to provide evidence of insurance coverage upon award. Please see the exceptions in Part 8: Contractual Requirements on page 50. 1299
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PART 10: APPENDICES
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PART 10: APPENDICES
FORMS
Ban the Box Form & Attached George Hills Job Application 1301
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Disclosure Statement for Limited Liability Companies
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Sanctuary City Compliance Statement
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SAMPLE REPORTS
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SAMPLE PLAN OF ACTION
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RESUMES
John Chaquica

CPA, MBA, ARM
Chief Executive Officer
[email protected] (916) 859-4824
George Hills Job Description
The Chief Executive Officer (CEO) establishes and lives by the corporate vision; develops and implements the George Hills’ Strategic Plan’ provides leadership; and fosters the culture through our values to achieve plan objectives. As lead on George Hills’ Corporate Management Team (CMT), the CEO works with management to establish long-term goals, plans, and policies that align with organizational goals. The CEO provides coaching, guidance, and support to the team while setting professional development plans to assure all managers reach their full potential and deliver the highest standard of Division, cross-Divisional, and cross-Company teamwork and customer service.

Professional Experience
• George Hills, CEO
• Bickmore Risk Services, CEO
• Multiple Public Entity Self-Insurance Pools, Executive Director/Consultant • Gilbert Accountancy Corporation, Audit Partner and Industry Team Leader on Public Entity Self-Insured Groups
• Executive Director of: Independent Cities Risk Management Authority (ICRMA), Bay Cities Joint Powers Insurance Authority, Valley Insurance Program (VIP), Santa Cruz/San Benito JPA, North Valley Schools Insurance Group (NVSIG)
Professional Affiliations
• American Institute of Certified Public Accountants (AICPA) • California Society of Certified Public Accountants (CSCPA) • Court Appointed Special Advocates (CASA), Sacramento
Education
• Golden Gate University – M.A., Business Administration/Finance • California State University, Sacramento – B.S., Accounting • Insurance Institute of America – Associate in Risk Management (ARM) 1319
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Chris Shaffer
ARM/P
Chief Operating Officer
[email protected]
George Hills Job Description
Responsible for managing operations for the Claims Administration Division. Works with the CEO and other management to establish long-term goals, plans, and policies that align with organizational goals. Provides coaching, guidance, and support to the team while setting professional development plans to ensure all employees reach their full potential and deliver the highest standard of departmental, cross-departmental, and cross-Company teamwork and customer service.

Professional Experience
• George Hills, Vice President of Claims
o Oversees all Division personnel, specifically in the areas of performance, productivity, profitability, and client satisfaction. Technical Liaison to CMIS for Claims regarding all claims reports, reporting controls, security, and consistent report quality. Direct supervisorial duties and overall internal and external audit processes, reporting, and changes to best practices as suitable. Develops and orchestrates adjuster trainings in collaboration with the Client Service Manager and CMIS, to include assessment of staff, planning and training events, and individual trainings company-wide.

Responsible for litigation audits and oversight.
• York Risk Services Group, Managing Vice President Client Services o Promoted to oversee a $125M business unit. Responsible for contract renewals and renegotiations, upselling and cross-selling of ancillary and new services to the existing client base, and implementation of services for existing and new accounts. Supervised 14 account managers and 4 analysts. Directed system deployment and process improvement initiatives. Administered a $2M budget.
• York Risk Services Group, Vice President of Information Services & Chief Business Systems Officer
o Member of the Senior Management Team, responsible for management reporting, business analysis, business advocacy within the IT unit, process improvement, and the delivery of business system solutions and changes to maximize efficiency and reduce risk. Worked closely with the Project Management Office (PMO) and IT development teams. Supervised 8 analysts and 4 developers. Provided support for renewal, marketing, sales, and client services efforts. • Bragg & Associates, Vice President – Information Services o Oversaw critical technology initiatives for this $18M company that was acquired by York Risk Services Group in 2008. Supervised teams of developers and analysists.

Planned and led complete enterprise project life cycles. Developed policies and procedures. Created process enhancements.

Education
• University of Utah - BA
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Tom Baber
ARM
Assistant Vice President of Claims
[email protected]
George Hills Job Description
Responsible for managing operations for the Claims Administration Division. Works with the CEO and other management to establish long-term goals, plans, and policies that align with organizational goals. Provides coaching, guidance, and support to the team while setting professional development plans to ensure all employees reach their full potential and deliver the highest standard of departmental, cross-departmental, and cross-Company teamwork and customer service.

Professional Experience
• George Hills, Assistant Vice President
• York Insurance Services Group, Inc., Vice President Liability Claims Operations • Gregory B. Bragg & Associates, Vice President - Liability Education
• UC Santa Barbara – BS, Physiological Psychology
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Kathleen Proctor

WCCA, CFE
Client Services Manager
[email protected]
George Hills Job Description
The Client Services Manager ensures that existing customers are retained, satisfied, and their needs are fulfilled. Builds relationships with customers and uses independent judgment and discretion to facilitate resolution of problems, issues, and concerns. Understands the balance, inter-relation, and nuances between operations, sales, and customer service. Works as a liaison between customers and George Hills to support the Company’s business operations.

Professional Experience
• Heringer Estates Winery, Sales Director
o Developed and implemented sales strategies with associates. Assisted with business decisions by creating annual business sales and marketing plans. Analyzed market trends and identified expansion opportunities. Worked closely with marketing staff to develop and implement marketing strategies. Managed and supported private label and wholesale clients and sales. Directed and supervised managers and their channels, including developments of annual budgets and staff scheduling. • George Hills, Quality Assurance Operations Manager
o Reviewed and evaluated the performance of managers and production of annual client reports. Reviewed and evaluated office performance, including: financial and expense management, technical growth, training, quality assurance, customer service, staffing, and recruiting. Ensured office compliance with state regulations.

Focused on facility training to guarantee quality services. • City of Stockton, Risk Manager
o Developed and administered a comprehensive risk management program. Operated as the City’s designated Safety Officer and ADA Compliance Officer. Served as a Director of the Board and actively participated in the California Joint Powers Risk Management Authority Insurance Pool. Developed and administered the City’s Subrogation program, designed to reduce the frequency and severity of loss to City personnel and property. Reviewed all City contracts and leases for risk exposure and transfer.

Education
• California State University, Sacramento – BS, Criminal Justice • Insurance Educational Association – Workers Compensation Claims Administrator (WCCA) • Association of Certified Fraud Specialists – Certified Fraud Examiner (CFE) 1322
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Marizel Bajao
Senior Claims Adjuster
[email protected] (408) 260-0153
George Hills Job Description
The Senior Claims Adjuster handles multi-line claims, including investigating and adjusting minor to complex property and liability claims for clients including municipalities, schools (public and charter), and private companies. Investigates, negotiates, and settles a variety of claim types, including general liability bodily injury and property damage, auto liability bodily injury and property damage, first party property claims, due process claims, and subrogation claims.

Maintains timely contact with clients, including reporting on claim files to clients and various excess carriers. Manages litigated files, monitors and directs defense counsel on litigation, and attends settlement conferences and mediations.

Professional Experience
• George Hills, Senior Claims Adjuster
o Multi-line claims adjuster specializing in adjusting and investigations of minor to complex casualty claims for public entity clients and insurance company clients.

Extensive experience investigating, negotiating, and settling bodily injury claims, physical damage, product, and food-related illness claims, as well as general liability claims including construction defect litigation.
• Crawford & Company, Liability Claims Adjuster & Liability Claims Supervisor o Provided professional staff support to Casualty Adjusters and Vehicle Appraisers.

Responsible for restoration of confidence of major corporate accounts. Developed under-performing units into high quality, productive, service-oriented units achieving management goals for excellent client relations and high revenue growth.

Improvement of respective units using inherited staff, thus demonstrating motivational and mentoring abilities.
o Provided Risk Management services for major, self-insured, and national accounts.

Assisted national insurance carriers with complete accident investigations and claims handling. Investigated, negotiated, and settled all bodily injury, property damage, physical damage, uninsured motorist bodily injury, product, and food borne illness claims. Managed litigated files and attended court-ordered settlement conferences and mediations. Maintained timely written reports to all clients.

Education
• San Jose State University - BA
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Wesley Mao
Senior Claims Adjuster
[email protected]
George Hills Job Description
The Senior Claims Adjuster handles multi-line claims, including investigating and adjusting minor to complex property and liability claims for clients including municipalities, schools (public and charter), and private companies. Investigates, negotiates, and settles a variety of claim types, including general liability bodily injury and property damage, auto liability bodily injury and property damage, first party property claims, due process claims, and subrogation claims.

Maintains timely contact with clients, including reporting on claim files to clients and various excess carriers. Manages litigated files, monitors and directs defense counsel on litigation, and attends settlement conferences and mediations.

Professional Experience
• Carl Warren & Company, Senior Claims Specialist
o Analyzed and determined extent of commercial general liability concerning Metro bus and train losses or damages, and attempted to affect settlement with claimants and attorneys. Corresponded with and interviewed medical specialists, bus and train operators and supervisors, agents, police, medical professionals, witnesses, or claimants to compile information for investigation. Handled litigated files effectively and in constant communication with defense counsel throughout the duration of the claims.
• Progressive Insurance, Claims Specialist
o Investigated, evaluated, and negotiated injury settlements with claimants and attorneys. Calculated and executed payment of claims. Consistently exceeded company performance standards by maintaining a low number of pending files. • GMAC Insurance, Claims Representative
o Investigated, evaluated, and negotiated bodily injury, property damage, medical, uninsured motorist bodily injury, and collision claims. Maintained daily contact with insureds, claimants, attorneys, and auto body repair specialists while handling and negotiating property damage and bodily injury claims. Performed field inspections of damaged vehicles to determine repairs or total.

Education
• California State Polytechnic University – BS, Business Administration 1324
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Tammy Hunt
CCLS
Subrogation Supervisor
[email protected]
George Hills Job Description
Oversees the subrogation division and manages claim assignments. Maintains subrogation client relations, including face-to-face meetings and the client’s convenience and need. Prepares for, files, and attends small claims trials on behalf of all clients. Pursues all legal remedies available for postjudgment collection after small claims judgements. Aggressively pursues subrogation recovery services for clients and prepares specialized reports for clients as appropriate and necessary.

Professional Experience
• George Hills, Subrogation Supervisor
o Oversees the subrogation recovery division. Investigates and pursues potential subrogation opportunities. Maintains timely contact with claimants, including reporting on claim files. Manages litigated files and attends settlement conferences and mediations.
• City of Stockton, Recovery Analyst, Human Resources Program Assistant, Legal Secretary II o Worked on criminal and civil litigation cases in the City Attorney’s office. Handled subrogation cases. Operated with approximated 1,000 case workload. Maintained property, general liability, auto, crime, council bonds, notary public, and other insurance programs.

Education
• Humphreys College – BS, Paralegal Studies
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Edie Yamamura
Senior Subrogation Specialist
[email protected]
George Hills Job Description
The Senior Subrogation Specialist deals directly with clients, exercising their independent judgment and personal discretion on matters relating to claims analysis, claims management, and claims resolution/settlement with multipart cases, including but not limited to spending time on the phone with claimants, clients, and attorneys; conducting initial investigations; negotiating resolution of complex claims; interviewing and recommending legal counsel for retention by Company clients; and collaborating with counsel in preparation for litigation including assembling evidence.

Professional Experience
• Risk Management Services, Field Claims Adjuster
o Performed field investigation as a TPA for various insurance carriers and government entities for general liability claims as well as subrogation. Duties included contact with insureds and claimants to set up in-person recorded statements, reporting to the carrier, analysis of damages, negotiation of settlements, work with both defense and plaintiff attorneys to effectuate eventual settlement, and attendance in small claims court, mediations, and settlement conferences in both State and Federal Courts. • Claims Unlimited, Field Claims Adjuster
o Performed field investigation as a TPA for various insurance carriers and government entities for general liability claims as well as subrogation. Duties included contact with insureds and claimants to set up in-person recorded statements, reporting to the carrier, analysis of damages, negotiation of settlements, work with both defense and plaintiff attorneys to effectuate eventual settlement, and attendance in small claims court, mediations, and settlement conferences in both State and Federal Courts.

Education
• Associate in Claims (AIC)
• St. Louis Community College – Associate Degree: Retail Management 1326
George Hills, City of Richmond RFP
Our minds over your matters — 83

SAMPLE CONTRACT
1327
George Hills, City of Richmond RFP
Our minds over your matters — 84
1328
George Hills, City of Richmond RFP
Our minds over your matters — 85
1329
George Hills, City of Richmond RFP
Our minds over your matters — 86
1330
George Hills, City of Richmond RFP
Our minds over your matters — 87
1331
George Hills, City of Richmond RFP
Our minds over your matters — 88
1332
George Hills, City of Richmond RFP
Our minds over your matters — 89
1333
George Hills, City of Richmond RFP
Our minds over your matters — 90
1334
George Hills, City of Richmond RFP
Our minds over your matters — 91
1335
George Hills, City of Richmond RFP
Our minds over your matters — 92
1336
George Hills, City of Richmond RFP
Our minds over your matters — 93
1337
George Hills, City of Richmond RFP
Our minds over your matters — 94
1338
George Hills, City of Richmond RFP
Our minds over your matters — 95
1339
George Hills, City of Richmond RFP
Our minds over your matters — 96
1340
George Hills, City of Richmond RFP
Our minds over your matters — 97
1341
George Hills, City of Richmond RFP
Our minds over your matters — 98
1342
George Hills, City of Richmond RFP
Our minds over your matters — 99
1343
George Hills, City of Richmond RFP
Our minds over your matters — 100
1344
George Hills, City of Richmond RFP
Our minds over your matters — 101
1345
George Hills, City of Richmond RFP
Our minds over your matters — 102
1346
George Hills, City of Richmond RFP
Our minds over your matters — 103
1347
George Hills, City of Richmond RFP
Our minds over your matters — 104
1348
George Hills, City of Richmond RFP
Our minds over your matters — 105
1349
George Hills, City of Richmond RFP
Our minds over your matters — 106
1350
George Hills, City of Richmond RFP
Our minds over your matters — 107
1351
George Hills, City of Richmond RFP
Our minds over your matters — 108
1352
George Hills, City of Richmond RFP
Our minds over your matters — 109
1353
George Hills, City of Richmond RFP
Our minds over your matters — 110
1354
George Hills, City of Richmond RFP
Our minds over your matters — 111
1355
George Hills, City of Richmond RFP
Our minds over your matters — 112
1356
George Hills, City of Richmond RFP
Our minds over your matters — 113
1357
George Hills, City of Richmond RFP
Our minds over your matters — 114
1358
George Hills, City of Richmond RFP
Our minds over your matters — 115
1359
George Hills, City of Richmond RFP
Our minds over your matters — 116
1360
George Hills, City of Richmond RFP
Our minds over your matters — 117
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