Agenda — Richmond City Council, September 10, 2024 (part 2 of 3)

July 2, 2024

Library and Community Services

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager – Community
Services
Sam Vaughn, Deputy Director for Community Services –
Office of Neighborhood Safety
Michael Romero, Community Crisis Response Program
Manager

Subject:

Contract with National Institute for Criminal Justice Reform for Data Management and Visualization Services.

FINANCIAL IMPACT: The proposed contract amount of $26,400 for six months is included within the approved fiscal year 2024 – 2025 budget for the Community Crisis Response Program.
(01401113 400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Community Crisis Response is requesting City
Council approval of a sole-source contract with National Institute for Criminal Justice Reform to provide data
management and visualization services.

RECOMMENDED ACTION: APPROVE a contract with the National Institute for Criminal Justice Reform to provide data management
and visualization services for an amount not to exceed
$26,400 with a contract term from October 1, 2024, to
March 31, 2025 – Community Services Department (Sam
Vaughn 510-620-5404/Michael Romero 510-620-6791).

AGENDA
REPORT
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Page 2 of 2 ends

July 2, 2024
DISCUSSION:

The Community Crisis Response Program (CCRP) seeks approval for a sole-source contract with The National Institute for Criminal Justice Reform (NICJR) for six-month term from the period from October 1, 2024, to March 31, 2025. Additional information about CCRP can be found at https://www.ci.richmond.ca.us/4705/Community-Crisis- Response-Program.

The NICJR will provide the CCRP data collection, management and data visualization services, and support to the CCRP Manager. CCRP is closely connected with the City’s Office of Neighborhood Safety (ONS) and currently sits under the leadership of the Deputy Director of Community Services – ONS. Due to this connection and the extensive knowledge NICJR has in the realm of violence prevention work, the NICJR will support the overarching implementation goals for CCRP. The NICJR will provide specific tools to alleviate and better track significant data that will support and provide specific metrics to aid program development.

The NICJR is a non-profit that works to reduce incarceration and violence, improve the outcomes of system-involved youth and adults, and increase the capacity and expertise of the organizations that serve these individuals. NICJR provides technical assistance, consulting, research, organizational development, and advocacy in the fields of juvenile and criminal justice, youth development, and violence prevention. City staff believe this partnership and the data collection, management and data visualization services provided by NICJR will help with the continued successful implementation of the Community Crisis Response Program.

DOCUMENTS ATTACHED:

Attachment 1 – NICJR Standard Contract
Attachment 2 – Approved Sole Source for NICJR
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CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

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

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
277
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

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1 Richmond, CA Training and Technical Assistance Scope of Work The National Institute for Criminal Justice Reform (NICJR) strives to reduce incarceration and violence, improve the outcomes of system-involved youth and adults, and increase the capacity and expertise of the organizations that serve these individuals. NICJR works with an array of government agencies, nonprofit organizations, and philanthropic foundations to provide technical assistance, consulting, research, organizational development, and advocacy in the fields of violence reduction, juvenile and criminal justice, and youth development.

Scope of Work
NICJR will provide the following services to the City of Richmond.

Information about NICJR’s full suite of gun violence reduction strategy (GVRS) services can be found at the conclusion of this document.

Data Collection and Management Technical Assistance
Data-Driven Performance Management Process Design. NICJR will work with City stakeholders to establish a data-driven performance management processes. This will include defining goals the city intends to achieve through its violence reduction efforts, along with performance measures and metrics. NICJR will also support the City in establishing a monthly meeting to review goals, performance measures, and metrics and hold partners accountable to achieving agreed-upon objectives.

Data Collection and Management Tool Identification/Development. NICJR will work with City stakeholders to identify a data management system that will both function best for the implemented programming and support the collection and management of data relevant to the identified goals, measures, and metrics. NICJR will also provide performance management report forms and data collection tools to this end, including forms and tools for staff development, program development, reporting, and data collection.

Technical Assistance Budget and Timeline
NICJR proposes a six month scope of work commencing on 10.01.24.

DELIVERABLE TASK UNIT COST TOTAL COST
Data-Driven Performance
Management Process
Virtual TA / In-
Person TA
$250/hr for 36
virtual hours $9,000
Database Collection and
Management Tools flat rate $15,000
Subtotal $24,000
10% Indirect $2,400
TOTAL $26,400
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2 Project Team Qualifications
David Muhammad is the Executive Director of NICJR and provides oversight to all NICJR projects. David serves as lead consultant and technical assistance provider to gun violence reduction strategies in jurisdictions throughout the country. As one of the lead consultants for the City of Oakland’s GVRS, David helped the city achieve five consecutive years of decline in gun violence. David also helped manage the primary community-based organization providing services to Ceasefire clients, Community & Youth Outreach (CYO). David created the Life Coach position at CYO, writing the position description and hiring and training staff. David also developed the data-driven performance management of CYO, including a data dashboard that captures the work and deliverables of Life Coaches. A former correctional administrator, David served as Chief Probation Officer of the Alameda County Probation Department in California. In this role, he was responsible for overseeing 20,000 youth and adults under the supervision of the Department, two juvenile facilities, 600 staff members, and a $90 million budget. He significantly expanded community-based services available to system-involved youth. From 2010 to 2011, David also served as Deputy Commissioner of the Department of Probation in New York City, the second largest Probation Department in the US.

Shantay Jackson is the Violence Reduction Project Manager at NICJR. In this role, she provides technical assistance to National Offices of Violence Prevention Network members, oversees the development of NICJR’s SafeStat pilot project, and plays a key role in other innovative initiatives related to gun violence. Prior to NICJR, Shantay served as Executive Director of the Mayor’s Office of Neighborhood Safety and Engagement in Baltimore City. As a member of Mayor Brandon M. Scott’s Cabinet, she was responsible for addressing violence as a public health issue; serving as the accountability partner for all city agencies and local, state, and federal partners; delivering public safety policy recommendations; and conducting meaningful engagement with Baltimore City’s neighborhoods in the work of co-producing public safety.

Before dedicating her life to public service, Shantay spent almost 20 years in the private sector as the Assistant Vice President of Global Business Solutions and Technology at T. Rowe Price & Associates and a Principal at Brown Advisory.

NICJR Gun Violence Reduction Strategy Services
NICJR works with multiple jurisdictions across the country to develop, implement, and refine effective gun violence reduction strategies. This work typically includes some or all the following research, training, and technical assistance services:

Gun Violence Assessment. This assessment offers a high-level overview of a jurisdiction’s gun violence problem through analysis of publicly available data on the jurisdiction’s fatal and non- fatal shootings in the past 12–24 months.

Gun Violence Problem Analysis (GVPA). Using detailed data provided by the jurisdiction, the Gun Violence Problem Analysis examines fatal and non-fatal shootings in the past 12–24 months in a given jurisdiction to determine the specific nature of gun violence and the characteristics that are unique to the groups and individuals at highest risk of being involved in gun violence, in order to focus interventions.
280

3 Violence Prevention Landscape Analysis. This landscape analysis provides a comprehensive portrait of a jurisdiction’s existing violence prevention initiatives as well as the services and supports available to those engaged in or at highest risk for violence. Examining both government and community-based resources, this analysis is a valuable tool for identifying service gaps and opportunities for increased coordination and collaboration.

Director Support. Having a local director responsible for the management of GVRS is critical to its success. Throughout all of the activities described below, NICJR works closely with and helps to train the local GVRS coordinator or director to ensure that the GVRS model is implemented successfully and with fidelity to the jurisdiction’s needs. NICJR also supports the director in building and maintaining partnerships, establishing a strong working relationship with local law enforcement, and implementing processes for continuous quality improvement.

Shooting Reviews. NICJR supports jurisdictions as they establish and/or refine a regular (weekly or bi-weekly) meeting of key law enforcement personnel including police, sheriff, jail, probation, parole, etc. In this meeting, staff review each shooting that has occurred since the previous meeting, discussing why the shooting occurred, who is known to have been involved, what gang and group dynamics may be at play, and whether there is risk for retaliation and by whom. Based on this discussion, staff identify groups and individuals on whom to focus interventions.

Coordination Meetings. NICJR also supports jurisdictions as they establish and/or refine regular Coordination Meetings. Immediately following each Shooting Review, the law enforcement liaison (or team) should meet with the managers of the community-based organizations tasked with engaging high-risk individuals and/or the local office of violence prevention to share information from the Shooting Review, including individuals identified as likely to retaliate or be retaliated against, to inform the development of plans for outreach and engagement.

Direct Communications. Once identified, individuals at very high risk should be informed of their risk and offered support. This direct and respectful communication is usually done in a group setting (Community Safety Meeting) or a small meeting with the individual (Individual Notification). NICJR supports the development and implementation of these communications.

Intensive Engagement / Life Coaching. Once individuals have been identified as being at very high risk of being involved in a shooting and directly and respectfully informed of their risk, they are then offered real and substantial services, supports, and opportunities—most importantly, intensive engagement with a life coach. NICJR supports the development of program protocols, equips the jurisdiction with management tools, and provides training and technical assistance to help staff become life coaches. NICJR also provides training and technical assistance to partnering community-based organizations and works to foster collaboration and coordination among city and community-based partners.

NICJR’s suite of trainings includes but is not limited to Intensive Life Coaching / Credible Messenger Mentoring, Gun Violence Reduction Strategy, and Positive Youth Development and Positive Youth Justice. NICJR also offers a train-the-trainer course on the Healthy, Wealthy, & Wise curriculum, a culturally relevant, trauma-informed cognitive behavioral therapy program 281

4 developed by NICJR specifically to reach very high-risk youth and young adults. Additionally, NICJR is able to develop custom trainings based on a jurisdiction’s specific needs and goals.

Focused Enforcement. For those individuals who continue to engage in violence, there is follow-up supervision and focused enforcement by police, probation, parole, and prosecutors.

NICJR works with law enforcement to develop individual and group-specific plans as well as to develop performance metrics to successfully implement a focused enforcement effort that prioritizes gun violence and de-prioritizes minor offenses, producing the net effect of a reduced law enforcement footprint and increased public safety.

Data Collection and Management. NICJR helps local jurisdictions identify and implement data management systems that will function best for their work. NICJR also provides management report forms, data collection tools, and baseline performance metrics. Additionally, NICJR supports jurisdictions in establishing data-driven performance management processes.

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For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 283
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

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

City of Richmond

Richmond, CA 94804-0046

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

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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 285
General Conditions/EJ/TE 01-19-11 2 of 13

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

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 287
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 288
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 290
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 291
General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 292
General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 293
General Conditions/EJ/TE 01-19-11 10 of 13

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

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

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

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

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

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

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

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

294
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

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

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

296
General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 297
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

298

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, (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.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
299
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

300
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Required Coverage

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

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

301
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 302
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
303
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

304
305
306
307
308

Page 1 of 2 ends

09/10/24

Mayor's Office

DATE: September 10, 2024
TO: Members of the City Council
FROM:

Mayor Martinez and Councilmember Zepeda
Subject:

Mexican Independence Day and the Independence Days
of Latin American Countries in the month of September
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City of Richmond recognizes September as a month
of celebration for the independence days of Mexico,
Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, Chile, and Belize. This proclamation honors
the rich cultural contributions of our Latin American
communities and reaffirms our city's commitment to
inclusivity and unity, celebrating the shared history and diversity that enrich our community.

RECOMMENDED ACTION: PROCLAMATION recognizing Mexican Independence Day and the Independence Days of Latin American
Countries in the month of September - Mayor Martinez
(510-620-6503) and Councilmember Cesar Zepeda (510-
620-6593).

DISCUSSION:

September is a significant month for Richmond's diverse Latin American communities, marking the independence days of several nations, including Mexico, Costa Rica, El AGENDA
REPORT
309

Page 2 of 2 ends

09/10/24
Salvador, Guatemala, Honduras, Nicaragua, Chile, and Belize. These celebrations not only honor the rich cultural heritage of these countries but also highlight the resilience and contributions of our Latin American residents. The City of Richmond recognizes the importance of these histories in shaping our community and reaffirms its commitment to inclusivity, unity, and respect for all cultures. By commemorating these independence days, we strengthen our shared values and celebrate the vibrant diversity that enriches our city.

DOCUMENTS ATTACHED:

Attachment 1 – Mexican Independence Day and the Independence Days of Latin American Countries in the month of September

310

Mayor Eduardo Martinez
City of Richmond
September 10, 2024

Councilmember Cesar Zepeda
District 2
City of Richmond
Recognizing Mexican Independence Day and the Independence Days of Latin American Countries
WHEREAS, the City of Richmond is home to a vibrant and diverse community, including residents from various Latin American countries who contribute greatly to the cultural, social, and economic fabric of our city; and WHEREAS, September is a significant month for Mexico and several Latin American nations, we celebrate the independence day of El Salvador, Guatemala, Honduras, and Nicaragua on September 15th, Mexico and Costa Rica on September 16th, Chile on September 18th, and Belize on September 21st; and WHEREAS, these independence days commemorate the historic struggles and sacrifices made by these nations in their pursuit of freedom and self-determination, serving as a powerful reminder of the shared values of liberty, justice, and the right to self-governance; and
WHEREAS, the City of Richmond acknowledges the importance of celebrating these significant cultural events as a way to honor the rich heritage and history of our Latin American residents, fostering a sense of unity, inclusivity, and pride within our diverse community; and
NOW, THEREFORE, BE IT RESOLVED that I, Mayor Eduardo Martinez, on behalf of the Richmond City Council, do hereby proclaim September 2024 as a month of recognition for the independence days of Mexico, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Chile, and Belize, and encourage all residents to join in the celebration of our shared history and the cultural contributions of our Latin American community.
311

Page 1 of 2 ends

09/10/24

Mayor's Office

DATE: September 10, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez and Councilmember Doria
Robinson
Subject:

September as National Service Dog Month
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City of Richmond recognizes September as National
Service Dog Month to honor the essential role service
dogs play in assisting individuals with disabilities. This proclamation highlights our commitment to inclusivity and raising awareness about the life-changing impact of
these remarkable animals in our community.

RECOMMENDED ACTION: PROCLAMATION recognizing September as National Service Dog Month - Mayor Eduardo Martinez (510-620-
6503) and Councilmember Doria Robinson (510-620-
6568).

DISCUSSION:

September is a month for raising awareness about the invaluable role service dogs play in the lives of individuals with disabilities. These specially trained animals provide essential support, enabling greater independence and improving the quality of life for their handlers. The City of Richmond recognizes the critical contributions of service AGENDA
REPORT
312

Page 2 of 2 ends

09/10/24
dogs and the organizations that train them, underscoring our commitment to inclusivity and accessibility for all residents. By proclaiming September as National Service Dog Month, we not only honor these remarkable animals but also promote understanding and respect for the rights of individuals with disabilities, reinforcing our dedication to building a supportive and equitable community.

DOCUMENTS ATTACHED:

Attachment 1 – September as National Service Dog Month

313

Mayor Eduardo Martinez
City of Richmond
September 10, 2024

Councilmember Doria Robinson
District 3
City of Richmond
Recognizing September as National Service Dog Month
WHEREAS, the bond between humans and dogs has been cherished for centuries, with 69 million households across the United States sharing their lives with at least one dog, providing companionship, joy, and unconditional love; and WHEREAS, for the 64 million Americans living with disabilities, service dogs offer far more than companionship—they provide essential assistance, independence, and security, performing tasks that are vital to the daily lives of their handlers; and WHEREAS, service dogs are specially trained to perform tasks such as guiding individuals with visual impairments, alerting those with hearing impairments, assisting individuals with mobility challenges, and providing support for individuals with other physical and mental health conditions; and
WHEREAS, National Service Dog Month, observed every September, serves as a critical time to raise awareness of the indispensable role that service dogs play in our communities and to acknowledge the dedication of the organizations, which work tirelessly to train and place service dogs with individuals in need; and
WHEREAS, the City of Richmond is committed to fostering a community that is inclusive and supportive of all its residents, including those living with disabilities, and recognizes the importance of service dogs in enhancing the quality of life for their handlers; and WHEREAS, by proclaiming September as National Service Dog Month, the City of Richmond seeks to champion the rights of service dogs, promote understanding of their vital role, and encourage our community to engage in activities that highlight the work and impact of these extraordinary animals;
NOW, THEREFORE, I, Mayor Eduardo Martinez, on behalf of the Richmond City Council, do hereby proclaim September 2024 as National Service Dog Month in the City of Richmond, and urge all residents to join in recognizing the valuable contributions of service dogs and to support the ongoing efforts to ensure that individuals with disabilities have access to the life-changing assistance that these dogs provide. 314
09/10/2024

Mayor's Office

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Appointment of Lorene Holmes Dees to the Commission
on Aging
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Lorene Holmes Dees is applying for an unexpired term
on the Commission on Aging and the Mayor’s Office is
recommending appointment of Ms. Dees to this
commission.

RECOMMENDED ACTION:

APPOINT Lorene Holmes Dees to the Commission on
Aging with an unexpired term that ends May 19, 2026 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Lorene Holmes Dees brings three decades of educational experience that will enable her to disseminate information detailing services and other activities to keep AGENDA
REPORT
315
09/10/2024
Richmond’s senior population informed of resources available to them. Lorene will also be able to use knowledge gained by being a member of both the Pinole and Berkeley Senior Centers to bring new ideas and different viewpoints to the Commission on Aging.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application for Lorene Holmes Dees 316
317

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09/10/2024

Mayor's Office

DATE: September 10, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Appointment of Rachel Lockett to the Planning
Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Rachel Lockett is applying for the vacant seat on the
Planning Commission with an unexpired term.

RECOMMENDED ACTION:

APPOINT Rachel Lockett to an unexpired term on the
Planning Commission with a term that expires on June
30, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Rachel Lockett’s experience as a program/project manager, focused on efficient and sustainable design with a vision to build equitable structures for all, aligns with the goals of the City. She will bring her experience, passion, and dedication as valuable assets to the Planning Commission.

DOCUMENTS ATTACHED:

Attachment 1 – Rachel Locket’s Redacted Application
AGENDA
REPORT
318
319

Page 1 of 2 ends

September 10, 2024

Mayor's Office

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Liana Ngo is applying for Richmond Shimada Friendship
Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Liana Ngo is applying for a vacant seat on the Richmond Shimada Friendship Commission
RECOMMENDED ACTION:

APPOINT Liana Ngo to the Richmond Shimada
Friendship Commission with a term expiring on
December 31, 2027 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION:

Liana Ngo has experience working with the Richmond Shimada Friendship Commission as a volunteer in the past in which she has shown passion and commitment to core AGENDA
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September 10, 2024
initiatives of the group. Liana’s focus on cultural awareness and promotion of intercultural exchange will serve well in her appointment to the Richmond Shimada Friendship Commission.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application for Liana Ngo

321
322

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09/10/2024

Mayor's Office

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Appointment to the Richmond Youth Council
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Jayden White is applying for a vacant position on the
Richmond Youth Council
RECOMMENDED ACTION:

APPOINT Jayden White to the Richmond Youth Council
to fill a vacant seat with a term that expires on October 1, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).

DISCUSSION:

Jayden White has shown exceptional leadership through active participation in the San Pablo Youth Commission, student leadership roles, ministry engagements, and as president of both the sophomore class and several school clubs.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application for Jayden White

AGENDA
REPORT
323
324

Page 1 of 3 ends

September 10, 2024

Police Department

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Second Amendment to the Contra Costa County Animal
Services Agreement
FINANCIAL IMPACT: The estimated expenditure of $1,239,566 is included in the proposed Police Department budget for Fiscal Year
2024-2025 (Account String 01191021-400221).

PREVIOUS COUNCIL
ACTION:

July 19, 2022
November 28, 2023

STATEMENT OF THE
ISSUE:

The City of Richmond entered into an agreement with the Contra Costa County Animal Services Department for
State mandated services provided to the City’s residents.

The City is entering the first of three one-year term
extensions and needs to add funds and extend the
termination date.

RECOMMENDED ACTION:

APPROVE and AUTHORIZE funding in the amount of
$1,239,566 for Contra Costa County Animal Services for
the Fiscal Year 2024-2025, for a total contract amount
not to exceed $3,130,321; and extend the contract
termination date to June 30, 2025, for a term from July 1, 2022, through June 30, 2025 – Police Department (Chief
Bisa French 510-621-1802).

AGENDA
REPORT
325

Page 2 of 3 ends

September 10, 2024
DISCUSSION:

The City of Richmond entered into a City-County Animal Services Agreement (Agreement) with the Contra Costa County Animal Services Department (County) to provide State-mandated animal-related services to the City’s residents. The Agreement began on July 1, 2022 and had a two-year term with an ending date of June 30, 2024.

The Agreement was amended by the County to correct section 13.a.iiii. and was approved by Richmond City Council on November 28, 2023. The Agreement will automatically renew for successive three-year periods until either party terminates the Agreement by giving the other party 90-days advance written notice of termination.

The County uses the formula below and is based on the City’s population according to the California Department of Finance Demographic E1 report published at the beginning of each Calendar year. For this reason, the City was not able to accurately estimate the total amount due for Fiscal Year 2024-2025 when the Agreement was first taken to Council on July 19, 2022:

For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) the County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

On May 28, 2024, the County sent a letter to the City regarding the FY 2024/25 annual fee (Attachment 1). The letter states the following:

On February 29, 2024, Contra Costa Animal Services (CCAS) advised each of the 18 contracted cities of the per capita cost set at $12.11 for FY 2024/25 pursuant to the City-County Services Agreement. After engaging with our city partners, additional budgetary analysis, and per the direction of the County Board of Supervisors on April 23, 2024, the Department reduced its FY 2024/25 expenditures budget by $1,224,922. This reduction included an adjustment of the 326

Page 3 of 3 ends

September 10, 2024
proposed personnel allocations, along with city fee and general fund contributions.

Therefore, the adjusted FY 2024/25 City Fees, which are equal to the total County cost, minus the sum of the animal licensing and user fees, minus the County General Fund contribution, per section 13.a.iii in the City-County Services Agreement, are now:

+Total Animal Services Cost $ 16,603,285 (adjusted)
-Total Licensing and User Fee Revenue $ 1,650,000
-Total General Fund Contribution $ 5,585,389 (adjusted) =Total City Fees $ 9,367,896 (adjusted)

The adjusted per capita rate has been revised to $10.92. Based on your city’s population according to the California Department of Finance Demographic E1 report as of January 1, 2024, the revised cost for animal services for Fiscal Year 2024/25 for the City of Richmond will be $1,239,566.

Per the letter, the City of Richmond is mandated to pay $1,239,566 for services provided in FY 2024/25. The City of Richmond Police Department staff believes the County services are the most economically feasible way to provide animal services to its residents and therefore asks that City Council approve the one-year term extension for FY 2024/25 in the amount of $1,239,566.

DOCUMENTS ATTACHED:

Attachment 1 – FY2024/25 City Fee Letter
Attachment 2 – Revised Services Agreement
Attachment 3 – Original Agreement

327

Animal Services Department
4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400

Ben Winkleblack
Director
Contra Costa County

5/28/2024

Ms. Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza Ste 300
Richmond, CA 94804

Dear Ms. Curl,

On February 29, 2024, Contra Costa Animal Services (CCAS) advised each of the 18 contracted cities of the per capita cost set at $12.11 for FY 2024/25 pursuant to the City-County Services Agreement (attached letter). After engaging with our city partners, additional budgetary analysis, and per the direction of the County Board of Supervisors on April 23, 2024, the Department reduced its FY 2024/25 expenditures budget by $1,224,922. This reduction included an adjustment of the proposed personnel allocations, along with city fee and general fund contributions.

Total Animal Services Cost
$ 16,603,285 (adjusted)
Total Licensing and User Fee Revenue $ 1,650,000
Total General Fund Contribution $ 5,585,389 (adjusted)

Total City Fees $ 9,367,896 (adjusted)

Sincerely,

Ben Winkleblack, CAWA
Director
Contra Costa Animal Services

328

AMENDMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE CITY OF

RICHMOND, CA ANIMAL SEVICES AGREEMENT
County of Contra Costa (“County”), a political subdivision of the State of California, and the City of Richmond (“City”), a municipal corporation of the State of California and in the County, hereby execute this administrative amendment to the City-County Animal Services Agreement, effective July 1, 2022 (“Agreement”), to correct an error in the Agreement and to accurately reflect the original intent and agreed upon terms between the City and County. NOW THEREFORE, County and City hereby amend the Agreement, as follows:

1. Correct Section 13.a.iii. of the Agreement. To accurately reflect the original intent and agreed upon terms between the City and County, Section 13.a.iii. of the Agreement is hereby amended to remove the erroneous clause “…of the unincorporated area plus the…” Section 13.a.iii. is therefore deleted in its entirety and replaced with the below Section 13.a.iii., as set forth below:

13. … a. … iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

2. Aside from the amended Section 13.a.iii of the Agreement, set forth above, all other terms and conditions of the Agreement shall remain in effect as provided therein. Furthermore, nothing in this amendment to the Agreement shall be construed to affect the interpretation of any other section(s) of the Agreement, except for those explicitly referenced above.

COUNTY: CITY

_________________________________ __________________________________

By: Beth Ward

Title: Animal Services Director

Date: ____________________________
By: _____________________________

Title: ____________________________

Date: _____________________________

DocuSign Envelope ID: 1A1067EF-52C1-451C-AD9E-5C5F4BBC0DA0 10/3/2023
DocuSign Envelope ID: FCCC236F-272E-4A5F-AF5C-2A9B21CFF407 Eduardo Martinez
Mayor
12/8/2023
329
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of Richmond, a municipal corporation in the County ("City"), enter int o this City-C ounty Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).

1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.

Division 416 establishes requirements and procedures for animal control by t
he County’s Animal Services Department. This Agreement is entered into to m
emorialize the County’s provision of Animal Services and enforcement of Division 416 within the City as provided in Section 416-4.208, and as authorized by California Government Code section 51301.

2. Enforcement Duties and Personnel. The County will enforce Division 416 within the City’s boundaries. The City hereby designates and appoints the County's Animal Services Director and his or her staff as public officers of the C
ity for the purposes of this Agreement and enforcing and carrying out its provisions.

3. Scope of Services.
a. In addition to enforcing Division 416, t he County will provide to the City the Field Services, Shelter Services, and Deceased Animal Services described in this Agreement (collectively, “Animal Services”) in the m
anner provided for in this Agreement. During periods of emergency (such as fire, earthquake, flooding, pandemic), it might not be possible to pr
ovide the Animal Services to the same extent and within the same time fr
ames as during non-emergency times.
b. Calls made to the County for services that are not provided by the County pursuant to this Agreement will be referred back to the City in which the c
all was requested. In such a case, the City is responsible for determining t
he next appropriate action.
c. The County will provide Animal Services within the City’s boundaries in accordance with all applicable federal, state, and local laws, including the O
rdinance Code.

4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have life- threatening conditions.
b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in pr
ogress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 330
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.

5. Field Services. The County will provide the following services (collectively, “Field Services”) within the City upon a request from a City resident or person within the boundaries of the City.
a. Pick up and attempt to return to their owners domesticated animals that are found “at large,” to the extent possible without impoundment by relying on the animal’s identification, including dogs, trapped, injured, or sick cats, and other small, domesticated animals, including rabbits, chickens, turkey, geese, and ducks, but excluding wildlife, such as deer, mountain lions, opossums, wild turkeys, raccoons, skunks or squirrels unless a rabies exposure has occurred.
b. Investigate complaints of animal bites, rabies exposure and attacks to humans or domestic animals, including documenting the incident, interviewing witnesses, quarantining animals, preparing and transporting animals for rabies testing, and investigating any alleged violations of a quarantine order.
c. Enforce provisions governing potentially dangerous and dangerous animals, including but not limited to investigating complaints, designating animals, impounding animals, conducting hearings, and issuing permits for animals designated dangerous or potentially dangerous. d. Enforce provisions governing barking dogs and other noisy animals, including but not limited to conducting hearings.
e. Respond during regular business hours to police or fire department calls for assistance regarding animal-related issues. The County may provide after-hours warrant support to the City with advance notice, if County Animal Services personnel are available and willing to volunteer for the assignment, and provided the City pays additional fees sufficient to cover the County’s actual costs.
f. Investigate, cite, impound, and seek resolution of complaints regarding potential mistreatment of domestic animals by their owners.

6. Response Times for Field Services.
a. The County will attempt to respond to requests for Field Services during the hours and within the times specified in this section. The County shall maintain records of its response times to calls for Field Services. i. Priority 1 calls are Emergency Calls, which are calls for assistance from police or fire personnel and calls regarding rabies exposure, dangerous animals, and Critically Sick or Injured Animals.

1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 331
3 holidays.

2. For ninety-five percent (95%) of responses to Priority 1 calls, County personnel will attempt to arrive on the scene within two (2) hours from the time when the call for service is received by County staff.
ii. Priority 2 calls are calls to pick up animals that were at large but have since been confined at a location within the County, and calls regarding urgent, animal-related requests for assistance not involving Critically Sick or Injured Animals.

1. The County will respond to Priority 2 calls during regular Field Services hours.

2. For eighty percent (80%) of responses to Priority 2 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 12 hours from the time the call for service is received by County staff.

3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.

4. The County may respond to Priority 2 calls by taking a report by phone or by contacting parties and witnesses at the scene. iii. Priority 3 calls are all other calls, such as calls regarding animals at large, animals causing a nuisance, and dead animals.

1. The County will respond to Priority 3 calls during regular Field Services hours.

2. For sixty-five percent (65%) of responses to Priority 3 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 24 hours from the time the call for service is received by County staff.

3. The County will respond to calls received outside of regular Field Services hours on the next day.

4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.

5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.

7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 332
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 333
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.

8. Deceased Animal Services. The County will provide the following services within the City in response to calls regarding deceased animals during regular Field Services hours:
a. Pick up deceased domestic animals, wildlife, and livestock from public property.
b. With property owners’ consent, pick up deceased domestic or wild animals from private property for a fee based on the Department’s fee schedule paid directly to the County Animal Services Department by the property owner or reporting party.
c. Identify and notify the owner of deceased animals, whenever possible. d. Dispose of the body of any deceased animal picked up by the County.

9. Excluded Services. The County will not provide the following services to the City under this Agreement:
a. Respond to requests for removal of live or deceased marine animals and disposal of deceased marine animals.
b. Pick up and transport wildlife, including baby birds. c. Pick up live animals for surrender. The County may, at its discretion, accept live animals belonging to County residents for surrender at the Martinez shelter and charge a fee to the animal owner or property owner as part of its regular operations.
d. Respond to pest control issues (i.e., infestations, perceived or real, of squirrels, rats, mice, insects, gophers, wasps, bees, spiders, or other pests).
e. Respond to calls regarding live, sick and injured racoons, opossum, deer, mountain lions, coyotes, wild turkeys, wild pigs, peacocks, or other wildlife unless a rabies exposure has occurred. The County will refer calls regarding live wildlife to the California Department of Fish and Wildlife.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 334
6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.

11. Performance and Activity Reports. The County will deliver to the City within 14 days of the end of each quarter, an Animal Control and Results Report summarizing Animal Services provided by the County to the City during the previous quarter and including year-to-date data. This report will include the following information:
a. The total number of calls for service received by the County under this Agreement, identified by type of service and Priority level. b. A response time report identifying response times by Priority level. c. The outcomes for animals impounded, identified by City/County jurisdiction.
d. The number of calls for service received from City residents or persons within the City’s boundaries.
e. A listing of dogs registered to City residents identified as potentially dangerous or dangerous (PDA/DA) that have a valid County-issued PDA/DA permit.

12. Fees and Fines. Pursuant to Food and Agricultural Code Section 30652, all fees and fines collected by the County for providing Animal Services to the City shall be deposited into the County Treasury and shall be used to meet the County’s cost of providing Animal Services to the City.

13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 335
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services.

For
example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,00, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97
[($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.

14. Term; Termination.
a. The term of this Agreement begins on the Effective Date and continues for two (2) years. This Agreement shall automatically renew for successive three-year periods until either party terminates this Agreement by giving the other party 90 days advance written notice of termination.
b. This Agreement shall automatically terminate if the County repeals Division 416 or if the City repeals its resolution incorporating and applying Division 416 within the City.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 336
8 c. The County may terminate this Agreement if the City fails to pay the Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.

15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, with respect to the subject matter hereof. Any amendment to this Agreement must be in writing and approved by the Contra Costa County Board of Supervisors.

16. Governing law; Venue. This Agreement shall be governed by the laws of the State of California. Any dispute arising out of or related to this Agreement shall be brought in Contra Costa County Superior Court.

17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:

If to County:

Director, Animal Services
4800 Imhoff Place
Martinez, California 94553-4300
If
to City:
__________________________
__________________________
__________________________
__________________________
The parties are signing this Agreement as of the Effective Date set forth above.

COUNTY CITY
By: Beth Ward By:

Title: Animal Services Director Title:

Date: Date:

City of Richmond
1701 Regatta Blvd.

Richmond, CA 94804
c/o Richmond Police Dept.

Thomas K. Butt
Mayor
DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 7/22/2022
7/22/2022
337

Page 1 of 3 ends

September 10, 2024

Police Department

DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Three-year Contract with Enformion to Provide Data
Analytics to Richmond Police Department Staff.

FINANCIAL IMPACT: The estimated first year expenditure of $60,000 will come from Richmond Police Departments approved Fiscal
Year 2024-2025 budget, with remaining contract years
budgeted appropriately (Account string 01194021
400209)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City of Richmond Police Department is seeking a 3-
year contract with the Enformion LLC corporation, a data analytics company that provides public records and data solutions for government agencies. Enformion offers
tools for investigative purposes by aggregating and
analyzing data from a wide range of sources to assist
with criminal investigations.

RECOMMENDED ACTION:

APPROVE a three-year contract with Enformion, a data
analytics company that provides public records and data solutions for government agencies, for a total of
$250,000, for the contract term from September 11,
2024, through September 10, 2027, with two one-year
mutually agreed upon extensions at $85,000 for each
extension year – Police Department (Chief Bisa French
510-621-1802).

AGENDA
REPORT
338

Page 2 of 3 ends

September 10, 2024

DISCUSSION:

The City of Richmond Police Department (RPD), and more specifically the Criminal Investigations Bureau, conducts various investigations related to crimes and incidents within the City of Richmond. Various tools and methods are used in the identification and ability to locate victims, witnesses, suspects and associates. The ability to locate and identify comprehensive background information and insights about individuals and entities can be critical to completing investigations. Enformion LLC will allow investigators and analysts to gather a broad spectrum of information about their subjects.

Background:

On January 8, 2024, RPD, in accordance with City of Richmond’s purchasing guidelines, issued a Request for Proposals (RFP) with a due date of February 9, 2024.

Six hundred and ten (610) vendors were notified, and RPD received three proposals from Mission Critical Partners (MCP), Enformion LLC, and Thomson Reuters CLEAR.

MCP was excluded from the review process as the proposal MCP submitted was for a different type of service. Out of a possible 200 points, Thomson Reuters CLEAR scored 177 points and Enformion LLC scored 190 points. Thomson Reuters CLEAR and Enformion LLC gave presentations to RPD staff and answered questions. RPD staff found that both vendors scored equally on references, Thomson Reuters CLEAR scored slightly higher on cost, but Enformion LLC scored the highest on their products user interface and search results, which carried the most weight. Having an interface that is not only easy to use, but also gives clear results is key to collecting the best information possible on potential suspects, and/or, leads. The Selection Committee preferred Enformion LLC as the service provider for the requested service based on the scoring across three categories: customer references, user acceptance, and cost.

Current Situation:

The RPD does not currently have a vendor providing access to these vital records, limiting our ability to gather actionable intelligence, conduct thorough investigations and ultimately support the pursuit of justice in criminal cases.

Funding:

Enformion’s base annual fee is $60,000 per year; however, additional and very useful premium services may be utilized and come with a cost of $1,300 (per 1,000 searches) for Nationwide Realtime Arrest and Incarceration Searches, and $4,500 (per 1,000 searches) for Realtime Social Media Searches. RPD staff estimates that the use of the premium services can range from 2,000 to 3,000 searches annually. Additionally, RPD 339

Page 3 of 3 ends

September 10, 2024
Staff anticipates that Code Enforcement may use approximately $10,000 of services, and therefore would like the approval of the contingency amount of $70,000 over three years to cover any premium services and services shared by Code Enforcement.

Recommendation:

RPD staff recommend awarding a $250,000 three-year contract, with two mutually agreed upon extension years at $85,000 for each extension year ($60,000 base year and $25,000 for additional, as-needed services), to Enformion LLC. Overall, Enformion LLC serves as a powerful investigative tool that can significantly enhance the efficiency and effectiveness of investigations across various domains.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Request for Proposal
Attachment 3 – Bid Summary
Attachment 4 – Enformion Proposal

340

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to

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

5. City's Obligations.

City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Police Eric Tam
[email protected] (510) 621-1819
Subscription service to vendor's database for investigative purposes (software only - no professional services)
September 11, 2024
September 10, 2027
250,000
as the “City”) and the following named Contractor:

Company Name:

Enformion LLC
Street Address: 1915 21st Street
City, State, Zip Code: Sacrament o, CA 95811
Contact Person: Charlie Circiretto
(916) 733-6136Telephone: Email: [email protected] Business License No:

Expiration Date:

A California [ ] corporation, [ ] ✔ limited liability corporation [ ] general partnership, [ ] limited partnership, [
] individual, [ ] non-profit corporation,
[ ] individual dba as [specify:] ,
[ ] other [specify:]
341

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

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

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

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

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

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

By:

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

Date Signed:

B
y :

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

B
y :

B y : T
i t l e :

City Attorney
Date
Signed:
(NOTE:

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

LIST OF ATTACHMENTS:

Service Plan
Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Enformion LLC
342
For the Contract between the City of
Richmond and

EXHIBIT A

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

Enformion LLC
Offer site licenses to Enformion Enterprise system access. The annual $60,000 standard subscription access will include site licenses for all members of Richmond PD requiring access, unlimited public record searches, and user account set up with initial training provided as part of the on-boarding package. Additional premium services are optional and it is not guaranteed that Richmond Police Department Staff will use such services. The premium services are as follows: Nationwide Real-time Arrest and Incarceration Service, priced at $1,300 per 1,000 searches; and, the Real-time Social Media Search, priced at $4,500 per 1,000 searches.
343
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

Eric Tam
Enformion LLC
Police
Eric Tam
344
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

Attention: City of Richmond
Project Manager: Department:
1701 Regatta Blvd.

Richmond, CA 94804

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

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

Enformion LLC
PoliceEric Tam
Eric Tam
345
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices . All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

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

City of Richmond
Richmond, CA 94804-0046

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

Enformion LLC
Enformion LLC
Eric Tam
1915 21st Street
Sacrament, CA 95811
CCharlie CCirciretto
1701 Regatta Blvd.
346
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 347
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable int ellectual properties
without restriction of any kind said license.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 348
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expens
e, furnish all facilities and
equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for a ny further
period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

8. Changes and Extra Work
. All changes and/or extra work under this
Contract shall be performed and paid for in accordance with the following:

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

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

351
General Conditions/EJ/TE 01-19-11 6 of 13

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

15. Indemnification
.

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

17. Insurance
. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City . No official or
employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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.

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

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

24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 355
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
356
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

32. Claims
. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

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

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, C
ontractor warrants as follows: Contractor possesses
good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 357
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr
ovisions or portions or applications
thereof, shall not be affected thereby.

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

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

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

39. Performance and Final Acceptance
.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 358
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Cont
ract Payment Limit. Should Contractor fail to make
necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

41. Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement.
359
For the Contract between the City of
Richmond and

EXHIBIT E

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

None
Enformion LLC
360
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Enformion LLC
361
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 1 of 4
Revised: June 2023
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.