CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Human Resources Project Manager: Anil Comelo Project Manager E-mail: Project Manager Phone No:
anil [email protected] (510) 620-6609
P.R. No: Vendor No: 8535 P.O./Contract No: 5544
Description of Services:
Confidential investigations on an as-needed basis.
Amendment No. 1 modifies the: (2"d or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and 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: Municipal Resource Group, LLC
Street Address: P.O. Box 561
City, State, Zip Code: Wilton, CA 95693
Contact Person: Mary Egan
Telephone: (916) 261-7547 Email: [email protected] Business License No: 40043289 / Expiration Date: June 29, 2021 A California corporation, V 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 April 6, 2021 , which original term commenced on April 6, 2021 and terminates April 5, 2023 with an original contract payment limit of $50,000.00 • Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
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.
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.
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.
Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation Municipal Resource Group, LLC
By. (*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
Title:
By_
I hereby certify that the Original Contract
and this Amendment have been approved Title:_
by the City Council or executed by the City (*The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) By. By:_
City Clerk
Title:_
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a corporation or nonprofit organization, this
Contract (1) should be signed by the
By_ Chairperson of the Board, President or
City Attorney Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
List of Attachments: should have both signatures conform to
1. Amendment Provisions designated representative groups pursuant
2. Updated Insurance Certificates to Corporations Code Section 313.
Contract Amendment/EJ/TE 09-26-07
Contract Amendment between the City of Richmond anc
Municipal Resource Group, LLO
Amendment No. P.O./Contract No.
1 5544
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:
Confidential investigations on an as-needed basis as per the attached Scope of Services.
Contract Amendment/EJ/TE 9-26-07
Contract Amendment between the City of Richmond and
Municipal Resource Group, LLC
Amendment No. P.O./Contract No.
1 5544
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 $ 50,000.00
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 $ 50,000.00
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 $ 50,000.00
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 $ 50,000.00
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 $ 50,000.00
Term Amendment (insert new termination date):
Service Plan
MRG
October 14, 2021
Anil Comelo
Interim Deputy City Manager/Human Resources Director
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Dear Mr. Comelo:
Thank you for requesting an amendment to the current agreement Municipal Resource Group, LLC ("MRG") to include investigative services. MRG will assist the City of Richmond ("City") with confidential personnel investigations. This letter will confirm the City's request to engage MRG to provide these services. Ren Nosky will serve as the MRG Investigator for the current matter and can be reached at ren @irgattorneys.com or by phone at (831) 666-7350. MRG will assign an investigator on new matters based on availability and expertise.
MRG will conduct confidential investigations to determine the factual basis of allegations as requested. At the end of each investigation, MRG will provide a written report unless otherwise instructed, to be produced within 30 days of the final interview or earlier. MRG does not provide legal advice, and the Investigator's role in this process is as a neutral fact finder providing information to the City.
Independence. As an independent investigator, MRG has the right to determine the means, manner, and findings related to the investigation. The City agrees to allow MRG full discretion to undertake the investigation and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that this Agreement is not dependent on MRG making or failing to make a particular determination, finding of fact, or conclusion.
Cooperation. To perform our services effectively, we require the full cooperation and support of all representatives from the City. You can assist us by keeping us fully informed as to facts and developments relevant to our investigative services. It is essential that we receive accurate and complete information, including written materials when requested, and that involved personnel are available to the extent required.
Fees. The City agrees to pay MRG at the rate of $275.00 per hour for work done in these matters.
All fees will be billed on an hourly basis. MRG anticipates that the interviews will be conducted remotely unless otherwise specified. When appropriate, MRG uses a research assistant at $95.00 per hour to handle work commensurate with his or her experience and expertise. Time charged will include all activities necessary to conduct a thorough investigation including, but not limited to, time spent interviewing witnesses, writing the report of findings, and performing necessary P. O. Box 561, Wilton, CA 95693 916-261-7547 www.Solutions-MRG.com research. The time charged will also include the time MRG spends on telephone calls relating to your matter, including calls with witnesses, potential witnesses, or counsel representing any of the parties.
Costs. MRG may incur minor costs and expenses in performing services under this Agreement.
The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee. The costs and expenses commonly include transcripts, document production costs and travel expenses including mileage reimbursement at the current IRS rate ($0.56 per mile in 2021).
All costs and expenses will be charged at MRG's cost. MRG will invoice for all fees upon delivery of the final written report or two weeks after delivery of the draft report, whichever is sooner.
Compensation for Post-Investigative Work. The engagement shall be considered concluded after MRG has provided a final invoice for the investigation. After the conclusion of the engagement, should a need arise for MRG to respond to any subpoena, or to otherwise provide deposition or trial testimony about the matter, the City shall compensate MRG at its then applicable rates for time expended, including time involved in preparing for such deposition or testimony, or responding to any subpoena. I can be reached at 916-261-7547.
Sincerely,
Mary gun
Mary Egan
CEO/Managing Partner
MRG LLC
[email protected]
916-261-7547
_ Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical protessionals, 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.
riginal, signed certificates and original, separate policy endorsements, naming the City as an additional insure or 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' rofession (if required.
Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability 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 $2,000,000 per occurrence for bodily injury, personal injury and property (primary and excess limits
combined)
licy shall be endorsed to name the City of Richmond as an addition. sured per the conditions detailed beloi
Type 2 - Page 1 of 3
Revised: September 2011
_Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors & PROJECT COST REQUIRED LIMIT Omissions Liability - $0 - $1 million $1 milion p/o
$i million - $5 million $2 million p/o
Required for all professionals
Over $5 million $5 million_p/o
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
chesultants as may be required by
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 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
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form 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 by tre diy. At the option of the cary ether the surer shal reduce reved Retentions
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.
Type 2 - Page 2 of 3
Revised: September 2011
_ Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
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 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.
either CONTRAcTORS Or ade sud and racer to the Coit of intain the reared serene pierre re either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. 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 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
ny failure to comply with reporting or other provisions of the policies including breaches of warranties shall no ffect coverage provided to the City, its officers, officials, employees or volunteer:
Consistent with Public Policy
he insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceabl yi picy and us enforcessary so that the remaining terms and provisions herein may be consistent wit Type 2 - Page 3 of 3
Revised: September 2011