October 1, 2024
Community Development
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Community Development Director
Avery Stark, Principal Planner
Kimberly Y. Chin, Senior Asst. City Attorney
Subject:
Repeal of Richmond Municipal Code Chapter 9.64 -
Prohibition of Natural Gas Infrastructure in Newly
Constructed Buildings
FINANCIAL IMPACT: The repeal of the subject Ordinance will not have a fiscal impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
In November 2021, the City of Richmond passed
Ordinance No. 15-21 N.S, effectuating a Prohibition of
Natural Gas Infrastructure in Newly Constructed
Buildings.
STATEMENT OF THE
ISSUE:
In California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found the City of
Berkeley’s ordinance prohibiting natural gas
infrastructure in new buildings unlawful. Since the City of Richmond’s ordinance is modeled after Berkeley’s
ordinance, repeal of Ordinance No. 15-21 N.S is
necessary to avoid possible litigation or other legal issues in the future.
RECOMMENDED ACTION:
ADOPT an ordinance (second reading) repealing
Chapter 9.64 to the Richmond Municipal Code (RMC),
which bans natural gas infrastructure in new construction - Community Development Department (Lina
Velasco/Avery Stark 510-620-6714).
AGENDA
REPORT
361
October 1, 2024
BACKGROUND:
In July 2019, the City of Berkeley passed Ordinance 7672-NS entitled “Prohibition of Natural Gas Infrastructure in New Buildings” (“Berkeley Ordinance”). The Berkeley Ordinance was codified at Berkeley Municipal Code Chapter 12.80. In relevant part, the Berkeley Ordinance seeks to “eliminate obsolete natural gas infrastructure and associated greenhouse gas emissions in new buildings where all-electric infrastructure can be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas.” It does so by:
(1) prohibiting natural gas infrastructure (defined as “fuel gas piping, other than service pipe, in or in connection with a building . . . extending from the point of delivery at the gas meter”) in newly constructed buildings (defined as “a building that has never been used or occupied for any purpose”) with limited exceptions, (2) deeming that requirement “objective planning standards under Government Code section 65913.4 and objective development standards under Government Code section 65589.5,” and (3) applying that requirement to Use Permit and Zone Certificate applications submitted on or after the effective date of the ordinance.
In November 2021, the City of Richmond (“City”) passed Ordinance No. 15-21 N.S, which added the same prohibition of natural gas infrastructure in newly constructed buildings as Chapter 9.64 to the Richmond Municipal Code. The wording of the City’s ordinance is nearly identical to the Berkeley Ordinance and the prohibition applies to “Design Review Permits, Use Permit[s], and/or Zoning Compliance Review applications.” The differences between the City’s ordinance and the Berkeley Ordinance are minor and inconsequential to this analysis.
In November 2019, the California Restaurant Association (“CRA”) sued Berkeley claiming the federal Energy Policy and Conservation Act (“EPCA”) and state law pre- empted the Berkeley Ordinance. Berkeley moved to dismiss the lawsuit, which the District Court did, concluding that the EPCA should be “interpreted in a limited manner” so that it does not “sweep into areas that are historically the province of state and local regulation.” CRA appealed to the Ninth Circuit Court of Appeals.
Ninth Circuit Decision
The Ninth Circuit reversed the District Court’s decision. It held, in relevant part, that the EPCA preempts building codes like the Berkeley Ordinance which ban natural gas piping within new buildings. Specifically, EPCA has a preemption clause, which reads, “no State regulation concerning the energy efficiency, energy use, or water use of such covered product shall be effective with respect to such product.” The Ninth Circuit ruled the Berkeley Ordinance concerns the energy use of covered products because it prohibits consumers from using natural gas-powered appliances in newly constructed buildings. It held, “by enacting EPCA, Congress ensured that States and localities could not prevent consumers from using covered products in their homes, kitchens, and businesses. So EPCA preemption extends to regulations that address the products themselves and building codes that concern their use of natural gas.” The Court found “Berkeley can’t bypass EPCA’s preemption of building codes that directly ban covered 362
October 1, 2024
products by instead simply prohibiting the piping that transports natural gas from the utility’s meter to the appliance.”
DISCUSSION:
Because the City’s ordinance is nearly identical to the Berkeley Ordinance, the Ninth Circuit’s decision, holding that the Berkeley Ordinance is preempted by federal law, applies equally to the City’s ordinance.
Furthermore, on May 14, 2024, the City of Berkeley adopted an ordinance repealing Chapter 12.80 to the Berkeley Municipal Code (BMC), which bans natural gas infrastructure in new construction. The repeal of the adopted ordinance resolved the litigation.
After the amended decision was issued on January 2, 2024, relevant City staff were directed, on January 19, 2024, to cease enforcement of the City’s Ordinance. The City has not enforced the Ordinance since that time. As such, staff recommends that the City Council adopt an ordinance (see Attachment 1) repealing Chapter 9.64 of the Richmond Municipal Code (RMC), which bans natural gas infrastructure in new construction, to avoid possible litigation or other legal issues in the future. In addition, the CRA has sent the City a letter requesting that the City repeal its ordinance or make a public announcement suspending its enforcement (see Attachment 2).
FUTURE POLICY CONSIDERATION:
Moving forward, staff will continue to encourage all-electric construction by sharing its many benefits, some of which include:
Cleaner air and better health outcomes from eliminating the emissions associated with burning fossil fuels, particularly indoors. Not having to pay to install gas pipes in new buildings. Taking advantage of financial incentives and rebates for all-electric appliances. Resilience against power outages, particularly when electric technologies are paired with battery storage.
Hedging against high energy costs by being able to schedule electric appliances to operate at times of day when electricity costs are lowest. Preparing for the potential discontinuation of gas appliances in the future that could occur from possible regulatory actions by regional, state, or federal agencies.
More efficient appliances.
Reduced risk of combustion in the event of an earthquake.
Community Development and Environmental and Health Initiatives staff are exploring future policy options to bring to the City Council for consideration that would support 363
October 1, 2024
achieving the greenhouse gas reduction goals expressed in the Climate Action Plan. that motivated the adoption of the natural gas ban. Some options could include adopting local amendments to the Building Code to establish an energy reach code that considers Richmond’s unique local climatic, geological, topographic conditions.
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance
Attachment 2 – Letter from the California Restaurant Association
364
September 24, 2024
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND REPEALING RICHMOND MUNICIPAL CODE CHAPTER 9.64 - PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN
NEWLY CONSTRUCTED BUILDINGS
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Richmond Municipal Code (“RMC”) periodically to comply with recent federal and state law enactments and decisions and to achieve more efficient enforcement of code violations to promote public healt h, safety, and welfare; and
WHEREAS, in light of the Ninth Circuit Decision of California Restaurant Association v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024), with an ordinance functionally indistinguishable from Berkeley’s Ordinance, the City Council has identified the entire Chapter 9.64 of the RMC relating to regulations on a prohibition of natural gas to be preempted; and
WHEREAS, the City wishes to ensure that the RMC’s provisions for natural gas are consistent with federal and state law for accuracy in enforcement and transparency for the public; and
WHEREAS, said repeal to the RMC are permitted by law, including the California Constitution, Government Code, and Civil Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND HEREB Y ORDAINS AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are incorporated herein.
SECTION 2: Chapter 9.64 of the City of Richmond Municipal Code, entitled “PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS” is hereby repealed in its entirety.
SECTION 3: Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remainin g portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 4: Effective Date.
This Ordinance becomes effective thirty (30) days after its final passage and adoption.
365
September 24, 2024
-------------------------------------------------
First introduced at a regular meeting of the City Council of the City of Richmond held ________________ and finally passed and adopted at a regular meeting held _________________________by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
366
Silicon Valley • New York • Atlanta • Washington, D.C. • Austin Sarah O. Jorgensen
1201 West Peachtree Street, Suite 2300
Atlanta, GA 30309
Direct Dial: (650) 623-1403
[email protected]
July 29, 2024
VIA EMAIL
Dave Aleshire
City Attorney
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
Re: Impact of Cal. Rest. Ass’n v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024) on Ordinance No. 15-21 N.S.
Dear Mr. Aleshire:
Our firm has been asked to review the validity and enforceability of City of Richmond’s gas prohibition ordinance (No. 15-21 N.S.) (the “Ordinance”) on behalf of the California Restaurant Association. In the recent decision in California Restaurant Ass’n v. City of Berkeley, 89 F.4th 1094 (9th Cir. Jan. 2, 2024), a case in which our firm represents the Association, the Ninth Circuit held that Berkeley’s similar ordinance was preempted by federal law.
Upon reviewing the Ordinance, we have concluded that it is functionally indistinguishable from Berkeley’s Ordinance and is therefore preempted. It does not appear that the City has taken steps to repeal or suspend enforcement of the Ordinance. We would prefer to resolve this issue informally and amicably and thus are reaching out to see whether further discussion would be helpful in resolving this situation short of an adversarial process.
As set out in Article IX of the Richmond Code of Ordinances, the city prohibits natural gas infrastructure in newly constructed buildings. Richmond Code of Ordinances, Article IX (Health), Chapter 9.64 (Prohibition Of Natural Gas Infrastructure In Newly Constructed Buildings), Sec. 9.64.040 (Prohibited natural gas infrastructure in newly constructed buildings).
The Ordinance is invalid and is not enforceable because it is preempted by federal law.
Binding Ninth Circuit precedent compels that conclusion. In California Restaurant Ass’n, the Ninth Circuit held that the City of Berkeley’s ban on natural gas infrastructure in new buildings was preempted by the federal Energy Policy and Conservation Act (“EPCA”), §§ 6201-6422.
EPCA sets national energy policy, including federal energy conservation standards for residential and commercial appliances. To avoid a patchwork of conflicting state and local regulations, EPCA expressly preempts any state or local regulation “concerning the energy efficiency, energy use, or water use of” a covered appliance. 42 U.S.C. § 6297(c). As the Ninth Circuit explained, EPCA reaches building code provisions and preempts ordinances that, like Berkeley’s, prevent the use of gas by covered appliances; although Berkeley banned gas piping 367
Dave Aleshire
July 29, 2024
Silicon Valley • New York • Atlanta • Washington, D.C. • Austin instead of gas appliances, a local government cannot do “indirectly what Congress says [it] can’t do directly.” Cal. Rest., 89 F.4th at 1106-07. The City’s Ordinance, like Berkeley’s ban, has the effect of preventing appliances from using gas. And like Berkeley’s, the Ordinance does not qualify for any exception to preemption. In short, the Ordinance is indistinguishable from Berkeley’s ban under the Ninth Circuit’s reasoning and is therefore preempted.
Several other counties and cities have acknowledged this reality and repealed or suspended their gas bans as the law requires. Because continuing to enforce the Ordinance is unlawful, we request that the City Council repeal or suspend enforcement of the Ordinance, make a public announcement of that decision, and direct relevant officials not to apply the Ordinance to building permit applications.
We kindly request a response by August 19, 2024. If it would be helpful, we are happy to meet with you to discuss this matter.
Best regards,
Sarah O. Jorgensen
cc (via em
ail): Richmond City Council
Soheila Bana ([email protected]);
Claudia Jimenez ([email protected]);
Gayle McLaughlin ([email protected]);
Melvin Willis ([email protected]);
Cesar Zepeda ([email protected]);
Doria Robison ([email protected])
368
October 1, 2024
Error! Unknown document property name.
Economic Development
PORT
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Charles Gerard, Port Director
Subject:
Additional work to complete the 2024 Pavement Repair at Point Potrero Marine Terminal.
FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal Year 2024-2025 Port Budget $150,000 Account String
40163080 400708 36012 and $365,000 Account String
40163080 400708 36009.
PREVIOUS COUNCIL
ACTION:
04/16/2024
STATEMENT OF THE
ISSUE:
The Port seeks to enter into an amendment of the
existing construction agreement with W.R. Forde to
complete additional improvements and maintenance at
the Point Potrero Marine Terminal.
RECOMMENDED ACTION:
APPROVE a construction amendment with W.R. Forde
and Associates in the amount of $120,000 for additional improvements and maintenance at the Point Potrero
Marine Terminal for a total amount of $406,750 with a
term ending June 30, 2025 - Economic Development
Department (Charles Gerard 510-620-6792).
AGENDA
REPORT
369
October 1, 2024
Error! Unknown document property name.
DISCUSSION:
On April 16, 2024, City Council approved a construction agreement with W.R. Forde and Associates, Inc. in the amount of $286,750 for improvements and maintenance at the Point Potrero Marine Terminal (PPMT). This work included pavement rehabilitation, repairs for water leaks, and traffic calming measures to promote safety in the Port. During the initial kickoff meeting of the project, the Port identified additional work that should be completed under the existing contract. A summary includes the following critical items to be added:
Addition of traffic calming features including asphalt berms and bollards to further restrict illicit activities.
Additional piping improvements within the historical graving basins to reduce the potential risk of leaks.
Replacement of fire water piping to the SS Red Oak Victory Ship as directed by the Richmond Fire Department.
Additional asphalt repairs within PPMT and Canal Boulevard to facilitate application of slurry seal, which if approved by Council, would occur in Fiscal Year 2025/26.
The Port believes this is the most expeditious and cost -effective means to complete this work as the contractor is on site with equipment, workforce, and is familiar with the conditions. The Port proposes to complete this work using the unit prices included in the existing scope contract. For those items not included in the existing contract, the Port is requesting W.R. Forde and Associates to complete the work based on time and materials.
The total request for this additional work is $120,000. If approved, this work would be completed by October 2024.
ENVIRONMENTAL REVIEW:
As this is repair and maintenance work, the project is exempt from the California Environmental Quality Act.
DOCUMENTS ATTACHED:
Attachment 1 – W.R. Forde Contract executed
Attachment 2 – Proposed Contract Amendment
370
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Economic Development - Port
Charles Gerard
[email protected]
(510) 620-6254
6697
Additional traffic calming features including asphalt berms and bollards, additional piping improvements within graving basins, replacement of fire water piping to the Red Oak Victory, and additional asphalt repairs within the terminal and Canal Blvd. ✔
1 W.R. Forde
984 Hensley Street
Richmond, CA, 94801
Donald J. Russell/Candace Clapp
(510) 215-9338
[email protected]
40004786
December 31, 2024
May 7, 2024
May 15, 2024
June 30, 2025
286,750.00
371
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
W.R. Forde
372
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
6697
1 W.R. Forde
120,000.00
406,750.00
As directed by the Engineer, the Contractor shall delete bid item 119 “Accessible Ramp” from the project. The bid value for this item is $6,000, which will be assigned to the other items of work. The Contractor shall add the following elements:
1. Add additional “Pavement Repair” consistent with Bid Item 102 paid on a unit of $5 per square foot.
2. Add an additional 380 feet of “Install Asphalt Berm” Bid Item 104 paid on a unit of $25 per foot.
3. Add Three R31(CA) signs along Canal Boulevard paid on a lump sum basis.
4. Add a lane separator along Canal Boulevard paid on a lump sum basis.
5. Modify the “Cap Water Pipeline” Bid Item 118 with a blind flange with a 1.5-inch adapter; install swing valve and 1.5-inch pipe to point of connection paid on a lump sum basis.
6. Add a permanent fire water connection to the Red Oak Victory, which includes a 6 inch High Density Polyethylene Pipeline installed partially below ground and partially hung below the concrete deck paid on a lump sum basis.
The total lump sum value of this work shall be $120,000.00. The Engineer shall pay this change as a lump sum on a percent complete basis.
373
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
6697
1 W.R. Forde
374
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 375
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 376
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DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 381
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DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 383
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 384
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 385
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DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 388
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 389
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD Eduardo Martinez
6/27/2024
Mayor
390
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DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 392
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 393
___ 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.
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 394
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 395
___ 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.
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 396
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
DocuSign Envelope ID: C3577B71-058C-4441-A729-B7DA54178EDD 397
10/1/2024
Economic Development
PORT
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Subject: Partial Funding of CARB -Approved Emissions Control Solution (CAECS) to Meet CARB At Berth Regulations for
Roll-on/Roll-off Ships.
FINANCIAL IMPACT: No impact to General Fund.
The Port will allocate up to $500,000 from the Port Fund to the 2024-2025 budget to offset the deployment cost of a CARB-Approved Emissions Control Solution (CAECS).
This cost is not in the budget so there is no current
account string. An account string will be established to receive these funds once approved.
This action would reduce the Port Fund cash balance by
up to $500,000. This action would also eliminate up to $2,500,000 in annual remediation fees payable to CARB
for non-compliance.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
California Air Resources Board (CARB) At Berth
Regulations for Roll-on/Roll-off (RoRo) Vessels will be mandatory on January 1, 2025. The Port of Richmond is
not prepared to meet these regulatory requirements.
One alternative to address these requirements is for the shipping lines to utilize a CARB-Approved Emissions
Control Solution (CAECS) to filter and reduce harmful
exhaust gases from the ship while at berth. Because the Port of Richmond is a smaller Port with limited ship calls, AGENDA
REPORT
398
10/1/2024
the CAECS provider and the shipping lines have not
reached a commercial agreement. To close this
commercial gap between the shipping lines cost and the
CAECS provider’s cost, the Port will fund up to $500,000 to offset the cost of the CAECS deployment. This will
alleviate the risk of penalty fees or remediation fees
incurred by the Port
RECOMMENDED ACTION: ADOPT a resolution to APPROPRIATE $500,000 from the Port fund to the Fiscal Year 2024-25 budget to
support the funding to deploy a CARB-Approved
Emissions Control Solution (CAECS) barge at the Port of Richmond; and AUTHORIZE the Port to complete its
evaluation of potential vendors and negotiate an
agreement with the selected CAECS provider for an
amount not-to-exceed $500,000 – Economic
Development Department (Charles Gerard 510-620-
6792).
DISCUSSION:
Regulatory Compliance Requirements:
Starting January 1, 2025, the California Air Resources Board (CARB) At Berth regulations will require Roll-On/Roll-Off (RoRo) ships to reduce their emissions while docked at California ports. Key requirements include:
1. Emission Reduction Targets: RoRo vessels must cut their auxiliary engine emissions of nitrogen oxides (NOx) and particulate matter (PM) by at least 80% compared to baseline levels when at berth.
2. Compliance Options: To meet these reductions, vessels can either plug into shore power, use alternative control technologies (such as exhaust gas cleaning systems), or rely on other CARB-approved technologies that achieve the same or better emission reductions.
3. Monitoring and Reporting: Ports and shipping lines will need to monitor and report compliance, including the number of vessel visits, time at berth, and the methods used to achieve emission reductions.
4. Penalties: Non-compliance can result in significant fines and other enforcement actions by CARB.
These regulations aim to improve air quality by significantly reducing harmful emissions from vessels while they are in port.
Port’s previous efforts to deploy shore power solution:
In March through May 2023 the Port commenced looking at options for shore power solutions to comply with the CARB regulation. However, due to ongoing supply chain constraints and a lack of familiarity with the solution requirements, the Port did not 399
10/1/2024
receive any proposals for this work. Ultimately, the Port contracted with Rosendin Electric, a Bay Area electrical contractor that has done work with the Port in the past, to engage them on this work. At present the Port is working with Rosendin to finalize an agreement where Rosendin will provide the initial design phase of a shore power solution.
Completing the design of the layout and the electrical connections to PG&E to provide shore power to Berths 7 & 8 is only the first step in a multi-year process. The Port anticipates the total project timeline from start of design to installation and completion of work will be two years. Hence, the shore power solution option to meet the CARB regulations will be at least two years delayed. Any delay past January 1, 2025, will cause either penalty or remediation fees to be applied against the Port from CARB.
Port’s engagement with a CARB-Approved Emissions Control Solution (CAECS):
An alternative to providing shore power to the ships at berth is to provide a CAECS, which is an exhaust gas filtering solution that reduces harmful emissions within compliance levels.
The current CAECS solutions are designed as “barge and bonnet” solution as show in the picture below. The bonnet placed over the exhaust gas stacks on the ships and transfers the exhaust gasses to an emissions control solution on the barge.
At the time of the Port’s evaluation of these solutions, the CAECS vendors were still working on CARB approval for their solutions. One company, STAX Engineering, is the preferred and recommended provider by the shipping lines operating RoRo ships.
Over the past several months, the Shipping Lines have been negotiating with CAECS solution providers for the ships calling at the Port of Richmond. However, despite 400
10/1/2024
ongoing negotiations and because there is a limited number of ship-calls in Richmond, there is a commercial gap that has not been finalized between CAECS providers and the Shipping Lines to operate in Richmond. As an example of the challenge, Port of Richmond receives between 70 to 80 RoRo ships per year. Other RoRo ports are receiving a higher number of ships, so the cost of the service is spread across more ships which reduces the cost per ship-call. As example, Amports in Benecia is receiving approximately 200 RoRo ships per year, so their CAECS cost per ship is lower.
In order to facilitate acceptable commercial terms across all parties the Port has opened a Request for Proposals (RFP) available to CAECS providers to offset their deployment and operations costs. The $500,000 in funding will close this financial gap allowing a CAECS provider and the lines to finalize a direct agreement between their organizations. The contract with the selected CAECS provider would be for an amount not-to-exceed $500,000.
Cost of Non-Compliance or remediation:
As indicated above, non-compliance can result in significant fines and other enforcement actions by CARB. The Port of Richmond, in combination with the shipping lines, the terminal operator, and the CAECS provider share responsibility for compliance, but the Port – as the owner of the facility – is on point to ensure compliance.
On a vessel call basis the Port can apply to pay a remediation fee rather than a penalty fee. The remediation fee is granted when the Port can demonstrate that it is working in earnest towards a solution to meet the regulatory requirements. The Ports estimates remediation fee costs for Richmond would be approximately $2,500,000 per year. The penalty fee will be significantly higher. These fees would be detrimental to the Port’s operations and revenue.
Once deployed, the use of the CAECS will eliminate the remediation fee and potential penalty fee as long as the CAECS solution is operational.
DOCUMENTS ATTACHED:
Attachment 1 – 2024.08.08 Port Summary Notes on CARB Compliance Attachment 2 – Resolution Port Funding of CARB-Approved ECS
401
August 8, 2024
Notes on CARB At Berth Regulations (and FAQs Appendix)
Port of Richmond – Charles Gerard, Port Director
Reference Documents:
CARB Website:
• Homepage | California Air Resources Board
Ocean-Going Vessels At Berth Regulation:
• Ocean-Going Vessels At Berth | California Air Resources Board At Berth Regulation Frequently Asked Questions (FAQ)
• At Berth Regulation Frequently Asked Questions (FAQ) | California Air Resources Board Terminal and Port Plan Submissions
• Terminal and Port Plan Submissions | California Air Resources Board At Berth Final Regulation
• At Berth Final Regulation Text (ca.gov)
General Comments on CARB regulations and compliance:
• At Berth regulations for RoRo vessels were announced in 2020 and have been scheduled to commence on January 1, 2025.
• Regulated parties for compliance include vessel operators, terminal operators, ports. • Compliance obtained through either through (1) shore-power connection or (2) CARB- Approved Emissions Control System (CAECS).
• All regulated parties must submit compliance reports (Vessel, Terminal, Port, CAECS). • Ports and Terminals must each submit a plan to comply or submit a collaborative plan to comply starting in 2021.
• Regulated parties may pay a remediation fund fee (rather than penalty fee) if non- compliance reasons are provided to CARB and accepted by CARB. • Remediation fund fee requires reporting per vessel call. • The expected remediation fund fee would be $1,900 per hour per vessel. o Below is rough cost estimate that does not include administrative overhead or risk that remediation requests may not be accepted.
• Non-compliance fee (penalty fee) for each day and partial day can be up to $37,500.
402
Port of Richmond efforts and status on CARB Compliance:
• The Port started working on a Shore Power solution to comply with CARB in 2022. This project did not commence for a variety of reasons. At present, it has still not started because we have had one vendor submit to complete a design plan, and they are unable to comply with the City’s standard contract and clauses regarding local hires. The Port has been working to try to resolve this issue for months.
• The above project to provide a hard-wired Shore Power connection is at least two years behind the compliance schedule.
• Additionally, the Shore Power solution will cost up to $12M, and it is not yet funded. (Grant applications submitted.)
• An alternative to Shore Power compliance is for the Port to provide a CARB Approved Emissions Control Solution, or CAECS. This solution consists of placing a barge facilitated exhaust gas capture mechanism that scrubs the exhaust and reduces harmful emissions.
This is referred to as the “barge and bonnet” solution. See picture below:
• The Port has been working with STAX Engineering to deploy a CAECS (barge and bonnet solution) in Richmond.
• At other ports, STAX Engineering has been able to successfully negotiate a service agreement directly with the shipping lines. However, because the Port of Richmond is a smaller port with only 80 (or less) RoRo Ship calls per year, the cost per ship is measurably higher than at other ports that have many more ship calls per year. • STAX Engineering and the Shipping Lines have not been able to conclude a commercial agreement due cost.
• Furthermore, because the Port of Richmond is the owner of the facility and a regulated party, the Port will be responsible to pay the Remediation Fund fee (estimated at $2.5M per year) plus significant overhead in reporting responsibilities, or the Port may need to pay a significantly higher non-compliance fee if our application for Remediation payments is not accepted.
403
Port of Richmond Proposed Solution Options - through Funding Support:
• Option A:
o If the Port can offset the cost of the Barge and Bonnet solution by $500,000, we believe this will bridge the commercial gap between STAX Engineering and the Shipping Lines.
o This funding would be used to offset the cost of deployment for STAX Engineering, and therefore, allow them to provide a more competitive rate to the Shipping Lines calling at the Port of Richmond.
o One Time cost: $500,000
o This funding is NOT in the current budget.
• Option B:
o The Port could also provide a Wharfage/Dockage tariff reduction for the RoRo vessels for the 2025 and 2026 Calendar years.
o The current Wharfage/Dockage revenue is ~ $1,700,000 per year. A 15% reduction would be $255,000 per year.
o Cost would be an approximately $255,000 reduction in revenue for two years.
404
Appendix: Summary and consolidation of CARB At Berth Frequently Asked Questions (FAQs):
GENERAL QUESTIONS & APPLICABILITY
4. Who must comply with the 2020 Regulation?
Vessel operators, terminal operators, ports, and third-party CARB-Approved Emissions Control Strategy (CAECS) operators are all subject to the 2020 Regulation.
The following table identifies the primary regulated parties:
5. When do requirements for the 2020 Regulation begin?
The 2020 Regulation took effect on January 1, 2021; however, emissions controls for the 2020 Regulation will not phase in until the following dates:
Reporting for all vessel types will begin January 1, 2023, regardless of whether a vessel or terminal has emissions control requirements.
7. How are regulated entities expected to comply with the 2020 Regulation? Regulated entities can comply with the 2020 Regulation using any CAECS. This includes shore power, one of the capture and control systems currently approved for use with the 2007 Regulation, or a future CARB-approved shore- or vessel-based solution (including alternative fuels, etc.).
405
8. What happens if a vessel cannot connect to shore power or another CAECS? If a regulated vessel visiting a regulated California berth cannot connect to a CAECS, a Vessel or Terminal Incident Event (VIE or TIE) may be used to comply with the 2020 Regulation, or the vessel or terminal operator may apply to use the remediation fund if the lack of connection is due to a qualifying circumstance (as described in section 93130.15(b) of the 2020 Regulation).
9. Who is responsible for providing shore-side emissions control equipment and/or infrastructure?
Vessel operators, terminal operators, ports, and CAECS operators have shared obligations for reducing at berth emissions. Generally, terminals and ports will be responsible for installing shore- side emissions control equipment and/or infrastructure, while vessel operators are responsible for installing any necessary equipment onboard a vessel.
12. Can regulated entities rely on commercial arrangements with third-party CAECS operators to meet the requirements of the 2020 Regulation?
A regulated entity is free to utilize a third-party operated CAECS for compliance with the 2020 Regulation as long as the system has received CARB approval. There are regulatory obligations for CAECS operators (including third-party providers), and not fulfilling the obligations of the regulation may result in enforcement actions against the CAECS operator.
VESSEL OPERATOR REQUIREMENTS
18. What defines a “visit”?
As set forth in section 93130.2(b)(91), a visit is defined as the time period from when the vessel is “Ready to Work” to “Pilot on Board” . A vessel is considered “Ready to Work” when it is tied to the berth, the gangway has been lowered with netting down, and all government authorities with jurisdiction over the vessel visit have cleared the vessel, as set forth in section 93130.2(b)(63). And “Pilot on Board” occurs when the vessel’s pilot has boarded the vessel to assume navigational control to prepare for vessel departure, as set forth in section 93130.2(b)(58).
25. What is required of regulated vessel operators?
Any vessel visiting a terminal that receives 20 or more visits in a calendar year from container, reefer, cruise, ro-ro, and/or tanker vessels must: • Reduce emissions using a CAECS while at berth; • Control emissions within 2 hours of the vessel being “Ready to Work” and arriving at the berth; • Continue to control emissions until no sooner than one hour before the pilot boards the vessel for departure from the berth; • Follow the checklist in section 93130.7(e) of the 2020 Regulation, which includes reporting visit information for each visit for all vessel visits, including any visits without 406
emissions reduction obligations; and • Meet opacity limits as specified in section 93130.6 of the 2020 Regulation.
26. What is the compliance checklist for vessel operators? The compliance checklist for vessel operators is a checklist of items that vessel operators need to complete to ensure compliance with the 2020 Regulation. The checklist can be found in section 93130.7(e) of the regulation.
TERMINAL OPERATOR AND PORT REQUIREMENTS
34. Do all California terminal operators have requirements under the 2020 Regulation? Yes, all terminal operators who receive ocean-going vessels at California berths are subject to regulatory requirements. Any berth located at a regulated terminal (meaning any terminal that received 20 or more visits during a calendar year from a regulated vessel type) is required to reduce emissions from vessel visits.
36. What is required of affected terminal operators under the 2020 Regulation? Operators of terminals receiving 20 or more visits from container, reefer, cruise, ro-ro, and/or tanker vessels in a calendar year must ensure that each berth has a CAECS available for use for each regulated vessel visit. Regulated terminal operators must follow the checklist in section 93130.9(d), which includes reporting visit information for each visit for all vessel visits, even those visits without emissions reduction obligations. Lastly, terminal operators were required to provide CARB with terminal plans by December 1, 2021, demonstrating how the terminal intends to comply with the 2020 Regulation. All terminal plans and CARB’s responses to each plan were posted to CARB’s website at: Terminal and Port Plan Submissions | California Air Resources Board.
37. What is the compliance checklist for terminal operators? The compliance checklist for terminal operators is a checklist of items that terminal operators need to complete to ensure compliance with the 2020 Regulation. The checklist can be found in section 93130.9(d) of the regulation.
PORT REQUIREMENTS
40. What are a port’s obligations under the 2020 Regulation? Ports with regulated terminals must ensure that each regulated terminal has the infrastructure needed to reduce emissions from each regulated vessel visiting every berth at that terminal. Ports are responsible for any equipment or necessary infrastructure that is beyond a terminal operator’s 407
contractual ability to provide (i.e., vault installations if the port is responsible for all wharf modifications). …
If a terminal operator and/or vessel operator elects to purchase, install, and use CAECS equipment that does not need port assistance or infrastructure to operate in compliance with the 2020 Regulation, then the port has no additional responsibility for that equipment.
CARB APPROVED EMISSIONS CONTROL STRATEGY (CAECS) OPERATOR REQUIREMENTS
43. Are there any fees associated with being a CAECS operator in the At Berth Regulation? Yes, there are fees associated CAECS approval and oversite under CARB's Mobile Source Certification and Compliance Fee Regulation (Title 13, Article 7 Certification Fees for the At-Berth Regulation). These fees include test plan review, at-berth application, CEMS data review, design change, and minor amendments. For more information on the fee amounts and how to pay these fees, please visit the Mobile Source Certification and Compliance Fee Regulation program page.
45. What is required of a CAECS operator under the 2020 Regulation? Operators of a CAECS must ensure they follow all requirements laid out in section 93130.12 of the 2020 Regulation, including following the CAECS checklist, reporting vessel visit information to CARB, properly maintaining a list of all subcontractor services and agreements in place, reporting any malfunctions of a CAECS and submitting corrective action reports to CARB as needed.
EXCEPTIONS AND REMEDIATON
60. What circumstances qualify for an exception, VIE/TIE, or remediation fund use? Vessel visits that do not achieve the emissions reductions as required by the 2020 Regulation may elect to use a number of different exceptions to comply with the Regulation. Table 6 in section 93130.18 of the Regulation identifies several situations that may be eligible for each compliance pathway and who is likely to be identified as responsible parties in the event of noncompliance.
68. Who is required to use a VIE/TIE or pay remediation fees in the event a vessel cannot connect to a CAECS?
The 2020 Regulation does not dictate when a vessel or terminal must use a VIE/TIE, or which party must pay the remediation fund in a qualifying event. It is up to the vessel and terminal operators to work together to decide this matter. In the event of a dispute, CARB enforcement staff may consider the visit noncompliant and investigate all responsible.
REMEDIATION FUND
408
82. What is the remediation fund?
The remediation fund is an additional compliance option that may be used in specific limited circumstances (as set forth in section 93130.15 of the Regulation) where vessel operators, terminal operators, CAECS operators, and/or ports have already made efforts to comply with the 2020 Regulation, but are unable to achieve emissions reductions. See FAQ 84 for the specific limited circumstances in the Regulation. Regulated entities can pay into this fund to remediate their uncontrolled emissions and remain compliant with the 2020 Regulation, and the funds collected will go towards projects that reduce equivalent emissions in the same port communities that are impacted by the uncontrolled emissions.
83. Who can use the remediation fund?
Any vessel operator, terminal operator, CAECS operator, or port that has made an attempt to install and/or use infrastructure to comply with the 2020 Regulation, but is unable to due to a qualifying circumstance, may apply to pay into the remediation fund to remain in compliance with the 2020 Regulation. CARB does not specify which regulated entity pays the remediation fund when the required emissions reductions are not achieved; this decision is between the regulated entities (vessel operator, terminal operator, ports, and third-party CAECS operator, if applicable). CARB requires only that the emissions reductions are achieved or that the remediation fund monies are received in lieu of any excess emissions reductions (in qualifying circumstances as set forth in section 93130.15(b).
86. How is the remediation fund calculated?
The amount paid per hour for remediation is based on vessel type and engine classification and is set forth in Table 4 in section 93130.15 of the Regulation. Each partial hour of excess emissions shall be counted as a full hour for the purpose of calculating the payment.
Ref.
409
REPORTING REQUIREMENTS
106. Who is required to report and how often?
The 2020 Regulation’s updated reporting requirements for all vessel types will begin January 1, 2023, regardless of whether a regulated vessel or terminal has emissions control requirements.
Vessel and 39 terminal operators (and third-party CAECS operators, if applicable) are responsible for reporting visit information for each visit made by a regulated vessel to a regulated marine terminal. The 2020 Regulation requires that visit reports be submitted to CARB within 30 calendar days of each vessel’s departure. Separately, ports are responsible for providing wharfinger data on an annual basis.
107. Why do both ports and terminals have reporting requirements? CARB staff recognizes the duplicative nature of required reporting but believes it is necessary.
Because both the terminal and vessel operators have compliance obligations, reporting by each party is essential to providing accurate information in order to determine if compliance obligations are met without relying on the accuracy of a secondary entity reporting the information. Requiring each party to provide original information is intended to allow CARB staff to cross-check information and ensure that the reporting details are correct.
108. What visit information are vessel operators required to report to CARB? Beginning January 1, 20234F 5 , ALL vessel operators (or other authorized party) visiting any California port or marine terminal (including a low-use or exempt berth) must report the information set forth in section 93130.7(e)(4) to CARB within 30 calendar days of each vessel’s departure.
Please see the link to the reporting templates at: At Berth Reporting Templates | California Air Resources Board.
109. What visit information are terminal operators required to report to CARB? Beginning January 1, 20235F 6 , ALL California regulated terminal operators (or other authorized party) must report the information set forth in section 93130.9(d)(5) to CARB within 30 calendar days of each vessel’s departure.
110. How long do vessels and terminal operators have to report visit information? Vessel operators, terminal operators, and CAECS operators must submit visit reports to CARB within 30 calendar days of each vessel’s departure.
410
111. How do vessel and terminal operators submit visit reports to CARB? Visit reports can be submitted directly to CARB via electronic or written submission, as detailed in section 93130.19 of the 2020 Regulation. Electronic submissions may be sent to [email protected]
.
PORT AND TERMINAL PLANS
119. What is a port plan?
A port plan is a planning document that must be submitted to CARB discussing how a regulated terminal intends to comply with the requirements of the 2020 Regulation. As set forth in section 93130.14(b) of the Regulation, port plans must include a discussion of any necessary infrastructure modifications needed to ensure that each regulated terminal at that port is capable of achieving the required emissions reductions by the implementation dates established for each regulated vessel category.
120. What is a terminal plan?
Similarly, a terminal plan is a planning document that must be submitted to CARB by regulated marine terminal operators discussing how a regulated terminal intends to comply with the requirements of the 2020 Regulation. As set forth in section 93130.14(a) of the Regulation, terminal plans must include discussion of any necessary infrastructure modifications needed to ensure that each berth is capable of achieving the required emissions reductions by the implementation dates established for each regulated vessel category.
121. Who is required to submit a port and/or terminal plan? All terminals receiving 20 or more visits from a regulated vessel category must submit a terminal plan, and all ports with regulated terminals must submit a port plan. All port and terminal plans must be 42 signed by the applicable port’s and terminal’s Responsible Official under penalty of perjury and are subject to verification by CARB staff.
ENFORCEMENT
166. What should I do if I know I will be in violation of the 2020 Regulation? In these circumstances, CARB encourages regulated entities to work with CARB’s Enforcement Division in advance of any known violations. Questions regarding compliance can be directed to enforcement staff at [email protected].
168. What is the penalty for not complying with the 2020 Regulation? 411
Pursuant to the Health and Safety Code and the 2020 Regulation, each failure to meet any requirement of the At Berth Regulation constitutes a single, separate violation. Additionally, each item on the checklist is considered a separate action. Section 43016 of the Health and Safety Code states penalties shall not exceed $37,500 for “each action” subject to this part of the code. The maximum penalty under HSC section 43016 increases by the California Consumer Price Index (CPI) each year and is listed in the Enforcement Division’s Annual Report. Also, each calendar day, or portion of, in which violations occur will be a separate daily violation, so if a visit occurred across two calendar days, it would be considered two days of violations for each action or each item violated in the checklist. All responsible parties may be held jointly and severally liable for non- compliance, depending on the findings made by CARB’s Enforcement Division.
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Reso. No. _____
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, DIRECTING THE PORT OF RICHMOND TO APPROPRIATE UP TO $500,000 TO FUND CALIFORNIA AIR RESOURCES BOARD (CARB)
APPROVED EMISSIONS CONTROL SOLUTIONS FOR ROLL-ON/ROLL-OFF (RORO) SHIPS PRIOR TO REGULATORY REGULATIONS BECOMING
EFFECTIVE ON JANUARY 1, 2025 AND APPROVE A CONTRACT WITH A
CARB-APPROVED EMISSIONS CONTROL PROVIDERIN AN AMOUNT NOT- TO-EXCEED $500,000
WHEREAS, the City of Richmond is dedicated to safeguarding public health and the environment by ensuring that local industries, including the Port of Richmond, adhere to the highest standards of environmental stewardship; and
WHEREAS, the California Air Resources Board (CARB) has implemented regulatory measures to reduce emissions from maritime operations, including Roll-on/Roll-off (RoRo) ships, to improve air quality and protect public health; and WHEREAS, the new CARB regulations will become effective on January 1, 2025, necessitating immediate action to comply with these standards; and WHEREAS, emissions from RoRo ships, which are a significant part of the Port of Richmond's operations, contribute to air pollution, including nitrogen oxides (NOx), particulate matter (PM), and greenhouse gases (GHGs), adversely impacting local air quality; and WHEREAS, CARB-approved emissions control solutions, such as advanced filtration systems, cleaner fuels, and emission reduction technologies, are effective in mitigating these pollutants and ensuring compliance with upcoming regulations; and WHEREAS, the Port of Richmond is a critical economic asset for our community, and it is essential that it continues to operate in a manner that aligns with both economic and environmental goals; and
WHEREAS, allocating funding towards the implementation of CARB-approved emissions control solutions for RoRo ships will not only facilitate compliance with new regulations, but it will also avoid higher cost mediation and potential penalty fees; and WHEREAS, the City Council of Richmond recognizes that an allocation of up to $500,000 would support the Port of Richmond in deploying these necessary technologies and preparing for the regulatory changes effectively.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond directs the Port of Richmond to allocate up to $500,000 to fund the implementation of CARB - approved emissions control solutions for RoRo ships, ensuring compliance with the new regulations effective January 1, 2025.
BE IT FURTHER RESOLVED that the City Council authorizes the Port to complete it s evaluation of vendors and solutions, negotiate with the selected vendor and finalize a contract with the selected vendor in an expedient manner and in an amount not -to-exceed $500,000 to get the solution in place as soon as possible.
******************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on October 1, 2024 by the following vote:
AYES: AYES:
413
Reso. No. _____
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on October 1, 2024.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
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October 1, 2024
Human Resources
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Amend the position control list and allocate the
necessary funding as required.
FINANCIAL IMPACT: It is anticipated that positions will be filled by the end of the calendar year with an approximate remaining fiscal
impact of $1,595,346.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.
RECOMMENDED ACTION:
ADOPT a resolution to amend staffing and position
control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602).
DISCUSSION:
The City of Richmond is committed to being an employer of choice. City staff are integral to the functioning of local government, impacting service delivery, community relations, and organizational effectiveness. Investing in their hiring and development is essential for a well-functioning and responsive local government. In the effort to continue providing improved services to the community, City staff is proposing to add
26.8 positions and swap out and delete positions, which will provide 18.8 total net new positions in Community Development, Community Services, Economic Development/Port, Fire, Police, Public Works, and Rent Program.
AGENDA
REPORT
415
October 1, 2024
COMMUNITY DEVELOPMENT – CODE ENFORCEMENT
The Director of Community Development Department requests the reallocation of a vacant Administrative Assistant position to an Office Specialist in the Code Enforcement division. This strategic reallocation aims to bolster the support system for the Code Enforcement Officers. By channeling administrative resources directly into the Code Enforcement division, efficiency and effectiveness in handling code enforcement matters will be enhanced. The Office Specialist will take on responsibilities that include managing paperwork, scheduling, and providing general support, which includes creating the violation notices/letters, researching, and responding to Public Records Act requests, thereby allowing the Code Enforcement Officers to focus on fieldwork and enforcement activities. This move is anticipated to streamline operations within the division, improve response times to code violations, and ultimately contribute to maintaining higher compliance standards within the community.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Office Specialist (1) $113,292
Delete Administrative Assistant (1) ($135,389)
Total ($22,097)
ECONOMIC DEVELOPMENT – PORT
Given the increasing workload and operational demands at the Port, it has become imperative to expand the staffing team by incorporating a Management Analyst specifically tailored to manage and oversee critical and high-level Port initiatives. The core duties of this role will include grant writing, which involves identifying potential grant opportunities, preparing and submitting grant proposals, and ensuring compliance with grant requirements. This is a crucial task as it directly impacts the ability to secure funding for projects and operations. Additionally, the Management Analyst will be responsible for contract administration, a task that encompasses negotiating, drafting, and reviewing contracts, as well as ensuring that the terms of all contracts are adhered to. This role will also provide support to the Senior Business Assistance Officer, Port Director, Finance Manager, and Capital Improvement Manager as needed, as well as support on special projects. This role will support ongoing and future projects, ensuring that the Port meets City Council objectives.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Management Analyst (1) $215,565
416
October 1, 2024
FIRE DEPARTMENT
To keep the momentum in the Fire Prevention Division established by the hire of three fire inspectors earlier this year, the department wishes to convert the temporary Fire Inspector I position to a permanent position (no net change to position control, total of five FTEs) to promote wildfire prevention in areas of the City that are vulnerable to fire danger and coordinate with the Department of Public Works.
In addition, the Fire Department needs high-level administrative support to oversee contracting, issue notifications, and support the Fire Suppression and Emergency Services divisions. The department currently has a vacant Emergency Services Analyst position and an Associate Administrative Analyst position that they desire to reallocate to a Senior Administrative Analyst. The major duties of a Senior Administrative Analyst are developing and monitoring the department budget, preparing grant applications, participating and assisting with City and community initiatives, meetings, and events, drafting staff reports, memorandums, and resolutions, and resolving difficult organizational/operational problems, assisting with implementing solutions to problems, formulating administrative procedures and programs in a department or division, coordinating with other departments and agencies, and performing related work as required. In addition, this position may supervise employees, be responsible for a major functional area, or provide independent staff work for a department or division.
Furthermore, in coordination with Human Resources, the Fire Department has collaboratively developed and implemented new health and wellness programming that has greatly improved morale and outcomes for the Fire Service as they respond to approximately 14,000 calls annually. As such, Human Resources desires to retain a Project Manager at .8 FTE to continue supporting Fire personnel and provide similar services to non-public safety departments. Staff members in areas such as Community Services and Public Works require customized support to manage better the challenges team members face while aiming to provide excellent customer service to our residents.
Estimated Fiscal Impact
Classification Salary and Benefits
Convert Fire Inspector I - Full Time (1) $267,643
Add Senior Administrative Analyst (1) $195,977
Add Project Manager (.8) $203,264
Delete Emergency Services Analyst (1) ($148,243)
Delete Associate Administrative Analyst (1) ($162,511)
Total $152,866
417
October 1, 2024
POLICE DEPARTMENT
To implement City Council-approved, city-wide parking enforcement with street sweeping, additional parking enforcement staff are needed in response to the increasing challenges posed by illegally parked vehicles, which significantly contribute to the City's blight issues. The Police Department is requesting two (2) additional Parking Enforcement Representatives. This new position is envisioned to play a pivotal role in fortifying the city's efforts to increase its coverage, efficiency, and effectiveness in identifying, addressing, and preventing illegal parking. This effort will contribute to a more organized, aesthetically pleasing, and functional public space, ultimately supporting the broader objectives of urban renewal and livability enhancement during various times.
To enhance the operational capacity and efficiency of the Police Department's ability to process crime scenes, it is proposed to augment the current team with the addition of three (3) Crime Scene Technicians. These technicians will be instrumental in processing crime scenes, collecting evidence, and supporting the investigative process with their expertise in forensic analysis. Their roles are critical in ensuring that evidence is collected in a manner that upholds its integrity and admissibility in court, thereby strengthening the prosecutorial process.
Furthermore, the department requests the addition of one (1) Administrative Assistant to support the increased workload and ensure the smooth functioning of administrative duties. This aide will be responsible for handling paperwork, managing schedules, and providing essential support services to the department's investigative and administrative arms.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Parking Enforcement Representative (2) $207,662
Add Administrative Assistant $135,389
Add Crime Scene Technician (3) $371,304
Total $714,335
PUBLIC WORKS – FACILITIES MAINTENANCE
Due to high service levels and the request to keep our community spaces available and open for extended hours, the Deputy City Manager, of Community Services has identified a need for dedicated facilities maintenance staff to keep facilities operated by the Community Services Department clean and sanitized (i.e. libraries, recreation facilities, employment and training buildings, etc.). Two (2) Facilities Maintenance Workers are requested to fulfill this need instead of a Senior Building Trades Worker.
The Facilities Maintenance Workers will ensure that all physical spaces are welcoming, accessible, and maintained to the highest standards during early mornings, evenings, 418
October 1, 2024
and weekends since operational programming has increased to expand services in our community. In addition, the Public Works Department is requesting a Stationary Engineer to provided additional maintenance City-wide. By adding these positions and implementing these organizational changes, our patrons’ experience will be significantly enhanced, thereby strengthening community engagement and satisfaction with various programs.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Facilities Maintenance Workers (2) $190,512
Add Stationary Engineer (1) $148,243
Delete Senior Building Trades Worker (1) ($148,243)
Total $190,512
PUBLIC WORKS – ABATEMENT/PARKS
The City currently faces escalated levels of blight and overgrowth, which pose significant safety and fire hazards, while detracting from its visual appeal. In addition, there is a need to have dedicated staff to properly maintain and nurture the over 20,000 trees in the City. In response to this need, the City Council directed the City staff to create a Tree Crew.
The City Manager intends to initiate a new program addressing blight city-wide, focusing on rights-of-way and medians and proper care of the City’s trees. Creating dedicated staff members for this effort will enable other park staff members to focus on park spaces throughout the City and improve Park maintenance.
The proposal entails the establishment of two additional crews dedicated explicitly to General Funs areas throughout the City of Richmond that require attention. The creation of these new crews will be comprised of one (1) Groundskeeper, and two (2) Gardeners. The Parks Division is in the process of filling four (4) vacant Maintenance Worker I/II’s positions, which can support both abatement and park crews. In addition, Abatement Maintenance Workers working collaboratively with Parks staff will assist to improve coordinated outcomes.
The City is also seeking to create a new Tree Crew. The primary focus of this crew is expected to assist with plantings (trees, shrubs, and smaller annuals & perennials), catching up on pruning backlogs, preventative and structural pruning, and other park- related projects. As the City continues to fill vacant positions, Parks will add one (1) Tree Leadworker, one (1) Groundskeeper, (1) Maintenance Worker I/II, and two (2) new Tree Trimmers (TBD) to support the tree crew.
419
October 1, 2024
Human Resources plans to create a new classification of Tree Trimmer, currently delineated as two (2) TBDs in the resolution and will add arborist duties and skills language to Supervisor and Management positions to ensure the tree team is led by knowledgeable and experienced personnel.
The fiscal impact of adding (1) Tree Leadworker, one (1) Maintenance Worker I/II, two (2) Groundskeepers, two (2) Gardeners, and two (2) TBD (Tree Trimmers) is delineated below. Actual salary and benefits will be determined once the vacancies are filled.
Estimated Fiscal Impact
Classification
Salary and Benefits
Add Tree Leadworker (1) $135,389
Add Maintenance Worker I/II (1) $95,256
Add Groundskeepers (2) $190,512
Add Gardeners (2) $234,576
Add Tree Trimmers (TBD) (2) $234,576
Total $890,309
PUBLIC WORKS - ADMINISTRATION
Due to recent retirements and structural adjustments within the Public Works Department, there has been a notable shift in personnel and departmental needs. The Department Head has proposed a strategic reallocation of the currently vacant Senior Accountant position to that of a Senior Administrative Analyst. This decision is driven by the necessity to adapt to the evolving structure and requirements of the department.
This role is envisioned to oversee the administrative pool and ensure it operates smoothly, providing the necessary support to all Public Works divisions. The Senior Administrative Analyst will be pivotal in managing administrative tasks, coordinating between divisions, and streamlining processes to facilitate the department's overall functionality.
In response to the urgent need to enhance the built environment and ensure the comprehensive upkeep of our public spaces, the City is requesting the position of Project Manager, designed to serve as a dynamic support system within the Public Works department, especially tasked with closing out critical projects efficiently. This role is not only limited to advancing project timelines but is also strategically placed to offer leadership and continuity when key personnel, including Superintendents or supervisors, are unavailable due to leave. This position will be instrumental in streamlining operations by directly assisting the Public Works Director in project implementation, ensuring that the city's buildings, parks, and public spaces receive the attention they deserve, thereby fostering a well-maintained and vibrant urban 420
October 1, 2024
ecosystem. This addition underscores our commitment to improving our City's infrastructure and demonstrates our proactive approach to addressing staffing contingencies and project management challenges.
PUBLIC WORKS- TRANSPORTATION
At the adoption of the FY 24-25 budget, the City Council approved two positions that were to be determined to address the transportation and traffic calming concerns. The City would like to allocate one of these positions to the Associate Planner classification.
There is no fiscal impact due to the placeholder being allocated in the current budget.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Senior Administrative Analyst (1) $195,977
Add Project Manager (1) $254,081
Delete Senior Accountant (1) ($195,977)
Delete Construction Inspector I (1) ($148,243)
Total $152,866
RECREATION
The Community Services Department - Recreation Division has identified a necessity for additional staffing of two (2) Office Specialists, one (1) Aquatic Specialist, and the reallocation of a vacant Recreation Coordinator to Recreation Supervisor. The intention is to ensure staff can support registration needs for program and facility use, programs continue to meet the high standards our community deserves, enhance program offerings, and ensure that our services remain aligned with community needs and expectations. These strategic enhancements will empower Recreation to provide even more quality, responsive, and impactful services to those we serve.
The additional Office Specialists will support the daily work in the Registration Office, and will be responsible for timely processing rental requests, Special Event Permits, registering patrons in classes, updating the City website, creating and delivering activity guides, flyers, and other marketing materials, tabling at community events, and providing support for other administrative tasks. The request to reallocate the Recreation Coordinator to a Recreation Supervisor is to allow for the oversight required for two (2) highly used aquatic centers. Recreation management believes this level is needed based on the specific needs required to manage aquatic centers, provide for increased programming, and oversight of a large number of lifeguards. The Aquatic Specialist position will provide support to the Recreation Program Supervisor to plan, organize, and implement aquatic programs, prepare staff schedules, work with 421
October 1, 2024
community aquatic needs, assist with recruitment of lifeguards, perform lifeguard duties, etc.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Office Specialists (2) $226,584
Add Recreation Supervisor (1) $162,511
Delete Recreation Coordinator (1) ($123,777)
Add Aquatic Specialist (1) $95,256
Total $360,574
RENT PROGRAM
The Rent Board approved the reallocation of an Office Assistant to an Administrative Trainee for the Rent Program on June 28, 2024, which results in a net savings of ~$1,200 and will not increase their number of positions. The approved positions were not included in the position control document approved with the City budget. Therefore, this position must be added to position control by City Council action, which will document the administrative record and permit the Finance Department to effectuate the modification to position control.
Currently the Rent Program Department is funded for fourteen (14) Full-Time Equivalent positions and receives a subsidy of $290,391 for current fiscal year FY24/25.
The Human Resources Department proposes revisions to the Rent Program’s position control to reallocate the vacant Office Assistant position to a Administrative Trainee position. The reallocation was approved by the Rent Board and covered by the current budget with a cost savings.
FISCAL IMPACT:
It is anticipated that positions will be filled by the end of the calendar year with an approximate remaining fiscal impact of $1,595,346.
SUMMARY:
City staff recommends approval of the resolutions amending the position control list and allocating funds, which will modify the position control list in the following manner:
422
October 1, 2024
Position Control
Classification Department Unit
Convert to
Permanent 1-Fire Inspector I/II Fire
Firefighter’s Association
Local 188
Add
1 - Senior Administrative
Analyst Fire
IFPTE Local 21 – Mid
Management
Add
2 – Parking Enforcement
Representatives Police
SEIU Local 1021 –
General Employees
Add 3 – Crime Scene Technicians Police
SEIU Local 1021 –
General Employees
Add 1 – Administrative Assistant Police
SEIU Local 1021 –
General Employees
Add 1 – Management Analyst Port
IFPTE Local 21 – Mid-
Management
Add
2 - Project Manager
(1/.8FTE)
Public
Works/HR/Fire
IFPTE Local 21 –
Executive
Add 1 - Tree Leadworker Public Works
SEIU Local 1021 –
General Employees
Add
1 – Assistant/Associate
Planner Public Works
SEIU Local 1021 –
General Employees
Add 1– Maintenance Worker I/II Public Works
SEIU Local 1021 –
General Employees
Add 2 -Groundskeepers Public Works
SEIU Local 1021 –
General Employees
Add 2 - Gardeners Public Works
SEIU Local 1021 –
General Employees
Add 2 (TBD) Tree Trimmers Public Works
SEIU Local 1021 –
General Employees
Add
2 Facilities Maintenance
Workers Public Works
SEIU Local 1021 –
General Employees
Add 1 – Stationary Engineer Public Works
SEIU Local 1021 –
General Employees
Add 2 – Office Specialists
Community Services
- Recreation
SEIU Local 1021 –
General Employees
Add 1 – Aquatic Specialist
Community Services
- Recreation
SEIU Local 1021 –
General Employees
Add 1 – Recreation Supervisor
Community Services
- Recreation
IFPTE Local 21 – Mid-
Management
Add 1 – Administrative Trainee Rent Control
SEIU Local 2021 –
General Employees
Add 1-Office Specialist
Community
Development
SEIU Local 1021-
General Employees
Delete 1 - Emergency Services
Analyst
Fire IFPTE Local 21 – Mid
Management
Delete 1 - Associate Administrative
Analyst
Fire IFPTE Local 21 – Mid
Management
423
October 1, 2024
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending Position Control
Attachment 2 – Resolution Amending Budget
Delete
1 – Senior Building Trades
Worker Public Works
SEIU Local 1021 –
General Employees
Delete 1-Senior Accountant Public Works
IFPTE Local 21 – Mid-
Management
Delete 1 – Construction Inspector I Public Works
SEIU Local 1021 –
General Employees
Delete 1 – Recreation Coordinator Community Services
- Recreation
SEIU Local 1021 –
General Employees
Delete 1-Administrative Assistant Community
Development
SEIU Local 1021 –
General Employees
Delete 1-Office Assistant Rent Control SEIU Local 1021 – General Employees
Delete 1- TBD Public Works SEIU Local 1021-
General Employees
Net New Positions SEIU Local 1021 IFPTE Local 21
18.8 14 4.8
424
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective October 1, 2024, the City’s position control is hereby revised to add the following positions:
Classification Department Unit
1 Senior Administrative Analyst Fire IFPTE Local 21 – Mid Management 1 Project Manager I/II Public Works IFPTE Local 21 – Executive Management 1 Project Manager I/II (.8) Fire/HR IFPTE Local 21 – Executive Management 1 Tree Leadworker Public Works SEIU Local 1021 – General Employees 1 Fire Inspector I/II (Permanent) Fire Firefighter’s Association Local 188 2 Groundskeepers Public Works SEIU Local 1021 – General Employees 1 Maintenance Worker I/II Public Works SEIU Local 1021 – General Employees 2 Gardeners Public Works SEIU Local 1021 – General Employees 2 Parking Enforcement
Representative
Police SEIU Local 1021 – General Employees
2 Tree Trimmers (TBD) Public Works SEIU Local 1021 – General Employees 2 Facilities Mtce. Workers Public Works SEIU Local 1021 – General Employees 1 Stationary Engineer Public Works SEIU Local 1021 – General Employees 1 Senior Administrative Analyst Public Works IFPTE Local 21 – Mid- Management 2 Office Specialists Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Aquatic Specialist Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Recreation Supervisor Community Services -
Recreation
IFPTE Local 21 – Mid Management
425
1 Management Analyst Economic Development –
Port
IFPTE Local 21 – Mid Management
1 Administrative Trainee Rent Control Department SEIU Local 1021 – General Employees 3 Crime Scene Technicians Police Department SEIU Local 1021 – General Employees 1 Administrative Assistant Police Department SEIU Local 1021 – General Employees 1 Office Specialist Community Development SEIU Local 1021 – General Employees 1 Assistant/Associate Planner Public Works SEIU Local 1021 – General Employees
BE IT FURTHER RESOLVED, that, effective October 1, 2024, the City’s budget is hereby revised to delete the following positions:
Classification Department Unit
1 Emergency Services Analyst Fire IFPTE Local 21 – Mid
Management
1 Associate Administrative Analyst Fire IFPTE Local 21 – Mid Management
1 Recreation Coordinator Community Services-
Recreation
SEIU Local 1021 – General
Employees
1 Senior Building Trades Worker Public Works SEIU Local 1021 – General Employees
1 Construction Inspector I Public Works SEIU Local 1021 – General Employees
1 Senior Accountant Public Works IFPTE Local 21 – Mid
Management
1 Office Assistant Rent Control SEIU Local 1021 – General employees
1 Administrative Assistant Community Development SEIU Local 1021 – General Employees
1 – TBD Public Works SEIU Local 1021- General
Employees
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
426
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
427
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S BUDGET
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to amend the budget to allocate the necessary funds for salaries, wages, and benefits as required; and
BE IT FURTHER RESOLVED, that, effective October 1, 2024, the City’s budget is hereby revised by appropriating the net impact of funding in an amount estimated at $1,595,346 to the respective departments for the following positions:
1 Senior Administrative Analyst Fire IFPTE Local 21 – Mid Management 1 Project Manager I/II Public Works IFPTE Local 21 – Executive Management 1 Project Manager I/II (.8) Fire/HR IFTPE Local 21 – Executive Management 1 Tree Leadworker Public Works SEIU Local 1021 – General Employees 1 Fire Inspector I/II (Permanent) Fire Firefighter’s Association Local 188 2 Groundskeepers Public Works SEIU Local 1021 – General Employees 1 Maintenance Worker I/II Public Works SEIU Local 1021 – General Employees 2 Gardeners Public Works SEIU Local 1021 – General Employees 2 Parking Enforcement
Representative
Police SEIU Local 1021 – General Employees
2 Tree Trimmers (TBD) Public Works SEIU Local 1021 – General Employees 2 Facilities Mtce. Workers Public Works SEIU Local 1021 – General Employees 1 Stationary Engineer Public Works SEIU Local 1021 – General Employees 1 Senior Administrative Analyst Public Works IFPTE Local 21 – Mid- Management 2 Office Specialists Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Aquatic Specialist Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Recreation Supervisor Community Services -
Recreation
IFPTE Local 21 – Mid Management
428
1 Management Analyst Economic Development –
Port
IFPTE Local 21 – Mid Management
1 Administrative Trainee Rent Control Department SEIU Local 1021 – General Employees 3 Crime Scene Technicians Police Department SEIU Local 1021 – General Employees 1 Administrative Assistant Police Department SEIU Local 1021 – General Employees 1 Office Specialist Community Development SEIU Local 1021 – General Employees 1 Assistant/Associate Planner Public Works SEIU Local 1021 – General Employees
BE IT FURTHER RESOLVED, that, effective October 1, 2024, the City’s budget is hereby revised by reducing for the following positions:
Classification Department Unit
1 Emergency Services Analyst Fire IFPTE Local 21 – Mid
Management
1 Associate Administrative Analyst Fire IFPTE Local 21 – Mid Management
1 Recreation Coordinator Community Services-
Recreation
SEIU Local 1021 – General
Employees
1 Senior Building Trades Worker Public Works SEIU Local 1021 – General Employees
1 Construction Inspector I Public Works SEIU Local 1021 – General Employees
1 Senior Accountant Public Works IFPTE Local 21 – Mid
Management
1 Office Assistant Rent Control SEIU Local 1021 – General employees
1 Administrative Assistant Community Development SEIU Local 1021 – General Employees
1 TBD Public Works SEIU Local 2021 – General
Employees
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
429
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
430
October 1, 2024
Library and Community Services
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager- Community
Services
Ranjana Maharaj, Deputy Director of Community
Services Recreation
Jene Levine-Snipes, Development Project Manager
Tetteh Kisseh, Recreation Supervisor
Subject:
Contract with Epic Limousine for Youth Outdoors
Richmond Transportation
FINANCIAL IMPACT: The proposed $29,300 expenditure is funded by the State of California Department of Parks and Recreation.
All expenditures are included within the Recreation
Division budget in Account String 10651051-400223-
25G12 as indicated below:
Fiscal Year 24-25 - $16,020
Fiscal Year 25-26 - $13,280
PREVIOUS COUNCIL
ACTION:
September 14, 2021- Authorization to submit grant
application for the Outdoor Equity Grant funds
October 18, 2022- Accept and Appropriate Outdoor
Equity Grant funds
STATEMENT OF THE
ISSUE:
Community Services-Recreation received $700,000 in
Outdoor Equity Grant funds for the Youth Outdoors
Richmond Program. Community Services-Recreation is
requesting City Council approval of a contract with Epic Limousine to provide transportation services to support the Youth Outdoors Richmond Program.
AGENDA
REPORT
431
October 1, 2024
RECOMMENDED ACTION:
APPROVE a contract with Epic Limousine to provide
transportation services for the Youth Outdoors Richmond Program in the amount of $29,300 for a term beginning
October 1, 2024, to July 31, 2025 – Community Services
Department (Tetteh Kisseh 510-620-6919/ Ranjana
Maharaj 510-620-6972/Jene Levine-Snipes 510-307-
8132).
DISCUSSION:
On September 14, 2021, Community Services-Recreation applied for a grant in the amount of $700,000 from the State of California Department of Parks and Recreation for the Youth Outdoors Richmond Program. On May 27, 2022, Community Services- Recreation was awarded the Outdoor Equity Grant funds for the Youth Outdoors Richmond Program.
The Youth Outdoors Richmond Program is a combination of volunteer work, activities and field trips designed specifically for Richmond youth and their extended families and friends. Program participants get a chance to experience activities in the community, local and regional natural area trips, activities for both education and self-discovery, and nature exploration. Some of the field trips so far have been conducted using city vehicles. Staff would like to expand this program to include more youth and families which will require buses to transport the participants and their families on excursions.
On January 30, 2024, staff solicited Requests for Quotes (RFQ) through the city’s BidsOnline system for Bus/Transportation services for the Youth Outdoors Richmond Program. The deadline to respond to the RFQ was February 6, 2024, and six vendors submitted a quote. Five standards were used to evaluate these quotes.
Selection Process and Evaluation Criteria
The proposals were reviewed by an evaluation committee using a proposal rating matrix to determine the most responsible bidders and to make a recommendation regarding the award of a contract. The following criteria was used by the evaluation committee to rate the proposals:
Experience demonstrated in providing transportation services, including review of references
Experience demonstrated in managing the company (i.e., internal controls, management personnel, etc.)
Background and skills demonstrated in understanding of the requirements of State laws
Proposed price
Flexibility and reliability
432
October 1, 2024
The received RFQs and ratings were as follows:
VENDOR NAME AMOUNT RATING TEAM
SCORES
RANK
Vol-Ten/Delta $54,000 210 4
True Elegance $32,560 250 2
Epic Limousine $29,300 264 1
Lux Bus America $42,854 225 3
Bay Area Charter $43,660 200 5
D. Harris $25,200 45 6
Upon careful review of the quotes, City staff provided the top cumulative score to Epic Limousine who was very responsive, has experience providing the services, and provided the information requested in the rating criteria. Although D. Harris was the apparent lowest bidder, they did not provide all the information that was requested for review during the evaluation process and the proposal received did not adequately meet the criteria set forth in the RFQ. Therefore, City staff is seeking City Council approval for a contract with Epic Limousine to provide transportation services for the Youth Outdoors Richmond Program.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Epic Limousine
Attachment 2 – Bid Report
433
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
2. Term. The effective date of this Contract is ____ ______ and terminates ______________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A:
Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ October 1, 2024______________
24-25 16,020
13,28025-26
434
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and incorporated herein.
10. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:
Title By:
I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G 435
Contract No: For the Contract between the City of Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
436
Table of Contents
Letter of Transmittal 3
Quote Sheets 4
Executive Summary 9
Fleet 11
References 12
2 Quote from Epic Limousine
437
Letter of Transmittal
Dear Mr. Kisseh,
We are writing to submit our quote in response to the City of Richmond's Request for Quote for Bus/Transportation Services for Participants Youth Outdoor Camps. Epic Limo and Bus is excited about the opportunity to extend our services and contribute to the success of the City's youth programs.
Enclosed with this letter is our detailed quote for the transportation services required by the City of Richmond, as outlined in the Request for Quote (RFQ) document. We have thoroughly reviewed the RFQ's scope and requirements and are confident that Epic Limo and Bus can meet and exceed the expectations for providing safe and reliable transportation for the youth of Richmond.
Our submission includes the quote sheet with our proposed costs, a total cost for all requested trips, additional information about our company and the buses we will deploy for the services, and references as requested. We have ensured that our quote addresses the need for inclusivity and accessibility for individuals with disabilities, as well as the comfort and safety features required for long-distance trips.
Epic Limo and Bus has a proven history of providing safe and dependable transportation services, particularly for children. We take pride in our experienced team and our commitment to the highest safety standards. We understand the importance of adherence to the City of Richmond’s guidelines and requirements, and we are prepared to provide all necessary documentation and fulfill the general requirements upon award.
Should you require any further information or clarification regarding our quote please do not hesitate to reach out to me directly by emailing [email protected], or by calling 415-794-2049. We are looking forward to the possibility of working with the City of Richmond and contributing to the enriching experiences of the participants of the Youth Outdoor Camp programs.
Sincerely,
Irwandie Tio | Director
Epic Limousine
3 438
Quote Sheets
2024-2025 Field Trips
4 Date Pick Up Location Pick up
Time
Destination Leave Destination
Time
Capacity Cost
10/5/24 Recreation Complex,
3230 Macdonald Ave,
Richmond CA
9:00am 4:00pm 25
children
3 adults
$1120
Recreation Complex,
3230 Macdonald Ave,
Richmond CA
9:00am 4:00pm 25
children
3 adults
$1050
10/11/24 -
10/13/24
Overnight
camp
Recreation Complex,
3230 Macdonald Ave,
Richmond CA
9:00am San Luis Reservoir
31426 Gonzaga Rd, Gustine
Depart San Luis
Reservoir @ 1pm.
Arrive Richmond
@6pm. Stop for
lunch
25 children
3 adults
10/11 $1520
10/13 $1520
10/26/24 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond
3pm Berkeley Field Station
The Watershed Project
Richmond
6pm 25 children
3 adults
$560
11/2/24 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond
8:00am Treasure Sailing Center
698 California Ave.
Building 112, San Francisco,
CA 94130
4:00pm 25 children
3 adults
$1260
10/19/24 Point Pinole Regional Park
Richmond
5551 Giant Hwy,
Richmond, CA 94806
Maclaren Park
2075 Burrows St.,
San Francisco, CA 94112
439
5 11/19/24 Richmond Recreation
Complex
3230 Macdonald
9:00am Shimada Friendship Park
The Watershed Project
Richmond
4:00pm 25 children
3 adults
$1050
12/14/24 Richmond Recreation
Complex
3230 Macdonald
8:30am Filoli Historic House and
Garden
86 Canada Rd, Woodside,
CA
4:00pm 50 children
5 adults
$1710
3/15/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10:00am Booker T. Anderson Park
960 S. 47th Street,
Richmond CA
6pm 25 children
3 adults
$1190
3/22/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
3pm Location TBD
within Richmond
6pm 25 children
3 adults
$560
3/29/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
8:00 am Santa Cruz Mystery Spot
12pm drive to Beach Walk
5pm 25 children
3 adults
$1680
440
SUMMER
4/5/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Tilden Nature farm
Berkeley CA
Tilden Nature Area
1500 Central Park Drive
Berkeley, CA 94708
4pm 25 children
3 adults
$980
4/26/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Point Pinole-Hiking.
Richmond
5551 Giant Hwy,
Richmond, CA 94806
4pm 25 children
3 adults
$910
6/30/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Oakland Zoo
Oakland
4pm 25 children
3 adults
$910
7/1/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Contra Loma
Regional Park. 1200
Frederickson Ln,
Antioch, CA 94509
4pm 25 children
3 adults
$980
7/2/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
9:30 am BTA @ 960 S. 47th Street,
Richmond CA
1:00pm 25 children
3 adults
$560
7/3/25 -
7/5/25
Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
7 am Castaic Lake
32132 Ridge Route Road
Castaic, CA 91310
Depart Castaic
Lake
at 1:00pm on
July 5
Arrive Richmond
by 8 pm
25 children
3 adults
$4000
6 441
7/6/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Tilden Nature farm.
1500 Central Park Drive
Berkeley, CA 94708
Phone
(510) 544-2233
Location subject to change
but within 20 miles radius
of pick-up location
4pm 25 children
3 adults
$980
7/7/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Point Pinole-Hiking .
5551 Giant Hwy, Richmond,
CA 94806
Location subject to change
but within 20 miles radius
of pick-up location
4pm 25 children
3 adults
$980
7/8/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Oakland Zoo.
Location subject to change
but within 20 miles radius
of pick-up location
4pm 25 children
3 adults
$980
7/9/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Contra Loma Regional Park.
1200 Frederickson Ln,
Antioch, CA 94509
Location subject to change
but within 20 miles radius
of pick-up location
4pm 25 children
3 adults
$980
7 442
7/10/25 Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am Miller Knox, Richmond.
Location subject to change
but within 20 miles radius
pick up location
4 pm 25 children
3 adults
$980
7/21/25
Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
10 am BTA @ 960 S. 47th Street.
Richmond, CA
1pm 25 children
3 adults
$560
7/22/25 -
7/24/25
Richmond Recreation
Complex
3230 Macdonald Ave,
Richmond CA
9 am San Luis Reservoir
(Central Calif.)
Depart San Luis
Reservoir
at 1:00 pm
July 24
Arrive Richmond
by 6 pm
25 children
3 adults
7/22 $1140
7/24 $1140
Total cost for all requested trips is $29,300. The pricing includes tax, fuel charge, and tolls fees.
Epic Limousine shall have the flexibility to adjust the dates of the shuttle bus service as needed.
However, Epic Limousine requires a minimum of three (3) days notice from the City of Richmond for any changes or confirmations regarding the service dates. This notice period is essential to ensure the availability and proper arrangement of the shuttle bus service. 8 443
Executive Summary
Overview:
Epic Limo and Bus has been a family-owned venture since 2012 with a focus on safety, reliability, and customer satisfaction. We cater to various needs such as school activity, camps, daily commuters, events, and conferences, prioritizing safety and comfort.
Our Mission:
Epic Limo and Bus mission is to create long-lasting memories by providing high-quality transportation services with friendly and knowledgeable drivers. We strive to provide our guests with a safe, enjoyable, and memorable experience.
Fleet Details:
● Our fleet consists of modern buses equipped with air-conditioning, on-board restrooms, and GPS tracking.
● Regular maintenance and safety checks are conducted to ensure all vehicles meet and exceed industry standards.
● Our fleet ranges in size and capacity, ensuring the ability to accommodate groups small and large with appropriate social distancing measures if required.
Safety Record:
Epic Limo and Bus is committed to the highest safety standards. Our drivers are highly trained professionals with spotless driving records, and our vehicles are equipped with the latest safety features.
We conduct background checks on all staff and provide ongoing training in defensive driving and safety protocols.
Experience:
With over 12 years in the transportation industry, we have served numerous schools, non-profits, government agencies, corporate, special events, and conferences. Our expertise extends to managing logistics for various event sizes, ensuring timely and efficient transportation services. 9 444
Licensing and Insurance:
● Fully licensed to operate in the state of California and within the City of Richmond. ● Carry comprehensive $2 million general liability insurance, $5 million commercial auto insurance, and $1 million workers compensation insurance.
Customer Satisfaction:
We pride ourselves on our excellent customer service, as reflected in our customer feedback and retention rates. Our 24 hours dedicated customer service team ensures that all trip details are meticulously planned and executed.
Contact Information:
● Irwandie Tio
● Phone: (415)794 - 2049
● Email: [email protected]
● Website: www.epiclimosf.com
For more information about our services or to discuss your transportation needs, please contact us. We are eager to add value to the City of Richmond’s Youth Outdoor Camp programs and look forward to the opportunity to serve your transportation needs.
10 445
Fleet
31 Passengers Minibus without Lavatory
Vehicle is equipped with AC, air suspension, USB charging on every row, and leather seats. 56 Passengers Coach with Lavatory
Coach is equipped with AC, overhead and underneath luggage space, and leather seats. 11 446
References
All quotes submitted shall be accompanied by three customer references (preferably local Richmond area or other governmental agencies) for whom the bidder has provided a similar scope of work during the past twelve (12) months of comparable settings, complexities and quantities as required of this request for proposal. These companies will be contacted prior to award of proposal.
With over 12 years in the transportation industry, Epic Limo and Bus has served numerous schools, non-profits, and government agencies. Our expertise extends to managing logistics for various event sizes, ensuring timely and efficient transportation services. Epic Limo and Bus has included three (3) references meeting the requirements for this proposal.
1. Name of Business: Vive Church Youth Summer Camps
Address: 2440 Leghorn St, Mountain View CA 94043
Approx. size of company: 2000 Dates of service: July 9,July 19-22, 2023 Contact person: Jackie Lee Phone number: (408) 309-4775 E-mail address: [email protected]
2. Name of Business: Foster City Elementary School
Address: 461 Beach Park Blvd, Foster City, CA 94404
Approx. size of company: 1000 Dates of service: March 21-23 2023, May 2019 Contact person: Kristy Van Ostrand Phone number: (650) 399-5567 E-mail address: [email protected]
3. Name of Business: Las Positas College
Address: 3000 Campus Hill Dr, Livermore CA 94551
Approx. size of company: 7000 Dates of service: October 21 2023, October 28 2023, November 10 2023
Contact person: James Giacomazzi Phone number: (916) 710-1600 E-mail address: [email protected]
12 447
Contract No: For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:
City of Richmond Finance/Account Payable
Project Manager:
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, before payments shall be authorized.
4. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 448
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EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 449
Contract No: For the Contract between the City of
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EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor exce pt to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City t o its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medi cal condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 450
Contract No: For the Contract between the City of
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affiliation, military and veteran status or legitimate union activities . Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and t o allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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Contract No: For the Contract between the City of
Richmond and
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license , required in connection with the performance of the services and tasks hereunder . The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumst ances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 452
Contract No: For the Contract between the City of
Richmond and
whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.
Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 453
Contract No: For the Contract between the City of
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.
In addition, Contractor will comply with all safety provisions in conformance with U.S.
Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 454
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 455
Contract No: For the Contract between the City of
Richmond and
be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to 456
Contract No: For the Contract between the City
of Richmond and
City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City.
The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 457
Contract No: For the Contract between the City
of Richmond and
United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 458
Contract No: 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, otherwise please state “NONE”):
459
Contract No: For the Contract between the City
of Richmond and
EXHIBIT F
INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior t o the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 460
Contract No: For the Contract between the City
of Richmond and
Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology -based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:
Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
461
Contract No: For the Contract between the City
of Richmond and
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additi onal insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An y additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 462
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):
Transportation Providers
Type 6 – Page 1 of 3
Revised: June 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 and Automobile 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 and Automobile 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 and automobile 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 Insurance.
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to 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.
463
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):
Transportation Providers
Type 6 – Page 2 of 3
Revised: June 2011
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $5,000,000 per occurrence for bodily injury and property damage.
Policy shall be endorsed to name the City of Richmond as an additional insured.
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 and Auto 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.
For general liability coverage, ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation 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.
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.
464
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):
Transportation Providers
Type 6 – Page 3 of 3
Revised: June 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
465
EXHIBIT G
466
4/25/24, 12:58 PM PlanetBids Vendor Portal
https://vendors.planetbids.com/portal/14590/bo/bo-detail/113858# 1/3 Bus/Transportation Services for Participants Youth Outd… Showing 17 Prospective Bidders
AP3 Systems
3939 San Pablo Dam Road
El Sobrante, California 94803
Contact: Mark Weinstein
Phone: 415-688-9203
[email protected]
Bidder no
Arjuna Transportation LLC
101 South Coombs St
Suite L
Napa, California 94559
Contact: Bobby Puri
Phone: 707-210-4221
Fax: 707-064-8222
[email protected]
DBE, WBE Bidder no
Bay Area Charters
3150 Hilltop Mall Rd. Suite 28
Richmond, California 94806
Contact: Tracy Fernandez
Phone: 510-964-4476
Fax: 510-417-2978
[email protected]
MBE, WBE Bidder no
Blessed Through Favors Inc
1618 Sullivan Avenue
Daly City, California 94015
Contact: Irwandie Tio
Phone: 415-794-2049
[email protected]
MBE, MIC, SAM, WBE, CASoS Bidder no
Code 3 Entertainment Services, LLC
3392 Clayton Road
Concord, California 94551
Contact: Alisha Stan eld
Phone: 925-577-9323
[email protected]
OSB, MBE Bidder no
Deltek
2291 Wood Oak Dr
Herndon, Virginia 20171
Contact: Source Management
Phone: 206-373-9500
[email protected]
Bidder no
Vendor Type StatusPre-Bid Meeting Attendee
467
4/25/24, 12:58 PM PlanetBids Vendor Portal
https://vendors.planetbids.com/portal/14590/bo/bo-detail/113858# 2/3 DMullisInsurance
1299 Bolton eld St.
Columbus, Ohio 43228
Contact: David Mullis
Phone: 505-988-6583
[email protected]
Bidder no
Durham School Services, L.P.
2701 Navistar Dr
Lisle, Illinois 60532
Contact: Paul Egger
Phone: 714-267-7936
[email protected]
Bidder no
EverDriven
5680 Greenwood Plaza Blvd. Ste 550S
Greenwood Village, Colorado 80111
Contact: [email protected]
Phone: 877-225-7750
[email protected]
Bidder no
GovDirections LLC
675 Ponce
Atlanta, Georgia 30043
Contact: Mark
Phone: 800-492-8523
[email protected]
Bidder no
kn inc
907 Park Street
San Diego, California 92093
Contact: Katten Nepalen
Phone: 800-444-8884
[email protected]
Bidder no
LOTUS USA,INC
445 S. Figueroa Street 31st Floor STE 3121
Los Angeles, California 90071
Contact: MADHURI YALAMANCHI
Phone: 213-298-7100
[email protected]
CADIR, OSB, WBE, MBE Bidder no
Lux Bus America Co.
560 Lincoln Avenue
San Jose, California 95126
Contact: Casey D Collier
Phone: 415-871-8663
[email protected]
Bidder no
MV Transportation, Inc.
2711 N. Haskell Ave.
Suite 1500 LB - 2
Dallas, Texas 75204
Bidder no
Vendor Type StatusPre-Bid Meeting Attendee
468
4/25/24, 12:58 PM PlanetBids Vendor Portal
https://vendors.planetbids.com/portal/14590/bo/bo-detail/113858# 3/3 Contact: Kathlyn Conway
Phone: 951-847-0023
Fax: 440-815-2294
[email protected]
PWXPress
1900 Coffeeport Rd,
jacksonville, Florida 32208
Contact: Mary Miller
Phone: 408-676-8941
[email protected]
Bidder no
Santa Barbara Transportation Corp
7394 Calle Real, Ste H
Goleta, California 90012
Contact: James Lasky
Phone: 323-421-7923
[email protected]
Bidder no
Vol-Ten Corporation
PO Box 5547
Stockton, California 95205
Contact: Shiloh Foust
Phone: 209-465-1053
[email protected]
OSB Bidder no
Vendor Type StatusPre-Bid Meeting Attendee
469
October 1, 2024
Mayor's Office
DATE: October 1, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
SUBJECT: Code Enforcement Officer Appreciation Week – Second Week of October
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Code Enforcement Officers are essential to maintaining
safety and quality of life in Richmond by enforcing vital community standards. Code Enforcement Officer
Appreciation Week honors their dedication and often
unrecognized contributions to our neighborhoods.
RECOMMENDED ACTION: PROCLAMATION declaring the second week of October as Code Enforcement Officer Appreciation Week in the
City of Richmond – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
AGENDA
REPORT
470
October 1, 2024
DISCUSSION:
Code Enforcement Officers play a critical role in ensuring the safety, health, and quality of life in the City of Richmond by enforcing laws and ordinances that address building standards, zoning, housing, and public health issues. Their work is essential to maintaining community standards, preventing neighborhood deterioration, and preserving property values, contributing significantly to the overall well-being of Richmond residents.
Despite their vital contributions, Code Enforcement Officers often work behind the scenes and face demanding situations without adequate recognition. They collaborate across various levels of government, interact daily with the public, and apply their expertise to uphold regulations that protect our community. Recognizing Code Enforcement Officer Appreciation Week encourages Richmond’s residents, civic leaders, and youth to understand and appreciate the important role these professionals play in enhancing the safety, appearance, and livability of our neighborhoods.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
471
Mayor Eduardo Martinez
City of Richmond
October 1, 2024
Melvin Willis
District 1 Councilmember
City of Richmond
Code Enforcement Officer Appreciation Week – Second Week of October WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of citizens in communities throughout the City of Richmond by enforcing local, state, and federal laws and ordinances addressing building, zoning, housing, animal control, environmental, health, and life safety issues; and
WHEREAS, Code Enforcement Officers face challenging and demanding roles and often do not receive the recognition they deserve for improving the quality of life for residents and businesses within our community; and
WHEREAS, the role of Code Enforcement Officers has expanded significantly in recent years, with local jurisdictions increasingly relying on their expertise and training to maintain community standards; and
WHEREAS, Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who work tirelessly to prevent neighborhood deterioration, enhance community standards, ensure public safety, and preserve property values through knowledge, training, and the enforcement of housing, zoning, and nuisance laws; and
WHEREAS, Code Enforcement Officers often have a highly visible role in the community, regularly interacting with the public and collaborating with a variety of federal, state, county, and local officials; and
WHEREAS, the City of Richmond wishes to recognize and honor the contributions of Code Enforcement Officers who serve our community and acknowledge their role in leading efforts to improve the quality of life in our neighborhoods;
NOW, THEREFORE, I, Mayor Eduardo Martinez, on behalf of the Richmond City Council, Richmond do hereby declare the second week of October as Code Enforcement Officer Appreciation Week in the City of Richmond, and call upon all residents to join in recognizing and expressing their heartfelt appreciation for the dedication and service of Code Enforcement Officers who work to enhance the safety and well-being of our community.
Vice Mayor Jimenez
District 6 Councilmember
City of Richmond
472
October 1, 2024
Mayor's Office
DATE: October 1, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Appointment of Nathaniel Bates to the
Richmond/Zhoushan Friendship Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Nathaniel Bates is applying for a vacant seat on the
Richmond/Zhoushan Friendship Commission. Nathaniel
would be filling a term that was formerly vacated; thus, she would be filling an unexpired term.
RECOMMENDED ACTION:
APPOINT Nathaniel Bates to the Richmond/Zhoushan
Friendship Commission with a term that expires
December 31, 2026 - Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION: With forty-five years of service to the City of Richmond, Nathaniel Bates has served a Councilmember and Mayor. In these roles Mr. Bates has served as a policy maker and ambassador. Mr. Bates has long supported relations with Richmond’s AGENDA
REPORT
473
October 1, 2024
Sister City of Zhoushan China by traveling to China for cultural and economic exchange. Mr. Bates has also served as host when delegates from Zhoushan China have traveled to Richmond in an exchange of common good and fellowship. Mr. Bates commitment make him highly qualified to be appointed to this commission.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted Nathaniel Bates application
474
475
October 1, 2024
Mayor's Office
DATE: October 1, 2024
TO: Members of the City Council
FROM:
Eduardo Martinez, Mayor
Subject:
Reappoint Mindy Pines to the Richmond -Shimada
Friendship Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Mindy Pines is reapplying for the Richmond-Shimada
Friendship Commission
RECOMMENDED ACTION:
REAPPOINT Mindy Pines to the Richmond-Shimada
Friendship Commission with a term that expires on
January 18, 2027 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION: Mindy has experience of living in Japan along with serving on the Commission for a year. Mindy has shown a passion for cultural exchange and AGENDA
REPORT
476
October 1, 2024
promotion of understanding and compassion for each country’s histories and futures.
Mindy should continue to bring her experience and leadership to the commission.
DOCUMENTS ATTACHED:
Attachment 1 – Mindy Pines redacted application
477
478
Richmond Police Department
Crime Report
Council Report July & August 2024
Mayor Martinez, Council and Community,
The attached documents provide the statistical data related to crime for July and August. In addition to the crime statistics, you will also find statistical information related to our use of the FLOCK camera system as well as data related to our Shotspotter gun detection system. This information includes the number of cases in which the License Plate Reader (LPR) cameras have assisted over the past year and the gun shot detection over the past month. It should be noted that not all areas of the city have Shotspotter technology so the information captured is relative to the locations of the equipment.
In the attached documents you will see that robberies have increased over the past month. There does not appear to be a link in many of the robberies reported as there are different modus operand’s and the robberies are happening in various locations across the city. There was a slight decrease in property crimes with less reports of burglaries and vehicles thefts. Officers recovered 40 firearms during over the past two months and handles nearly 50 driving under the influence arrests.
Additionally, I would like to highlight a few significant cases that occurred over the past month.
Homicide – 8/6 – 1300 Block of Lincoln Ave
Officers responded to a report of a shooting at the location. Officers located a male who had been shot once inside the residence. Despite life-saving measures, the victim succumbed to his injuries. Officers took another resident into custody at the scene, who was still armed with the firearm used in the homicide. Investigators responded and ultimately obtained a filing against the suspect for murder.
This was the 10th homicide of the year. Seven out of the ten homicides are solved and the remaining three continue to be investigated.
Gun arrest – 8/8 – 500 blk of 16th St
Officers responded to reports of two subjects sitting in a vehicle with an assault rifle and taking pictures with it. The vehicle left before officers arrived on the scene, but officers were able to locate it on 13th St near Portola, where a felony stop was conducted. Two 3D printed rifles were recovered from the vehicle, and both occupants were arrested.
Wire Theft Arrest – Hall Ave / Harbour Way South
Officers responded for a report of a wire theft in progress. The reporting person provided a description of the suspect and officers located the him walking in the area. They confirmed wires freshly cut and bolt cutters left at the scene. The suspect was positively 479
identified by the reporting person. The suspect was arrested and was also found to be in possession of illegal narcotics.
Two hours later, officers responded back to the location for a nother report of wire theft.
This suspect was trying to take the remaining cut wire off the pole left from the previous theft. Officers located a possible suspect but could not confirm his involvement. He did however, have warrants and was in possession of illegal narcotics. The suspect was taken into custody and booked into the RPD holding facility.
Mental Illness/Firearm Brandishing/Swat call – 500 block of 2nd St
Officers responded to a report of a neighbor standing on his porch with a firearm who was aiming it at people passing by. Officers located the su bject on the porch, and he had a firearm in his hand. The subject entered and exited his residence several times while armed with the firearm. Officers attempted crisis negotiations but the subject failed to comply. Officers attempted to de-escalate by leaving the area, however the subject came back out with the firearm. A SWAT call was initiated, and the subject was ultimately taken into custody after chemical agents were introduced into the residence. The firearm was determined to be a replica.
Wire theft / death – South 2nd near I-580
Officers responded to sounds of an explosion and subjects running from a manhole cover. Officers located a deceased male in the underground vault along with standing water and exposed electrical wires. Cut electrical wires were located outside the manhole cover. It took 12 hours to recover the deceased person from the manhole. It appears two suspects fled, and all involved were stealing wire.
Commercial Burglary – 000 block of 18th St
Officers responded to a commercial burglary in progress with 10-15 suspects on scene armed with rifles. Officers arrived and confirmed a burglary was committed. They pursued a vehicle fleeing the area. The pursuit went into Oakland, where four occupants attempted to flee on foot. All four were taken into custody. Officers determined the location was an illegal marijuana grow operation. Public Works secured the building.
A short time later, officers returned and determined that the location had been broken into again. Several suspects were seen inside, and an additional two suspects were arrested.
Additional statistical data can be found on our website – richmondpd.net
In Service,
Bisa French
Chief of Police
Richmond Police Department
480
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Statistics Report
8/1/24-8/31/24
CALLS FOR SERVICE MONTHLY PRIOR YEAR-MONTH 3 MONTH COMPARISON YEAR TO DATE JULY
2024
AUG
2024
% AUG
2023
AUG
2024
% MAR-MAY
2024
JUN-AUG
2024
%
YTD
2023
YTD
2024
%
SHOTS FIRED 25 27 +8% 37 27 -27% 64 90 +41% 227 220 -3% ACTIVATIONS 29 21 -28% 40 21 -48% 126 92 -27% 417 304 -27%
CRIME INCIDENT MONTHLY PRIOR YEAR-MONTH 3 MONTH COMPARISON YEAR TO DATE JULY
2024
AUG
2024
% AUG
2023
AUG
2024
% MAR-MAY
2024
JUN-AUG
2024
%
YTD
2023
YTD
2024
%
SHOOTING 13 10 -23% 19 10 -47% 37 39 +5% 95 114 +20%
481
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Chart Report – Shots Fired Calls for Service & ShotSpotter Activations Monthly progression, past year
482
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Chart Report – Shooting Incident Reports
Monthly Progression, past year
483
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Map – Shots Fired Calls for Service
8/1/24-8/31/24
484
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Map – ShotSpotter Activations
8/1/24-8/31/24
485
Richmond Police Department
Crime Analysis Report
1701 Regatta Blvd, Richmond CA 94804 September 3, 2024
SHOT SPOTTER REPORT
AUGUST 2024
Map – Shooting Incident Reports
8/1/24-8/31/24
486
ARRESTS WITH THEUSE OF LPR
RICHMOND POLICE DEPARTMENTAutomated License Plate Reader Statistics
VEHICLE RECOVERIESWITH USE OF LPR
Vehicle Theft
97 DATE: 1/1/24 - 8/31/24
Sept 3, 2024
CASES ASSISTEDBY LPR(Identifying suspectvehicle/Location, History, etc.) 275
95 LICENSE PLATERECOVERIES WITHUSE OF LPR
8 OFFENSES ASSOCIATED WITH ARRESTS
Embezzle Leased/Rented Vehicle
LPR HOT LIST READS
Stolen Plate
Stolen Vehicle
Felony Vehicle
Total LPR Hot List Reads
Hot List Type Total Reads
61,520
2,433
247
71,413
YEAR-TO-DATE STATISTICS
Homicide Organized Retail TheftEvade Peace Officer
Vehicle Recovery
Poss. of Stolen Vehicle
Poss. ControlledSubstanceCarry Loaded Handgun
Assault w Firearm onPerson
Felon/Addict inPossession of a Firearm
BurglaryCarjacking
Obstruct/Resist PeaceOfficer Poss. of Marijuana Over1oz Assault w DeadlyWeaponRobbery
Fugitive from Justice:Warrant Arrest
Criminal Threats
487
Richmond Police Department
Crime Statistics Report
1701 Regatta Blvd, Richmond CA 94804 September 5, 2024
** To provide crime stat data to the public as expeditiously as possible, the crime stats presented on this page are based on UNAUDITED RMS data gathered from police reports throughout all steps of the report writing process and are therefore subject to change until Records Audit and NIBRS validation is complete.
DATE: 8/1/24-8/31/24 (AUGUST 2024)
VIOLENT CRIME:
Offense Type July August % Change
Homicide 1 1 No change
Aggravated Assault 104 85 -18%
Robbery 19 29 +53%
Sexual Assault 7 8 +14%
Violent Crime Total 131 123 +%
PROPERTY CRIME:
Offense Type July August % Change
Burglary
(Excludes Auto Burg.) 37 28 -24%
Theft
(Includes Auto Burg.) 142 154 +8%
Vehicle Theft 121 105 -13%
Arson 2 0 -100%
Property Crime Total 302 287 -5%
REPORTS/CALLS FOR SERVICE:
Report/CFS Type July August % Change
Impounds 418 396 -5%
Collision – Calls for Service 123 168 +37%
DUI Related – Traffic Collisions 4 6 +50%
DUI Reports 23 25 +9%
Sideshow – Calls for Service 8 8 No change
Total Firearms Recovered 19 21 +11%
488
October 1, 2024
Police Department
DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Bisa French, Chief of Police
Subject:
Three-year contract with Chaplin & Hill Investigative
Services LLC
FINANCIAL IMPACT: The estimated first year expenditure of $100,000 is included in the approved Police Department budget, and
future year expenses will be budgeted for appropriately – account string 01191021-400201.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
A contract services agreement with an outside third-party firm, Chaplin & Hill Investigative Services LLC, is needed to investigate administrative investigations into police misconduct, to include high profile use of force incidents, for the Richmond Police Department.
RECOMMENDED ACTION:
APPROVE a three-year contract with Chaplin & Hill
Investigative Services LLC, for third-party administrative investigative services in an amount not to exceed
$300,000, for a term beginning October 2, 2024, and
expiring on October 1, 2027 – Police Department (Chief
Bisa French 510-621-1802).
DISCUSSION:
On May 24, 2024, in accordance with the Purchasing Policy, the Police Department issued a request for proposal (RFP) to solicit bids to provide police investigative AGENDA
REPORT
489
October 1, 2024
services with a deadline for submitted of June 28, 2024. 843 vendors were notified, and three submitted proposals.
Following the City of Richmond’s purchasing policy, a selection committee composed of Police Department staff reviewed all submitted proposals and rated each vendor based on background and experience, cost, and scope of services. MCR Investigations and Consulting has less experience with departments in Contra Costa County, and scored 165 points out of a possible 200 points. Oppenheimer was the most expensive of the three and scored 140 points out of a possible 200 points. Chaplin & Hill Investigative Services received 190 points, out of a possible 200 points. Based on the review of background and experience, cost, and scope of services, Chaplin & Hill Investigative Services was determined to be the most qualified to perform the services requested.
The Police Department is requesting a three-year contract agreement with Chaplin & Hill Investigative Services LLC, to provide investigative services for administrative investigations into police misconduct and use of force cases. Chaplin & Hill Investigative Services LLC has investigators that are trusted subject matter experts and former Chiefs of Police with 55 years of combined experience from local police agencies.
Chaplin & Hill Investigative Services possess a deep understanding of the Peace Officers Bill of Rights and the requirements of an administrative investigation. Chaplin & Hill Investigative Services LLC possess the necessary expertise, experience, and credibility to produce a work product with usable findings related to the Richmond Police Department’s (RPD) policies and procedures.
Investigators at Chaplin & Hill Investigative Services LLC understand the nuances of the Peace Officers Bill of Rights, particularly as it pertains to Police Officer Association Elected Board members. They stand alone in possessing the necessary expertise, experience, and credibility to produce a work product with usable findings related to RPD policies. This will enable an expedited review process, allowing RPD to take immediate action if necessary within the 4-week time frame required to meet employment law obligations. Failure to complete these types of investigations promptly could result in the inability of RPD taking immediate action that could result in significant loss of an employee’s liberty.
Police Department staff is requesting that the City enter into a standard three-year contract with Chaplin & Hill Investigative Services LLC, for a total contract amount of $300,000, for a contract term of October 2, 2024, to October 1, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – RFP
Attachment 2 – Bid Summary
Attachment 3 – Chaplin & Hill Proposal
Attachment 4 – Standard Contract
490
Request for Proposal (RFP)
Investigative Services
Release Date: May 24, 2024
Deadline for Submittal: June 28, 2024, 5:00PM
491
INTRODUCTION
This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may cause disqualification. The anticipated term of this contract will be for one year (1) year and an option to renew for (2) two additional years by means of a mutual agreement of both parties.
Proposers are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is seeking proposals from qualified professionals to assist with the Office of Professional Accountability investigative duties.
The OPA is an independ ent Office of Professional Accountability (OPA) within the Richmond Police Department (RPD), committed to ensuring our employees provide the best service, individually and collectively to the public we serve. As part of our commitment to provide trusted, fair, and objective handling of citizen inquiries, the OPA intends to retain firms or individuals with extensive experience investigating complaints.
The OPA’s mission is to constantly improve and achieve a more trusted and transparent accountability system. To do this, OPA focuses on six areas:
o Investigation of complaints, facilitation of mediation services. o Review use of force incidents, officer involved shootings and pursuits. o Examine patterns of behavior of officers to prevent future errant behavior. o Facilitate legal and judicial requests for information. o Evaluate police regulations and make policy and procedure recommendations. o Improve transparency concerning accountability improvements & procedures.
The respondent is expected to follow all applicable federal, state, local laws, statutes, ordinances, rules, regulations, understanding of Police Officer Bill or Rights (POBR), Miranda Rights, Weingarten Rights, etc.
The ideal respondent should be located within a 1-hour travel time or 30-mile radius from the City of Richmond and may be required to travel to other cities in the bay area to conduct interviews and investigations.
The Police Department anticipated annual budget is $100,000 per year for up to three years (three years contract for up to $300,000). This amount may be evenly split if the department chooses to award the contract to multiple qualifying respondents. 492
PROPOSAL FORMAT GUIDELINES
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project.
Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical and legal terms that are used.
All proposals will be scored the as follows:
Respondents Background/Experience (25 Points)
a. Demonstrates expert knowledge in Police Officer Bill of Rights, and other related law enforcements specific rights, such as Weingarten, Miranda, etc. b. Reside within a 30-mile radius from the City of Richmond, or 1- hour travel time.
c. Previous experience performing similar work with the City of Richmond, or with another local law enforcement agency.
d. Demonstrate knowledge and minimum of 5+ years of continuing experience with investigating use of force complaints.
Cost (25 Points)
Provide a comprehensive fee schedule for all the services the Proposer will provide to the Police Department. All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal.
Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the Police Department.
Scope of Services (50 Points)
Proposer must have the ability to provide some or all the following services (although not all listed will be required):
a. Meet with department personnel and management to discuss confidential matters, including allegations to be investigated.
b. Provide an investigative plan or planned approach to investigate the issue in a fair and unbiased manner.
c. Determine the most appropriate investigative method to follow in accordance with all federal, state, and local laws.
d. Interview all personnel involved with the investigation, including witnesses, complainants, subject personnel, and others.
e. Review evidence including supporting documents, audio clips and video clips, pictures, data from various sources including cell phone and other electronic communication devices.
f. Conduct research necessary in accordance with all federal, state, and local applicable laws.
g. Evaluate and analyze the evidence to formulate well supported investigative conclusion related to the investigation.
493
h. Ability to learn and use internal computer software to look up evidence, including but not limited to CI -Technologies IA Pro, Axon Evidence.com and Axon Standards.
i. Submit a cohesive and well written report with supporting documents, facts, findings and recommendations with all evidence and applicable material to the OPA Manager or Police Chief.
j. Ability to conduct confidential debriefing with authorized Police Department personnel.
k. May participate in administrative hearings, civil and/or criminal court proceedings that result from the investigations.
l. Perform all work as directed in the strictest confidential manner. m. Proposer may be required to participate in a pre- employment screening that may include a police background investigation and/or polygraph. n. Ability to pass CLETS Security Awareness and FBI fingerprint security clearance if required.
o. Provide monthly (or agreed period) invoice that details the service performed, total number of hours worked, task summary, and other information deemed relevant by RPD personnel.
A. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
B. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
C. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub- consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in c onflict or likely to conflict with City of Richmond’s interests.
Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
494
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal as they will not be answered.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on June 14, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.
Otherwise, answers to questions received will be provided on the Q&A tab as soon as practical. It is the proposer’s
responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, to download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's B idsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions to the Bidsonline system before the deadline. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will may be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.
The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
495
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Proposer.
6. Solicit best and final offers from all or some of the Proposer.
7. Select one or more Proposer.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirement s of California Government Code section 6254.7. Only information claimed to be a trade secret at t he time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance.
The Proposer will also be required to maintain the necessary insurance, including general liability and automotive insurance with all necessary endorsements/exclusions and provide an updated COI insurance once expired.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold and obtain a City of Richmond business license that is renewed annually. Please check the City of Richmond website for business license fees and requirements.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code
(RMC) Chapter 2.28), Business Opportunity Ordinance ( RMC Chapter 2.50 ), Local Employment Program Ordinance ( RMC Chapter 2.56), Living Wage Ordinance ( RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) ( RMC Chapter
2.65), which are incorporated into the Contract Documents by this reference.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal. 496
Withdrawal of Proposals
A Proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose ( except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will r emain confidential until after the award is made, and there will be no public opening and reading of Proposals.
Overall responsiveness to the RFP is an important factor in the evaluation process.
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. The offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, Police Department personnel will then work with the Proposer to complete the administrative paperwork. 497
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
498
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
499
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
500
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
501
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
502
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
503
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
504
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
505
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
506
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
507
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
508
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
509
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
510
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
511
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
512
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
513
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
514
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
515
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
516
City of Richmond
Background Investigation Services, bidding on 06/07/2024 5:00 PM (PDT)
Printed 05/28/2024
PlanetBids
517
City of Richmond
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Richmond Police Department
Request for Proposal
for
Investigative Services
Submitted by
May 28, 2024
590
RFP REQUIREMENTS
Name and Address of Firm:
Chaplin and Hill Investigative Services LLC
191 Oak Knoll Loop
Walnut Creek, CA 94596
Date Established:
April 22, 2021
Background and Experience:
The owners, Thomas Chaplin and Jay Hill are both retired law enforcement executives.
Thomas Chaplin retired as the Chief of Police for the Walnut Creek Police Department in October of 2020 after serving thirty-one years in law enforcement (four agencies). Jay Hill was serving as the Interim Chief of Police for the Walnut Creek Police Department when he retired in February 2021. Mr. Hill worked his entire twenty -five-year career for the Walnut Creek Police Department.
Prior to retiring from their law enforcement careers, Mr. Chaplin and Mr. Hill began preparing for their post-retirement careers and recognized a mutual interest in forming a private investigation company specializing in workplace and administrative investigations.
Mr. Chaplin and Mr. Hill saw a burgeoning need for independent, third -party investigations, particularly considering recent public scrutiny of public employees. Mr.
Chaplin and Mr. Hill sought to utilize their experience to address this need and received their private investigator license on April 22, 2021.
On May 10, 2021, Mr. Chaplin and Mr. Hill announced the formation of Chaplin and Hill Investigative Services LLC by sending out a handful of introductory letters to public agencies. Based on the reputations and relationships they’d developed throughout their careers, Chaplin and Hill Investigative Services LLC signed its first clie nt contract the following day. Since then, Chaplin and Hill Investigative Services LLC has conducted investigations in 16 California counties for more than 50 clients (mostly police departments and municipalities), many of which are repeat customers.
Chaplin and Hill Investigative Services LLC ha ve been growing ever since, primarily through word of mouth and referrals, and more than a dozen additional experienced investigators have been added to our team.
Since forming just over three years ago, Chaplin and Hill Investigative Services LLC has conducted over one hundred thirty investigations including, but not limited to:
Discourteous/Rudeness complaints, Harassment, Discrimination, Hostile Work Environment, Assault, DUI (of off-duty police/firefighters), Excessive Use of Force (including use of K -9), Biased -Based Policing, Narcotics Violations, Officer Involved Shootings, Negligent Discharge of a Firearm, Domestic Violence, Neglect of Duty, and Conduct Unbecoming an Officer.
591
Current Size and Structure:
Chaplin and Hill Investigative Services LLC consists of approximately 1 2-14 highly experienced investigators, all of whom are former law enforcement officers, including several former high-ranking executives and police chiefs. Thomas Chaplin and Jay Hill are co-owners/partners in the company but also frequently serve as the primary investigators.
As demand increases and the company continues to grow, Chaplin and Hill Investigative Services LLC plans to bring on additional private investigators to complement our team and expand our services.
Qualifications
All Chaplin and Hill Investigative Services LLC employees and contractors are highly experienced former law enforcement professionals. Bio’s for all Chaplin and Hill Investigative Services LLC investigators can be found on our website https://www.chaplinandhill.com/our-team/
Mr. Chaplin and Mr. Hill are both authorized statewide investigators through the Employment Risk Management Authority (ERMA).
Current and Previous Clients
The following are some of the San Francisco - Oakland Bay Area public agencies we have performed administrative investigations for since forming in April of 2021:
Antioch Police Department East Bay Regional Parks Police Brentwood Police Department Oakland Housing Authority
El Cerrito Police Department Fremont Police Department Martinez Police Department Union City
Moraga Police Department Newark Police Department
Oakley Police Department San Leandro Police Department Pinole Police Department Benicia Police Department
Pittsburg Police Department Central Marin Police Authority Richmond Police Department Fairfield (City and Police Department) San Ramon Police Department Los Altos Police Department Napa Police Department Marin County Sheriff’s Dept
Novato Police Department Menlo Park Police Department San Mateo County Sheriff’s Department East Palo Alto Police Department Morgan Hill Police Department Milpitas Police Department In addition to the above San Francisco -Oakland Bay Area public agencies, Chaplin and Hill Investigative Services LLC has performed administrative investigations and/or consulting services for approximately one dozen out -of-the-area public agencies and another dozen private companies, law firms, and individuals.
592
Scope of Services:
Chaplin and Hill Investigative Services LLC specializes in workplace investigations, including, but not limited to, internal affairs investigations and complaints involving firefighters and peace officers. We are experts in the nuances of the Peace Officers Bill of Rights, Firefighters Procedural Bill of Rights, Weingarten Rights, the Meyers-Milias-Brown Act, and conducting investigations in accordance with existing labor agreements.
Chaplin and Hill Investigative Services LLC will conduct investigative work in the form of, but not limited to:
o Review evidence in the form of:
o Reports
o Correspondence, including emails, text messages,
video/audio recordings, surveillance footage, other digital media and other material related to the investigation
o Identify the type of potential misconduct (e.g., violations of work rules and policies, discrimination and/or harassment based on protected class, etc.) o Interview subjects, witnesses, and complainants
o Evaluate and analyze the evidence to formulate well-supported investigative conclusions.
o Generate well-written, cohesive, and comprehensive reports related to the investigation to include:
o Introduction
o Methodology
o Synopsis
o Evidence/Investigation (review of evidence, witness and subject interviews)
o Summary/Findings (with recommendations if requested)
o Exhibits
We will provide routine updates as to the progress of the case and attend meeting s as necessary/requested. We will participate in a dministrative proceedings and civil and/or criminal court proceedings related to the investigation if needed. We will conduct research as necessary in accordance with all federal, state, and local applicable laws.
The confidentiality of our investigations is held to the highest possible level within the framework of ethical and legal standards.
Chaplin and Hill Investigative Services LLC takes pride in conducting investigations in a timely manner.
593
Comprehensive Fee Schedule
The standard rate charged by Chaplin and Hill Investigative Services LLC for administrative investigations is $200 per hour. Beginning on July 1, 2024, the rate will increase to $225 per hour to adjust for inflation and current economic conditions.
Charging Structure:
a. We charge for our time in minimum units of .25 (15 minutes) of one hour. Travel and report preparation are considered investigative time and will be billed accordingly.
b. We charge all expenses and costs incurred as the result of and during the investigation, including, but not limited to, case review, correspondence, interview preparation, conducting interviews, in-person meetings, virtual meetings, telephone calls, documentary/digital evidence collection and review, investigative research, and report generation.
c. Supplemental incurred expenses and costs are invoiced at actual cost; for example:
transcription (currently $1.50 per minute of interview) , printing, parking, tolls, rental vehicles, props and/or special equipment rental (if needed and approved).
d. All costs and expenses related to transportation, lodging, meals, and other travel-related expenses are based on the current CA Dept. of General Services rate in effect at the time of this Agreement. https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates- results?action=perdiems_report&fiscal_year=2024&state=CA&city=&zip=
e. We do not charge Clients for initial consultations or to answer questions regarding their bills.
f. Testimony (hearings, trials, depositions, special appearances) is invoiced as a full-day activity at the cost of $1,600 (through June 30, 2024) or $1800 (after June 30, 2024) per required investigator regardless of the length of the testimony or time spent in court.
g. We will submit monthly invoices detailing the services performed, the number of hours worked, and all costs associated with the investigation.
Copy of business and investigator licenses
Attached
Copies of certificates of general and professional liability insurance
Attached
594
Other Pertinent Information
As former law enforcement executives with demonstrated success in complex criminal and administrative investigations, and personnel disciplinary matters, we recognize the importance of conducting timely, effective, impartial, and thorough investigations. We believe that there is value in using an independent third party to foster trust, enhance transparency, and guarantee objectivity.
We recognize the magnitude of the decision to conduct an administrative investigation and offer our services to you with a promise of timeliness, confidentiality, expertise, and, most importantly, unparalleled service and quality. We will provide an objective review of facts, conduct a thorough investigation, generate comprehensive reports, and make a recommendation of findings (if requested).
We will provide you with the confidence of having a professional, dedicated, and experienced team that is capable of handling investigations of any complexity.
We appreciate the opportunity to apply for this assignment and look forward to the possibility of working with the members of the City of Richmond and the Richmond Police Department.
Name: Thomas Chaplin Name: W. Jay Hill
Title: Owner/Partner Title: Owner/Partner
Signature:_________________________ Signature:_________________________ 595
Business Type
THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.
Business Name
Business Location
Business Owner(s)
License Number
Issue Date
Expiration Date
CITY OF WALNUT CREEK
BUSINESS LICENSE TAX CERTIFICATE
191 OAK KNOLL LOOP
WALNUT CREEK, CA 94596-5418
CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC
191 OAK KNOLL LOOP
WALNUT CREEK, CA 94596-5418
For all inquiries regarding this license, contact HdL
Business Tax Support Center at (925) 393-7732.
CHAPLIN AND HILL INVESTIGATIVE SERVICES
LLC
CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC MISCELLANEOUS-
PROFESSIONAL
July 01, 2024
June 30, 2025
16528042
CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC :
Thank you for your payment on your City of Walnut Creek Business License Tax Certificate. ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (925) 393-7732.
Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed certificate. A fee may be charged for a replacement or duplicate certificate.
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/.
City of Walnut Creek
BUSINESS LICENSE TAX CERTIFICATE
BUSINESS SUPPORT CENTER
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2024
16528042License Number: CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC 191 OAK KNOLL LOOP
WALNUT CREEK, CA 94596-5418
2024 - 2025
TO BE POSTED IN A
CONSPICUOUS PLACE AND
NOT TRANSFERABLE OR
ASSIGNABLE.
The person, firm or corporation named below is hereby licensed to engage in the business, profession, or trade described in the City of Walnut Creek for the period indicated. Notwithstanding the foregoing, this license is issued pursuant and subject to all laws, ordinances, and regulations that are applicable to the conduct of such business in the City of Walnut Creek. Issuance of this license is not an endorsement, nor certification of compliance with the applicable laws, ordinances and regulations.
This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California. 596
c:::1ca 0£PARTME.NT Of CONSUMER AFfAIRS
License No. Pl 189176
Receipt No. 31239
CHAPLIN AND HILL INVESTIGATIVE SERVICES
LLC
191 OAK KNOLL LOOP
WALNUT CREEK, CA 94596-5418
Bureau of Security �nd Investigative Services
P.O. Box 989002
West Sacramento, CA 95798-9002
(916) 322-4000
Valid Until: 04/30/2025
In accordance with the provisions of
Division 3, Chapter 11.3 of the Business
and Professions Code, the company
named hereon is issued a Private
Investigator License Renewal.
- - - - NON-TRANSFERABLE POST IN PUBLIC VIEW
-0 0
8 If
597
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
5/28/2024
Chaplin and Hill Investigative Services LLC
✔ P
191 Oak Knoll Loop
Walnut Creek, CA 94596-5418
85 2739903
598
C:\Users\mckenzp\Desktop\Vendor Supplemental Questionnaire Form (Update 2021).doc27-June-2006 Vendor Supplemental Questionnaire Form
Email Back To: @ Fax #:
Requesting Department – Contact Person
Full Legal Name:
Address:
City: State: Zip Code:
If PO Box given, also provide the physical address given to the California State Board of Equalization when applying for a Seller’s Permit.
Street Address:
City: State: Zip Code:
Contact Information
Name:
Telephone # Fax #
Toll Free Telephone #
Toll Free Fax #
E-Mail Address: Web Page URL:
Separate payment address (if applicable)
Address:
City: State: Zip Code:
For Sole Proprietors only – Please check the blocks below:
Please, check Yes or No in the two questions below. If the answer to A. is YES, continue to B. I f the answer to B. is NO, please provide your Social Security Number if you have not already done so on the W-9.
A. Are you a sole proprietor who will be providing services to the City? Yes No B. Do you have any employees? Yes No
Amount of Contract: ___________ Expiration Date of Contract: ____________ Social Security Number: ______- _____ - _______
Disclosure Statement for Limited Liability Companies
Is your Business a Limited Liability Company (LLC)? Yes No If the owner and/or applicant is an LLC, please complete Disclosure Statement on back .
Requesting Department Staff: Please indicate the type of transactions you are seeking from the vendor:
Goods Services Services / Legal / Lawyer Services / Rent
If both Goods and Services = Please indicate which is larger – 51% or more as Goods, or 51% or more as Services.
If COR Employee – Set up as: Medical / Disability Child Support Non-Taxable Reimbursements 599
Disclosure Statement for Limited Liability Companies
Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.
If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual person(s) is/are disclosed.
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.
In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.
Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
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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:
Title:
I hereby certify that this Contract
has been approved by City Council.
B y :
City Clerk
Approved as to form:
B y :
City Attorney
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By: Jay Hill
Title:
Owner/Partner
Date Signed: May 28, 2024
(* The Corporation
Chief Financial Officer,
Secretary or Assistant Secretary
should sign below)
By:
N/A
Title:
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
604
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:
605
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. 606
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond
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.
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. 607
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices . All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the
administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 609
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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 610
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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 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. 611
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a peri od 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 612
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any necess
ary 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, Ci
ty 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 614
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misc onduct 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 615
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responsibility for the safety of Contractor's employees and any subContrac
tor'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, ordinanc
es, 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 616
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under this Contract and shall not
assign this Contract, nor any portion
hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclus
ivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 617
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is
prevented or delayed by reason of
acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third
Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 619
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 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 financ
ed 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. 620
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.
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.
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For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
622
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Con tractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The 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. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and up to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execu ted this d ay of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
EXHIBIT G
SPECIAL CONDITIONS
For the Contract between the City of
Richmond and
Chaplin and Hill Investigative Services LLC
W. Jay Hill Owner/Partner
May 28, 2024
Chaplin and Hill Investigative Services LLC
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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.
625
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
626
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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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. 628
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, 630
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 631
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this 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. 632
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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 633
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 635
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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 636
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 637
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 638
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 640
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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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. 642
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):
643
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.
644
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
645
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
646
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
647
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 ultimatel
y 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 failur e 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 forego ing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
EXHIBIT H
CITY OF RICHMOND
Sa
nctuary City Compliance Statement
The undersigned, an author ized agent of ( hereafter "Co
ntractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understand s and agrees that the City may choose with wh om it w ill maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to t
he 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:
24 6/24/2024
June 24
Chaplin and Hill Investigative Services LLC
Chaplin and Hill Investigative Services LLC
Owner - Partner
Walnut Creek
THOMAS CHAPLIN
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