March 11, 2025
Human Resources
DATE: March 11, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Contract Amendment No. 2 with Century Group to
Increase Payment Limit
FINANCIAL IMPACT: $100,000 is budgeted in the Risk Management Fiscal Year 2024-25 budget (Professional Services 50182116-
400201)
PREVIOUS COUNCIL
ACTION:
July 2, 2024
November 24, 2024
STATEMENT OF THE
ISSUE:
A contract amendment with Century Group is necessary
to continue providing recruitment services and temporary staffing.
RECOMMENDED ACTION:
APPROVE a second contract amendment with the
Century Group for recruitment and temporary staffing
services increasing the payment limit by $100,000, for a new amount not to exceed $250,000 – Human
Resources (Nickie Mastay/Sharrone Taylor 510-620-
6602).
AGENDA
REPORT
423
March 11, 2025
DISCUSSION:
The City has hired a consultant through the Century Group to assist the Risk Management General Liability division with the review of insurance certificates. This assistance is necessary due to the high volume of insurance certificates received, and the division's lack of specialized expertise to ensure these certificates comply with the City’s insurance requirements. The sheer number of certificates requires a dedicated professional for this task, as the current consultant reviews up to fifty insurance certificates daily. Each certificate needs a thorough examination, and the consultant advises the departments, vendors, and insurance providers on the City’s insurance requirements to ensure compliance, and updates in the City's insurance tracking system, PINS Advantage. By ensuring compliance with insurance standards, the City is protected from potential liability arising from our contractual partnerships.
The Century Group's extensive knowledge and established network in Finance and Human Resources have been instrumental in helping the City find a qualified expert for the insurance reviews. City staff is satisfied with the services provided by the Century Group so far, and staff would like to amend the contract to increase the contract not-to- exceed limit.
On July 2, 2024, the City Council approved a contract with the Century Group for $100,000, with a term expiring on June 30, 2025 (Attachment 1). On November 24, 2024, the City amended the contract to increase the limit by $50,000, resulting in a new not-to-exceed amount of $150,000 (Attachment 2). City staff is now seeking approval of a second amendment from the City Council, requesting an additional increase of $100,000 to cover the anticipated costs of services rendered by the consultant for insurance review, for a new not-to-exceed amount of $250,000 (Attachment 3). The funding for this proposed amendment is available in the current fiscal year budget.
DOCUMENTS ATTACHED:
Attachment 1 – The Century Group Contract
Attachment 2 – The Century Group Contract Amendment 1
Attachment 3 – The Century Group Contract Amendment 2 (proposed)
424
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
[ ] A California corporation, [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Term. The effective date of this Contract is ________________________ and terminates ______________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
4. Contractor’s
Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A: Service Plan which is attached hereto and incorporated herein.
Human Resources Sharrone Taylor
[email protected] 510-620-6602
Recruitment and Temporary Staffing Services
The Century Group Executive Recruitment
1225 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Frankie Ruiz,
40058548
Associate Director of Client Services
415-489-7409 [email protected]
X
July 2, 2024
July 2, 2025
100,000
13881
7119
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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
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 Managing Director
Century Group
8/29/2024
Mayor
426
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
See "Terms and Conditions of Assignment" attached hereto. In the event of any contradiction between the Terms and Conditions of Assignment and the terms and conditions of the Contract, including Exhibit D, the terms and conditions of the Contract shall control.
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Professional Recruiting | Retained Search | Project & Interim Services Accounting ▪ Finance ▪ Tax ▪ Audit
www.century-group.com
(800) 337-9675
June 7, 2024 TERMS & CONDITIONS OF ASSIGNMENT
Human Resources Director
The City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Dear Sharrone,
Thank you for selecting Century Group Professionals, LLC. This letter agreement (“Agreement”) outlines the Terms and Conditions of Assignment and is made o n June 7, 2024 by and between The City of Richmond, a C
alifornia Corporation (“Client”) and Century Group Professionals LLC, a California limited liability company (“Century Group”).
I. Scope of Services. At Client’s request, from time to time, Century Group will provide its employees, agents, or representatives, including subcontractors ("Associates") to per form Interim and Project services under Client’s supervision in Accounting, Finance, Internal Audit and Tax (the “Services”), in accordance with the terms and conditions set forth herein, and for the fees set forth below.
The Century Group Associate assigned to perform services on the Risk Manager engagement is City of Richmond. As agreed, Century Group will invoice your organization at the base billing rate of $166.50 per hour (the “Billing Rate”), in accordance with Section III below.
II. Employment Status. The assigned Century Group Associate is an employee, agent or representative of Century Group. Century Group shall be responsible for: (a) paying the assigned Associates’ wages and providing them with the benefits that Century Group offers to them; (b) paying, withholding, and transmitting all federal, state and local withholding taxes, including payroll taxes, unemployment taxes, social security, state disability insurance, and all other payroll charges; (b) providing unemployment insurance and workers’ compensation benefits, and handling unemployment and workers’ compensation claims involving the assigned Associate; (c) complying with federal, state, a nd local labor and employment laws applicable to the assigned Associate; (d) complying with all provisions of the Affordable Care Act applicable to the assigned Associate; and (e) for Associates in California, providing sexual harassment and abusive conduct prevention training, as required by applicable law (time spent by the assigned Associate completing this training will constitute “hours worked” and will be billed to Client in accordance with Section III). Neither Century Group nor its assigned Associate shall be entitled to any employee benefits offered by Client to its employees. Each assigned Associate shall be assigned to Client on the basis of a particular job description and Client will not change the Associate’s job duties or responsibilities without the prior written approval of Century Group.
III. Professional Service Fees. The assigned Century Group Associate will present an electronic Time & Billing Statement to a Client representative for verification and electronic signature at the end of each week. A Client representative electronic signature on the Time & Billing State ment, each a separate and distinct contract for services, indicates Client’s acknowledgement and agreement with all Terms and Conditions of Assignment.
Assigned Associates are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. Client will be billed weekly for the total hours worked by the assigned Associate. Hours not requiring premium pay under applicable law will be billed to Client at the Billing Rate in Section I above.
Overtime or other premium pay will be billed to Client at one and one-half or double the Billing Rate, as required Sharrone Taylor
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by Federal and state laws. An additional flat fee of $8 per week, per Associate, will be billed to Client for any assigned Associate working remotely. Invoices are due upon receipt. Client agrees to comply with all applicable federal, state, and local laws, rules and regulations relating to this Agreement including, but not limited to, those requiring meal and rest breaks. In the event an assigned Associate misses a required meal break, Client will be billed for one additional hour at the regular Billing Rate. Each invoice will evidence a separate and distinct contract. If Client decides to use a Century Group Associate for additional engagements or if the nature and scope of an engagement changes, the hourly billing rate may change to reflect the changed nature of the engagement and the experience necessary to complete it. Please contact Century Group to discus s any adjustments.
IV. Acquisition Fees. Associates represent Century Group’s team of skilled professionals. In the event Client, its subsidiary or affiliated entity uses the services of any Century Group referred Associate as its direct employee, as an independent contractor, or through any pers on or firm other than Century Group within 365 days after the Century Group referral date or the Associate’s last day of engagement with Client through Century Group, whichever is later, Client agrees to pay Century Group an acquisition fee. Century Group’s acquisition fee is calculated in accordance to the following schedule:
Hours Worked Acquisition Fee
0 to 520 hours 25% of Associate’s first year annual base salary 520+ hours 22% of Associate’s first year annual base salary For purposes of this Agreement, a referral means the equivalent of any written presentation of a resume, of an Associate’s qualifications or employment history. Century Group’s Referral of an Associate, regardless of whether the Associate ultimately is ass igned to Client, entitles Century Group to the acquisition fee, unless Century Group is notified in writing of a prior Referral within 24 hours of Century Group’s Referral.
Prior referrals do not include social networking profiles, connections, database su bscriptions and internet searches.
V. Intellectual Property Rights . Century Group shall retain all rights, including, without limitation, all intellectual property rights, in all property owned or developed by it prior to the commencement of the engagement. To the extent that such property is incorporated into work produc t delivered hereunder, Century Group grants Client a non-exclusive, perpetual license to use, copy, and modify such property, as integrated onto any work product, for Client’s own purposes. Century Group shall have the unlimited right to use its knowledge, experience, and know -how including, without limitation, processes, ideas, concepts, tools, and techniques developed in the course of performing this Agreement that do not contain Client’s confidential or proprietary information, in other engagements.
VI. Confidentiality. Each party shall keep secret and retain in confidence, and shall not, without prior written consent of the other, furnish, make available or disclose to any third party, any information relating in any manner to the business or affairs of the other, excep t for such information as (i) was or becomes generally available to the public other than as a result of a wrongful disclosure by a party, (ii) was or becomes available to a party from a source which is not under an obligation of confid entiality, or (iii) a party is compelled to disclose by a final binding order of a court or agency of competent jurisdiction, provided that the disclosing party has given the other reasonable advance notice of such order and an opportunity to contest the s ame. No knowledge, possession, or use of Client’s confidential information will be imputed to Century Group as a result of the assigned Associate’s access to such information.
VII. Client Responsibilities. Client will provide to Century Group ’s assigned Associate, at its own cost and expense, all necessary equipment, supplies, data, and information to enable the assigned Associate to perform the engagement.
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As Client controls the facilities in which assigned Associate works, Client agrees that it is responsible for providing meal and rest break periods in compliance with applicable law, and, at its own cost and expense, for maintaining a safe worksite in compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to the Associate assigned to Client's worksite.
Supervision of the Century Group Associate’s work on Client’s premises (or wherever Client assigns the Associate) is Client’s responsibility. Client shall properly supervise, control, and safeguard its premises, processes, and systems, and shall be responsible for its own business operations, products, services and intellectual property. The assigned Associate shall report to Client personnel who shall provide appropriate assistance, guidance, and supervision. Neither Century Group nor the assigned Associates shall be responsible for any actions taken by the assigned Associates at the direction of Client personnel, nor for any errors or omissions made by assigned Associates in reliance upon information provided to them by Client or third parties.
Century Group’s services are provided for the exclusive benefit of Client. No materials generated as a result thereof may be used or relied upon by any third party for any reason whatsoever. Century Group is not a professional accounting firm and it is expressly understood that a Century Group Associate is not authorized to render an opinion on behalf of Century Group or on Client’s behalf on financial statements, nor is the assigned Associate authorized to sign the name of Century Group or sign the Associa te’s own name on financial statements or tax returns while on a Century Group engagement.
VIII. Regulatory Compliance . Client is, and will continue to be, solely responsible for establishing and maintaining an effective internal control system, including, without limitation, systems designed to assure compliance with policies, procedures, and applicable laws and regulatio ns. Management also has the responsibility to timely communicate material weaknesses or reportable conditions in internal controls, misstatements of financial statements, or similar matters to its external auditors, the Audit Committee, the Board of Directors, and when required, regulators.
IX. Operation of Machinery or Automotive Equipment . Client understands, acknowledges and agrees that Century Group will not authorize an Associate to operate machinery (other than office machines) or automotive equipment. The insurance furnished by Century Group does not cover physical loss, damage or liability caused by the operation of the Client’s automotive equipment. Client accepts full responsibility for bodily injury, property damage, fire, theft, collision or public liability damage claims, any of which may be caused as a result of an accident while an assigned Associate is driving Client’s vehicle or is operating Client’s machinery, whether owned or rented.
X. Handling Cash. A Century Group Associate may not handle cash, negotiables or other valuables without the written consent of Century Group and then only under Client’s direct supervision. An Associate may not, under any circumstances, transport or convey monies, securities or any negotiable instruments (including, but not limited to, delivering bank deposits to a bank or other institution).
XI. Interest and Penalties. Century Group reserves the right to collect interest or other penalty from Client for promptly submitted invoices upon which payment is not received within forty-five (45) days of the invoice date.
Specifically, Century Group Professionals shall be entitled to a late charge of the lesser of (i) 1.5% per month or (ii) the highest rate allowable by law, in each case compounded monthly to the extent allowable by law. Century Group reserves the right to withdraw all Associates provided to Client and to cease performing services hereunder if any invoice is not promptly paid when due.
XII. Costs of Collection . Each invoice will evidence a separate and distinct contract for services . Unless otherwise prohibited by the law of the state where this assignment occurred, in the event Client fails to pay the charges of Century Group when due, then Client agrees to pay all costs of collection incurred by Century Group Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 430
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including reasonable attorneys’ fees, whether or not suit is initiated.
XIII. Limits on Liability.
XIV. Indemnification.
XV. Compliance with Law. Both parties represent and warrant to each other that they are in compliance with all applicable laws. Client and Century Group affirm and agree that they are equal employment opportunity employers and are in full compliance with all applicable anti-discrimination laws, rules, and regulations. Client and Century Group agree not to harass, discriminate against, or retaliate against any employee of the other because of his or her race, national origin, age, sex, religion, disability, marital status, or other category protected by applicable Federal, state or local law; nor shall either party cause or request the other party to engage in such discrimination, harassment, or retaliation. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the assigned Associate, Client and Century Group agree to cooperate in the prompt investigation and resolution of such complaint. Client and Century Group affirm and agree that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the
Family and Medical Leave Act and any similar state or local law, Client and Century Group shall cooperate in compliance with any such requirements.
XVI. Governing law, jurisdiction, and venue .
XVII. Attorneys’
Fees.
XVIII. Complete Agreement. This Agreement, together with any exhibits attached hereto, is executed and delivered with the understanding that it embodies the entire agreement between the parties and that there are no other representations, warranties, or agreements relating to the subject matter herein.
XIX. Miscellaneous. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. Each provision of this Agreement will be considered severable, such that if any one Intentionally omitted.
Intentionally omitted.
Intentionally omitted.
Intentionally omitted.
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provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. Client will not transfer or assign this Agreement without Century Group’s written consent.
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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract , Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel , etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably
satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:
City
of Richmond Finance/Account Payable
Project Manager: Sharrone Taylor, Human Resources
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, Sharrone Taylor, Human Resources before payments shall be authorized.
4. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is
authorized.
6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
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EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
Sharrone Taylor, Human Resources
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Frankie Ruiz, Associate Director of Client Services
Business Name The Century Group
Street Address 1225 Treat Blvd. Suite 300
City, State Zip Walnut Creek, CA 94547
Email:
___
[email protected]____________________________________ _______________
450 Civic Center Plaza, Suite 310
[email protected]
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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
C o n t r a c t o r h e r e b y d e c l a r e s t h a t C o n t r a c t o r i s e n g a g e d a s a n i n d e p e n d e n t b u s i n e s s a n d C o n t r a c t o r a g r e e s t o p e r f o r m t h e s e r v i c e s a s a n i n d e p e n d e n t c o n t r a c t o r . T h e m a n n e r a n d m e a n s o f c o n d u c t i n g t h e s e r v i c e s a n d t a s k s a r e u n d e r t h e c o n t r o l o f C o n t r a c t o r e x c e p t t o t h e e x t e n t t h e y a r e l i m i t e d b y s t a t u t e , r u l e o r r e g u l a t i o n a n d t h e e x p r e s s t e r m s o f t h i s C o n t r a c t . N o c i v i l s e r v i c e s t a t u s o r o t h e r r i g h t o f e m p l o y m e n t w i l l b e a c q u i r e d b y v i r t u e o f C o n t r a c t o r ’ s s e r v i c e s . N o n e o f t h e b e n e f i t s p r o v i d e d b y t h e C i t y t o i t s e m p l o y e e s , i n c l u d i n g b u t n o t l i m i t e d t o u n e m p l o y m e n t i n s u r a n c e , w o r k e r s ’ c o m p e n s a t i o n p l a n s , v a c a t i o n a n d s i c k l e a v e , a r e a v a i l a b l e f r o m t h e C i t y t o C o n t r a c t o r , i t s e m p l o y e e s o r a g e n t s . D e d u c t i o n s s h a l l n o t b e m a d e f o r a n y s t a t e o r f e d e r a l t a x e s , F I C A p a y m e n t s , P E R S p a y m e n t s , o r o t h e r p u r p o s e s n o r m a l l y a s s o c i a t e d w i t h a n e m p l o y e r - e m p l o y e e r e l a t i o n s h i p f r o m a n y c o m p e n s a t i o n d u e t o C o n t r a c t o r . P a y m e n t s o f t h e a b o v e i t e m s , i f r e q u i r e d , a r e t h e r e s p o n s i b i l i t y o f C o n t r a c t o r .
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION :
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 435
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or
caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor
's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor
without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract
.
7 . RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES :
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9 . TERMINATION :
a . T e r m i n a t i o n W i t h o u t D e f a u l t . 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 Contr
act, 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 at torney'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 INTERES T:
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 Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 437
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
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 Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 438
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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 produc
t.
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 subcontrac tor'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, Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 439
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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 s hall abide by the insuranc e requirements set forth in said Exhibit F.
15. COMPLIANC E WITH A L L A P P L I C A B L E 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 Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 440
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
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. 1 8 . FORCE MAJE URE:
Neither party hereto shall be considered in default in the performance of its obligations her eunder to the extent that the performance of such an obligation is prevented or dela y ed 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 regulat ions 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. CL
A IMS:
Any claim by Contractor against Cit y hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified suc h 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 follo ws: Co ntractor possesses good title to the product and the right to transfer the product to Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 441
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
City; the product shall be deliv ered to the City fr ee 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 dat e of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenan ce 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 pr omptly performed by Contractor, at Contractor's expen se, including s hipping.
23. SEVERABILI T Y :
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 provisio ns of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr ovis ions 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 t he City Manager) is duly authoriz ed to enter into and exec ute 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 exec ute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly author ized to enter into and exec ute 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 Contr actor’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 ac tion 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 Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 442
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 443
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 444
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
EXHIBIT F
INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS :
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 445
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
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.
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 446
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE :
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 447
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)(Ea accident)$
$
N / A
SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT
AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
95630
1,000,000
2,000,000
100,000
2,000,000
C
A
10,000
X
X
X
10,000
X
X
CA
8/10/24
5/10/24
00955250-1
PHPK2684017
1,000,000
[email protected]
2/10/25
5/10/25
HSB SPECIALTY INSURANCE CO.
X
X
CENTURY GROUP INTERNATIONAL, LLC.
FIRE/LEGAL
(916) 496-8750
100,000
CA
PHPK2684017
90245
A
17914
5/10/24
11150
PHUB910814
24260
222 PACIFIC COAST HIGHWAY., STE. 2150
24074
5/10/25
11452
X
X
Y
08/13/2024
5,000,000
5,000,000
P.O. BOX 6360
B
NSWCC0012803
NSWCC0012703
EL SEGUNDO
1/1/25
1/1/24
X
CENTURY GROUP PROFESSIONALS, LLC.
1,000,000
1,000,000
E
A
A
D
1,000,000
6699861-03
17176197
17176197
018232280
CYBER LIABILITY
PROFESSIONAL LIABILITY
D&O
CRIME (3RD PARTY)
5/10/25
5/10/25
5/10/25
9/26/24
5/10/24
5/10/24
5/10/24
9/26/23
LIMIT $1,000,000
LIMIT $1,000,000/2,000,000
LIMIT $1,000,000/1,000,000
LIMIT $1,000,000
Jeffry D. Proul
PHILADELPHIA INSURANCE COMPANIES
ARCH INSURANCE COMPANY
PROGRESSIVE INSURANCE COMPANY
THE OHIO CASUALTY INSURANCE CO.
A
X
VITAL SIGNS INSURANCE SERVICES, INC.
FOLSOM
City of Richmond
450 Civic Center Plaza
Richmond, CA 9480
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. The contractors insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers.
X
(916) 496-8754
X
Contractual Liability INCL
5/10/25
5/10/24
4,000,000
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 448
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (July2024)
Exhibit G
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 Carolyn Sweeney Managing Director
Century Group
8/29/2024
449
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.
Human Resources
Sharrone Taylor
[email protected]
(510) 620-6602
13881
7119
Recruitment and Temporary Staffing Services
✔
1 The Century Group Executive Recruitment
1225 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Frankie Ruiz
(415) 489-7409
[email protected]
40058548
December 31, 2024
✔
July 2, 2024
July 2, 2025
100,000.00
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 450
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.
The Century Group Executive Recruitment
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 451
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
The Century Group Executive Recruitment
1 7119
50,000.00
150,000.00
N/A
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 452
___ 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.
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 453
___ 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.
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 454
___ 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.
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 455
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)(Ea accident)$
$
N / A
SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT
AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
95630
1,000,000
2,000,000
100,000
2,000,000
C
A
10,000
X
X
X
10,000
X
X
CA
8/10/24
5/10/24
00955250-1
PHPK2684017
1,000,000
[email protected]
2/10/25
5/10/25
HSB SPECIALTY INSURANCE CO.
X
X
CENTURY GROUP INTERNATIONAL, LLC.
FIRE/LEGAL
(916) 496-8750
100,000
CA
PHPK2684017
90245
A
17914
5/10/24
11150
PHUB910814
24260
222 PACIFIC COAST HIGHWAY., STE. 2150
24074
5/10/25
11452
X
X
Y
08/13/2024
5,000,000
5,000,000
P.O. BOX 6360
B
NSWCC0012803
NSWCC0012703
EL SEGUNDO
1/1/25
1/1/24
X
CENTURY GROUP PROFESSIONALS, LLC.
1,000,000
1,000,000
E
A
A
D
1,000,000
6699861-03
17176197
17176197
018232280
CYBER LIABILITY
PROFESSIONAL LIABILITY
D&O
CRIME (3RD PARTY)
5/10/25
5/10/25
5/10/25
9/26/24
5/10/24
5/10/24
5/10/24
9/26/23
LIMIT $1,000,000
LIMIT $1,000,000/2,000,000
LIMIT $1,000,000/1,000,000
LIMIT $1,000,000
Jeffry D. Proul
PHILADELPHIA INSURANCE COMPANIES
ARCH INSURANCE COMPANY
PROGRESSIVE INSURANCE COMPANY
THE OHIO CASUALTY INSURANCE CO.
A
X
VITAL SIGNS INSURANCE SERVICES, INC.
FOLSOM
City of Richmond
450 Civic Center Plaza
Richmond, CA 9480
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. The contractors insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers.
X
(916) 496-8754
X
Contractual Liability INCL
5/10/25
5/10/24
4,000,000
Docusign Envelope ID: ED91515E-DB3A-4210-8640-1CF06C848A51 456
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.
Human Resources
Sharrone Taylor
[email protected]
(510) 620-6602
13881
7119
Recruitment and Temporary Staffing Services
✔
2 The Century Group Executive Recruitment
1225 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Frankie Ruiz
(415) 489-7409
[email protected]
40058548
December 31, 2025
✔
July 2, 2024
July 2, 2025
100,000.00
457
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.
The Century Group Executive Recruitment
458
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
7119
2 The Century Group Executive Recruitment
July 2, 2024
July 2, 2025
100,000.00
250,000.00
459
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
7119
2 The Century Group Executive Recruitment
N/A
460
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
7119
2 The Century Group Executive Recruitment
11/26/24
50,000.00
150,000.00
✔
✔
100,000.00
250,000.00
250,000.00
250,000.00
250,000.00
461
March 11, 2025
Human Resources
DATE: March 11, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Contract Amendment for Municipal Resource Group
(MRG)
FINANCIAL IMPACT: Funding for this year’s portion of the expenditure is included in the Fiscal Year (FY) 2024-2025 budget.
Future expenditures will be budgeted accordingly.
(Paratransit Fund 10355051-400201; Human Resources
01181016-400201)
PREVIOUS COUNCIL
ACTION:
April 6, 2021
February 21, 2023
July 2, 2024
STATEMENT OF THE
ISSUE:
City Council approval is needed to amend the contract
payment limit for Municipal Resource Group (MRG) for
consultation, and staff training on an as-needed basis.
RECOMMENDED ACTION:
APPROVE a contract amendment with Municipal
Resources Group (MRG) in the amount of $200,000, for
a total contract limit amount not to exceed $500,000, for consultation and staff training services – Human
Resources (Sharrone Taylor/Nickie Mastay 510-620-
6602).
AGENDA
REPORT
462
March 11, 2025
DISCUSSION:
The Human Resources Department is requesting an amendment to the Municipal Resources Group contract for consultation services related to the Transportation Division, Public Works, Human Resources, and other City departments as needed.
Following the retirement of two management-level employees in the Transportation Division, the City must hire a consultant to support the Paratransit audit and the implementation of the Performance Improvement Plan (PIP) required for the Measure J funds. The consultant will assist the City in achieving the outcomes of the Paratransit Performance Improvement Plan and ensuring compliance with the Contra Costa Transportation Authority (CCTA) conditions for continued funding. These efforts aim to unlock approximately $3 million in Measure J funding that is currently being withheld by the CCTA. The performance improvements target an increase in clients and ridership, enhanced customer satisfaction, reduced costs per trip, improved service reliability, and greater vehicle reliability.
Additional deliverables from the consultant may include promotional materials, comprehensive client orientation guides, an employee operational manual, documentation of proof of fitness, a client call log, a customer feedback mechanism, a cost allocation and budget model, a vehicle maintenance and service plan, an electric vehicle charging program, an assessment of outsourcing all van services, and monthly and quarterly monitoring reports.
The estimated cost for these services is not expected to exceed $90,000. Additionally, the City utilizes the Municipal Resources Group for consultations within the Human Resources Department, Public Works, and other departments as needed. Therefore, we are requesting a contract amendment in the amount of $200,000 to cover the specialized consultant work in the Transportation Division and to accommodate current and future needs of City departments on an as-needed basis, increasing the total payment limit of the contract not-to-exceed amount to $500,000.
DOCUMENTS ATTACHED:
Attachment 1 – Municipal Resources Group Contract
Attachment 2 – Municipal Resources Group Contract Amendment 1 Attachment 3 – Municipal Resources Group Contract Amendment 2 Attachment 4 – Municipal Resources Group Contract Amendment 3 Attachment 5 – Municipal Resources Group Contract Amendment 4 (Proposed) 463
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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.
Human Resources
Sharrone Taylor
[email protected]
(510) 620-6602
8535
5544
Facilitation, conflict resolution, consultation, and/or training on an as-needed basis. ✔
3 Municipal Resource Group, LLC
PO Box 561
Wilton, CA 95693
Mary Egan
(916) 261-7547
[email protected]
40043289
December 31, 2024
✔
limited liability company
April 6, 2021
April 6, 2021
June 30, 2026
50,000.00
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 517
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.
Municipal Resource Group, LLC
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 CEO
518
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
Municipal Resource Group, LLC
3 5544
April 6, 2021
June 30, 2026
50,000.00
300,000.00
N/A
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 519
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
Municipal Resource Group, LLC
3 5544
50,000.00
✔
150,000.00
✔
6/30/2026
200,000.00
100,000.00
9/10/2024
300,000.00
300,000.00
✔
✔
300,000.00
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 520
___ 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.
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 521
___ 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.
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 522
___ 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.
Docusign Envelope ID: CA6F05D7-ACCB-4587-BD43-D473C61173A6 523
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.
Human Resources
Sharrone Taylor
[email protected]
(510) 620-6602
8535
5544
Facilitation, conflict resolution, consultation, and/or training on an as-needed basis. ✔
4 Municipal Resource Group, LLC
PO Box 561
Wilton, CA 95693
Mary Egan
(916) 261-7547
[email protected]
40043289
December 31, 2025
✔
limited liability company
April 6, 2021
April 6, 2021
June 30, 2026
50,000.00
524
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.
Municipal Resource Group, LLC
525
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
5544
4 Municipal Resource Group, LLC
200,000.00
500,000.00
See attached.
526
Paratransit Management Support
12.12.24 Background
In 2024 the City’s paratransit program was audited by the Contra Costa Transportation Authority (CCTA), the administrators of Measure J funding, the primary funding source for paratransit. The audit identified significant issues regarding Richmond’s Measure J Claims for fiscal years 2022, 2023, and 2024. Since June of 2024 the City has been working with the CCTA to address the audit’s recommendations with the objective of gaining the approval of the CCTA for the release of $1.24M in funding for FY 24/25, that is expected to occur on December 18, 2024.
A second issue, however, is the release of Measure J funding for fiscal years 2022, 2023, and 2024 that is being withheld by the CCTA. The aggregate amount is estimated to be $3 million. The release of these funds is subject to the City’s achievement of the outcomes in a Performance Improvement Plan and making satisfactory progress in the achievement of the conditions set by the CCTA. Due to the expertise needed to achieve the Performance Improvement Plan and the CCTA conditions, $90,000 in funding for this effort is included in the FY 24/25 Measure J Claim. MRG consultant Wayne Tanda has been actively supporting the City address the above issues in the paratransit program. His familiarity with the program and his expertise in transportation services makes him uniquely qualified to provide the below services.
Scope of Services
Consultant will assist the City achieve the outcomes of the paratransit Performance Improvement Plan (PIP) and satisfy the CCTA conditions for continued funding. The objective of these efforts is the release of approximately $3 million in Measure J funding that the CCTA is withholding. The performance improvements include an increase in clients and ridership, an increase in customer satisfaction, a reduction in cost/trip, an increase in service reliability, and an increase in vehicle reliability. Other deliverables include, but not limited to, additional promotional materials and outreach, a comprehensive client orientation guide, an employee operational manual, a client orientation guide, documentation of proof of fitness, a client call log, a customer feedback mechanism, a cost allocation and budget model, a vehicle maintenance and service plan, an electric vehicle charging program, an assessment of outsourcing all van services, and monthly and quarterly monitoring reports.
Project Fees
MRG proposes a budget not to exceed $90,000 for a twelve-month engagement from February 2025 through January 2026. The budget is based on 25-30 hours support per month, or a total of 325 hours, and expenses as needed. MRG will bill the City of Richmond monthly, at an hourly rate of $275. This includes all work to achieve the outcomes in the above scope of services. The work is contemplated to be primarily remote.
MRG may incur minor costs and expenses in performing consulting services. Reimbursable expenses include but are not limited to; mileage reimbursement at the current IRS rate per mile, postage, document production costs, transcripts, parking, tolls, and travel accommodations (such as hotel and airfare) as needed, and electronic files (zip drive). All costs and expenses will be charged at MRG’s cost.
The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee.
527
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
5544
4 Municipal Resource Group, LLC
50,000.00
✔
150,000.00
✔
6/30/2026
200,000.00
100,000.00
9/10/2024
300,000.00
500,000.00
200,000.00
✔
✔
✔
✔
500,000.00
528
___ 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.
529
___ 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.
530
___ 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.
531
March 11, 2025
Human Resources
DATE: March 11, 2025
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 Salary Schedule
FINANCIAL IMPACT: There is no fiscal impact from amending the salary schedule
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to establish salary ranges for classifications by amending the salary schedule.
RECOMMENDED ACTION:
ADOPT a resolution amending the salary schedule to
retitle Code Enforcement Supervisor to Senior Code
Enforcement Officer and revise the salary for City
Attorney – Human Resources Department (Sharrone
Taylor/Nickie Mastay 510-620-6602).
DISCUSSION:
SENIOR CODE ENFORCEMENT OFFICER
City staff desires to amend the salary schedule to retitle Code Enforcement Supervisor to Senior Code Enforcement Officer. The Human Resources (HR) Department has been working with the Director of Community Development to ensure the job descriptions and AGENDA
REPORT
532
March 11, 2025
titles accurately reflect the work that is being done. The Code Enforcement Supervisor is being retitled to Senior Code Enforcement Officer. This is a working supervisor position, and the incumbent is expected to work in the field in addition to organizing and assigning daily subordinate work details, training and evaluating the work of subordinate staff, and leading specific programs or units.
This classification is represented by IFPTE Local 21 Mid-Management Bargaining Unit.
The Personnel Board approved the change in the classification title on February 27, 2025.
CITY ATTORNEY
The position of City Attorney is presently held by a contractual employee. As a result of this arrangement, the salary schedule has not been revised to align with the City's established salary structure. A revision to the current salary schedule is required to reflect a salary range that is consistent with the current structure.
NEXT STEPS:
The job classification title needs to be updated on the City’s salary schedule.
Accordingly, the attached resolution will amend the salary schedule for the retitle in the following manner:
Classification Monthly Salary Range
Job Title Range Step 1 or
Min
Step 2 Step 3 Step 4 Step 5 or
Max
Bargaining
Unit
Code
Enforcement
Supervisor
Senior Code
Enforcement
Officer
M108 8,587.50 9,016.86 9,467.70 9,941.10 10,438.16 IFPTE Local
21 Mid-
Management
City Attorney E5 20,780.42 25,975.46 Unrepresented
City Council approval is required to amend the publicly available salary schedule. City staff recommends approval of the resolution amending the salary schedule to retitle Code Enforcement Supervisor to Senior Code Enforcement Officer and revise the salary for City Attorney.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
533
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
AMENDING THE SALARY SCHEDULE
WHEREAS the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and
WHEREAS the City wishes to amend the salary schedule, and such amendments are supported by the City Manager.
NOW THEREFORE, BE IT RESOLVED, that effective March 11, 2025, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.
Job Classification Range Step 1 or
Min.
Step 2 Step 3 Step 4 Step 5 or
Max.
FLSA Unit
2115 Senior Code
Enforcement
Officer
M108 8,587.50 9,016.86 9,467.70 9,941.10 10,438.16 Exempt IFPTE Local 21 Mid-
Management
4015 City Attorney E5 20,780.42 25,975.26 Exempt Unrepresented
-----------
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)
Approved:
534
____________________
Mayor
Approved as to form:
____________________
City Attorney
535
March 25, 2025
Human Resources
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Human Resources Director
Subject:
Contract Amendment with Set-Up for Success
FINANCIAL IMPACT: The proposed fiscal impact is $32,500 for a total not to exceed in the amount of $82,500, funding will need to be appropriated from the General Fund. 01181016-400201
PREVIOUS COUNCIL
ACTION:
August 20, 1990 (Ordinance No. 29-90)
June 5, 2018 (Ordinance No. 12-18)
March 11, 2025 (First Reading Ordinance)
STATEMENT OF THE
ISSUE:
City Council’s is required to approve a contract
amendment with Set-Up for Success to establish Senate
Bill 54, Chapter 495 Implementation Plan which will
complement the City’s decision to limit the use of local resources to assist with federal civil immigration
enforcement.
RECOMMENDED ACTION:
APPROVE a contract amendment with Set-Up for
Success for consultation services for establishing a
limited assistance protocol - Senate Bill 54, Chapter 45 Implementation Plan, extending the term expiration to
December 31, 2025, and increasing the payment by
$32,500, for a total amount not to exceed $85,250, and
APPROPRIATE funds as required – Human Resources
(Nickie Mastay/Sharrone Taylor 510-620-6602).
AGENDA
REPORT
536
March 25, 2025
DISCUSSION:
In 1990, the Richmond City Council adopted Ordinance No. 29-90 (Attachment 1), and in 2018, it adopted Ordinance No. 12-18 (Attachment 2), which provides certain sanctuary city protections at the local level for the immigrant community. The City further presented a new ordinance for Council consideration on March 11, 2025, which further demonstrates the City Council’s stance and commitment to Richmond maintaining the relationship of trust between the City of Richmond and all its residents, including its immigration community, and protecting the safety, well-being, and constitutional rights of Richmond residents (Attachment 3).
The City aims to reinforce its commitment to maintaining a safe and inclusive environment. Senate Bill 54, Chapter 495 Implementation Plan, is comprised of the following:
A Limited Assistance and Escalation protocol that defines access levels in City facilities, categorizing them as limited access, restricted access, and public access spaces. This protocol will identify spaces in which federal immigration enforcement has limited access and assistance.
A helpful “Red Sheet” containing FAQs and community resources to empower residents with essential information.
Comprehensive training for key staff members in the City of Richmond to ensure understanding and implementing the new protocol.
Dr. Mia Settles-Tidwell, President of Set-Up for Success, will assist City staff in creating this plan. With her extensive experience in developing effective protocols, including those currently implemented at UC Berkeley, she brings valuable expertise to the project. Collaborating closely with the City Manager's Office, City Attorney’s Office, Police Department, Public Works, and Human Resources – Risk Management, the City will establish a robust safety plan. Therefore, the City is proposing a contract amendment to revise the scope, term, and contract limit of Set-Up for Success’s current contract to enable this important and time-sensitive work (Attachment 4).
This plan's implementation is not intended to prevent the City or its personnel from complying with state or federal law. The City of Richmond will continue to follow all binding legal precedents. Establishing this Implementation Plan embodies the City’s dedication to ensuring community security and due process and creating an environment where all residents feel secure, valued, and supported, regardless of race/ethnicity, ancestry or immigration status.
537
March 25, 2025
SYNERGISTIC POLICIES:
Establishing a Limited Assistance and Escalation protocol will complement Richmond's decision to limit the use of local resources for federal immigration efforts, which is established in Ordinance 29-90, Ordinance 12-18, and the proposed Ordinance that had its first reading on March 11, 2025.
FISCAL IMPACT:
The fiscal impact of this amendment is $32,500 for a not to exceed contract amount of $82,500. Funding must be appropriated in the current budget and will be budgeted in subsequent budgets as required.
RECOMMENDATION:
City staff recommend the City Council approve the contract amendment with Set-Up for Success by amending the scope of work, extending the term expiration to December 31, 2025, and increasing the payment limit by $32,500, to an amended not-to-exceed amount of $82,500, and appropriating fund as required.
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance 29-90
Attachment 2 – Ordinance 12-18
Attachment 3 – Proposed Ordinance (first reading occurred March 11, 2025) Attachment 4- Set-Up for Success Executed Contract
Attachment 5 – Set Up for Success Draft Contract Amendment 538
539
540
541
542
543
544
DocID #36694v2
ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND
LIMITING THE USE OF CITY RESOURCES FOR FEDERAL IMMIGRATION
ENFORCEMENT
The City Council of the City of Richmond do ordain as follows:
SECTION 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 5 (charter cities) and 7 (police power), and in conformity with California Senate Bill No. 54, codified in California Government Code Sections 7282 – 7284.10.
SECTION 2. MUNICIPAL CODE AMENDMENT. Chapter 2.30 of Article II of the Richmond Municipal Code , Administration and City Government, is hereby added to read as follows:
Section 2.30.010 — City Council Findings and Declarations
(a) The City of Richmond is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
(b) Immigrants are valuable and essential members of the City of Richmond community.
(c) A relationship of trust between the City of Richmond’s immigrant community and the City of Richmond, its departments, programs, and personnel is central to the public safety of Richmond residents.
(d) This trust is threatened when state and local agencies are entangled with federal Immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians, including Richmond residents.
(e) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
(f) There are legal concerns with leveraging the City of Richmond’s resources for federal immigration endeavors, including but not limited to the prospect of Richmond 545
DocID #36694v2
residents being detained in violation of the Fourth Amendment of the United States Constitution or targeted on the basis or race or ethnicity in violation of the Equal Protection Clause.
(g) This chapter seeks to ensure effective policing, to protect the safety, well-being, and constitutional rights of Richmond residents, and to direct the City’s limited resources to matters of greatest concern.
Section 2.30.020 – Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
(a) "Administrative warrant" means a document issued by the federal agency charged with the enforcement of the Federal immigration law that is used as a non-criminal, civil warrant for immigration purposes.
(b) "Eligible for release from custody" means that the individual may be released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond or has been released on his or her own recognizance.
(5) The individual has been referred to pre-trial diversion services.
(6) The individual is otherwise eligible for release under state or local law.
(c) "Citizenship or Immigration Status" shall mean all information or classification regarding citizenship of the United States or any other country, place of birth, the authority to reside in or otherwise be present in the United States, including visa status, and the time or manner of a person's entry into the United States.
(d) "Civil immigration detainer" means a non-mandatory request issued by an authorized federal immigration officer under Section 287.7 of Title 8 of the Code of Federal Regulations, to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours and advise the authorized federal 546
DocID #36694v2
immigration officer prior to the release of that individual.
(e) "Convicted" means the state of having been proved guilty in a judicial proceeding, unless the convictions have been expunged or vacated pursuant to applicable law. The date that an individual is Convicted starts from the date of release.
(f) "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion as defined in Penal Code Section 16520.
(g) "Immigration Agent" means any federal, state, or local officer, employee, or person performing immigration enforcement functions including, but not limited to, agents employed by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.
(h) "Immigration Enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that pen alizes a natural person's presence in, entry, or reentry to, or employment in, the United States.
(i) "Law enforcement official" means any City Department or officer or employee of a City Department, authorized to enforce criminal statutes, regulations, or l ocal ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities.
(j) "Notification request" means a non-mandatory request issued by an authorized federal immigration officer to a local law enforcement official asking for notification to the authorized immigration officer of an individual's release from local custody prior to the release of an individual from local custody. Notification requests may also include informal requests for release information by the Federal agency charged with enforcement of the Federal immigration law.
(k) "Personal information" means any confidential, identifying information about an individual, including, but not limited to, home or work contact information, and family or emergency contact information.
Section 2.30.030 – Limitations on the Use of City Resources.
Unless required by federal or state law, no City resources, including, but not limited to, City person nel and City property, shall be utilized to assist in the enforcement of federal immigration law or to gather or disseminate information regarding release status of individuals or 547
DocID #36694v2
any other such personal information as defined in Section 2.030.20, unless such assistance is required by federal or state statute, regulation, or court decision. The limitations set forth in this Section shall include, but shall not be limited to:
(a) Inquiring into or collecting information about an individual’s Citizenship or Immigration Status, unless such information is necessary to provide a City service, including the provision of immigration and naturalization assistance, for election -related purposes or appointment to a City office or commission, or as required for purposes of City employment or the disbursement of City funds.
(b) Assisting or cooperating, in one’s official capacity, with any investigation, detention or arrest procedures, public or clandestine, conducted by the federal agency charged with enforcement of federal immigration law and relating to alleged violations of the civil provisions of the federal immigration law, except as permitted under this Chapter
2.30 and applicable state or federal law.
(c) Assisting or cooperating, in one’s official capacity, with any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City, state, or federal criminal laws.
(d) Requesting information about, or disseminating information, in one's official capacity, regarding the release status of any individual, except as permitted under this Chapter 2.30, or conditioning the provision of services or benefits by the City upon immigration status, except as required by federal or state statute or regulation, City public assistance criteria, or applicable court decision.
(e) Providing any Immigration Agent access to any non-public areas of property owned or controlled by the City for the purpose of Immigration Enforcement.
Section 2.30.040 – Limitations on Law Enforcement Officials
(a) The City of Richmond’s Police Department, consistent with California Government Code section 7284.6(a), shall not:
(1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A) Inquiring into an individual’s immigration status.
(B) Detaining an individual on the basis of a hold request.
548
DocID #36694v2
(C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that information is available to the public or is in response to a notification request from immigration agents in accordance with California Government Code Section 7282.5.
Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy.
(D) Making or intentionally participating in arrests based on civil immigration warrants.
(E) Assisting immigration agents in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(F) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal.
(2) Place Richmond police officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All Richmond police officers remain subject to California law governing conduct of peace officers and the policies adopted by the City of Richmond.
(3) Use immigration agents as interpreters for law enforcement matters relating to individuals in agency or department custody.
(4) Transfer an individual to immigration agents unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with California Government Code Section 7282.5.
(5) Provide office space exclusively dedicated for immigration agents for use within a Police Department facility.
(6) Contract with the federal government for use of Police Department facilities to house individuals as federal detainees, except pursua nt to Chapter 17.8 of the California Government Code (commencing with Section 7310).
(b) Notwithstanding the limitations in subsection (a), this section is not intended to prevent personnel or officers of the City of Richmond’s Police Department from taking actions consistent with or permitted by federal and state law, including, but not limited to, those actions enumerated within California Government Code Sections 7282.5 and 7284.6(b) 549
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(e), as amended.
Section 2.30.050 – Confidentiality and Protection of City Data.
Except as required by 8 U.S.C. § 1373 or other applicable federal or state law, no City personnel or law enforcement official shall provide access to any City data or information that can be used to determine or trace a person ’s Citizenship or Immigration Status to any Immigration Agent. In furtherance of this restriction, as of the effective date of this ordinance, City personnel shall not provide City data or information that can be used to determine or trace a person's Citizenship or Immigration Status to any City contractor unless the contractor first agrees in writing to prohibit the contractor's employees and subcontractors from providing that data or information to any Immigration Agent, to the extent permitted by law. All City employees shall treat information that can be used to distinguish or trace a person's Citizenship or Immigration Status, either on its own or when combined with other information, as confidential information, to the extent permitted by law.
Section 2.30.060 – Judicial Warrants and Presiding Law.
Nothing in this chapter shall prohibit or otherwise restrict the City or City personnel from complying with a valid warrant issued by a federal or state judge, or other order evidencing a judicial determination of probable cause, nor shall this chapter prohibit the City or its personnel from complying with state or federal law.
SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project wit hin the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision sha ll not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or port ion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Chapter 2.30, Administration and City Government, Article II of the City of Richmond’s Municipal Code.
SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the East Bay Times, a newspaper of general circulation printed, published, and circulated within the City.
SECTION 7. EFFECTIVE DATE. This ordinance shall be effective thirty days after passage and adoption.
*****************************
(This section to be completed by Clerk’s Office)
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
551
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ 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 the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
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.
City Managers Office
LaShonda White
[email protected]
(510) 620-6828
16884
7298
Set-up for Success will provide consultation services for the retreat planning, facilitation of the retreat, and providing follow-up coaching for department heads.
Set-up for Success
101 W American Canyon Rd. Suite # 508-334
American Canyon, CA, 94503
Mia Settles Tidwell
(916) 957-9610
[email protected]
40067714
50,000.00
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603552
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. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. 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: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
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
Set-up for Success
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 CEO/President
2/6/2025
2/10/2025
City Manager
553
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]:
Set-up for Success
7298
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 554
BACKGROUND
A. The Client is of the opinion that the Consultant has the necessary background, qualifications, experience, and expertise to provide facilitation and consulting services to the Client.
B. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions outlined in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
ABOUT THE CITY OF RICHMOND, CITY MANAGER’S OFFICE
“The City Manager's office is responsible for carrying out the policies of the City Council and managing the City's departments and program activities. The City Manager's Office plays a crucial role in local governance by implementing City Council policies, directing various city departments and administrative functions, and providing daily leadership in policy development and implementation. Additionally, the City Manager’s Office ensures the efficient and equitable delivery of essential city services, oversee budgetary processes, and manage inter-governmental relations and public information functions.
Furthermore, the office takes charge of initiating and developing both short and long-term special projects, as well as directing significant economic development initiatives, all aimed at enhancing the well-being of the community and its residents.”
CLIENT
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
CONSULTANT
Dr. Mia Settles-Tidwell
101 W. American Canyon Rd. Suite 508-334
American Canyon, CA 94503
ABOUT SET-UP FOR SUCCESS CONSULTING
The name says it all. It’s simple. We set individuals and organization up for success. Utilizing equity- centered, innovative, practical, and situational approaches to leadership development and organizational health. We build the capacity of clients to strategically navigate and thrive within an ever- evolving educational, corporate, financial, social, and political landscape.
With a proven record of success, individuals and organizations will discover the power within to successfully address workplace dilemmas, lower risk to individuals and organization, curate action plans, achieve strategic goals, and prepare for the next level of transformative impact.
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 555
SERVICES PROVIDED
The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the “Services”). The Services will include:
a. Phase I-Pre-Planning the Action Planning Retreat [December 2024-January 2025]- Co- construct the agenda for the January Action Planning Retreat with Irene Lozano, executive assistant and LaShonda White, deputy city manager. Gather data about the City Manager’s Office Management Leadership Team (MLT), goals, objectives, priorities, and outcomes to establish a culture of utilizing work plans for improved communications and project management. In addition, co-construct with action planning retreat planning team the design of a pre-survey to be distributed for baseline data collection and listening session questions. Analyze data and codify themes and patterns of responses to inform retreat planning and recommendations. b. Phase II- Retreat Facilitation & Follow-Up [January-February 2025]- Prepare and facilitate an2- day action planning retreat with the Management Leadership Team (MLT). The in-person retreat will be designed for up to seventeen (17) retreat participants. This action planning retreat will include an agenda, presentation, activities, introduction of a proprietary nested work plan template, and tools for implementation of the nested work plans. All notes and agreed upon decisions/ outcomes from the retreat will be codified by the Consultant and provided to the City Manager’s Office for accurate record-keeping and accountability/ follow-up. c. Phase III Facilitation & Implementation of Work Plans [March-May 2025]- Post-retreat follow- up activities, MLT meetings, staff meetings and consultation regarding building communication pathways, structures, and feedback loops that strengthen and embed the nested work plans into all aspects of the City Manager Office workplace culture, including but not limited to performance evaluations, city council presentations, and accountability reporting (as determined by the client & consultant).
d. Phase IV Executive Coaching and Next Level Support for MLT Leaders [February-June 2025]- Provide executive coaching, a 360-leadership assessment, and next level support consultation.
Furthermore, the service will be for at least three (3) of the sixteen (16) MLT participants. This will include monthly 1:1 coaching and leadership development to support implementation of the proprietary nested workplan. Attend at least one staff meeting with the three (3) MLT leaders who receive the first round of executive coaching and leadership development/ check-ins.
The Services can also include any other facilitation and consulting tasks which the Parties may agree upon. The Consultant hereby agrees to provide such Services to the Client, through addendum or request in writing. Additional budget may apply.
SCOPE OF WORK, DELIVERABLES & MILESTONES
I. The Consultant will deliver on the following activities in Phases described in the table by the agreed upon date/time, unless modified verbally or in writing by the Parties. The Client will provide compensation for the delivery of services outlined in the chart below:
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 556
Phases I-IV- Timeline, Activities and Costs for Services Timeline Activity Description Deliverable Costs
December 2024-
January 2025
Virtual pre-planning meeting(s)
with City Manager’s Office planning
team to co-construct the pre-survey
questions, agenda prep, and gather
baseline data in preparation for the
action planning retreat. Review and
research the MLT/ City Manager
Office data: goals, objectives,
priorities, office culture. Develop
the online pre-survey tool and
analyze data from the online pre-
survey. Plan and prepare all
activities, tools, and presentation in
preparation for the retreat.
Projected: 20 hours of pre- planning
for action planning
retreat.
Pre-survey design and
agenda, activities, and
tools established for the
action planning retreat.
$7,500
January 2025 Set-up room environment for the
action planning retreat. Facilitate
the in-person action planning
retreat for up to 17 participants.
Facilitate all activities and
introduction of tools during the
retreat. Summarize notes, decisions
and outcomes from the retreat.
Send all notes and follow- up items/
deliverables to the City
Manager’s Office. Projected: 20
The MLT have
meaningful engagement
and leave the retreat
with clear and aligned
work plans for 2025.
$7,500
hours of prep-facilitation-post
retreat work.
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 557
February 2025 Post retreat follow-up meetings and
debrief of the retreat outcomes
with City Manager and planning
team. Introduce structures to
support shifting to a work plan
culture including feedback loops
and accountability measures/
check- ins. Attend at least one
follow-up meeting with MLT on
Wednesdays. Projected: 8 hours
of work.
Accountability
structures and shifting
to work plan culture.
$3,000
February 2025 Provide executive coaching and
next level support consultation to
at least three (3) MLT participants.
Specifically, the two deputy city
managers and one of the
department directors. This will
include monthly 1:1 coaching and
leadership development to support
implementation of the proprietary
nested workplan.
Attend at least one staff
department director meetings with
MLT leaders who receive the first
round of executive coaching and
leadership development/ check-
ins. Projected: 10 hours
Executive coaching,
leadership development
and support for
embedding workplans
into departments.
$3,750
March 2025 Facilitate discussions with City
Manager, Deputy City Manager,
and Executive Assistant about how
work plans can be used to inform
City Manager report preparation
for City Council Meetings. Attend at
least one follow-up meeting and
provide updates to MLT. Design and
facilitate a prioritizing and
managing your time 2- hour
workshop for the MLT. Projected
12 hours of work.
Work plans informing
City Manager Reports.
$4,500
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 558
March 2025 Provide executive coaching and
next level support consultation to
at least three (3) MLT participants.
Executive coaching,
leadership development
and
$3,750
Specifically, the two deputy city
managers and one of the
department directors. This will
include monthly 1:1 coaching and
leadership development to support
implementation of the proprietary
nested workplan.
Attend at least one staff
department director meetings with
MLT leaders who receive the first
round of executive coaching and
leadership development/ check-
ins. Projected: 10 hours
support for embedding
workplans into
departments.
April 2025
Facilitate discussions with City
Manager and HR about work plan
alignment with performance
evaluation processes. Host one-
one 30- minutes check-in meetings
with each of the MLT members to
check-on progress with utilization
of the work plans. These meetings
can be virtual.
Attend follow-up meeting and
provide updates to City Manager
and MLT. Projected 12 hours of
work.
To support client
through the change
management process to
embed work plans into
the culture of the City
Manager’s Office.
$4,500
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 559
April 2025 Provide executive coaching and
next level support consultation to
at least three (3) MLT participants.
Specifically, the two deputy city
managers and one of the
department directors. This will
include monthly 1:1 coaching and
leadership development to support
implementation of the proprietary
nested workplan.
Attend at least one staff
department director meetings with
MLT leaders who receive the first
round of executive coaching and
leadership development/ check-
ins. Projected: 10 hours
Executive coaching,
leadership development
and support for
embedding workplans
into departments.
$3,750
May 2025 Prepare an agenda and conduct a
Wednesday MLT presentations
on progress with work plans.
MLT presentations on
work plan progress.
$3,000
These presentations will be
conducted at the Wednesday
meetings using a presentation
template prepared and introduced
by the consultant. Four MLT
members will be scheduled in the
MLT weekly Wednesday meetings
to w present their work plan
progress on goals, objective and
outcomes. Projected 8 hours of
work.
June 2025 Conduct a 360 Assessment of each
of the selected department
directors. Analyze the data and
provide feedback to each of the
leaders on their leadership
development: strengths areas of
opportunity, and workplan
progress.
Projected: 10 hours
360 Assessment $3,750
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 560
Phase I, II, IV Professional
Facilitation Services
$45,000
Phase I- IV- Budget Summary
Professional Services: $45,000 (e.g. direct services delivered to client) Indirect Services: $ 4,500 (e.g. 10% of direct services costs for administrative fees) Total: $49,500/ US Dollars
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 561
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, photocopying, 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.
a. 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.
b. 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.
4. 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.
7298
Set-up for Success
LaShonda White
LaShonda White
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 562
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (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
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ 7298
Set-up for Success
LaShonda White
[email protected]
Set-up for Success
101 W American Canyon Rd. Suite # 508-334
American Canyon, CA, 94503
[email protected]
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 563
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an 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, 7298
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7298
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 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 7298
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 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 7298
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Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 568
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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, 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.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 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 7298
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 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, 7298
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Contract No: ________ For the Contract between the City of Richmond and
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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 United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7298
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Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 572
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”):
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NONE
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 573
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.
1. CERTIFICATES: 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 coverage requirements set forth by the City and incorporated herein.
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 set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 574
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. 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.
4. 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.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to 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.
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 576
___ 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.
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 577
___ 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.
Docusign Envelope ID: 686F27F1-0E82-4A3B-87C3-FC420BC9F603 578
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
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Mia Settles Tidwell
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DocID #34720v1
CITY OF RICHMOND
CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
A California: corporation, limited liability corporation, general partnership, limited partnership, individual, non-profit corporation, individual dba as [specify:] _________________________________________ other [specify:] ___________________________________________________
2. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):
City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.
3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.
Department:
City Project Manager:
City Project Manager E-mail:
City Project Manager Phone No:
Vendor No:
Contract No:
Description of Services:
Amendment No. ___ modifies the (check all that apply):
Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.
Human Resources
Sharrone Taylor
[email protected]
510-620-6602
16884
7298
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101 W. American Canyon Road. Suite 508-334
American Canyon, CA 94503
Mia Settles Tidwell
916-957-9610
[email protected]
02/10/2025
01/01/2025
06/30/2025
50,000
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DocID #34720v1 Modified January 14, 2025
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 Contract.
5. Cit
y 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. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e 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. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.
CIT
Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.
By: ________________
_______________
City Clerk
Appr
oved as to form:
By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign 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
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
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AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.
The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
582
DocID #34720v1 Modified January 14, 2025
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:
TERM
PAYMENT
LIMIT
SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by 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.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
06/30/2025
12/31/2025
■
32.500
82,500
■
See attached Service Plan - Attachment A
583
SET-UP FOR SUCCESS, D.B.A. | STATEMENT OF WORK | CONFIDENTIAL & PROPRIETARY ______INITIALS 2
ABOUT SET-UP FOR SUCCESS CONSULTING
The name says it all. It’s simple. We set individuals and organization up for success. Utilizing equity- centered, innovative, practical, and situational approaches to leadership development and organizational health. We build the capacity of clients to strategically navigate and thrive within an ever-evolving educational, corporate, financial, social, and political landscape.
With a proven record of success, individuals and organizations will discover the power within to successfully address workplace dilemmas, lower risk to individuals and organization, curate action plans, achieve strategic goals, and prepare for the next level of transformative impact.
SERVICES PROVIDED
The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the “Services”). The Services will include:
In an effort to support cities, organizations, and institutions of learning in operationalizing California Senate Bill 54, chapter 495, the following consultancy is designed to make it simpler to safeguard our communities from being unlawfully targeted, deposed, seized, dehumanized, or questioned based solely on their citizenship status, perceived race/ethnicity, or origin of birth. a. Phase I- Pre-Consultation Meeting (s) and Facilities Assessment [Mar ch 2025]- In the State of California, we do not interfere with immigration enforcement, but we do “limit assistance with im
migration enforcement to the fullest extent possible consistent with federal and state law.” Essentially, we do not assist ICE in their efforts to execute their mission. Meet with key stakeholders: City Manager, City Attorney, Director of Human Resources, Chief of Police and Director of Public Works, Associate Management Analyst, and Executive Director of the Housing Authority to assist with implementation plan of Senate Bill 54, chapter 495. Conduct a facilities assessment (walk through) to identify three types of spaces: limited access, restrict access and public spaces.
b. Phase II- Update Staff Guidance on a Limited Assistance & Escalation Protocol [ March-April 2025]- It is required by Federal and State laws that any Immigration Customs Enforcement (I.C.E.) official must present the proper authorization and documentation to execute any of the work of I.C.E. in relationship to any human-be ing. According to the U.S. Constitution, this work should be executed without discrimination based on race/ethnicity, color, gender, religion, disability, origin of birth, etc. The development of an escalation protocol would include the City Attorney or designated person who can authorize the various types of subpoenas or wa
rrants prior to Immigration Customs Enforcement (I.C.E.) seizing any individual. The protocol would also include role designation for the Chief of Police, Chief of Fire, City Manager, Director of Human Resources, Executive Director of Housing, and Director of Public Works and other designated officials.
Attachment A
584
3 c. Phase III- Development of a city employee FAQ and Community “Red Card” resources [April 2025]- Communication is key. The consultant will support the city employees with the development of an FAQ and community knowledge “red card” system of resources. These resources can be either posted to a website and/or distributed through City Council committees, taskforces, and neighborhood councils.
d. Phase IV- City Staff and City Council professional development and training [ May-June 2025]- Provide two 2-hour workshops and/or trainings on the Limited Access Protocol with up to 30 individuals per training/workshop.
The Services can also include any other facilitation and consulting tasks which the Parties may agree upon. The Consultant hereby agrees to provide such Services to the Client, through addendum or request in writing. Additional budget may apply.
SCOPE OF WORK , DELIVERABLES & MILESTONES
I. The Consultant will deliver on the following activities in Phases described in the table by the agreed upon date/time, unless modified verbally or in writing by the Parties. The Client will provide compensation for the delivery of services outlined in the chart below:
Phases I-IV- Timeline, Activities and Costs for Services Timeline Activity Description Deliverable Costs
Phase I [March 2025]
Specific date for
assessment/walkthrough
to be determined (TBD).
Pre-Consultation meeting(s).
Scheduled walk through of
designated areas such as: limited
access, restrict access, and public
spaces. Identify needed signage
and individuals who will
participate in phase IV
training/workshops.
Designation of
different types of
spaces/building and
levels of access based
on location and type
of facilities.
$10,000
Phase II [March-April
2025]
Update and expand the Limited
Assistance and Escalation
Protocol. The consultant will use
the information gather to
develop the 2nd draft of the City
of Richmond Limited Assistance
and Escalation Protocol and
tracking system to report on ICE
activities in the city.
Public Safety &
Accountability
structures and Limited
Assistance Protocol in
alignment with Senate
Bill 54, chapter 495
and City of Richmond
ordinance 29-90 N.S.
$4,000
Phase III [March-March
April]
Update of the Limited Assistance
FAQ and gathering of
community resources, (e.g. Red
Card Program)
Communication tools:
FAQ for website and
community
knowledge and
distribution.
$3,500
585
4 Phase IV [May-June
2025]
Develop and facilitate two, 2-
hour workshops for City staff,
City Council, and designated
community members to properly
implement the Limited Access
protocol.
Two customized crisis
management and
limited assistance
workshops for the City
of Richmond
stakeholders.
$15,000
Phase I-IV Professional
Consultation Services
$32,500
Phase I- IV- Budget Summary
Professional Services: $32,500 (e.g. direct services delivered to client) Indirect Services: $ 3,250 (e.g. 10% of direct services costs for administrative fees) Total: $35,750/ US Dollars
Note: The total does not include direct services (e.g. reimbursements for travel, accommodations, meals, and transportation expenses). These will be invoiced separately. 586
March 25, 2025
Mayor's Office
DATE: March 25, 2025
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Correction to Term Expiration Date for Andrew Melendez
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
February 25, 2025
STATEMENT OF THE
ISSUE:
Andrew Melendez’s current term expiration date on the
Community Crisis Response Program Advisory Board is
December 31, 2025, but it needs to be amended to
December 31, 2026.
RECOMMENDED ACTION: AMEND the expiration date for Andrew Melendez’s current term to the Community Crisis Response Program
Advisory Board, from December 31, 2025, to the correct
date of December 31, 2026 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).
DISCUSSION:
Andrew Melendez’s term expiration date for the Community Crisis Response Program Advisory Board was incorrectly listed on the agenda and approved as December 31, AGENDA
REPORT
587
March 25, 2025
2025, at the February 25, 2025, City Council meeting. After reviewing the Community Crisis Response Program Advisory Board bylaws, it was requested that the mayor’s office amend the current term expiration to the correct date of December 31, 2026.
DOCUMENTS ATTACHED:
None.
588
March 25, 2025
Mayor's Office
DATE: March 25, 2025
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Correction to Term Expiration Date for Lashara Johnson
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
February 4, 2025
STATEMENT OF THE
ISSUE:
Lashara LaShawn Monique Johnson’s current term
expiration date on the Community Crisis Response
Program Advisory Board is December 31, 2025, but
needs to be amended to December 31, 2026.
RECOMMENDED ACTION: AMEND the expiration date for Lashara LaShawn Monique Johnson’s current term on the Community Crisis
Response Program Advisory Board from December 31,
2025, to the correct date of December 31, 2026 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
AGENDA
REPORT
589
March 25, 2025
DISCUSSION:
Lashara LaShawn Monique Johnson’s expiration date for the Community Crisis Response Program Advisory Board was incorrectly listed on the agenda and approved as December 31, 2025, at the February 4, 2025, City Council meeting. After reviewing the Community Crisis Response Program Advisory Board Bylaws, it was requested that the Mayor’s Office amend the current term expiration to the correct date of December 31, 2026.
DOCUMENTS ATTACHED:
None.
590
March 25, 2025
Mayor's Office
DATE: March 25, 2025
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Proclamation Declaring March 10, 2025, as Tibetan
National Uprising Day
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
March 21, 2023
March 5, 2024
STATEMENT OF THE
ISSUE:
The City of Richmond recognizes March 10, 2024, as
Tibetan Uprising Day and stands in solidarity with the
Tibetan community.
RECOMMENDED ACTION: PROCLAMATION declaring March 10, 2024, as Tibetan Uprising Day in the City of Richmond – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
The proclamation designates March 10, 2025, as Tibetan Uprising Day in the City of Richmond. It commemorates the Tibetan National Uprising against China's occupation of Tibet and honors those who sacrificed their lives in the struggle for freedom.
Additionally, the proclamation acknowledges the ongoing suppression of human rights in Tibet and the marginalization of Tibetan language, culture, and identity. It highlights U.S. congressional actions related to Tibet, including bipartisan and bicameral efforts to peacefully resolve China's occupation. The proclamation also recognizes the invaluable contributions of Richmond’s vibrant Tibetan-American community. Finally, it honors the community’s gathering to raise the Tibetan flag and mark the 66th anniversary of the Tibetan National Uprising.
AGENDA
REPORT
591
March 25, 2025
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation declaring March 10, 2025, Tibetan Uprising Day in the City of Richmond.
592
Mayor Eduardo Martinez
City of Richmond
March 25, 2025
DECLARING MARCH 10, 2025,
AS TIBETAN NATIONAL UPRISING DAY
WHEREAS, on March 10, 2025, Tibetans throughout the world gather to commemorate the 66th Anniversary of the Tibetan National Uprising against the brutal occupation of their country and pay tribute to the more than one million Tibetans who lost their lives in their struggle for the freedom of Tibet; and
WHEREAS, the occupation and ongoing suppression of human rights and freedom in Tibet and the intentional marginalization of Tibetan language, culture, and identity should continue to be a concern for all freedom-loving people everywhere; and
WHEREAS, the United States has passed multiple bipartisan laws, including the Reciprocal Access to Tibet Act (2018) and the Tibet Policy and Support Act (2020), to promote access to Tibet, protect Tibetan rights, and urge China to engage in meaningful dialogue with Tibetan leaders; and
WHEREAS, in 2023, Congress introduced the Promoting a Resolution to the Tibet- China Conflict Act to further strengthen U.S. policy in supporting a peaceful resolution between Tibet and the People’s Republic of China (PRC); and
WHEREAS, the 2019 Country Reports on Human Rights Practices: China, published by the U.S. Department of State, documented severe human rights violations in Tibet, including forced disappearances, arbitrary detention, censorship, religious repression, and restrictions on movement and political participation; and
WHEREAS, the City of Richmond is home to a vibrant community of Tibetan Americans who have contributed to the diversity of our culture and tradition and is the location of the Tibetan Association of Northern California’s community center, serving the third largest Tibetan community in the United States; and
WHEREAS, the City of Richmond has long supported the Tibetan people, standing in solidarity with the Tibetan people and their just, peaceful, and non-violent movement to remind the world of the occupation, suppression, and degradation of culture, religion, land, and identity of the Tibetan people by China; and
WHEREAS, on March 9, 2025, community members gathered at the steps of Richmond City Hall to raise the Tibetan flag and commemorate the 66th anniversary of the Tibetan National Uprising against the Chinese Communist Party’s invasion and occupation.
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby declare March 10, 2025, as Tibetan Uprising Day in the City of Richmond.
593
March 25, 2025
Mayor's Office
DATE: March 25, 2025
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Councilmember Cesar Zepeda
Subject:
Proclamation Declaring March 3 1, 2025, as Transgender
Day of Visibility
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Transgender Day of Visibility, observed annually on
March 31 is a day to celebrate the achievements,
resilience, and contributions of transgender, nonbinary, and gender-diverse individuals while also raising
awareness of the discrimination and barriers they
continue to face.
RECOMMENDED ACTION: PROCLAMATION declaring March 31, 2025, as Transgender Day of Visibility in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
and Vice Mayor Cesar Zepeda (510-620-6593).
DISCUSSION:
The City of Richmond recognizes the importance of visibility, advocacy, and support for transgender, nonbinary, and gender-diverse individuals. By proclaiming March 31, 2025, as Transgender Day of Visibility, the City affirms its commitment to fostering an inclusive and affirming community for all residents, regardless of gender identity or expression. This proclamation celebrates the resilience, achievements, and contributions of transgender individuals in Richmond and beyond, while also acknowledging the ongoing challenges they face, including discrimination, violence, and AGENDA
REPORT
594
March 25, 2025
systemic inequities. Honoring the legacy of activists like Marsha P. Johnson and Sylvia Rivera, this proclamation serves as a call to action to advance policies and protections that uphold the dignity, rights, and well-being of transgender people. The City encourages all residents to stand in solidarity with the transgender community, challenge stigma, and work toward a more just and equitable society for all.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation declaring March 31, 2025, as Transgender Day of Visibility
595
________________________
Mayor Eduardo Martinez
City of Richmond
March 25, 2025
Declaring March 31, 2025, as Transgender Day of Visibility
WHEREAS, Transgender Day of Visibility, observed annually on March 31, is a day to celebrate the achievements, resilience, and contributions of transgender, nonbinary, and gender-diverse individuals while also raising awareness of the discrimination and barriers they continue to face; and
WHEREAS, transgender people have enriched our communities in countless ways, making invaluable contributions in the fields of education, healthcare, government, the arts, activism, and beyond, yet continue to experience disproportionate rates of violence, discrimination, and inequitable access to healthcare, housing, and employment; and
WHEREAS, despite these challenges, transgender individuals and communities demonstrate extraordinary strength, leadership, and perseverance in advocating for justice, equality, and the right to live authentically and safely; and
WHEREAS, leaders like Marsha P. Johnson and Sylvia Rivera, transgender activists, that were pivotal figures in the LGBTQ+ rights movement, particularly during the Stonewall uprising. Their advocacy laid the foundation for greater visibility and rights for transgender and gender-diverse individuals; and
WHEREAS, Richmond, CA, is committed to fostering an inclusive and affirming community for all residents, regardless of gender identity or expression, and recognizes the importance of visibility in combating stigma, promoting understanding, and affirming the dignity and humanity of transgender people; and
WHEREAS, on this day, we uplift the voices of transgender people, honor their courage, and reaffirm our commitment to advancing policies and protections that uphold their rights and well-being;
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby proclaim March 31, 2025, as Transgender Day of Visibility in the City of Richmond and encourage all residents to celebrate, uplift, and support our transgender community, working together to build a more just and inclusive society.
Vice Mayor Cesar Zepeda
City of Richmond
March 25, 2025
596
March 25, 2025
Police Department
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Bisa French, Chief of Police
Timothy Simmons, Assistant Chief of Police
John Lopez, Police Captain
Subject:
AB 481 “Military Equipment Use” Annual Report
FINANCIAL IMPACT: None.
PREVIOUS COUNCIL
ACTION:
October 4, 2022
October 18, 2022
May 7, 2024
January 7, 2025
STATEMENT OF THE
ISSUE:
The annual military equipment inventory report and
department policy no. 707 are subject to annual City
Council review.
RECOMMENDED ACTION:
ADOPT a resolution (1) accepting the 2024 Annual
Military Equipment Report; (2) determining that the Police Department’s use of military equipment in 2024 complied with the Department’s Military Equipment Policy No. 707 and state law; and (3) to renew the authorizing ordinance No. 12-22 N.S. / Military Equipment Use Policy - Police Department (Bisa French 510-621-1802).
AGENDA
REPORT
597
March 25, 2025
DISCUSSION:
Background:
In response to the City Council’s directive for the previous 2023 Military Equipment Annual Report, the police department has updated the military equipment use policy (No. 707) with the following update (Attachment 1):
The Richmond Police Department (RPD) added information relating to each individual use of equipment that is required to be tracked by Assembly Bill 481 (Government Code § 7070 et seq.) (Attachment 2). This additional detail/information was requested by members of the public and is updated monthly by the police department. This allows usage to be tracked by the public throughout the year prior to the release of the required annual report.
These changes have been incorporated into the 2024 annual report which is being submitted for approval along with the updated police department military equipment use policy (no. 707) (Attachment 3).
In response to the City Council’s directive on January 7, 2025, the police department has developed a process to collect data for when the police rifle is displayed in public during a call for service. After each display of a police rifle, the on-duty watch commander will submit a completed AB 481 Reporting – Equipment Use form documenting the circumstances of the display. This information will be tracked and presented in the next AB481 annual report.
Discussion:
City staff recommends that the City Council review and adopt a resolution accepting the 2024 Military Equipment Annual Report and renew the authorizing ordinance Military Equipment Use Policy (no. 707) to ensure that the Richmond Police Department will continue to have access to each of its existing pieces of qualifying equipment and to affirm the corresponding policies and procedures applicable to maintenance and use of the equipment (Attachment 4).
DOCUMENTS ATTACHED:
Attachment 1 – RPD Policy 707
Attachment 2 – RPD AB 481 Reporting – Equipment Use Form Attachment 3 – RPD Military Equipment Annual Report
Attachment 4 – Resolution
598
Policy
707
Richmond Police Department
Richmond PD CA Policy Manual
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 and establish guidelines for the funding, acquisition, use, and reporting requirements of "military equipment" as the term is defined in Government Code §7070. These obligations include but are not limited to seeking approval on specific items deemed by statute to be military equipment and requirements related to compliance, annual reporting, and complaints regarding these items. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing Body – The Richmond City Council.
Military Equipment – Shall have the same meaning as defined by California Government Code §7070, which includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions (e.g., 40MM launcher, bean bag shotgun, foam-tipped projectiles).
599
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 2 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Richmond Police Department that members of this department comply with the provisions of Government Code §7071 with respect to military equipment. Violations of this policy by member(s) of the Richmond Police Department will be investigated in accordance with the Department's Personnel Complaints policy.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council) and ensuring the report is made available on the departmentwebsite.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Richmond Police Department, as well as provides legal and procedural rules for use and training requirements.
See attachment: Military Equipment Inventory Updated 09012024 (002).pdf 707.5 APPROVAL OF THIS POLICY
The Chief of Police or authorized designee shall obtain approval from the City Council by way of an ordinance approving the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council, a public hearing is held, and the policy is available on the Department's website for at least 30 days prior to any public hearing concerning the military equipment at issue 600
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 3 (Government Code §7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code §7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
The City Council must be able to make the following findings in approving the Military Equipment Use policy as required by Government Code §7071(d)(1) in order to use military equipment:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 MILITARY EQUIPMENT ANNUAL REPORT
Upon approval of this military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment 601
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 4 is available for use (Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code §7071(d)(1).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 COMMUNITY CONCERNS AND COMPLAINTS
Pursuant to Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions by any of the following means:
1. Email: [email protected]
2. In-person or mail:
Richmond Police Department
Attn: AB481 Coordinator
1701 Regatta Boulevard, Richmond, CA 94804
The Department is committed to responding to complaints, concerns, and/or questions received and should respond within ten business days of receiving the correspondence. Any complaints shall be referred to the Community Police Review Commission as the independent oversight body.
All instances of non-compliance with the policy will also be reported to the City Council via the annual military equipment report.
707.10 MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed unless exigent circumstances exist.
707.11 CITY COUNCIL APPROVAL
Pursuant to California Government Code §7071, the City Council of Richmond approved this Policy pursuant to Ordinance 12.22 N.S. on October 19, 2022. The City Attorney and City Council should be notified in writing of any changes to this policy. All amendments to the policy must be reviewed and approved by City Council.
602
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 5 707.12 COMPLIANCE
The Department's AB481 Coordinator will ensure that Department members comply with this policy. The AB481 Coordinator will conduct an annual audit with assistance from members of the Office of Professional Accountability. Any violations will be referred to the Office of the Chief of Police and handled in accordance with the Department's Personnel Complaints policy. All instances of non-compliance will be reported to the City Council via the annual military equipment report.
603
Richmond PD CA Policy Manual
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Attachments - 6 Attachments
604
Attachment
Richmond PD CA Policy Manual
Copyright Lexipol, LLC 2025/01/09, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Inventory Updated
09012024 (002).pdf - 7
Military Equipment Inventory
Updated 09012024 (002).pdf
Military Equipment Inventory Updated 09012024 (002).pdf 605
Richmond Police Department
MILITARY EQUIPMENT INVENTORY
606
1 | P A G E
Background
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.
Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022. The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.
Police agencies across the state have developed similar policies to comply with this new law. The Department’s proposed policy describes the equipment that has already been in the Department’s possession. The Department does not possess any equipment that is atypical for the region.
The City of Richmond possesses fewer types of this equipment than many other Bay Area agencies.
607
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Definitions
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Richmond City Council and Mayor.
“Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)
3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached. (Not applicable to the Richmond Police Department)
4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)
6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to the Richmond Police Department)
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. (Breaching Shotguns)
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8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)
11. Noise-flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)
14. Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.
15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)
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Military Equipment Use Policy
Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
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Military Equipment Inventory
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, extended range impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.
The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Richmond Police Department:
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TACTICAL ROBOT
Equipment Type: Small unmanned tracked robot of any type that is capable of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
Quantity Owned: One (1) Lifespan: Approximately 5-7 Years Equipment Capabilities: Can support first responders in any hazardous incident, which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disasters response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.
Manufacturer Product Description: Small throwable reconnaissance robot designed and manufactured by Recon Robotics, is for use in law enforcement and military applications. The robot can be used by Law Enforcement First Responders, dismounted patrols, special weapons and tactics (SWAT) and other special operations teams.
Purpose: Used to remotely gain visual and audio data, open doors, and clear buildings.
Uses: This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. Only assigned S.W.A.T. operators who have been trained shall be permitted to operate the small- unmanned tracked robot. Use is established by the S.W.A.T team commander, and or Incident Commander. Robots shall not be used as a Use of Force on a person.
Fiscal Impact: Initial Cost $7,500 Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the robot only for official law enforcement purposes, and in a manner, that respects the privacy of our community, pursuant to State and Federal law.
Training Required: S.W.A.T. officers authorized to operate tracked robots are required to successfully complete SWAT Basic school and are subject to practical application training in the use of the robot. Additionally, SWAT Officers regularly train on safe robot deployment in a variety of operational settings.
Other Notes: Recon Robotics Recon Scout
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UNMANNED AERIAL SYSTEM (UAS)
Equipment Type: An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
Quantity Owned: Eight (8) Lifespan: Approximately 3-5 Years Manufacturer Product Description:
DJI INSPIRE – Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
QUANTITY – 1 (One)
INITIAL COST – $11,000
DJI Matrice 210 – Equipped with both an aerial zoom and thermal camera, first responders can now quickly locate missing people in remote areas and plan the safest approach path.
QUANTITY – 1 (One)
INITIAL COST – $16,000
DJI Mavic Pro M1P – The Mavic is smaller, lighter, and easier to carry with you thanks to its foldable design. Its new OcuSync transmission system has a longer transmission range and 1080p resolution. Due to its larger size, the Phantom 4 has a higher maximum speed and can withstand stronger winds.
QUANTITY – 1 (One)
INITIAL COST – Donated
DJI Mini 2 – The Mini 2 can resist 29-38kph winds and take off at a max altitude of 4,000 meters, so your footage is stable even when flying along a windy coastline or high above an alpine forest. With a max battery life of 31 minutes, DJI Mini 2 grants more than enough time to compose the perfect shot.
QUANTITY – 2 (Two)
INITIAL COST – $550 x 2
DJI Mavic Enterprise DUAL – Integrated Radiometric FLIR Thermal Sensor with adjustable parameters for emissivity and reflective surfaces.
QUANTITY – 2 (Two)
INTITIAL COST – $3,338 x 2
DJI Mavic 2 Enterprise ADVANCED – A highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32 times digital zoom and is capable of centimeter-level positioning accuracy with the RTK module.
QUANTITY – 1 (One)
INITIAL COST – $7,300
Purpose: UAS can support first responders in any hazardous incident, which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.
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Uses: Only authorized operators who have completed the required training shall be permitted to operate the UAS.
1. All flights will be approved in advance by a lieutenant and in the absence of management personnel; the sergeant will have the authority to approve missions.
2. All flights will be documented on the mission dispatch form designed for the purpose and all flight time shall be accounted for on the form. The reason for the flight and type of mission as specified and the name of the police manager or supervisor approving the mission will also be documented.
3. The manager or supervisor approving any flight missions, UAS operators and observers will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Each UAS operator and observer will ensure that the operation of the UAS is consistent with local, state, and federal laws.
4. The use of the UAS will be limited to the authorized missions described herein. The authorized missions for the RPD UAS are:
• Post-incident crime scene preservation and documentation • Explosive Ordinance Disposal (EOD) missions
• Response to hazardous materials spills
• Search and Rescue (SAR) missions defined in California Government Code Section 26614 Public safety and life preservation missions to include barricaded suspects, hostage situations, civil unrest incidents, active shooters, apprehension of armed and dangerous and/or violent fleeing suspects, and high-risk search warrants • Disaster response and recovery to include natural or human caused disasters including a full overview of a disaster area for post-incident analysis and documentation • Training missions
• In response to specific requests from local, state, or federal fire authorities for fire response and prevention
• When there is probable cause to believe that (1) the UAS will record images of a place, thing, condition, or event; and (2) that those images would be relevant to proving that a certain felony had occurred or is occurring, or that a particular person committed or is committing a certain felony and the use of the UAS does not infringe upon the reasonable expectation of privacy
• Pursuant to a search warrant
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MOBILE COMMAND CENTER
Equipment Type: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation. Some major incidents engender special management challenges and require an on-site incident command structure to assist senior personnel in addressing the circumstance presented by the incident.
Quantity Owned: 1 (One) Lifespan: The EVI Spartan Mobile Command Center was purchased in 2013
and has a 20-year lifespan on chassis and
vehicle structure. Upgrades will be needed
in time to maintain IT systems.
Equipment Capabilities: This vehicle is designed to be a stand-alone mobile command post for large-scale high risk or natural disasters.
Manufacturer Product Description: 2012 EVI Spartan is a 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned high - risk incidents. As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with various missions.
Purpose: The Mobile Command Center is a vital component to the police mission when major emergencies, natural and man-made disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.
Uses: Instances that require the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents. It is the policy of the Richmond Police Department to have the Mobile Command Center ready and available for use at any emergency, special operation, special event, or other function requiring the use of an on scene incident command post.
Fiscal Impact: Initial Cost $402,152.52 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to use the mobile command vehicles only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
Training Required: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city.
Authorized drivers will possess a valid Class B California Driver license with an airbrake endorsement and complete requisite training on the operation of the MCC and its systems.
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BREACHING SHOTGUN & PROJECTILES
Equipment Type: Remington 870 Breaching Shotgun and TESAR Breaching Rounds Quantity Owned:
Shotguns - 2 (Two)
Lifespan:
25 years or dependent on operational usage
Breaching Rounds - 300 Approximately 5 Years
Equipment Capabilities: This weapon allows breachers to safely utilize shotgun- breaching rounds in order to destroy deadbolts, locks, and hinges. The standoff that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round.
Manufacturer Product Description:
Remington 870 Police Magnum – Pump-action shotgun is a rugged 12gauge with a short, tactical 14” barrel backed by a stout 3” chamber.
TESAR 2 Breaching Rounds – Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
TESAR 1 Breaching Rounds – Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
Purpose: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT Unit tactics. An effective breach is a design where the least amount of breaching shotgun rounds are used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and locks.
Uses: Breaching shotguns shall only be used on a door, gate, or other entry in the following circumstances:
1. Barricaded suspect and/or hostage situations.
2. High-risk warrant services
3. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.
Fiscal Impact:
Breaching Shotguns - Initial Cost $550
(Each)
Breaching Rounds – Initial Cost $2,000
Annual Maintenance Cost:
$100
$500
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
Training Required: SWAT Officers that are trained in the use of breaching shotguns must successfully complete a SWAT Breaching course or in-house training from a breaching instructor. Furthermore, SWAT Officers must undergo live fire proficiency training in its application.
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PATROL RIFLES & AMMUNITION
Equipment Type: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style (Colt M4) weapon system is designed to fire a .223/5.56 caliber projectile.
Quantity Owned:
Rifles - 98 (Ninety-eight) total
.223 Ammunition – 10,000 Rounds
.308 Ammunition – 2,000 Rounds
Lifespan:
15+ Years
Varies
Varies
Equipment Capabilities:
The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, patrol rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
.223 Ammunition - Operational Range from 0-500 yards
.308 Ammunition - Operational Range from 0-1000 yards
Manufacturer Product Description:
COLT M4 Carbine / Patrol Rifle– This carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Colt’s reliability, performance and accuracy provide officers the confidence required to accomplish any mission.
QUANTITY: 50
INITIAL COST: $895 each
COLT M4 / M16 A2E / (Exclusive to trained SWAT operators) – The SWAT M4 rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
QUANTITY: 13
INITIAL COST: $1,025 each
COLT Commando / (Exclusive to trained SWAT operators) – The Colt Commando is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 2
INITIAL COST: $1,199 each
DPMS M-160 / (Exclusive to trained SWAT operators) – The DMPS is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 5
INITIAL COST: $1,199 each
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COLT M16 A2 / (Exclusive to trained SWAT operators) – The Colt M16 A2 is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 2
INITIAL COST: $1,199 each
COLT AR-15 Match Target Competition Rifle – This rifle is a Colt Match Target (flattop) with 16″ heavy barrel with 1 in 9 twist. It has a removable handle so that a scope or optical site can be easily mounted. It comes with match rear sights and regular front site.
QUANTITY: 8
INITIAL COST: $1,199 each
H&K MP5 (Exclusive to trained SWAT operators) – Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.
QUANTITY: 17
INITIAL COST: $965 each
H&R Arms M14 – Weapon is decommissioned
QUANTITY: 1
INITIAL COST: N/A
Gold Dot Soft Point 55 or 62 grain .223 & Federal / Winchester 55 grain FJM .223 - Only ammunition that meet RPD specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities.
INITIAL COST: $358 per 1,000 rounds
ANNUAL COST: $8,000
Federal Tactical Tru 168 grain .308 & Federal Tactical Bonded Tip 168 grain .308 (Exclusive to trained SWAT operators) - Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions.
INITIAL COST: $450 per 500 rounds
ANNUAL COST: $2,000
Purpose: In order to more effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department (RPD) will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource.
Uses: Officers may use rifles in the following situations:
a) When there is an objectively reasonable anticipation of an armed encounter.
b) When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range.
c) Situations where an officer reasonably expects the need to meet or exceed a suspect’s firepower.
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d) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
e) When an officer reasonably believes that a suspect may be wearing body armor.
f) When authorized or requested by a supervisor
g) When needed to euthanize an animal
Fiscal Impact: Listed above Annual Maintenance Cost: $250 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Training Required: Officers shall not carry or use the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 40- hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete quarterly training and qualification conducted by certified patrol rifle instructors.
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DIVERSION DEVICES
Equipment Type: Canisters that emit a loud noise and bright light Quantity Owned: 150 (One hundred-
fifty)
Lifespan: 5 Years
Equipment Capabilities: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention- getting” devices. Light Level 6 – 8 million Candelas Light Duration 10 milliseconds.
Manufacturer Product Description: This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device unit packs all the power of the full size 12-Gram Distraction Device unit.
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term physiological/psychological sensory deprivation to give officers a tactical advantage.
Uses: Generally, flash/sound diversionary devices may be considered whenever the use of a less lethal diversion would help facilitate entry, enabling arrest and potentially reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals. Diversion devices shall only be used for distraction purposes.
Circumstances for the use of flash/sound diversionary devices include:
1. Barricaded suspect and/or hostage situations.
2. High-risk warrant services.
3. Disperse potentially violent animals.
4. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.
A Barricaded suspect is defined as an individual who is inside a structure and is actively preventing law enforcement from entering, typically posing a threat to themselves or others.
A High-risk warrant services is defined as operations with significant risk of violence or harm, necessitating specialized equipment and tactics to ensure safety and compliance with the service of the warrant.
An SRT or SWAT Commander may authorize the use of diversion devices for the above mentioned circumstances or when there is a high likelihood of a violent confrontation or when a diversion device is needed to mitigate risk to citizens and officers.
Fiscal Impact: Initial Cost $6,800 per 120
devices
Annual Maintenance Cost: $0
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department’s policy to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Training Required: Diversionary Device Trainers must successfully complete a Diversionary Device Course that has been approved by the SWAT Commander. 620
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Diversionary Device Trainers are responsible for maintaining and updating the SWAT Team's training and qualification as they pertain to the deployment of diversionary devices.
Diversionary Device Trainers will attend at least one course related to diversionary devices every three years for updating training and maintenance of their training skills.
CHEMICAL AGENTS
Equipment Type: Canisters or projectile rounds containing chemical agents that are released when deployed
Quantity Owned: 675 Lifespan: 5 Years
Equipment Capabilities: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size.
Manufacturer Product Description: Examples of chemical agents include CN, CS and OC. Delivery methods include Ferret rounds, blast dispersion rounds/canisters, burning canisters and barricade penetrating rounds.
Defense Tech SPEDE-HEAT – Pyro Burning CS gas
Canister
Quantity: 10
Defense Tech HAN-BALL – Pyro Burning CS gas
Quantity: 20
Defense Tech Flameless Tri-Chamber – Pyro Internal
Burn CS gas
Quantity: 10
CTS Indoor 5230B – Pyro Indoor Safe CS gas with dense
cardboard to prevent heat/outside flame
Quantity: 25
Defense Tech Aerosol Vapor – Non-Pyro OC gas
Quantity: 25
Defense Tech Maximum Smoke – Pyro high volume
white smoke
Quantity: 10
CTS 40mm Liquid Ferret Rounds – Non-Pyro CS gas
Launchable Munition with instantons delivery once
ruptured
Quantity: 100
Defense Tech 40mm Direct Impact OC – Direct impact
OC gas
Quantity: 100
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Pepperball – Pepper ball live projectiles .2% PAVA Quantity: 375 Purpose:
Chemical agenda are to be used exclusively by SRT team members. Generally, during high-risk tactical incidents, chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police and the suspect.
Chemical agents can be also used to prevent an armed suspect from accurately firing at citizens and/or officers.
Uses: Chemical agents may be used for crowd control, crowd dispersal or against barricaded suspects in certain circumstances. Only the Patrol Sergeant, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.
Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652:
(a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals.
(e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:
1. A violation of an imposed curfew.
2. A verbal threat.
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3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use.
Fiscal Impact: Initial Cost $5,000 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Training Required: Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control. Proficiency training must be conducted and documented by a Department approved instructor.
LESS LETHAL IMPACT DEVICES & KINETIC ENERGY
PROJECTILES
Equipment Type: Less than lethal tool to launch impact rounds Quantity Owned:
Less lethal impact devices: (35) Thirty-five
Kinetic energy projectiles: 700
Lifespan:
10 Years and dependent on operational
usage
5 Years
Manufacturer Product Description, Capabilities, Quantity, Cost:
Remington 870 Bean Bag Shotgun – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.
QUANTITY: 17
INITIAL COSTS: $550
Remington 870 Chemical Shotgun (Exclusive to trained SWAT operators) – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.
QUANTITY: 2
INITIAL COSTS: $550
Penn Arms 40mm, 6-cylnder Pump Multi-Launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. The launchers can deliver munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 3
INITIAL COSTS: $1,531 each
Penn Arms 40mm, single-shot launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 7
INITIAL COSTS: $1,302 each
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FN 303 Launcher – The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining
QUANTITY: 4
INITIAL COSTS: $1,299 each
Federal Laboratories 37mm – The long range projectile has a 150 yard range (Decommissioned)
QUANTITY: 2
INITIAL COSTS: $299 each
Defense Tech 40mm Exact Impact Round -
6325 – Safe Range 5 ft – 131 ft; 325 fps
6325-A (Marking) – Safe Range Open 5 Ft – 131 Ft 315 fps Closed 131 Ft – 230 Ft; 425 fps
QUANTITY: 150
INITIAL COST: $3,000
Defense Tech 12 gauge Bean Bag – Drag Stabilized round / Safe Range 20 ft – 75 ft, 270 fps, tear shaped bag filled with #9 shot
QUANTITY: 250
INITIAL COST: $1,000
CTS 12 gauge Bean Bag – Super-sock round / Effective Range up to 75 ft, 270-290 fps, shot filled ballistic fiber
QUANTITY: 300
INITIAL COST: $1,200
Purpose: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely.
Uses: The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
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situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652.
(a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals.
(e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:
1. A violation of an imposed curfew.
2. A verbal threat.
3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use.
Less lethal impact devices and kinetic energy projectiles shall not be used in the following circumstances:
• On a person who is under restraint
• Targeted at a person’s head, neck or vital organs
• Within 20 feet or a distance that could cause death or serious bodily injury • On a person only engaged in non-compliance or passive resistance • On a person who has made credible threats to harm themselves but is not imminently carrying out this threat
Fiscal Impact: Initial cost Listed above Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the less lethal impact devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Training Required: Only personnel trained and having shown proficiency in the use of any control device are authorized to carry the device. Proficiency training must be conducted and documented by a Department approved instructor.
625
RICHMOND POLICE DEPARTMENT
AB 481 REPORTING – EQUIPMENT USE
The Richmond Police Department is required by law to publish an annual report to the public and the governing body (City Council) detailing the police department’s inventory and use of police equipment defined by California legislators as “Military Equipment”.
Watch Commanders (or their designee) shall complete this form when any of the equipment listed below is used or a patrol rifle is displayed . The form shall be submitted via email to [email protected] before their tour of duty.
DATE: ______________ TIME: _______________ CASE/INCIDENT NUMBER: _____________________
PATROL RIFLE DISPLAY ONLY DISPLAY COUNT: ___________ EQUIPMENT USED:
EQUIPMENT TYPE COUNT EQUIPMENT DESCRIPTION
Armored Personnel Carrier
Breaching Shotgun Projectiles
Chemical Agents
Diversion Devices (Flashbangs)
Less Lethal Impact Devices & Kinetic Energy
Projectiles
Mobile Command Center (MCC)
Patrol Rifles & Ammunition
Tactical Robot
Unmanned Aerial System (UAS)
BRIEF SUMMARY:
Watch Commander: ___________________________________
626
Annual Military
Equipment Report
Jan. 1, 2024 – Dec. 31, 2024
Richmond Police Department
627
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
2 CONTENTS
Introduction _________________________ 3
Definitions __________________________ 4
Equipment Inventory by Type ___________ 6
Military Equipment Use Summary _______ 9
Projected Acquisitions for 2024 ________ 12
Summary of Complaints / Concerns_____ 13
Fiscal Impact ______________________ 14
Training Costs _____________________ 15
Conclusion ________________________ 16
628
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
3 INTRODUCTION
The Richmond Police Department maintains and deploys a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “prevent crime and maintain order. We work in partnership with our diverse community to hel p solve neighborhood problems, address root causes of crime and improve the quality of life in Richmond. We strive to perform in a manner that promotes public trust, confidence and a sense of safety and security.” While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident.
The Richmond Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner.
The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring critical incident to a safe resolution.
This annual report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from Jan. 1, 2024 through December 31, 2024. 629
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
4 DEFINITIONS
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Richmond City Council and Mayor. “Military equipment” means the following:
1. (UAS) Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.
2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)
3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached. (Not applicable to the Richmond Police Department)
4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)
5. (Mobile Command Center) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)
6. Weaponized aircraft, vessels, or vehicles of any kind . (Not applicable to the Richmond Police Department)
7. (Breaching Shotguns) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)
9. (Patrol Rifles) Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)
11. (Flash-bangs) Noise-flash diversionary devices and explosive breaching tools.
12. (Chemical Agents) Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)
14. Kinetic energy weapons and munitions to include 40mm launcher, bean bag shotgun, 630
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
5 foam-tipped projectiles.
15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)
“Military Equipment Use Policy” refers to the Richmond Police Department’s Military Equipment Use Policy (PM 707) and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
631
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
6 EQUIPMENT INVENTORY BY TYPE
Note: The inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to operational usage, training, operational wear, or manufacturer recom mended replacement guidelines. While the Richmond Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment. Quantities listed are ending quantities from the reporting period of January 1, 2024 through December 31, 2024.
Unmanned Aerial Systems (UAS / Drones)
Equipment Name and Model Quantity
DJI Avata 3
DJI Mini 2 2
DJI Mavic Enterprise DUAL 2
DJI Mavic 2 Enterprise Advanced 1
Tactical Robot
Equipment Name and Model Quantity
Recon Robotics 1
Mobile Command Center (MCC)
Equipment Name and Model Quantity
2013 EVI Spartan Mobile Command Center 1
Breaching Shotguns
Equipment Name and Model Quantity
Remington 870 Police Magnum Shotgun 4
Shotgun Breaching Munitions
Equipment Name and Model Quantity
TESAR-2 / Model FE183 150 Rounds
TESAR – 1 / Model FE182 175 Rounds
632
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
7 Rifles
Equipment Name and Model Quantity
COLT M4 Carbine 5.56mm 50
COLT M16 A2E 5.56mm (SWAT Only) 13
COLT Commando 5.56mm (SWAT Only) 2
DPMS M-160 (SWAT Only) 5
COLT M16 A2 (SWAT Only) 2
COLT AR-15 Match Target Competition Rifle 8
SIG SAUER MCX Rifle 5.56mm (Traffic Unit) 2
Rifle Ammunition
Equipment Name and Model Quantity
Gold Dot Soft Point 62 grain .223 10,000 Rounds
FMJ 55 grain .223 40,000 Rounds
Federal Tactical Tru 168 grain .308 2,500 Rounds
Federal Tactical Bonded Tip 168 grain .308 2,500 Rounds
Diversionary Devices (Flash Bangs)
Equipment Name and Model Quantity
Defense Technology Model #8933 120
Chemical Agents and Smoke Canisters
Equipment Name and Model Quantity
Defense Tech SPEDE-HEAT – Pyro Burning CS Gas #1072 10 Canisters Defense Tech HAN-BALL – Pyro Burning CS Gas #1092 20 Canisters Defense Tech Flameless Tri-Chamber – Pyro Internal CS Gas #1032 10 Canisters CTS Indoor 5230 B – Pyro Indoor Safe CS Gas #5230B 50 Canisters Defense Tech Aerosol Vapor – Non-Pyro OC Gas #1056 25 Canister Defense Tech Maximum Smoke – Pyro High Volume #1083 10 Canisters CTS 40mm Liquid Ferret Rounds – Non-Pyro CS gas Launchable Munition #4330 100 Rounds Defense Tech 40mm Direct Impact OC – Direct Impact OC Gas #6320 100 Rounds Pepperball Live Projectiles .2% PAVA 375 Rounds
633
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
8 40mm Launchers and Munitions
Equipment Name and Model Quantity
Penn Arms 40mm, 6-cylnder Pump Multi-Launcher 3
Penn Arms 40mm, single-shot launcher 7
Defense Tech 40mm Exact Impact Sponge Round #6325 100
Defense Tech 40mm Exact Impact (Marking) #6325-A 50
Federal Laboratories 37mm (Decommissioned) 2
Less Lethal Shotguns and Rounds
Equipment Name and Model Quantity
Remington Model 870, 12-guage Shotgun 17
CTS 12-guage Bean Bag Super-sock 500 Rounds
Chemical Shotgun
Equipment Name and Model Quantity
Remington Model 870, 12-guage Shotgun 2
Less Lethal Launcher
Equipment Name and Model Quantity
FN 303 4
634
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
9 MILITARY EQUIPMENT USE SUMMARY
This section outlines the military equipment Usage for January 1, 2024 – December 31, 2024 by the Richmond Police Department. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is NOT captured in this section. This section ONLY provides data for the OPERATIONAL USE of military equipment listed within this annual report. The mere possession of the equipment does not warrant its use for every incident.
1. UNMANNED AERIAL SYSTEMS (UAS / DRONES)
Collect aerial photographic and video evidence in support of an investigation (e.g., crime scene documentation of shootings, homicides, officer-involved shootings). (6 uses) Support SWAT and patrol during high -risk, tactical, or othe r public safety life -preservation missions (e.g., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding). (42 uses)
Conduct overwatch and intelligence gathering for investigative, specialty units, and SRT during critical incidents and investigations. (6 uses)
Assisting patrol with establishing overwatch during perimeter searches. (66)
2. TACTICAL ROBOT
Small Unmanned Tracked Robots are to be used exclusively by the SWAT unit during high risk operations.
3. ARMORED PERSONNEL CARRIER (RESCUE VEHICLE)
Support SWAT during critical incidents and pre -planned operations by providing greater safety to community members and officers.
Higher degree of ballistic protection during high-risk operations. The use of a rescue vehicle is extremely vital to ensure the communities safety and ensure mission success.
4. MOBILE COMMAND CENTER
Serves as a command post for critical incidents during complex events. Special Events (RPD Connect, Cinco De Mayo, Juneteenth). DUI Checkpoint command post.
5. BREACHING SHOTGUN
SWAT Team operations for High Risk warrant services.
6. LESS LETHAL SHOTGUNS AND MUNITIONS
Confront armed person and the tactical circumstances allow for the safe application of approved munitions.
635
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
10 7. DIVERSIONARY DEVICES
To facilitate high -risk entries during warrant services, enabling arrest and reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals. Used as a distraction device during all incidents.
8. RIFLES AND AMMUNITION
There is an objectively reasonable anticipation of an armed encounter. Used in accordance with California Penal Code § 835 and RPD PM 300.3.2.
9. CHEMICAL AGENTS AND SMOKE CANISTERS
Compounds, devices, and delivery systems utilized by the RPD SRT team members. The deployment of chemical agents is a tactical option that may be selected with the goal of protecting life and property and/or restoration of order per AB 48.
10. 40mm LAUNCHERS AND MUNITIONS
Encountering an armed person with a weapon and the tactical circumstances allow for the safe application.
There is probable cause to believe that the person has already committed a crime of violence and is refusing to comply with lawful orders.
11. PEPPERBALL LAUNCHERS AND PROJECTILES
Decommissioned
636
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
11 The following is the data for military equipment usage by category for this reporting period:
Monthly Incident Summary Logs can be viewed at the following link:
https://www.ci.richmond.ca.us/4706/Military-Equipment-Use-Statistics
Use Type Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Armored Personnel Carrier 0 2 0 0 1 0 0 2 1 0 0 0 6
Breaching Shotgun 0 0 0 0 0 0 0 0 0 0 0 0 0
Chemical Agents 0 1 0 0 0 0 1 7 0 0 0 4 13
Diversionary Devices 0 4 0 0 8 0 0 6 0 0 0 0 18
Less Lethal Impact Devices & Kinetic
Energy Projectiles 1 1 0 0 0 0 0 0 0 0 0 3 5
Mobile Command Center 0 0 0 1 0 0 0 1 0 0 0 0 2
Patrol Rifles and Ammunition 0 0 0 0 0 0 0 0 0 0 0 0 0
Tactical Robot 0 0 0 0 0 0 0 0 0 0 0 0 0
Unmanned Aerial System 4 6 2 4 11 1 1 6 13 4 2 5 59
Total 5 14 2 5 20 1 2 22 14 4 2 12 103
637
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
12 PROJECTED ACQUISITIONS FOR 2025
While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental need.
These unexpected needs-based acquisitions will be in accordance with department policy and AB 481.
CONSUMABLE MILITARY EQUIPMENT
Consumable AB 481 military equipment acquisitions in the next 12-months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.
Categories of consumables are as follows:
Ammunition- all calibers
Diversionary Devices
Chemical Agents and Smoke Canisters
Specialty Munitions (40mm and Less Lethal Munitions)
Kinetic Energy Rounds
Non-consumable are as follows:
Multipurpose Response & Rescue Vehicle
- As the SWAT team is responsible for responding to all incidents that exceed the capability of patrol within our jurisdiction, including terrorist attacks, hostage situations, and mass shooting incidents, we hereby request permission to seek funding to purchase a tactical multipurpose Response and Rescue Vehicle. - Projected funding source: State/Federal Grants, Asset Seizure, General Fund Requests the borrowing of a Ballistic Armored Tactical Transport vehicle) from the Department of East Bay Regional Parks Police Department for use with the clear understanding that such equipment will be solely used by the Richmond SWAT team for high- risk tactical situations (high-risk warrant services or critical incidents such as hostage rescues, active shooters, barricaded shooters) to preserve life and protect the community members of Richmond.
Daniel Defense Rifle Replacement Upper Receivers for SWAT Rifles (QTY 20) - Projected funding source: Budgeted for FY2024-25
Penn Arms 40mm Single Shot Launcher (QTY 10)
- Projected funding source: Budgeted for FY2024-25
638
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
13 SUMMARY OF COMPLAINTS / CONCERNS
The Richmond Police Department is committed to responding to complaints, concerns and/or questions received in a timely manner. During this reporting period, there were 0 formal complaints.
The Richmond Police Department did not have any policy violations with the deployment or use of military equipment.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: 510-620-6675
3. Via mail sent to: Richmond Police Department, 1701 Regatta Blvd, Richmond, CA, 94801
Officer-Involved Shootings (OIS) and Discharge of Military Equipment Firearm:
There were no OIS incidents during this reporting period that involved the use of military equipment.
639
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
14 FISCAL IMPACT
The Richmond Police Department is budgeted for 145 sworn officers and 67 professional staff members. The proposed operating budget for the police department for the FY 2024 was $77,662,890. The chart below reflects the Richmond Police Department’s cost for Military Equipment during this reporting period.
The following were the equipment related expenditures for January 1, 2024 to December 31, 2024.
Also listed is the total costs for the equipment listed. Equipment expenditures include the acquisition of new equipment, the replacement or repair of damaged equipment, and the ongoing maintenance of our AB 481 military equipment which are captured in our Annual Maintenance/Replacement column.
Updated: 01062025
Equipment Quantity Acquisitions Annual Maintenance /
Replacement Cost Total Cost
1. UAS 5 $ 189.50 $ - $ 189.50
2. Mobile Command Center 0 $ - $ - $ -
3. Tactical Robot 0 $ - $ - $ -
4. Breaching Shotguns 2 $ 550.00 $ - $ 550.00
5. Breaching Rounds 125 $ 775 .00 $ - $ 775.00
6. Rifles 2 $ 6,789.14 $ - $ 6,789.14
7. Rifle Ammunition 1,465 $ 19,908.94 $ - $ 19,908.94
8. Diversion Devices 200 $ 17,422.82 $ - $ 17,422.82
9. Chemical Agents 274 $ 7,766.24 $ - $ 7,766.24
10. Beanbag Shotgun 0 $ - $ - $ -
11. Beanbag Rounds 310 $2,499.63 $ 2,499.63
12. Direct Impact munitions 100 $ 2,864.13 $ - $ 2,864.13
13. Direct Impact Launchers 0 $ - $ - $ -
640
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
15 TRAINING COST
The safe and proficient use of the equipment outlined by AB 481 requires initial and on-going training as well as required certifications. Most training for department personnel is conducted internally by department personnel to ensure adherence to law and policy. There are times when department personnel are sent to required external training courses and to enhance/supplement internal trainings as well as to obtain train the trainer certifications.
Consumable and non-consumable equipment are used during training to ensure proficiency and competency during real-life emergencies. Funding sources for all internal and external training are reflected in the Richmond Police Department’s operations budget. Budget information is available at the following link: https://www.ci.richmond.ca.us/183/Budget-Documents
A table compiling the applicable training for 2024 is listed below:
Course Name No. of
Attendees Course Location Registration
Cost Other Costs Total
Chemical Agents Instructor
Course 2 San Diego, CA $3,762.00 $4,312.15 $8,074.15
Basic SWAT 3 McClellan Park, CA $3,000.00 $7,578.16 $10,578.16 Basic SWAT 1 Dublin, CA $1,030.00 $2,040.00 $3,070.00
UAS Basic Pilot Course 1 Fairfield, CA $1,199.00 $155.00 $1,354.00 UAS Managers Course & UAS
Crowd Management 1 Fountain Valley, CA $350.00 $1,420.44 $1,770.44 Basic Pilots Course 1 Pittsburg, CA $1,234.85 $276.00 $1,510.85 Basic Pilots Course 2 Oakley, CA $2,398.00 $552.00 $2,950.00 Less Lethal ICP Instructor 1 Olympia, WA $995.00 $2,010.92 $3,005.92 Grand Total 12 - - - $32,313.52
641
Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2024 – December 31, 2024
16 CONCLUSION
This Military Equipment Report reaffirms the Richmond Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Richmond Police Officers to better protect our communities, enhance the safety of the public and officers, and bring critical incidents to a safe resolution.
Public safety is and always has remained a shared responsibility. The strength of our Department is structured with the willingness of our communities to work in partnership with our officers to address crime in their neighborhoods. This shared partnership with the community and continued support has helped the COR be an example of community policing to not only the Bay Area, but to the entire Nation.
Since our founding in August of 1905, the Richmond Police Department has stood watch and protected our community with Pride & Purpose. Every day, first responders put their own lives on the line to ensure the community’s safety. It is vital that the City of Richmond ensures that our First Responders have the necessary tools, equipment, and training to protect the community they have sworn to serve.
Understanding law enforcement is a partnership between the police and community, we will continue to serve and do all we can to guard against harmful actions of a few individuals. The Richmond Police Department is proud to work in partnership with our diverse community to help solve problems, address root causes of crime and improve the quality of life in Richmond.
For more information on RPD Military Equipment visit:
https://www.ci.richmond.ca.us/4248/Assembly-Bill-AB-481---Military-Equipmen
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DocID #27702v1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ACCEPTING THE 2024 ANNUAL MILITARY EQUIPMENT REPORT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481") now codified in California Government Code Sections 7070 through 7075, relating to the use of military equipment by law enforcement in California; and WHEREAS, requires the Richmond Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdiction about the deployment of military equipment, or using military equipment; and
WHEREAS, on October 18, 2022, the City Council adopted Ordinance 12-22 approving the Police Department ’s Policy 707: Military Equipment Use Policy ; and
WHEREAS Policy 707 adheres to the requirements of California Government Section 7070 et. seq. with respect to the funding, acquisition, and use of military equipment; and
WHEREAS, Policy 707, Ordinance 12 -22, and Government Code Section 7072 require s the City to publish annually a military equipment report for the prior calendar year . This report summarizes the use of each type of military equipment approved by Policy 707, any complaints or concerns received about the military equipment, provides the results of any internal audits and information about violations of Policy 707, and any actions taken in response, provides the total annual cost for each type of approved military equipment and the source of funds for military equipment in the upcoming year, and inventories the quantity of each type of military equipment possessed and listing the quantity to be acqui red in the upcoming year; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that it approves the Richmond Police Departments 2024 Annual Military Equipment Report.
BE IT FURTHER RESOLVED that based on the 20 24 Annual Military Equipment Report and Policy 707, the City Council determines as follows:
1. Each type of military equipment identified in Policy 70 7 is necessary because there is no reasonable alternative that can achieve the same objective of officer an d civilian safety;
2. Policy 707 will safeguard the public ’s welfare, safety, civil rights, and civil liberties;
3. The equipment described in Policy 70 7 is reasonably cost effective compared to available alternatives that can achieve the same objectiv es of officer and civilian safety; and
4. The Department ’s use of military equipment has complied with Policy 70 7 and the projected acquisition request for 2024 are approved.
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DocID #27702v1
BE IT FURTHER RESOLVED that the City Council hereby determines that Richmond Police Department Policy 70 7: Military Equipment Use Policy – which was approved by City Council upon adoption of Ordinance 12-22 on October 18, 2022 – shall be accepted .
*******
ADOPTED this 25th day of March, 2025, by the following votes:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF
RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
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 …
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