August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Abhijeet Babu Prasad to the Richmond Youth Council
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
April 16, 2024
STATEMENT OF THE
ISSUE:
Abhijeet Babu Prasad is reapplying to serve on the
Richmond Youth Council
RECOMMENDED ACTION: REAPPOINT Abhijeet Babu Prasad to the Richmond Youth Council, with a term that expires on October 1,
2025 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION:
Abhijeet Babu Prasad has served on the Richmond Youth Council since April 16, 2024, and is recommended for reappointment by Council staff in recognition of his active participation and contributions. A lifelong resident of Richmond and a high school student, Prasad brings energy, leadership, and a strong commitment to civic engagement.
His experience includes volunteering with Project Santa as a high school volunteer, participating in Youth Court, and serving as a personal tutor. He has earned a Black AGENDA
REPORT
991
August 19, 2025
Belt, received the Presidential Volunteer Service Award for completing 100 hours of service, and was elected Freshman Class President. Prasad’s continued service on the Youth Council will help ensure that the voices and perspectives of Richmond’s youth are well represented in community discussions and decision-making.
DOCUMENTS ATTACHED:
Attachment 1 – Abhijeet Babu Prasad’s redacted application. 992
r : ,~t - 1 I ! • • -~
PRINT FORM CLEAR FORM
Richmond Youth Council Application
Date of Application: Check one: New Appointmen~
02/04/2025
-
Re-Appointment; ~ Applicant Name:Abhijeet Babu Prasad
E-mail address:
Date of Birth: Age at date of application: 17 Years living in Richmond: 17 Home Address (Street Address, City, and Zip Code):
94803
Primary Phone: Secondary Phone (optional):
Name of School (if applicable):
Work Experience / Volunteer Experience:
Project Santa (Salesian Volunteer)
Youthcourt
Personal Tutor
Black Belt
Presidential Volunteer Service Award (100 hours)
Freshman Class President
Organizations, Honors, affiliations:
Youthcourt
Youthcourt
References (List Name, Address, Phone Number, and Email Address):
l)Kenneth Fahr,
2)Adrian Fulay,
3)Stephen Pezzola,
To the best of my knowledge the information provided is true and correct:
Date: 02--04- zori5
Submit to: City Clerk, 0 Civic Center Plaza, Richmond, CA 94804 OR Email to: [email protected] For Office Use Only. New· App01ntment D Reappointment 0 C 1st 02"" 03rd 993
August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Harlan Butt to the Recreation and Parks Commission
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Harlan Butt is applying for a vacant seat on the
Recreation and Parks Commission
RECOMMENDED ACTION: APPOINT Harlan Butt to the Recreation and Parks Commission, term expires October 26, 2026 – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Harlan Butt, a lifelong resident of Richmond and current high school sophomore, is seeking an appointment to serve on the Recreation and Parks Commission. Butt is interested in learning how the Commission operates and volunteering his time to positively impact the community. Butt hopes to contribute a younger perspective to the Commission’s work, with a focus on improving local parks and recreation opportunities.
Prior to applying, Harlan met with current Recreation and Parks Commissioners to better understand the responsibilities and time commitment involved in the role.
DOCUMENTS ATTACHED:
Attachment 1 – Harlan Butt’s redacted application
AGENDA
REPORT
994
··---•
BOARD OR COMMISSION APPLICATION FORM
DATE: 04/13/2025
Check one: New Appointment 0
Re-Appointment D
NAME OF BOARD OR COMMISSION: Recreation and Parks Commission -------------------------- NAME: Harlan Butt HOME ADDRESS:
ZIP CODE: 94801 HOME PHONE: WORK PHONE: -----
OCCUPATION: High School Student EMAIL ADDRESS:
HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: 16 years ------------ PLACE OF EMPLOYMENT:
RE AS ON S FOR INTEREST IN APPOINTMENT:
I would be interested in learning how the commission works, and how volunteering my time could have an impact. As a resident of Richmond my whole life I want to help improve our local parks and provide a younger perspective.
FRATERNAL AND/OR CIVIC ORGANIZATIONS:
none
EDUCATION:
Current sophomore at High School
REFERENCES (Minimum 5 - List Name, Address, Phone Number, and Email Address)
1. Tom Butt,
2_ Maryn Hurlbut,
3. Rosemary Corbin
4_ Susie Davis 209
5_ Eleanor Blue,
To the best of my knowledge the information provided is true and correct:
Signature
Deliver or Mail to: City Clerk
450 Civic Center Plaza
Richmond, CA 94804
For Office Use Only: New Appointment:
4/13/2025
Date
Or Email to: [email protected]
□ Reappointment: □ □ 1st □ 2nd □ 3rd
995
August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Crystal Barton to the Community Crisis Response Program Advisory Board
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Crystal Barton is applying to serve on the Community
Crisis Response Program Advisory Board
RECOMMENDED ACTION: APPOINT Crystal Barton to the Community Crisis Response Program Advisory Board, term expires
December 31, 2026 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION:
Crystal Barton is committed to ensuring that the work of the Community Crisis Response Program (CCRP) is closely aligned with the needs and values of Richmond residents. She believes CCRP plays a vital role in assisting community members during their most vulnerable moments, and she is eager to contribute her perspective, impact, and guidance to strengthen the program’s care for Richmond residents.
Barton currently serves as President of the Laurel Park Neighborhood Council and previously served on the Board of Directors for the Alameda County Management Employees Association. She holds a Bachelor of Arts in Psychology, providing a strong AGENDA
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August 19, 2025
foundation for understanding this program, which aims to support the needs of individuals in crisis.
DOCUMENTS ATTACHED:
Attachment 1 – Crystal Barton’s redacted application
997
998
August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Michael Warren to the Recreation and Parks Commission
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Michael Warren is applying to serve on the Recreation
and Parks Commission
RECOMMENDED ACTION: APPOINT Michael Warren to the Recreation and Parks Commission, term expires October 26, 2028 – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Michael Warren is a dedicated and active user of Richmond’s parks, bringing both personal and professional perspectives to the Recreation and Parks Commission. As the parent of a son with special needs, Warren approaches events and facilities with a keen awareness of accessibility and inclusivity, ensuring that public spaces can be enjoyed by all members of the community.
He has professional experience in city planning and outdoor playground manufacturing, offering valuable insight into the design, development, and maintenance of recreational spaces. Warren holds a Master of Science in Behavioral Science and a Bachelor of AGENDA
REPORT
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August 19, 2025
Science in Construction Management, providing a strong interdisciplinary foundation for his contributions to the Commission.
In addition to his professional and personal involvement with parks, Warren is an active member of the East Richmond Neighborhood Council, further demonstrating his commitment to civic engagement and community improvement.
DOCUMENTS ATTACHED:
Attachment 1 – Michael Warren’s redacted application
1000
-• ?O?S pop 20 F!' P· 0 n BOARD OR COMMISSION APPLICATION FORM\ - "•' .t.· u.J DATE: 04/21/2025
Check one: New Appointment 0
Re-Appointment D
NAME OF BOARD OR COMMISSION: Recreation and Parks ------------------------- NAME: Michael Warren HOME ADDRESS: -------------------------- ZIP CODE: 94805 HOME PHONE: ( WORK PHONE: _______ _ OCCUPATION: Creative Project Manager EMAIL ADDRESS:
HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: 7 years ------------ PLACE OF EMPLOYMENT: ---------------------- REASONS FOR INTEREST IN APPOINTMENT:
Very active parks user
Son is special needs, and I am always looking at events and places through his needs I lsed ta work io City Plaooiog
Used to v.iork in outdoor playground manufacturing
FRATERNAL AND/OR CIVIC ORGANIZATIONS:
East Richmond Neighborhood Council
EDUCATION:
M.Sc Behavioral Science
B.Sc Construction Management
REFERENCES (Minimum 5 - List Name, Address, Phone Number, and Email Address) 1 _Aaron Darden,
2_ Andrew Gustafson,
3_ Justin Baffico,
4 _ Art Jolly,
5_ Elaina Mastrilli,
Signature
Deliver or Mail to:
To the best of my knowledge the information provided is true and correct:
City Clerk
450 Civic Center Plaza
Richmond, CA 94804
04/21/20252
Date
Or Email to: [email protected]
For Office Use Only: New Appointment: □ Reappointment: □ 0 1st O 2nd O 3rd 1001
August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Abigail Yarng to the Richmond Youth Council
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Abigail Yarng is applying for a vacant seat on the
Richmond Youth Council
RECOMMENDED ACTION: APPOINT Abigail Yarng to the Richmond Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).
DISCUSSION:
Abigail Yarng is a high school student and long-time Richmond resident with a strong interest in serving the community through the Richmond Youth Council. She has demonstrated a commitment to public service through volunteer work and is also a member of the National Honor Society and KIWIN’S/Key Club.Her experience, community involvement, and passion for helping others make her a strong candidate for appointment to the Richmond Youth City Council.
DOCUMENTS ATTACHED:
Attachment 1 – Abigail Yarng’s redacted application
AGENDA
REPORT
1002
., .. ,. .. A
u
Richmond Youth Council Application
Date of Application: Check one: New Appointmentl{J
04/28/2025
Re-Appointment: n
Applicant Name:Abigail Yarng
E-mail address:
Date of Birth: Age at date of application: 16 Years living in Richmond: 16 Home Address (Street Address, City, and Zip Code):
94806
Primary Phone: Secondary Phone (optional):
Name of School (if applicable):
Work Experience / Volunteer Experience:
Volunteered to serve first responders at RPAL where I served food, cleaned facility, and took down equipment on March 21, 2025.Volunteered at Latino officer crab feed event on April 26, 2025 where I served salad, pasta and crabs to first responders.Volunteered with Youth Group at Yiu Mienh Baptist Church where I Organized and participated in fundraising events, including selling cookies, and scooping and selling ice cream, to support various activities.
Volunteer Teachers assistant, Sunday School Where I Assisted in teaching Sunday School classes at Yiu Mienh Baptist Church for children aged 6-10, and helped manage classroom activities and supported individual students learning and development through their spirituality.
Organizations, Honors, affiliations:
National Honors Societv
Kiwins/ Kev club international
Yiu Mienh Baptist Church
References (List Name, Address, Phone Number, and Email Address):
1) Emily Chao,
2) Selena Reyes,
3) Elizabeth Chao,
To the best of my knowledge the information provided is true and correct:
Signature: ~ Date: A ril 28 2025
Submit to,: c:C:::O: Center Plaza, Richmond, CA 94804 OR Email to: [email protected] For Office Use Only. New Appointment D Reappointment 0 D 1st 02nd 03rd 1003
August 19, 2025
Police Department
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
SUBJECT: Contract with Genasys, Inc. for Secured Messaging Services
FINANCIAL IMPACT: The proposed $10,000 expenditure is included in the approved Fiscal Year 2025-26 budget, and will be
budgeted accordingly in the subsequent fiscal year
(Account String: 01191021-400209).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The Police Department is requesting City Council
approval to contract with Genasys, Inc.
RECOMMENDED ACTION: APPROVE a three-year contract with Genasys, Inc. for secure messaging services, from July 1, 2025, to June
30, 2028, in an amount not to exceed $30,000, which
includes a $4,800 contingency to account for additional users added during the contract term – Police
Department (Chief Bisa French 510-621-1802).
.
AGENDA
REPORT
1004
August 19, 2025
DISCUSSION:
The Richmond Police Department needs a secured message platform to help facilitate internal information sharing. Secured messaging can be used during crisis situations for incident command to disseminate information, agency-wide messaging, team messaging, and direct messaging.
A Request for Proposal (RFP) was posted to PlanetBids from March 7, 2025, to March 28, 2025 (Attachment 1). 631 vendors were automatically notified of this posting, and three responsive bids were received at the time of closing (Attachment 2).
Bidder Bid Amount Evaluation (200 Possible Points)
Genasys, Inc. $25,000/3 Years 195
eCourtDate $36,360/3 Years 100
Aliends >$500k/3 Years 0 - Not evaluated
The responsive bid received by Genasys, Inc. complied with all specifications required within the RFP, proposed the lowest contract amount, and received the highest rating during the proposal reviews (Attachments 3 and 4). The responsive proposal received from Aliends was not considered because the proposed contract amount was over $500,000 for a 3-year contract.
Based on the responsive bid received, City staff recommend a contract with Genasys, Inc., for secured messaging services as outlined in their responsive bid (Attachment 5).
DOCUMENTS ATTACHED:
Attachment 1 – Request for Proposal
Attachment 2 – PlanetBids Summary
Attachment 3 – Genasys Proposal
Attachment 4 – Proposal Evaluations
Attachment 5 – Original Contract
1005
REQUEST FOR PROPOSAL
Secure Messaging Platform
Issued: March 10, 2025
Deadline for Submittal: March 28, 2025, 5:00PM
The City of Richmond administers grant funds from various local, state, and Federal sources. All grant-funded expenditures shall comply with the terms and conditions of the grant and the applicable Federal, State, and Local requirements for such expenditures.
Contracts awarded under this solicitation shall/may be funded, in whole or in part, with Federal grant funding. All Federal grant awards are subject to Uniform Administrative Requirements and Cost Principles, codified in 2 CFR 200. See 2 CFR 200 Appendix II.
ATTACHMENT 2
1006
INTRODUCTION
The City of Richmond’s Police Department wants to use software as a service that can provide secure messaging services (SaaS) that are compatible with Windows and Mac based operating system and mobile device platform (iOS and Android).
The SaaS must be in full compliance with CJIS Security Poilicy 5.9.5 and should meet the following minimum requirements:
• Customize retention period that can be configured and audited by authorized department personnel.
• Ability to run usage and audit reports, including but not limited to user login, screen shot capture, deleted post/messaging, etc.
• Mass push notification of messages.
• Ability to set up multiple secured groups (i.e., a chat room) for specific authorized users.
• Notification “toaster” pop up (Windows/Mac based operating system) and in-app notification for mobile devices (if possible)
PROPOSAL GUIDELINES
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project.
A. Vendor Cover Letter
The cover letter should provide a brief introduction to the company, background, services, confirm that all elements of the RFP have been reviewed and understood, review and understand the City’s insurance requirements and related contracts, ordinances, business licenses, etc. The Cover Letter should be signed by an authorized representative of the company with their contact information (email, work/cell number, corporate or regional address, etc.) B. Software Solution
The vendor solution should meet or exceed the functionality as described in the Project Background Section, proof of software solution (i.e., ability to access a demo site, trial period, etc.). The vendor that best meets the department requirements will be invited for an in-depth demo (remote or in person).
C. Requirements
In addition, the proposed solution should include the minimum requirements for the services below:
a. Software solution is operated and managed onshore (no offshore support or development allowed)
b. Data that is stored in the cloud (Amazon Web Services or Microsoft Azure) stored in a manner that meets or exceeds CJIS requirements. c. Multi-factor authentication.
d. ISO 27001, Fed Ramp or SOX 2 certification preferred (but not required) D. Cost Information
Provide a comprehensive fee schedule for all the services the Respondent 1007
will provide to the Police Department (i.e., per user cost, site license, etc.). All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal. Pricing should include any annual price increase. The anticipate duration of this service is 3 years.
Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the Police Department.
E. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
F. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
G. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and subconsultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with City of Richmond’s interests.
Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
H. Sanctuary City Contracting and Investment Ordinance 12-18NS_2018 The City of Richmond’s Sanctuary Contracting Ordinance certification requires the City to refrain from doing business with vendors who provide Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). If the Department decides to award the bid to a vendor that is unable to comply with this ordinance, the Department may ask the City Council for an exemption. 1008
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal which will not be answered.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by March 21, 2025, 5:00PM. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.
Answers to questions received will be provided on the Q&A tab. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
No party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, and to download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
The proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit to the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure our contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the decline. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
1009
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP have become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, (Type 8). The required insurance certificates must comply with all requirements of the standards as shown and must be provided and approved by Risk Management prior to City Attorney Review. No work or services will be allowed without a valid and approved insurance on file.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter
2.65), which are incorporated into the Contract Documents by this reference.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion 1010
to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with our requirements do not meet minimum content and quality standards or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made. Overall responsiveness to the RFP is an important factor in the evaluation process.
In general, the criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:
Experience/Past Performance/References – 10%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in providing similar services.
User Acceptance – 75%
This category will evaluate the respondent’s overall usefulness, user acceptance (ease of use), system layout, accuracy of data, system uptime, meet or exceed current software used by the Police Department.
Cost Proposal – 15%
After the proposals are opened, but prior to the award, the City may elect to conduct 1011
negotiations with the highest ranked proposal respondents for purposes of:
Selection will be made based on proposal received but after an in-depth presentations/proof of concept etc.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision. 1012
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
ATTACHMENT 3
1013
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1014
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1015
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1016
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1017
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1018
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1019
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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PlanetBids
1020
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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PlanetBids
1021
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1022
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1023
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1024
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1025
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1026
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1027
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1028
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1029
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1030
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1031
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1032
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1033
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1034
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1035
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1036
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1037
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1038
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1039
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1040
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1041
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1042
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1043
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1044
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1045
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1046
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1047
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1048
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1049
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1050
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1051
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1052
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1053
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1054
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1055
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1056
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1057
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1058
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1059
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1060
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1061
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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PlanetBids
1062
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1063
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1064
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1065
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1066
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1067
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1068
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1069
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1070
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1071
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1072
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1073
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1074
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1075
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1076
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1077
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1078
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1079
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1080
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1081
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1082
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
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1083
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1084
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
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1085
City of Richmond
Secure Messaging Platform, bidding on 03/28/2025 5:00 PM (PDT)
Printed 04/14/2025
PlanetBids
1086
March 28, 2025
Genasys Proposal for
The City of Richmond’s
Police Department
Request for Proposal for
A Secure Messaging Platform
TITLE: Secure Messaging Platform
DUE: March 28, 2025, 5:00PM
SUBMITTED TO:
The City of Richmond
City of Richmond's BidsOnline system
www.ci.richmond.ca.us
SUBMITTED BY:
Philip Prins (Primary Contact)
Senior Account Executive
Genasys, Inc
16262 West Bernardo Drive
San Diego, CA 92127
Phone: 1 (203) 644-3073
Email: [email protected]
ATTACHMENT 4
1087
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
PROPRIETARY INFORMATION
This proposal contains proprietary technical data and business-sensitive cost and pricing information, submitted by Genasys Inc. exclusively for the RFP evaluation only. Disclosure, dissemination, distribution, copying, or any other unauthorized use of this document or its contents is expressly prohibited without prior written consent from Genasys Inc.
This submission includes sensitive customer information, which, at customers’ discretion, is available solely for RFP evaluation and is not intended for competitor review. Unauthorized access by competitors has, in the past, led to improper use, accusations, and project award protests, resulting in unnecessary disruptions to the evaluation process. The included technical documentation is representative of Genasys’ performance and response capabilities and is provided strictly for this evaluation.
As a publicly traded entity, Genasys Inc. has provided sensitive, non-public information regarding customer relationships, product development roadmaps, and proprietary technical advantages.
Unauthorized release of such information could influence investor actions and violate U.S. Securities and Exchange Commission (SEC) regulations, given the potential impact on market-sensitive disclosures.
1088
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Table of Contents
A. Vendor Cover Letter .............................................................................................................................................. 4 B. Software Solution .................................................................................................................................................... 6 C. Requirements........................................................................................................................................................... 9 D. Cost Information ................................................................................................................................................... 10 E. Contractor Assignment of Sub-Contract ....................................................................................................... 12 F. Exceptions to this Request for Proposals........................................................................................................ 12 G. Statement of Impartiality and Disclosure....................................................................................................... 15 H. Sanctuary City Contracting and Investment Ordinance 12-18NS_2018 .............................................. 15 I. Genasys, Inc. W-9 ................................................................................................................................................ 16 1089
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
A. Vendor Cover Letter
Thank you for the opportunity to submit this bid for the City of Richmond. Genasys Protect CONNECT (formerly Evertel) provides secure, real-time communication and collaboration, meeting the strictest requirements of public safety agencies, hospitals, financial services, and secure business communications. With security at its core, CONNECT ensures the integrity and reliability of every message, offering a robust platform for both internal and external collaboration. Its speed enables the secure exchange of sensitive information, supporting swift decision-making and cross-agency coordination. CONNECT empowers professionals to form ad-hoc groups for one-off incidents or maintain long-term teams, ensuring continuous, secure communication. The platform meets HIPAA, CJIS, and record retention requirements, allowing agencies and personnel to communicate with complete confidence.
Our solution is a secure, encrypted communication platform specifically designed for law enforcement and public safety personnel. It is accessible across multiple formats, including a mobile app (Android and iOS/iPad) and a desktop version (desktop/laptop/vehicle MDC/MDT). A single account enables seamless access across all platforms, ensuring uninterrupted communication during crises and emergencies. As a cloud-based SaaS solution, CONNECT requires no additional equipment for deployment and can be operational within minutes. All data is securely stored within the agency’s encrypted AWS GovCloud account and individual user accounts within the agency’s platform.
CONNECT was developed through a collaboration between a retired Chief of Police and experienced technology entrepreneurs. During extensive consulting in over 40 states and six countries, our law enforcement co-founder uncovered a widespread issue: 90-95% of officers and employees relied on non-compliant consumer apps for official communications, creating serious security and legal risks. CONNECT was designed to eliminate these risks by offering a purpose-built, compliant solution tailored to the needs of public safety professionals.
With expertise in secure, encrypted data transmission and compliance-driven communications, CONNECT provides seamless, secure, and compliant collaboration across organizations. Key features include:
Daily Stakeholder Communication
Unify your organization and facilitate smooth collaboration with external organizations through real-time communication.
Quick Decision-Making
Enable rapid collaboration, allowing professionals to exchange information, make critical decisions, and respond to events quickly.
Crisis Ready
Key stakeholders will be ready to quickly respond in any crisis through instant communication and a direct connection to law enforcement 24/7.
Full Compliance
Drive compliance, including CJIS, FOIA, and HIPAA, with record retention policies so your agencies or personnel can communicate in confidence.
1090
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Built-in Security
Ensure the integrity and dependability of every message. Secure sensitive information with end-to-end, military-grade encryption, stored in a government-use-only cloud solution.
Vetted Access
Designed for public safety, Genasys Protect CONNECT features robust access management to prevent critical communications from being intercepted.
Genasys Inc. (NASDAQ: GNSS) is the global leader in Protective Communications solutions, ensuring private organizations and public safety agencies are “Ready when it matters™.” The company provides the Genasys Protect platform, the most comprehensive portfolio of software and hardware solutions for preparedness, response, and communications. Additionally, Genasys Long Range Acoustic Devices (LRAD®) provide directed, audible voice messages with intelligible vocal clarity from close range to 5,500 meters.
Genasys serves state and local governmental agencies and education (SLED), enterprise organizations in critical sectors such as oil and gas, utilities, manufacturing, and automotive, as well as federal governments and the military. Genasys Protective Communications Solutions have diverse applications, including real-time collaboration and emergency notification for public safety, critical event management for enterprise companies, de-escalation for defense and law enforcement, and automated detection of real-time threats like active shooters and severe weather. Today, Genasys protects over 70 million people globally and is used in more than 100 countries, including more than 500 cities, counties, and states in the U.S.
Genasys has thoroughly reviewed and understands all elements of the RFP, including the City’s insurance requirements, related contracts, ordinances, and business licensing obligations. We are fully prepared to comply with these requirements and deliver a solution that enhances the City of Richmond’s safety and operational effectiveness.
We look forward to the opportunity to bring our proven, secure communication platform to the City of Richmond and support its mission to enhance safety and operational effectiveness.
Sincerely,
Philip Prins (Primary Contact)
Senior Account Executive
Genasys, Inc
16262 West Bernardo Drive
San Diego, CA 92127
Phone: 1 (203) 644-3073
Email: [email protected]
1091
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
B. Software Solution
The vendor solution should meet or exceed the functionality as described in the Project Background Section, proof of software solution (i.e., ability to access a demo site, trial period, etc.). The vendor that best meets the department requirements will be invited for an in-depth demo (remote or in person).
Solution Compliance and Demonstration
Genasys Protect CONNECT fully meets and exceeds the capabilities and specification requirements outlined in the City of Richmond’s Request for Proposal for a Secure Messaging Platform.
RFP Requirements: Genasys Compliance:
The SaaS must be in full compliance with CJIS Security Policy 5.9.5 and should meet the following minimum requirements:
Yes
• Customize retention period that can be configured and audited by authorized department personnel.
Yes
• Ability to run usage and audit reports, including but not limited to user login, screen shot capture, deleted post/messaging, etc.
Yes
• Mass push notification of messages. Yes
• Ability to set up multiple secured groups (i.e., a chat room) for specific authorized users.
Yes
• Notification “toaster” pop up (Windows/Mac based operating system) and in-app notification for mobile devices (if possible) Yes
Genasys Protect CONNECT supports compliance with public records archiving per state law and city code, as well as federal law (FOIA) and HIPAA. CONNECT provides an auditing feature that is legally defensible for litigation holds and e-discovery.
Genasys Protect CONNECT compliance
Genasys CONNECT is the premier secure collaboration tool, offering instant, real-time communication similar to text messaging but with advanced capabilities designed specifically for public safety. It enables seamless, secure intelligence sharing across agencies through chat rooms, ensuring that all personnel are on the same page with real-time updates. Built to enhance operational efficiency, CONNECT eliminates unnecessary radio chatter and endless email chains, providing agencies with a centralized, transparent platform for coordination and response. 1092
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Genasys CONNECT cross-agency secure collaboration solution CONNECT meets all posted requirements for CJIS compliance and has submitted compliance with the FBI/Department of Justice CJIS mandates. It is the most cost-efficient solution for all levels of government, significantly reducing storage costs through long-term, unlimited cloud-based data storage. The platform supports citywide search efficiency, integrating social media, text messages, and web pages into a single, enterprise-wide system. Its built-in auditing service ensures uniformity and consistency in public records searches, streamlining compliance and response times.
CONNECT has a proven track record of reducing the
time required for searching, gathering, sorting, and
responding to public records requests from hours or
days to mere minutes. This efficiency dramatically
lowers operational costs, eliminates the need for
excessive storage, and enhances agency
responsiveness. Furthermore, audit results are securely stored and can be shared electronically, minimizing
printing expenses.
As a cloud-hosted solution, CONNECT requires minimal
installation and does not store data on individual
devices, ensuring security and compliance. Its
advanced tools and smart search functions allow
agencies to locate critical intelligence while mitigating the risk of litigation or fines due to non-compliance with public records requirements.
1093
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Specific services within the CONNECT platform that can be demonstrated virtually include:
• Agency-wide messaging: Instantly share information with all employees in half a second. • Team messaging: Group messaging controlled by supervisors and assigned by the agency. • Unlimited ‘Guest’ Access: Agencies can add as many guests as needed at no additional cost. • Direct Messaging: Military-grade encrypted messaging service replacing SMS/text messaging. • Documents/Bulletins/BOLOs: Law enforcement can create and distribute crime bulletins from any device, at any location, and immediately share internally or regionally with other agencies.
• Regional Collaboration: Share information with as many neighboring agencies/employees as needed at no charge. This is the fastest way to enhance cross-agency coordination and reduce crime.
• Incident Command: During crises/emergencies, open all communications to a region as large as needed (radius-based, state-by-state, multi-state, or national collaboration). • Statewide Staging: Free staging platform for all public safety employees to register, train, and stage for any information-sharing or crisis deployments. • Open Connectivity: Locate and connect with other CONNECT users globally (subject to approval by the receiving user).
• Full Auditing by Executives: Audit all communications within 10-15 seconds, providing comprehensive data reports.
• Unlimited Data Sharing: No fees for the volume of data shared within CONNECT. • Unlimited Data Storage: No limits on the amount of data stored in the agency’s cloud account.
• No Cloud Storage Limits or Fees: No hidden fees or additional expenses related to cloud storage.
We welcome the opportunity to provide the City of Richmond with access to a demo site, trial period, or in-depth demonstration (remote or in-person) to showcase CONNECT’s capabilities in meeting and exceeding the city’s Secure Messaging Platform requirements. 1094
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
C. Requirements
In addition, the proposed solution should include the minimum requirements for the services below:
a. Software solution is operated and managed onshore (no offshore support or development allowed)
Genasys confirms that our software solution operates exclusively within the United States on AWS GovCloud. All services, including support and development, are managed entirely by Genasys employees. This ensures compliance with stringent security, privacy, and regulatory requirements, reinforcing our commitment to providing secure and reliable solutions for public safety and government agencies.
b. Data that is stored in the cloud (Amazon Web Services or Microsoft Azure) stored in a manner that meets or exceeds CJIS requirements.
Genasys ensures that all data stored in the cloud on AWS GovCloud is managed in full compliance with CJIS requirements. Our storage and security protocols meet or exceed all CJIS standards, providing the highest level of protection for sensitive law enforcement data.
Our platform is designed to maintain the integrity, confidentiality, and availability of stored information while adhering to strict regulatory guidelines. c. Multi-factor authentication.
The Genasys platform features robust access management, including two-factor authentication and detailed access logs, aligning with NIST's access control and auditability guidelines. User authentication is managed through Auth0/Okta, with automatic account lockout after 10 failed login attempts to enhance security. d. ISO 27001, Fed Ramp or SOX 2 certification preferred (but not required) Genasys has implemented a rigorous system hardening process in compliance with ISO 27001 standards. Additionally, Genasys undergoes a SOC 2 Type II audit by an independent thirdparty firm to ensure comprehensive security and customer protection. The underlying AWS infrastructure supporting Genasys meets a wide range of audit and security standards, including SOC 1, SOC 2, PCI-DSS, and the EU-US Privacy Shield framework. 1095
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
D. Cost Information
Provide a comprehensive fee schedule for all the services the Respondent will provide to the Police Department (i.e., per user cost, site license, etc.). All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal. Pricing should include any annual price increase. The anticipated duration of this service is 3 years.
Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the Police Department. 1096
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized. 1097
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
E. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
Genasys confirms that all services under the resulting contract will be provided directly by Genasys, and we will not be subcontracting any portion of the work. Furthermore, the resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department.
F. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
Genasys exceptions are stated on the following pages.
1. Attachment 1 (City of Richmond Standard Contract, hereafter “Attachment 1”), Exhibit B, Section 3(a).
Revise: revise payment terms from net 45 to net 30 to align with Contractor’s standard payment terms.
2. Attachment 1, Exhibit D, Section 2. Request the addition of the following language at the end of this paragraph to be clear that Contractor is not liable for delays causes solely by the City.
Add: “Notwithstanding the foregoing, Contractor shall not be responsible for delays caused solely by the action or inaction of City or its agents.”
3. Attachment 1, Exhibit D, Section 6. This section implies on-going services and custom development work to be done by Contractor. Deletion of this Section in its entirety to clarify Contractor’s ownership interests in its proprietary software and services. 1098
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.”
4. Attachment 1, Exhibit D, Section 7. Contractor requests revision of this section to narrowly tailor the scope to align with a Software as a Service offering.
Revise: Delete Section in its entirety and replace with the following:
a. Contractor shall maintain complete and accurate records with respect to the fees charged to the City under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles. To the extent required by applicable law, rule or regulation, once per calendar year, Contractor shall provide 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 related to this Contract for the sole purpose of verifying the accuracy of invoicing under this Contract and/or Contractor’s compliance with its confidentiality and obligations hereunder. All Records examined or obtained in connection with an audit shall constitute Contractor’s proprietary information and may only be used for the purpose described above. Notwithstanding the foregoing, City shall not be entitled to examine any legally privileged or highly sensitive information of Contractor, such as budgeting models and methodologies, information about compensation to employees and contractors, trade secrets, and information belonging to third parties which Contractor is required to keep confidential.
Such Records shall be maintained by Contractor for a period of two (2) years after receipt of final payment.”
5. Attachment 1, Exhibit D, Section 9(a). Pricing is based on a set term of multiple years.
Termination of convenience is not applicable to this subscription offering. Contractor requests removal of this section in its entirety.
6. Attachment 1, Exhibit D, Section 9(b). This should be a mutual termination right. If the City is in breach, Contractor should be afforded the same right to terminate and both parties should have a reasonable opportunity to cure. Contractor requests revision of this section in its entirety.
Revise: “Either party will have the right to terminate this Contract for default at any time, upon written notice, in the event of any material breach of this Contract by the other party, subject to thirty (30) days prior written notice and opportunity to cure such breach. Contractor shall be compensated as provided in Exhibit B for all amounts due and owing up to the date of termination. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.”
7. Attachment 1, Exhibit D Section 11. The indemnity proposed by the City is too broad for a SaaS offering with no on-site services. Contractor requests that the parties start negotiations with Contractor’s standard language referenced in Exhibit E.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.” 1099
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
8. Attachment 1, Exhibit D Section 12. Contractor requests revision of this section to add language to state that approval of any assignment under this Contract will not unreasonably withheld.
Revise: Add the following qualifier to the end of the last sentence in 12(a) and the first sentence of 12(b): “which will not unreasonably withheld.”
9. Attachment 1, Exhibit D Section 17. Given that Contractor is providing access to its proprietary software and incorporating terms regarding the use thereof into the Contract, all provisions should hold equal weight regardless of the drafting party. Accordingly, Contractor requests deletion of the last sentence of this paragraph in its entirety.
10. Attachment 1, Exhibit D Section 22. This section implies the delivery of tangible goods, not an off the shelf Software as a Service product. Contractor requests deletion of this Section in its entirety to clarify Contractor’s ownership interests in its proprietary software and services. The Contractor requests the City review the standard warranties provided to all similarly situated customers as is detailed in Exhibit E.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.”
11. Attachment 1, Exhibit D Section 25. Contractor requests the waiver provision be mutual.
Revise: “The waiver by a party 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 a party from its obligation to fulfill this Contract as prescribed; nor shall a party 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.”
12. Attachment 1, Exhibit E. The following shall be added to Exhibit E. “Contractor’s Master Subscription Agreement located at: is hereby incorporated herein by reference into this Agreement. https://genasys.com/saas-services-agreement/”
13. Attachment 1, Exhibit F, Section 1. Contractor requests removal of the statement listed in Section 1 and any reference thereto. Per its insurance policies, Contractor can agree to the following contractual statement, but cannot agree to have such language on its certificates.
Revise: Remove any reference to statements on the certificate and replace with the following sentence to be included in the Contract only: “Acting in good faith, Contractor shall endeavor to provide thirty (30) days’ advance written notice to the City of Richmond, Attention: Risk Manager should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof.”
14. Attachment 1, Exhibit F, Section 1. Per Contractor’s carrier, endorsements must are not able to revised and must “speak for themselves,” therefore, Contractor cannot add any parties to its endorsements, only to the certificate of insurance. Contractor requests removals of the last sentence of this Section.
1100
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
G. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
To Genasys’ knowledge, each of Genasys and of its sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with City of Richmond’s interests H. Sanctuary City Contracting and Investment Ordinance 12- 18NS_2018
The City of Richmond’s Sanctuary Contracting Ordinance certification requires the City to refrain from doing business with vendors who provide Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). If the Department decides to award the bid to a vendor that is unable to comply with this ordinance, the Department may ask the City Council for an exemption
Genasys confirms that we fully comply with the ordinance and do not provide Data Broker or Extreme Vetting services to U.S. Immigration and Customs Enforcement (ICE) 1101
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
I. Genasys, Inc. W-9
1102
ATTACHMENT 5
1103
1104
1105
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.
Police Donald Patchin
[email protected] (510) 620-6942
PENDING PENDING
Provide secured messaging platform and support.
Genasys, Inc.
16262 West Bernardo Drive
San Diego, CA 92127
Philip Prins
(203) 644-3073 [email protected]
PENDING
July 1, 2025
June 30, 2028
30,000.00
ATTACHMENT 1
1106
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
Genasys, Inc.
1107
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]:
Genasys, Inc.
PENDING
Provide secured messaging platform and support as outlined in the Proposal, dated March 28, 2025, incorporated and attached herein.
1108
March 28, 2025
Genasys Proposal for
The City of Richmond’s
Police Department
Request for Proposal for
A Secure Messaging Platform
TITLE: Secure Messaging Platform
DUE: March 28, 2025, 5:00PM
SUBMITTED TO:
The City of Richmond
City of Richmond's BidsOnline system
www.ci.richmond.ca.us
SUBMITTED BY:
Philip Prins (Primary Contact)
Senior Account Executive
Genasys, Inc
16262 West Bernardo Drive
San Diego, CA 92127
Phone: 1 (203) 644-3073
Email: [email protected]
ATTACHMENT 4
1109
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
PROPRIETARY INFORMATION
This proposal contains proprietary technical data and business-sensitive cost and pricing information, submitted by Genasys Inc. exclusively for the RFP evaluation only. Disclosure, dissemination, distribution, copying, or any other unauthorized use of this document or its contents is expressly prohibited without prior written consent from Genasys Inc.
This submission includes sensitive customer information, which, at customers’ discretion, is available solely for RFP evaluation and is not intended for competitor review. Unauthorized access by competitors has, in the past, led to improper use, accusations, and project award protests, resulting in unnecessary disruptions to the evaluation process. The included technical documentation is representative of Genasys’ performance and response capabilities and is provided strictly for this evaluation.
As a publicly traded entity, Genasys Inc. has provided sensitive, non-public information regarding customer relationships, product development roadmaps, and proprietary technical advantages.
Unauthorized release of such information could influence investor actions and violate U.S. Securities and Exchange Commission (SEC) regulations, given the potential impact on market-sensitive disclosures.
1110
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Table of Contents
A. Vendor Cover Letter .............................................................................................................................................. 4 B. Software Solution .................................................................................................................................................... 6 C. Requirements........................................................................................................................................................... 9 D. Cost Information ................................................................................................................................................... 10 E. Contractor Assignment of Sub-Contract ....................................................................................................... 12 F. Exceptions to this Request for Proposals........................................................................................................ 12 G. Statement of Impartiality and Disclosure....................................................................................................... 15 H. Sanctuary City Contracting and Investment Ordinance 12-18NS_2018 .............................................. 15 I. Genasys, Inc. W-9 ................................................................................................................................................ 16 1111
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
A. Vendor Cover Letter
Thank you for the opportunity to submit this bid for the City of Richmond. Genasys Protect CONNECT (formerly Evertel) provides secure, real-time communication and collaboration, meeting the strictest requirements of public safety agencies, hospitals, financial services, and secure business communications. With security at its core, CONNECT ensures the integrity and reliability of every message, offering a robust platform for both internal and external collaboration. Its speed enables the secure exchange of sensitive information, supporting swift decision-making and cross-agency coordination. CONNECT empowers professionals to form ad-hoc groups for one-off incidents or maintain long-term teams, ensuring continuous, secure communication. The platform meets HIPAA, CJIS, and record retention requirements, allowing agencies and personnel to communicate with complete confidence.
Our solution is a secure, encrypted communication platform specifically designed for law enforcement and public safety personnel. It is accessible across multiple formats, including a mobile app (Android and iOS/iPad) and a desktop version (desktop/laptop/vehicle MDC/MDT). A single account enables seamless access across all platforms, ensuring uninterrupted communication during crises and emergencies. As a cloud-based SaaS solution, CONNECT requires no additional equipment for deployment and can be operational within minutes. All data is securely stored within the agency’s encrypted AWS GovCloud account and individual user accounts within the agency’s platform.
CONNECT was developed through a collaboration between a retired Chief of Police and experienced technology entrepreneurs. During extensive consulting in over 40 states and six countries, our law enforcement co-founder uncovered a widespread issue: 90-95% of officers and employees relied on non-compliant consumer apps for official communications, creating serious security and legal risks. CONNECT was designed to eliminate these risks by offering a purpose-built, compliant solution tailored to the needs of public safety professionals.
With expertise in secure, encrypted data transmission and compliance-driven communications, CONNECT provides seamless, secure, and compliant collaboration across organizations. Key features include:
Daily Stakeholder Communication
Unify your organization and facilitate smooth collaboration with external organizations through real-time communication.
Quick Decision-Making
Enable rapid collaboration, allowing professionals to exchange information, make critical decisions, and respond to events quickly.
Crisis Ready
Key stakeholders will be ready to quickly respond in any crisis through instant communication and a direct connection to law enforcement 24/7.
Full Compliance
Drive compliance, including CJIS, FOIA, and HIPAA, with record retention policies so your agencies or personnel can communicate in confidence.
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Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Built-in Security
Ensure the integrity and dependability of every message. Secure sensitive information with end-to-end, military-grade encryption, stored in a government-use-only cloud solution.
Vetted Access
Designed for public safety, Genasys Protect CONNECT features robust access management to prevent critical communications from being intercepted.
Genasys Inc. (NASDAQ: GNSS) is the global leader in Protective Communications solutions, ensuring private organizations and public safety agencies are “Ready when it matters™.” The company provides the Genasys Protect platform, the most comprehensive portfolio of software and hardware solutions for preparedness, response, and communications. Additionally, Genasys Long Range Acoustic Devices (LRAD®) provide directed, audible voice messages with intelligible vocal clarity from close range to 5,500 meters.
Genasys serves state and local governmental agencies and education (SLED), enterprise organizations in critical sectors such as oil and gas, utilities, manufacturing, and automotive, as well as federal governments and the military. Genasys Protective Communications Solutions have diverse applications, including real-time collaboration and emergency notification for public safety, critical event management for enterprise companies, de-escalation for defense and law enforcement, and automated detection of real-time threats like active shooters and severe weather. Today, Genasys protects over 70 million people globally and is used in more than 100 countries, including more than 500 cities, counties, and states in the U.S.
Genasys has thoroughly reviewed and understands all elements of the RFP, including the City’s insurance requirements, related contracts, ordinances, and business licensing obligations. We are fully prepared to comply with these requirements and deliver a solution that enhances the City of Richmond’s safety and operational effectiveness.
We look forward to the opportunity to bring our proven, secure communication platform to the City of Richmond and support its mission to enhance safety and operational effectiveness.
Sincerely,
Philip Prins (Primary Contact)
Senior Account Executive
Genasys, Inc
16262 West Bernardo Drive
San Diego, CA 92127
Phone: 1 (203) 644-3073
Email: [email protected]
1113
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
B. Software Solution
The vendor solution should meet or exceed the functionality as described in the Project Background Section, proof of software solution (i.e., ability to access a demo site, trial period, etc.). The vendor that best meets the department requirements will be invited for an in-depth demo (remote or in person).
Solution Compliance and Demonstration
Genasys Protect CONNECT fully meets and exceeds the capabilities and specification requirements outlined in the City of Richmond’s Request for Proposal for a Secure Messaging Platform.
RFP Requirements: Genasys Compliance:
The SaaS must be in full compliance with CJIS Security Policy 5.9.5 and should meet the following minimum requirements:
Yes
• Customize retention period that can be configured and audited by authorized department personnel.
Yes
• Ability to run usage and audit reports, including but not limited to user login, screen shot capture, deleted post/messaging, etc.
Yes
• Mass push notification of messages. Yes
• Ability to set up multiple secured groups (i.e., a chat room) for specific authorized users.
Yes
• Notification “toaster” pop up (Windows/Mac based operating system) and in-app notification for mobile devices (if possible) Yes
Genasys Protect CONNECT supports compliance with public records archiving per state law and city code, as well as federal law (FOIA) and HIPAA. CONNECT provides an auditing feature that is legally defensible for litigation holds and e-discovery.
Genasys Protect CONNECT compliance
Genasys CONNECT is the premier secure collaboration tool, offering instant, real-time communication similar to text messaging but with advanced capabilities designed specifically for public safety. It enables seamless, secure intelligence sharing across agencies through chat rooms, ensuring that all personnel are on the same page with real-time updates. Built to enhance operational efficiency, CONNECT eliminates unnecessary radio chatter and endless email chains, providing agencies with a centralized, transparent platform for coordination and response. 1114
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Genasys CONNECT cross-agency secure collaboration solution CONNECT meets all posted requirements for CJIS compliance and has submitted compliance with the FBI/Department of Justice CJIS mandates. It is the most cost-efficient solution for all levels of government, significantly reducing storage costs through long-term, unlimited cloud-based data storage. The platform supports citywide search efficiency, integrating social media, text messages, and web pages into a single, enterprise-wide system. Its built-in auditing service ensures uniformity and consistency in public records searches, streamlining compliance and response times.
CONNECT has a proven track record of reducing the
time required for searching, gathering, sorting, and
responding to public records requests from hours or
days to mere minutes. This efficiency dramatically
lowers operational costs, eliminates the need for
excessive storage, and enhances agency
responsiveness. Furthermore, audit results are securely stored and can be shared electronically, minimizing
printing expenses.
As a cloud-hosted solution, CONNECT requires minimal
installation and does not store data on individual
devices, ensuring security and compliance. Its
advanced tools and smart search functions allow
agencies to locate critical intelligence while mitigating the risk of litigation or fines due to non-compliance with public records requirements.
1115
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Specific services within the CONNECT platform that can be demonstrated virtually include:
• Agency-wide messaging: Instantly share information with all employees in half a second. • Team messaging: Group messaging controlled by supervisors and assigned by the agency. • Unlimited ‘Guest’ Access: Agencies can add as many guests as needed at no additional cost. • Direct Messaging: Military-grade encrypted messaging service replacing SMS/text messaging. • Documents/Bulletins/BOLOs: Law enforcement can create and distribute crime bulletins from any device, at any location, and immediately share internally or regionally with other agencies.
• Regional Collaboration: Share information with as many neighboring agencies/employees as needed at no charge. This is the fastest way to enhance cross-agency coordination and reduce crime.
• Incident Command: During crises/emergencies, open all communications to a region as large as needed (radius-based, state-by-state, multi-state, or national collaboration). • Statewide Staging: Free staging platform for all public safety employees to register, train, and stage for any information-sharing or crisis deployments. • Open Connectivity: Locate and connect with other CONNECT users globally (subject to approval by the receiving user).
• Full Auditing by Executives: Audit all communications within 10-15 seconds, providing comprehensive data reports.
• Unlimited Data Sharing: No fees for the volume of data shared within CONNECT. • Unlimited Data Storage: No limits on the amount of data stored in the agency’s cloud account.
• No Cloud Storage Limits or Fees: No hidden fees or additional expenses related to cloud storage.
We welcome the opportunity to provide the City of Richmond with access to a demo site, trial period, or in-depth demonstration (remote or in-person) to showcase CONNECT’s capabilities in meeting and exceeding the city’s Secure Messaging Platform requirements. 1116
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
C. Requirements
In addition, the proposed solution should include the minimum requirements for the services below:
a. Software solution is operated and managed onshore (no offshore support or development allowed)
Genasys confirms that our software solution operates exclusively within the United States on AWS GovCloud. All services, including support and development, are managed entirely by Genasys employees. This ensures compliance with stringent security, privacy, and regulatory requirements, reinforcing our commitment to providing secure and reliable solutions for public safety and government agencies.
b. Data that is stored in the cloud (Amazon Web Services or Microsoft Azure) stored in a manner that meets or exceeds CJIS requirements.
Genasys ensures that all data stored in the cloud on AWS GovCloud is managed in full compliance with CJIS requirements. Our storage and security protocols meet or exceed all CJIS standards, providing the highest level of protection for sensitive law enforcement data.
Our platform is designed to maintain the integrity, confidentiality, and availability of stored information while adhering to strict regulatory guidelines. c. Multi-factor authentication.
The Genasys platform features robust access management, including two-factor authentication and detailed access logs, aligning with NIST's access control and auditability guidelines. User authentication is managed through Auth0/Okta, with automatic account lockout after 10 failed login attempts to enhance security. d. ISO 27001, Fed Ramp or SOX 2 certification preferred (but not required) Genasys has implemented a rigorous system hardening process in compliance with ISO 27001 standards. Additionally, Genasys undergoes a SOC 2 Type II audit by an independent thirdparty firm to ensure comprehensive security and customer protection. The underlying AWS infrastructure supporting Genasys meets a wide range of audit and security standards, including SOC 1, SOC 2, PCI-DSS, and the EU-US Privacy Shield framework. 1117
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
D. Cost Information
Provide a comprehensive fee schedule for all the services the Respondent will provide to the Police Department (i.e., per user cost, site license, etc.). All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal. Pricing should include any annual price increase. The anticipated duration of this service is 3 years.
Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the Police Department. 1118
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized. 1119
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
E. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
Genasys confirms that all services under the resulting contract will be provided directly by Genasys, and we will not be subcontracting any portion of the work. Furthermore, the resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department.
F. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
Genasys exceptions are stated on the following pages.
1. Attachment 1 (City of Richmond Standard Contract, hereafter “Attachment 1”), Exhibit B, Section 3(a).
Revise: revise payment terms from net 45 to net 30 to align with Contractor’s standard payment terms.
2. Attachment 1, Exhibit D, Section 2. Request the addition of the following language at the end of this paragraph to be clear that Contractor is not liable for delays causes solely by the City.
Add: “Notwithstanding the foregoing, Contractor shall not be responsible for delays caused solely by the action or inaction of City or its agents.”
3. Attachment 1, Exhibit D, Section 6. This section implies on-going services and custom development work to be done by Contractor. Deletion of this Section in its entirety to clarify Contractor’s ownership interests in its proprietary software and services. 1120
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.”
4. Attachment 1, Exhibit D, Section 7. Contractor requests revision of this section to narrowly tailor the scope to align with a Software as a Service offering.
Revise: Delete Section in its entirety and replace with the following:
a. Contractor shall maintain complete and accurate records with respect to the fees charged to the City under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles. To the extent required by applicable law, rule or regulation, once per calendar year, Contractor shall provide 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 related to this Contract for the sole purpose of verifying the accuracy of invoicing under this Contract and/or Contractor’s compliance with its confidentiality and obligations hereunder. All Records examined or obtained in connection with an audit shall constitute Contractor’s proprietary information and may only be used for the purpose described above. Notwithstanding the foregoing, City shall not be entitled to examine any legally privileged or highly sensitive information of Contractor, such as budgeting models and methodologies, information about compensation to employees and contractors, trade secrets, and information belonging to third parties which Contractor is required to keep confidential.
Such Records shall be maintained by Contractor for a period of two (2) years after receipt of final payment.”
5. Attachment 1, Exhibit D, Section 9(a). Pricing is based on a set term of multiple years.
Termination of convenience is not applicable to this subscription offering. Contractor requests removal of this section in its entirety.
6. Attachment 1, Exhibit D, Section 9(b). This should be a mutual termination right. If the City is in breach, Contractor should be afforded the same right to terminate and both parties should have a reasonable opportunity to cure. Contractor requests revision of this section in its entirety.
Revise: “Either party will have the right to terminate this Contract for default at any time, upon written notice, in the event of any material breach of this Contract by the other party, subject to thirty (30) days prior written notice and opportunity to cure such breach. Contractor shall be compensated as provided in Exhibit B for all amounts due and owing up to the date of termination. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.”
7. Attachment 1, Exhibit D Section 11. The indemnity proposed by the City is too broad for a SaaS offering with no on-site services. Contractor requests that the parties start negotiations with Contractor’s standard language referenced in Exhibit E.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.” 1121
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
8. Attachment 1, Exhibit D Section 12. Contractor requests revision of this section to add language to state that approval of any assignment under this Contract will not unreasonably withheld.
Revise: Add the following qualifier to the end of the last sentence in 12(a) and the first sentence of 12(b): “which will not unreasonably withheld.”
9. Attachment 1, Exhibit D Section 17. Given that Contractor is providing access to its proprietary software and incorporating terms regarding the use thereof into the Contract, all provisions should hold equal weight regardless of the drafting party. Accordingly, Contractor requests deletion of the last sentence of this paragraph in its entirety.
10. Attachment 1, Exhibit D Section 22. This section implies the delivery of tangible goods, not an off the shelf Software as a Service product. Contractor requests deletion of this Section in its entirety to clarify Contractor’s ownership interests in its proprietary software and services. The Contractor requests the City review the standard warranties provided to all similarly situated customers as is detailed in Exhibit E.
Revise: Delete and replace with the following: “See Special Conditions, Exhibit E.”
11. Attachment 1, Exhibit D Section 25. Contractor requests the waiver provision be mutual.
Revise: “The waiver by a party 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 a party from its obligation to fulfill this Contract as prescribed; nor shall a party 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.”
12. Attachment 1, Exhibit E. The following shall be added to Exhibit E. “Contractor’s Master Subscription Agreement located at: is hereby incorporated herein by reference into this Agreement. https://genasys.com/saas-services-agreement/”
13. Attachment 1, Exhibit F, Section 1. Contractor requests removal of the statement listed in Section 1 and any reference thereto. Per its insurance policies, Contractor can agree to the following contractual statement, but cannot agree to have such language on its certificates.
Revise: Remove any reference to statements on the certificate and replace with the following sentence to be included in the Contract only: “Acting in good faith, Contractor shall endeavor to provide thirty (30) days’ advance written notice to the City of Richmond, Attention: Risk Manager should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof.”
14. Attachment 1, Exhibit F, Section 1. Per Contractor’s carrier, endorsements must are not able to revised and must “speak for themselves,” therefore, Contractor cannot add any parties to its endorsements, only to the certificate of insurance. Contractor requests removals of the last sentence of this Section.
1122
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
G. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
To Genasys’ knowledge, each of Genasys and of its sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with City of Richmond’s interests H. Sanctuary City Contracting and Investment Ordinance 12- 18NS_2018
The City of Richmond’s Sanctuary Contracting Ordinance certification requires the City to refrain from doing business with vendors who provide Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). If the Department decides to award the bid to a vendor that is unable to comply with this ordinance, the Department may ask the City Council for an exemption
Genasys confirms that we fully comply with the ordinance and do not provide Data Broker or Extreme Vetting services to U.S. Immigration and Customs Enforcement (ICE) 1123
Genasys Inc. has submitted proprietary technical data and business-sensitive cost and pricing data for RFP evaluation only. Without the express written consent of Genasys Inc., any disclosure, dissemination, distribution, copying, or other use of this proposal or its substance is not authorized.
I. Genasys, Inc. W-9
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EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, 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.
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Donald Patchin
Donald Patchin
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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; 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:
$WWQ
Email: ________________________________________________
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Genasys, Inc.
Donald Patchin
[email protected]
Genasys, Inc.
16262 West Bernardo Drive
San Diego, CA 92127
[email protected]
Philip Prins
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EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an 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,
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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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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
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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
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1130
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_____________________________
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 jointventure 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 subcontractors 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
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1131
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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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1132
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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
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1133
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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,
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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.
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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Genasys, Inc.
NONE.
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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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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
ϯ͘ 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.
ϰ͘ 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 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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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:
IT and Cyber Risks
Type 1 – Page 1 of 4
Revised: June 2023
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Cyber Liability Insurance
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:
IT and Cyber Risks
Type 1 – Page 2 of 4
Revised: June 2023
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of 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.
If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Additional Insured Endorsement
(continued)
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
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 1141
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:
IT and Cyber Risks
Type 1 – Page 3 of 4
Revised: June 2023
the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
1. Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:
IT and Cyber Risks
Type 1 – Page 4 of 4
Revised: June 2023
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.
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August 19, 2025
Police Department
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
SUBJECT: Memorandum of Understanding (MOU) with the
Richmond Police Activities League (RPAL) for
continuation of academic tutoring and life skills mentoring to Youth
FINANCIAL IMPACT: The proposed $325,000 expenditure is included within the approved fiscal year 2025-2026 budget and will
budget accordingly for fiscal year 2026-2027. Police
Department/Youth Services (Account String: 01191021-
400201).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
This proposed Memorandum of Understanding (MOU)
will ensure the continuation of the Richmond Police
Activities League (RPAL) programs that serve over 3,000 West Contra Costa County youth annually in academics,
athletics, and life-skills guidance.
RECOMMENDED ACTION: APPROVE a Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Police
Activities League (RPAL) to subsidize RPAL staff and
programs, ensuring that academic, athletic, and life-skills services offered by RPAL for the period July 1, 2025 –
June 30, 2027, in an amount not to exceed $650,000 or
$325,000 annually, and AUTHORIZE the City Manager to
negotiate and execute all necessary documents – Police
Department (Chief Bisa French 510-621-1802).
AGENDA
REPORT
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August 19, 2025
DISCUSSION:
The Richmond Police Activities League (RPAL) is a non-profit organization that was formed in 1982 to provide a positive alternative to involvement in the criminal justice system for youth between the ages of 5 and 18 years. RPAL’s original location was in a small one-room office that, due to the popularity of the program with Richmond youth, quickly became overcrowded. RPAL utilized police personnel and community members to bridge the gap between the police and community. RPAL personnel and volunteers also tutored school-age children in a variety of academic subjects, as well as provided athletic and artistic training to many Richmond youth. The lessons learned far exceeded the classroom and playing field by teaching each child responsibility, community service, and teamwork.
In 1997, RPAL partnered with Mechanics Bank and purchased its current home located at 2200 Macdonald Avenue. Annually, the 40,000 square foot facility provides over 3,000 West Contra Costa County youth with invaluable learning and recreational opportunities that include:
Academic tutoring & homework assistance
Mentoring, leadership, and life-skills training
Audio recording via a state-of-the-art recording studio Athletic training via individual and team sports
Computer lab training & assistance
Community engagement, including participation in toy and food drives; “Shop with a Cop”; partnering with local soup kitchens to feed the homeless; and participating in numerous City-sponsored community events The RPD Explorer program
The City has been offering support to RPAL through the Police Department since RPAL’s inception by providing police personnel to manage and oversee the overall operation. However, in July 2013, RPAL paid staff ceased to be City of Richmond employees. The agreed upon subsidy from the City will help RPAL employ its own staff (including an Executive Director) at significantly lower costs than what it would cost to cover the salary and benefits of City personnel. This new arrangement will allow more funds to go directly to services for Richmond youth.
RPAL is a non-profit, tax-exempt 501(c)(3) organization that depends on financial support from businesses, corporations, various grant sources, and community members. Despite these sources of support, continued financial assistance from the City of Richmond is critical to meet RPAL’s needs going forward. Approval of this MOU and annual financial support of $325,000 ensures a strong relationship between the City of Richmond and RPAL, as a means of providing quality recreational and delinquencyprevention services over the next several years.
DOCUMENTS ATTACHED:
Attachment 1 – MOU
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1 Memorandum of Understanding
By and Between the City of Richmond and
The Richmond Police Activities League
This Memorandum of Understanding (MOU) is entered into as of July 1, 2025, by and between the City of Richmond (City), and the Richmond Police Activities League (RPAL) to support RPAL’s implementation and ongoing viability and success.
In consideration of the mutual promises and agreements set forth herein, the sufficiency of which are hereby acknowledged, City, and the RPAL (collectively the “parties”) agree as follows:
ARTICLE I
MOU PROVISIONS
Section 1.1 Scope of Services
A. The City will support the RPAL’s program as follows:
1. Provide funding to the RPAL in the form of an annual grant of three hundred twenty-five thousand dollars ($325,000.00) per year for a period of two (2) years, payable in quarterly installments of eighty-one thousand two hundred fifty dollars ($81,250.00) beginning August 20, 2025. Said funds will be dispersed from the Richmond Police Department budget. The estimated monetary value of City participation in this MOU is approximately $325,000 per year.
2. Provide for the installation and continued maintenance of all telephone equipment and wiring at the RPAL facility located at 2200 Macdonald Avenue, Richmond, California (Richmond Police Activities League Center).
3. Provide for the continued physical maintenance of the Richmond PAL facility.
4. Provide for continued IT support at the RPAL facility.
5. Continue an open line of communication with RPAL staff.
6. Provides for use, maintenance and upkeep of three City owned vehicles to be shared by the Richmond Police Department and other City Departments.
7. Allow the use of City property and facilities (such as, Auditorium, meeting rooms, swimming pools, fields, courts, parks, and streets) on a scheduled available basis and at the non-profit rate.
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2 8. City Liaison: Provide one Recreation Program Coordinator from the Community Services Department to the RPAL program to serve as liaison to the RPAL program and maintain a continuous relationship between the Community Services Department and Richmond PAL.
B. The RPAL will provide the following:
1. Academic Enrichment: RPAL will provide academic services including tutoring, homework assistance and academic skills enhancement for youth in the West Contra Costa School District (WCCUSD). These activities will take place Monday through Thursday, 3pm - 6pm. Participants will spend no less than one hour per day, Monday-Thursday on math and reading programs designed to improve academic performance of participants.
RPAL will provide basic computer training to youth including keyboarding, internet search, and computer repair. Program will be provided Tuesday and Thursday from 4pm - 5pm.
2. Mentoring: RPAL will provide mentoring services to Richmond youth.
RPAL will screen, interview, and match 40 youth with qualified mentors (one-on-one and group). RPAL will provide on-going support to mentor/mentee matches. Participants will be monitored through our case management program and will participate in a series of youth development activities including life skills training, anger management, college preparedness, and job skills development. RPAL will provide a training curriculum and ongoing training for mentors that include building rapport, cultural competency, strengthening mentor/mentee relationships, pro-social behaviors, etc. Mentors will be advocates for mentees.
3. Audio Recording and Music Program: RPAL will provide audio recording, engineering, musical instrument instruction and Podcast to youth ages 12-17. Youth will learn all the duties of managing a recording studio.
4. Intramural Sports: RPAL will offer intramural sports and activities to 300 youth yearly in partnership with Little League International, San Francisco Giants Community Fund, USA Boxing, US Tennis Association, and the Northern California Golf Association that will teach youth the fundamental of sports, sportsmanship and teamwork.
a) Little League Baseball: Youth ages 5-14 will participate in Little League Baseball during the months of March-June; practice and league games will be 3 days a week at Nichol Park and community parks throughout the city. RPAL will provide the Community Services Department with a DRAFT baseball field practice and game schedule prior to November 30th of each year of this MOU. A FINAL schedule will be submitted prior to February 28th of each year of this MOU.
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3 RPAL will also provide the Community Services Department with a complete list of all youth registered for Little League Baseball and pay the Community Services Department $10 for every youth registered in Little League Baseball.
b) Junior Giants Baseball: Immediately following Little League Baseball season youth will participate in Jr. Giants Baseball. The Jr. Giants program begins in June and lasts through August. Jr. Giants provides baseball fundamentals in non-competitive manner and includes a health, education and violence prevention component that all participants are required to complete. Jr. Giants is a flagship component of the Giants community fund and all uniforms and equipment are donated to RPAL for the season.
RPAL will provide the Community Services Department with a baseball field practice and games schedule prior to March 30th of each year of this MOU.
c) Basketball: RPAL will offer league and free play basketball to youth ages 7-14. Youth learn the fundamentals of basketball while participating in RPAL travel team showcasing their talent in local basketball tournaments and conferences. Practices will be held Tuesdays and Thursdays from 4pm - 6pm.
d) Golf: RPAL will offer golf to young people ages 12-17. Through a partnership with the Northern California Golf Association and the Richmond Country Club, youth are taught the fundamentals of golf.
Practice takes place every Tuesday and Thursday, 4pm - 6pm. Youth are mentored by UC Berkeley Golf Team members and RCC staff.
Youth have access to over 100 golf courses to play on for $5, offered scholarships, and attend national golf tournaments.
e) Boxing: RPAL will provide boxing and fitness instruction to youth ages 7-17 and adults. Instruction is 5 days a week from 3pm - 7pm.
Youth may participate if they aspire to become boxers or would like to become physically fit. Youth have the opportunity to represent RPAL and the City of Richmond at local, Regional, State and National Boxing Tournaments.
f) Evaluation and regular reporting to the City will be essential aspects of all RPAL programs. The RPAL will submit quarterly reports listing all donations eligible for City matching funds, describing the progress of the programs and projects outlined above, and documenting the expenditures of the grant funds.
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4 5. Leadership Training: RPAL will provide leadership training and civic engagement activities for youth through the Youth Leadership Council. The objective of YLC is to help youth increase self-esteem, improve leadership skills, build healthy social skills, and participate in community activities that promote neighborhood vitality.
6. Richmond Police Explorer Post Coordinator: RPAL will assist the Police Department with coordination of the Richmond Police Explorer Post. RPAL will hire a current or retired police officer to work with Richmond PD personnel with the advertisement, recruitment, selection, training, and supervision of youth, 14-20 years old, to participate in the program. These youth will receive public safety personnel training, compete in Explorer Competition throughout the State and complete community service projects in Richmond. The aim of this program is to provide pre-employment public safety training to 20 youth each year.
7. Summer Camp: (Ages 7 to 13) for youth focusing on computer skills, sports and fitness, and getting kids outside during the summer months.
8. Allocation of Space: RPAL will provide meeting and office space for the City of Richmond Daytime Curfew Ordinance staff and police officers for intake and the detainment of students. RPAL will allocate meeting and office space for the Richmond Police Explorer Post. RPAL will allocate space for training and meetings for City Departments on a scheduled basis.
9. Additional Use: RPAL will provide roof space and electricity for the Shot Spotter erected on top of gymnasium; and provide bounce house set up, monitoring, take down and storage for several city sponsored events yearly.
10.City Liaison: Regular communication with City staff regarding questions, problems, or concerns throughout the duration of this MOU will be made through the Chief of Police or his/her designee, who shall be the City/RPAL liaison, and the RPAL’s Executive Director. The RPAL shall correct problems or concerns to the satisfaction of City in a timely manner.
Section 1.2 Term
This MOU shall have a term of two (2) years and thereafter this MOU shall be terminated and of no further force or effect, except as to those provision which expressly survive the termination of this MOU.
Section 1.3 Termination
City may terminate this MOU for any reason whatsoever upon one hundred eighty (180) days written notice to the RPAL of termination.
Section 1.4 Funding
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5 This MOU shall be deemed executory to the extent that the monies are appropriated in the current budget of City for the purposes of this MOU and no liability shall be incurred by City or any other department of City beyond the monies budgeted and available for this purpose. The MOU is not a general obligation of City. Neither the full faith and credit, nor the taxing power of City is pledged to the payment of any amount due or to become due under this MOU. It is understood that neither this MOU nor any representation by any City employee or officer creates any obligation to appropriate or make monies available for the purpose of the MOU beyond those monies appropriated in the current budget for the purposes of this MOU. Notwithstanding anything to the contrary contained herein, City represents and warrants that monies have been duly appropriated in the current budget for the purposes of this MOU.
Section 1.5 Compliance with Laws and Regulations
The RPAL shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this MOU, including without limitation environmental laws, disability laws, including the Americans with Disability Act, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provision of the Municipal Code of the City of Richmond (“Municipal Code”), including Chapter 2.28 and Chapters 2.50, 2.52, 2.56, and 2.60, if applicable, which are incorporated by reference.
The RPAL acknowledges that under Section 2.60.070 of the Municipal Code (“Living Wage Ordinance”), it shall promptly provide the City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in Section
2.60.070 of the Municipal Code, the RPAL shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
The RPAL shall comply with Section 2.28.030 of the Municipal Code, obligating every contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
ARTICLE II
LIMITATION ON CITY OBLIGATIONS
Section 2.1 Limitations
Nothing in this MOU shall make RPAL Employees a) subject to any of the memorandum of understandings that apply to employees of City, b) subject to the Personnel Rules that apply to employees of City, c) subject to any of the benefits 1150
6 received by employees of City, including but not limited to, Medical, Dental, Vision, Retirement, Vacation Sick Leave, and Administrative Leave, d) covered by City’s Workers’ Compensation Insurance, e) employees of City of purposes of the Tort Claims Act (Govt. Code Sections 825 et seq); RPAL Employees shall not be protected by the same immunities and right to indemnification and defense extended by that Act to public employees.
ARTICLE III
Section 3.1 Limitations of Parties
Nothing contained in this MOU shall be interpreted or understood by any of the parties, or by any third person, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture by and between City and the RPAL or their agents, employees, including RPAL employees, or subcontractors, and the RPAL shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its employees, agents, or both, perform the services required of it by the terms of this MOU. The RPAL has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the MOU.
Section 3.2 No Claims
Nothing contained in this MOU shall create or justify any claim against City by any person that the RPAL may have employed or with whom the RPAL may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services.
Section 3.3 Amendments
No alteration or variation of the terms of this MOU shall be valid unless made in writing by the parties.
Section 3.4 Indemnification
A. To the fullest extent permissible by law, the RPAL shall indemnify, defend harmless, and require its contractors and subcontractors to defend, indemnify and hold harmless, City, and its elected and appointed officials, and all of their employees and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgment, including attorney fees and other defense costs (collectively, “Claims”), resulting from injury to or death sustained by any person (including the RPAL’s or any contractor’s or subcontractor’s employees), or damage to property or any kind, or any other injury or damage whatsoever, which Claim arise out of or are in any way connected with the provision of services hereunder, regardless of the RPAL’s fault or negligence; provided, however, that the RPAL’s indemnity obligations hereunder shall not apply to the extent any Claims are caused by the sole and active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of 1151
7 the RPAL and its contractors and subcontractors shall extend to Claims asserted after termination of this MOU for whatever reason.
B. In claims against any person or entity indemnified under Section 3.4A above by an employee of the RPAL, including RPAL Employees, or its contractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4A above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
Section 3.5 Non-Liability of City Officials, Employees and Agents No member, official, employee or agent of the City shall be personally liable to the RPAL in the event of any default or breach by City or for any amount which may become due to the RPAL or its successor or on any obligation under the terms of this MOU.
Section 3.6 Insurance
The RPAL shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in Exhibit A “Insurance Requirements”.
Section 3.7 No Third Party Beneficiaries
There shall be no third party beneficiaries to this MOU.
Section 3.8 Conflict of Interest
A. Except for approve eligible administrative or personnel costs, no person described in Section 3.8 B below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this MOU or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. The RPAL shall exercise due diligence to ensure that the prohibition in this Section 3.8A is followed.
B. The conflict of interest provisions of Section 3.8A above apply to any person who is an employee, agent, consultant, officer, of RPAL, or any immediate family member of such person, or any elected or appointed official of City, or any person related within the (3rd) degree of such person. 1152
8 Section 3.9 Notices, Demands and Communications
If at any time after the execution of this MOU it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and:
A. If intended for City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: City Manager
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
B. If intended for the RPAL shall be addressed to:
Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94804
Attention: Executive Director
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any party may change its address at any given time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
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9 Section 3.10 Applicable Law
This MOU shall be governed by California law. This MOU is made in Contra Costa County, California, and any action relating to this MOU shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.11 Parties Bound
Except as otherwise limited herein, the provisions of this MOU shall be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this MOU to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such party who has acquired an interest in compliance with the terms of this MOU or under law. This MOU shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the parties.
Section 3.12 Severability
If any term of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effort unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.13 Waivers
Any waiver by City of any obligation or condition in this MOU must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of the RPAL or to pursue any remedy allowed under this MOU or applicable law. Any extension of time granted to the RPAL to perform any obligation under this MOU shall not operate as a waiver or release from any of its obligations under this MOU. Consent by City to any act or omission by the RPAL shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections
Any titles of the sections or subsections of this MOU are inserted for convenience of reference only and shall be disregarded in interpreting any part of the MOU’s provisions.
Section 3.15 Entire Understanding of the Parties
This MOU constitutes the entire understanding and agreement of the parties with respect to the services to be provided hereunder.
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10 Section 3.16 Multiple Originals; Counterpart
This MOU may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
__________________________________ ______________________________ Larry Lewis Date
RPAL Executive Director
___________________________________ ______________________________ Shasa Curl Date
City Manager
Approved as to form:
_____________________________
City Attorney
Attest:
_____________________________
City Clerk
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August 19, 2025
Police Department
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Contract Amendment No. 2 with ServiceMasters
Restoration Services for Biohazard Removal
FINANCIAL IMPACT: The estimated $75,000 expenditure is included within the approved fiscal year 2025-2026 budget and the balance
of $75,000 will be appropriated in the Fiscal Year 2026- 2027 Police Department budget (Account String:
01191021-400538).
PREVIOUS COUNCIL
ACTION:
March 25, 2025
November 19, 2024
STATEMENT OF THE
ISSUE:
The Police Department seeks a second contract
amendment with Sharjo, LLC dba ServiceMaster
Restoration Services for essential biohazard cleanup at various crime scenes and Department locations to
ensure safety for City employees and the public.
RECOMMENDED ACTION: APPROVE a second contract amendment with Sharjo, LLC, dba ServiceMaster Restoration Services, for on-call biohazard and unknown substance removal and disposal
services in the amount of $150,000, for a new total
contract amount not-to-exceed $265,000, with a contract term ending November 19, 2027 – Police Department
(Chief Bisa French 510-621-1802).
.
AGENDA
REPORT
1156
August 19, 2025
DISCUSSION:
Police Department staff requests that the City Council approve the second contract amendment with Sharjo, LLC dba ServiceMaster Restoration (Attachment 1). The Police Department’s contract with ServiceMaster Restoration allows for weekly removal and proper disposal of biohazardous waste throughout the City, including plants, waste and chemicals at marijuana grow sites, human waste on City property and sidewalks, bodily fluids in police cruisers, jail cells, and at crime scenes. Sharjo, LLC dba ServiceMaster Restoration, is equipped to provide timely and safe removal of these hazardous materials, ensuring the health and safety of City staff members and the community, as city staff members are not trained or equipped to handle such waste.
ServiceMaster has extensive knowledge of regulatory guidelines for biohazard cleanup.
Their expertise ensures that all cleaning procedures comply with local, state, and federal laws, protecting the city from potential legal liabilities.
ServiceMaster offers a broad array of services beyond crime scene cleaning, including trauma abatement and hazardous waste disposal. This versatility allows the Police Department to depend on a single provider for multiple needs, thereby streamlining operations and improving efficiency.
Contracting with ServiceMaster Restoration, a company with 38 years of experience and a robust infrastructure, will provide dedicated resources to handle these sensitive situations effectively. ServiceMaster’s Benicia and Concord branches are equipped with the tools, supplies, and expertise to respond promptly to requests, ensuring a professional and timely cleanup. Furthermore, if additional resources are needed, ServiceMaster can draw from their multiple branches across the Bay Area, ensuring comprehensive support.
In July 2024, the Richmond Police Department issued a Request for Proposal (RFP) for Cleaning and Biohazardous Waste Cleanup Services. During the evaluations of the proposals, Sharjo, LLC dba ServiceMaster Restoration Services emerged as the top scorer due to their demonstrated competence spread over several RFP benchmarks.
On November 19, 2024, City Council approved the original contract with the Police Department (Attachment 2). On March 25, 2025, City Council approved the first amendment to the contract which amended the service plan to include services offered to Public Works and added $115,000 in funding for Public Works’ related service requests - no funds were added to the Police Department allocation (Attachment 3).
Police Department staff originally proposed a three-year contract with the amount of $45,000 for Police Department usage based on prior vendor costs and estimates.
However, the Police Department has experienced an influx of service requests to include two costly marijuana grow site disposals, numerous accident site cleanings, patrol car and jail cell cleanings, and a myriad of human waste and bodily fluid cleanings. Police Department staff believe that adding $75,000 to be used during each 1157
August 19, 2025
of the remaining two years of the original contract term will appropriately serve the department and community needs.
DOCUMENTS ATTACHED:
Attachment 1 – Second Contract Amendment
Attachment 2 – Original Contract
Attachment 3 – First Contract Amendment
1158
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: Contract No32:
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.
Public Works Capt. Lopez [email protected] (510) 620-6990 13465 7232 Cleaning services and biohazardous waste cleanup service ✔
2 Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 Andy Dobbs (415) 336-6258 [email protected] 4004-9388 December 31, 2025 ✔ November 19, 2024 November 20, 2024 November 19, 2027 45,000.00 1159
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.
Sharjo, LLC dba ServiceMaster Restoration Services
1160
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32
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
2 7232
Sharjo, LLC dba ServiceMaster Restoration Services
150,000.00 265,000.00
None.
1161
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32
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
2 7232
Sharjo, LLC dba ServiceMaster Restoration Services
03/25/2025 70,000.00 115,000.00 ✔
✔ 150,000.00 265,000.00 265,000.00 265,000.00 265,000.00 1162
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.
Police Captain John Lopez [email protected] (510) 620-6940 13465 7232 Cleaning services and biohazardous waste cleanup service Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 Andy Dobbs (415) 336-6258 [email protected] 4004-9388 November 20, 2024 November 19, 2027 45,000.00 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1163
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: _________________________
Title: ________________________
Date Signed: _________________
By: ___________________________
Title: Chief Operating Officer______
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
Sharjo, LLC dba ServiceMaster Restoration Services
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Mayor COO
12/20/2024
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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]:
Sharjo, LLC dba ServiceMaster Restoration Serv
7232
Sharjo, LLC dba ServiceMaster Restoration Services shall provide the City of Richmond's Police Department and other city departments with comprehensive cleaning services, including specialized biohazardous waste cleanup and removal, and marijuana destruction (with a court order), ensuring a clean, safe, and sanitary environment in police facilities, city buildings, public spaces/dwellings, and private residences/businesses.
In addition to the services outlined above, ServiceMaster, a full-service 24/7/365 emergency restoration company, will respond to any service request within four hours. ServiceMaster is also equipped to offer additional services as needed by the City of Richmond's Police Department or any other city departments, including fire, smoke, water, and flood damage remediation; sewer overflow cleanup; mold removal; homeless encampment abatement; viral/infectious disease disinfection; and natural disaster recovery.
The City's total payments shall not exceed $45,000 for a three-year service term, with two one-year extensions available upon mutual agreement, up to an additional $30,000.
Detailed terms, conditions, and service requirements will be outlined in the attached Request for Proposal (RFP) and Bid Submission documents, which include the full scope of services, responsibilities, and associated terms, attached hereto as Exhibit H and Exhibit I, respectively.
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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.
7232 Sharjo, LLC dba ServiceMaster Restoration Serv
Captain John Lopez Captain John Lopez
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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: ________________________________________________ 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
Captain John Lopez [email protected] Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 [email protected] Andy Dobbs Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1167
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, 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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.
7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 jointventure 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 subcontractors 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 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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.
7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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, 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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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. 7232 Sharjo, LLC dba ServiceMaster Restoration Serv
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Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
7232 Sharjo, LLC dba ServiceMaster Restoration Services NONE.
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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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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 3:
Contracts with Environmental Risks/Hazardous Waste Materials Type 3 – Page 1 of 5
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services that involve environmental risks and/or the transportation of hazardous materials including asbestos, hazardous chemicals or waste, and nuclear risks, 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), including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions.
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
General Liability
(primary and excess limits
combined)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials Type 3 – Page 2 of 5
Revised: September 2011
General Liability (continued)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
If the Contractor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by Contractor.
For additional information regarding the Motor Carrier Act and limits of liability see Page 5.
Contractors Pollution Liability
and/or Pollution Liability
Protects against environmental and
pollution risks and
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Policy shall be endorsed to name the City of Richmond as an additional insured.
Environmental coverage must remain in force for a period of five years after completion of the project. Contractor must provide updated certificates indicating that the required coverage, terms and conditions are still in place.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability, Contractors Pollution Liability and/or Asbestos Pollution policies.
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. 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.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials Type 3 – Page 3 of 5
Revised: September 2011
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 excess of the Contractor’s insurance and shall not contribute with it 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 Endorsement can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
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.
Lead-Based Paint/Asbestos/Mold
If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials Type 3 – Page 4 of 5
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials Type 3 – Page 5 of 5
Revised: September 2011
ADDITIONAL INFORMATION REGARDING THE MOTOR CARRIER ACT OF 1980 The Motor Carrier Act of 1980 imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority. The chart below shows the minimum required financial responsibility as determined by the type of cargo hauled.
The Act requires the MCS-90 endorsement in the amount of $750,000 to be attached to any automobile liability policy issued to motor carriers operating commercial motor vehicles with a gross vehicle weight rating of 10,000 or more pounds that are transporting any non-hazardous property in interstate or foreign commerce. The MCS-90 endorsement is also required when interstate, intrastate and foreign commerce is transporting hazardous material/waste/substances. The liability limit depends upon the type of truck and method of transportation. Its purpose is to ensure that funds are available for damages arising from a trucking accident that involves hazardous materials subject to the Act.
DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY Type of Carriage Commodity Transported Financial Responsibility (1) For-hire in interstate or foreign
commerce, with a gross vehicle
weight rating of 10,000 or more
pounds).
Any Property (non-hazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce,
with a gross vehicle weight rating of
10,000 or more pounds).
Hazardous substances transported in
cargo tanks, portable tanks, or
hopper-type vehicles with capacities in
excess of 3500 water gallons.
Hazardous Substances does not
include petroleum, including crude oil
or any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
in appendix A to §172.101 and the
term does not include natural gas,
natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel
(or mixtures of natural gas and such
synthetic gas).
49 CFR 171.8
$5,000,000
(3) For-hire and Private (in interstate
or foreign commerce: in any
quantity; or in intrastate commerce,
in bulk only; with a gross vehicle
weight rating of less than 10,000
pounds).
Compressed Oil Gas (listed in 49 CFR
172.101) hazardous waste, hazardous
materials, and hazardous substances
such as lead, asbestos, mold, dry
cleaning chemicals, benzene, etc.
(as defined in 49 CFR 171.8 and listed
in 49 CFR 172.101, but not mentioned
in (2) above or (4) below.)
$1,000,000
(4) For-hire and Private (in interstate
or foreign commerce, with a gross
vehicle weight rating of less than
10,000 pounds).
Any quantity of explosives that have
mass explosion hazard, projection
hazard, or fire hazard (Division 1.2,
1.2, or 1.3); poisonous gas (Division
2.3); poisonous materials (Division
6.1); materials poisonous by inhalation
(Hazard Zone A); or radioactive
material (Class 7 material).
$5,000,000
CONTACT RISK MANAGEMENT IF YOU HAVE ANY QUESTIONS REGARDING THE MCS-90 ENDORSEMENT AND/OR THE MOTOR CARRIER ACT OF 1980
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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: Sharjo, LLC dba ServiceMaster Restoration Services 7232 Sharjo, LLC dba ServiceMaster Restoration Services Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F COO
12/19/2024
Derek Suech
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Request for Proposal (RFP)
Cleaning Services and
Biohazardous Waste Cleanup
Release Date:
July 01, 2024
Deadline for Submittal:
July 22, 2024
City of Richmond
Police Department
EXHIBIT H Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1186
INTRODUCTION
The City of Richmond’s Police Department is soliciting proposals from qualified cleaning vendors to provide comprehensive cleaning services, specialized biohazardous waste cleanup and removal services, and perform marijuana destruction (with a court order).
The objective of this RFP is to ensure a clean, safe, and sanitary environment in the Police Department facility and public spaces, adhering to the highest standards of public health and safety.
This request for proposal (RFP) outlines the requirements and expectations for the services needed. Proposers are required to read and understand all the information contained within this entire Proposal package.
PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is maintaining its facility in pristine condition to enhance the quality of life for its residents, employees, and visitors. This includes routine cleaning, maintenance, and the proper handling and disposal of biohazardous materials, which require specialized expertise and procedures. The scope of service through this RFP includes regular cleaning operations, deep cleaning tasks, and the safe removal and disposal of biohazardous waste in compliance with local, state, and federal laws and regulations.
The term of this service contract will be for one (1) year with an anticipated amount for this contract of $10,000 and an option to renew for two (2) additional years by means of a mutual agreement of both parties.
PROPOSAL REQUIREMENTS
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. It should be straightforward and provide “layman” explanations of the technical and legal terms used.
All proposals will be scored as follows and the criteria upon which the evaluation of the proposals will be based include but are not limited to the following.
All contractors will be required to be Livescan and/or participate in a background check to be conducted by the Police Department. Any contractor that does not meet or clear the background check will be forbidden from participating in the scope of work.
Contractors shall be required to be on call 24/7/365 and must be able to respond within 4 hours of the call out.
A. Qualifications and Experience (35 points)
a) Provide a brief description and overview of the company. b) Description of experience with similar projects.
c) Description of cleaning processes and techniques and how regulatory compliance and safety standards are met
d) List of at least three references from clients with similar needs.
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e) Provide relevant licenses, permits, endorsements, certifications, and insurance details.
f) Detailed approach to delivering the services outlined in the Scope of Work. g) Quality control measures and reporting mechanisms.
Compliance with safety and regulatory requirements
h) Follow all precautions and safety regulations as outlined by the Department of Industrial Relations (DIR) and Occupational Safety & Health Administration (OSHA).
i) Cannot use any banned chemicals or cleaning agents as defined by the Food and Drug Administration (FDA).
j) All biohazard waste handling, clean-up, and disposal work by Contractor shall be done according to the California Department of Public Health protocol and procedures, OSHA Standards, City of Richmond standards and laws, and any other applicable local, state, and federal laws and regulations.
B. Cost (30 points)
Provide a detailed breakdown of costs, including but not limited to:
a) Cleaning and Biohazard Cleaning Services:
• Hourly rate or fixed price per square foot
• Cost of supplies, equipment, and protective gear
• Specific tasks included in cleaning
• Procedures for handling and disposing of biohazard materials • Any additional fees or charges
b) Emergency Response Services:
• Hourly rate or fixed price per incident
• Response time guarantees
• Any additional fees or charges
C. Scope of Services (35 Points)
This scope of work establishes the minimum requirements for providing regular cleaning and disinfecting services and biohazardous material clean-up and removal services.
a) Clean and disinfect the Police Department gym, bunk house, and temporary holding facilities.
b) Clean and disinfect Police Department vehicles.
c) May be required to clean and disinfect other facilities in the Police Department on an as-needed basis, such as the Crime Scene Tech Room, Property Room, etc.
d) Follow protocol for properly cleaning, disinfecting, and sanitizing crime scenes, including bodily fluids and controlled substances. Crime scenes may include residential areas, commercial areas, vehicles, and open-air public and private areas within the City of Richmond.
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e) Remove and properly dispose of biohazardous waste. Biohazard waste cleanup must include, but not limited to, the removal of feces, urine, drug paraphernalia, sharps, clothing, sewage discharge, vomit, and blood. f) Respond to crime scenes, traffic collisions, jails, City buildings, City property, and City vehicles to completely remove all biohazards, erase all stains, disinfect the scene and properly dispose of solid waste or solid biohazards. g) Marijuana destruction (with a court order).
h) Contractor must keep a Record of Destruction log to include (but not limited to) the date, time, substance, name, signature, and location of destruction or disposal/quantity, etc. that will be submitted to the Police Department monthly.
i) Contractor must photograph each site before and after cleaning and provide an electronic copy [e.g. .pdf or .jpg] of each photograph and location to the City of Richmond Police Department.
EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
A. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
B. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1).
If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
C. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests. Additionally, the proposer is required to Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1189
disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal as they will not be answered.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 pm PST, on July 15, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive an e-mail notification of the addendum.
Otherwise, answers to questions received will be provided on the Q&A tab as soon as practical. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact), or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's website, to download the RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions to the Bidsonline system before the deadline. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will may be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.
The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1190
under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Proposer.
6. Solicit best and final offers from all or some of the Proposer.
7. Select one or more Proposer.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance.
The Proposer will also be required to maintain the necessary insurance, including general liability and automotive insurance with all necessary endorsements/exclusions and provide an updated COI insurance once expired.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold and obtain a City of Richmond business license that is renewed annually. Please check the City of Richmond website for business license fees and requirements.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter
2.65), which are incorporated into the Contract Documents by this reference.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1191
submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A Proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon an improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. The offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, Police Department personnel will then work with the Proposer to complete the administrative paperwork.
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PROPOSAL
C
PROPOSAL
2 , 202
Submitted to:
Submitted by:
Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA
EIN# 94-3102452
DIR #1000017351
CA Contractors License #1101519
Business License #
Submission Contact:
@smrestore.net
EXHIBIT I
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LETTER
RE:
Dear :
Sharjo, LLC dba ServiceMaster Restoration Services commits to deliver the C with a professional staff, a deep understanding of all regulatory agency guidelines, and service expertise. As the conservator of the C , we understand the importance of creating a safe environment for your community.
Professional and Dedicated Team – ServiceMaster Restoration Services will partner with the in determining priority, scope of work, workflow, and will communicate the project projections, progress, and any other relevant information.
Regulatory Guidelines –ServiceMaster Restoration Services is well versed and aligned with the established guidelines of the following agencies:
o Centers for Diseases Control and Prevention (CDC)
o Occupational Safety and Health Administration (OSHA)
o U.S. Environmental Protection Agency (EPA)
Depth of Emergency Services Experience – In addition to biohazard cleanup, ServiceMaster Restoration Services can handle any emergency need including but not limited to: water, flood, sewage, fire and smoke damage, mold, asbestos, lead, homeless encampment abatement, viral/infectious diseases disinfection/cleaning services, biohazard , natural disaster damage recovery, complete content restoration, pack out & storage of personal contents, structure cleaning, electronic cleaning, building stabilization and complete building reconstruction services. In addition, we provide commercial cleaning, janitorial services, carpet and upholstery cleaning.
ServiceMaster Restoration Services’ credentials to serve you include the following:
Member of the nationally acclaimed ServiceMaster family of brands; one of the world’s largest and most versatile disaster restoration networks specializing in commercial properties.
Single point of contact for the .
Over $1 M in public entity revenue last year
We thank you for your consideration and look forward to the services partner. Should
you have any questions, feel free to call me at .
Respectfully,
Chief Operations Officer
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TABLE OF CONTENTS
A. P. 4-48
-13
-20
-29
-32
-43
-47
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Q & -
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TABLE OF CONTENTS
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Name Title Years at Sharjo Office Cell number Role in Service
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Andy Dobbs
National Account
Manager
Cell:
Fax:
Email:
Areas of Expertise:
Industries Served:
RecentCatastrophicEvents:
Education:
Awards:
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John Testa
Cell:
Fax:
Email:
Areas of Expertise:
Industries Served:
RecentCatastrophicEvents:
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Diego Gamarra
Project Manager
Cell:
Email:
Areas of Expertise:
Industries Served:
Recent Catastrophic Events:
Professional Certifications:
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Tim Whicker
Branch Manager
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c) Cleaning Processes and Techniques
Purpose: The Biohazardous Cleaning Protocol is designed to help employees understand the hazards and follow the safety rules associated with biohazards. This program contains the following:
Hazard Identification
Establishing the Scope of Loss
The company will follow our Bloodborne Pathogen Exposure Plan and treat all blood and other potentially infectious materials (OPIM) as infectious waste and will use universal precautions while remediating trauma losses. As a result, all human blood and body fluids are treated as if they are known to be infectious for HBV, HIV and other bloodborne pathogens. In circumstances where it is difficult or impossible to differentiate between body fluid types, all bodily fluids are assumed to be potentially infectious.
Identifying Hazards:
Hazard Description
Bloodborne Pathogens Bloodborne pathogens include but are not limited to Hepatitis B and C, AIDs and HIV. These are found in infected blood or bodily fluids
This operation uses "Universal Precautions." As a result, all human blood and body fluids are treated as if they are known to be infectious for HBV, HIV and other bloodborne
pathogens
Needles or other sharp
material
Needles or other sharp material have been commonplace for these encampments
May be contaminated with Bloodborne Pathogens or other
OPIM
Weapons Guns
Knives
Any object fashioned in a manner that would cause harm to another
Hazardous Material Four Characteristics of Hazardous Waste:
Ignitability: Flash point less than 60°C/140°F Ex - Used solvents, propane
Corrosivity: Strong acids or bases, or that produce acid or alkaline solutions. A liquid waste may be corrosive if it is able to corrode metal containers. Ex- Acid from a lead acid battery
Reactivity: Are unstable under normal conditions. Can
cause explosions or release toxic fumes, gases, or vapors when heated, compressed or mixed with water. Ex - Lithium - Sulfur Batteries, unused explosives
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Toxicity: Toxic wastes are harmful or fatal if ingested or absorbed EX - material containing lead or asbestos
Drug or Drug
Paraphernalia
Would include medically prescribed or illicit drugs
In most cases, proper authorities should be called
o Exception: Marijuana destruction will be handled by the company when presented with court order to do so
Establish the Scope:
To create the scope of loss the following considerations will reviewed at the loss site to determine scope of work:
Prepare and Protect Personnel
1. Full PPE will be worn:
a. Full face respirator (safety glass rated face shield) with organic filter; must be decontaminated after use
b. Double glove
i. Inside layer: nitrile
ii. Outer layer: rubber gloves
1. If sharps are suspected on site, the outer glove layer will be replaced with puncture resistant gloves to protect from exposure. Must be decontaminated after use.
2. Demo gloves may replace the outer rubber glove layer if building materials need to be removed. Must be decontaminated after use. c. Disposal coveralls with hood and boots rated to work with bloodborne pathogen
2. If building material will be removed in the process of remediation:
a. Knee pads. If worn outside of coveralls, must be decontaminated after use
3. The following Engineering Controls are used throughout the company:
a. Hand washing facilities (or antiseptic hand cleansers and towels or antiseptic towelettes), which are readily accessible to all employees who have the potential for exposure.
Prepare and
Protect
Personnel
Isolate & Protect
Contaminated
Zone
Inspect from
Source Out Test Surfaces
Clean, Bag, and
Disinfect
Deodorize Quality Control
Decontaminate
Equipment &
Self
Contact
Disposal
Company
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i. Employees will wash hands or any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials.
ii. Employees will wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment. When antiseptic hand cleaners or towelettes are used, hands will be washed with soap and running water as soon as feasible. Do not reuse gloves. b. Containers for contaminated materials including sharps having the following characteristics:
i. Puncture resistant.
ii. Color-coded or labeled with a Biohazard Warning Label. iii. Leak proof on the sides and bottom.
iv. Secondary containers which are:
1. Leak proof.
2. Color-coded or labeled with a Biohazard Warning Label.
3. Puncture resistant.
4. The company has adopted the following Work Practice Controls as part of our Bloodborne Pathogens Compliance Program:
a. Employees wash their hands with soap and water immediately or as soon as possible, after removal of potentially contaminated gloves or personal protective equipment.
b. Following any contact of body areas with blood or any other infectious materials, employees wash their hands and any other exposed skin with soap and water immediately or as soon as possible. They also flush exposed mucous membranes with water.
c. Eating, drinking, smoking, applying cosmetics or lip balm and handling contact lenses is prohibited in work areas where there is potential exposure to bloodborne pathogens.
d. Materials containing blood or other materials are placed in designated leak-proof containers, appropriately labeled, for handling and storage. e. If outside contamination of a primary container occurs, that container is placed within a second leak-proof container, appropriately labeled, for handling and storage. (If the specimen can puncture the primary container, the secondary container must be puncture resistant as well).
f. Equipment which becomes contaminated, is examined prior to servicing or shipping, and decontaminated as necessary (unless it can be demonstrated that decontamination is not feasible).
i. An appropriate Biohazard Warning Label is attached to any contaminated equipment, identifying the contaminated portions.
g. When a new employee is hired or an employee’s job changes, the following process takes place to ensure that they are trained in the appropriate Work Practice Controls: