Richmond City Council
October 21, 2025

Request for Proposals
for
Immigrant Legal Services and Public Awareness Campaigns and Outreach Program
City of Richmond, California
City Manager’s Office
R
elease Date:

Friday, July 25, 2025
D
eadline for Submittal
Monday, August 18, 2025
4:00 P.M. PDT
C
ontact Information:

Guadalupe Morales, Associate Management Analyst
[email protected]
510-620-6553
G
abino Arredondo, Project Manager
[email protected]
510-620-6606
Proposal Access and Submission Instructions
Proposals must be submitted electronically via the City of Richmond’s secure online bidding system.

No paper or emailed submissions will be accepted.

I
nterested parties may download the full RFP by visiting the City’s Bids Online portal at https://vendors.planetbids.com/portal/14590/portal-home. New vendors will be required to complete a one-time registration in order to access and download the solicitation documents. Once registered and the RFP is downloaded, the vendor’s name will appear on the Prospective Bidders List, and they will receive all subsequent addenda and notifications related to this solicitation.

Table of Contents
Introduction and Purpose ............................................................................................................ 3 About the City of Richmond, California ....................................................................................... 3 Overview of the Immigrant Legal Services and Public Awareness Campaigns and Outreach Program ......................................................................................................... 4 Program Structure and Scope of Services .................................................................................. 4 Organization Responsibilities .......................................................................................... 5 Service Category A: Immigrant Legal Services ............................................................... 5 Scope of Legal Representation ........................................................................... 6 Service Category B: Public Awareness Campaigns and Outreach .................................. 7 Data Collection and Reporting ........................................................................................ 7 RFP Schedule ................................................................................................................. 9 City of Richmond Standard Proposal Format Guidelines.................................................... 10 A. Vendor Cover Letter ................................................................................................. 10 B. Services Methodology .............................................................................................. 11 C. Staffing, Experience, and Qualifications ................................................................... 11 D. Cost Information ....................................................................................................... 12 E. Contractor Assignment of Sub-Contract(s) ............................................................... 13 F. Previous Contracts with the City of Richmond ........................................................... 13 G. Exceptions to this Request for Proposals ................................................................. 13 H. Statement of Impartiality and Disclosure ................................................................... 14 Process for Submitting Proposals ........................................................................................ 14 Questions Concerning Request for Proposals ............................................................... 14 Submission of Proposals ............................................................................................... 14 General Guidelines ................................................................................................................. 15 Public Records .............................................................................................................. 15 Insurance Requirements ............................................................................................... 15 Business Licenses ........................................................................................................ 16 Compliance with City Ordinances.................................................................................. 16 Sanctuary City Contracting Ordinance (SCCO) ............................................................. 16 Limited Liability Company Disclosure Statement (LLCs) ............................................... 16 Collusion ....................................................................................................................... 16 Withdrawal of Proposals ............................................................................................... 17 Ownership of Documents .............................................................................................. 17 Proposal Evaluation and Selection Process ........................................................................ 17 Met
hodology – 40 Points ............................................................................................... 18 Staffing, Experience, and Qualifications – 25 Points ..................................................... 18 Cost Proposal – 25 Points ............................................................................................. 19 Quality and Completeness – 10 Points ......................................................................... 19 Interview and Demonstration Process ........................................................................... 19 Pre-Award Negotiations ................................................................................................ 19 Award ........................................................................................................................... 20 Attachments ............................................................................................................................ 20

Introduction and Purpose
The City of Richmond (the City) is seeking proposals from qualified organizations to deliver services under the Immigrant Legal Services and Public Awareness Campaign Program (the Program). The City of Richmond will make available up to $1,000,000, which will be distributed through a minimum of three (3) separate contract awards.

Eligible applicants may submit proposals under one (1) or two (2) of the following funding categories:
• Service Category A: Immigrant Legal Services
• Service Category B: Public Awareness Campaigns and Outreach Contracts will be awarded to organizations best positioned to implement effective, compliant, and community-centered programs that address urgent legal and educational needs within Richmond’s immigrant communities.

The key challenges include:
• Insufficient Access to Legal Representation: A shortage of qualified immigration attorneys, compounded by financial barriers, leaves many immigrants unable to secure the legal assistance they need.
• Evolving and Complex Immigration Laws: Rapid policy changes create uncertainty and confusion, making it difficult for immigrants to navigate the legal system. • Limited Resources for Community Education: Many immigrants are unaware of their rights or the available services, making them more vulnerable to exploitation or deportation.

The City of Richmond intends to award a minimum of three (3) contracts under this Request for Proposals (RFP), meaning individual awards will represent a portion of the total available funds. Final contract amounts will be determined based on the scope, capacity, and strength of each proposal, as well as alignment with service category descriptions.

By submitting a proposal, vendors acknowledge their understanding of all requirements outlined in this RFP.

About the City of Richmond, California
The City of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area, with a population of approximately 116,448 residents. Richmond is one of the region’s most diverse communities: 46.9 percent of residents identify as Hispanic or Latino, 16 percent identify as Black or African American alone, 19.3 percent identify as White alone (not Hispanic or Latino), and 15.5 percent identify as Asian

alone1. Richmond is home to a multi-modal transit hub that includes BART, Amtrak, and AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and- coming communities in California.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events.

The City also operates the Richmond Memorial Convention Center and the Port of Richmond.

The City has shown leadership in addressing equity and sustainability by adopting a Health in All Policies (HiAP) Ordinance and Strategy, Climate Action Plan (CAP), and Economic Development Action Plan (EDAP), as well as focused work surrounding Race, Equity and Inclusion.

Overview of the Immigrant Legal Services and Public Awareness Campaigns and Outreach Program
Recognizing the critical need for expanded legal services and rights awareness for Richmond immigrants, the City of Richmond is launching this initiative in alignment with City Council direction on March 4, 2025. The program aims to ensure that Richmond residents have access to legal support and understand their rights when facing immigration-related challenges.

In recent years, immigrant communities have experienced significant uncertainty due to the evolving landscape of immigration law. Individuals facing potential deportation, changing asylum processes, and family separations are in urgent need of legal counsel.

Unfortunately, the demand for legal services far outpaces the supply, leaving many without representation or the proper guidance to navigate these challenges.

To achieve these goals, the City will partner with a minimum of three (3) organizations who will be responsible for administering the legal and/or educational and outreach services and ensuring compliance with all applicable regulations. While organizations may serve individuals outside Richmond, all program funds awarded through this RFP must be used exclusively for services benefiting Richmond residents.

Program Structure and Scope of Services

The Program consists of two distinct service categories that address critical needs within Richmond’s immigrant communities. These categories reflect the City’s commitment to both expanding access to direct legal services and strengthening public awareness of immigration rights through culturally relevant outreach.

1 Quick facts Richmond city, California. 2023 American Community Survey 5 year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia

Applicants may submit proposals for one or both categories, depending on their organizational experience, focus areas, and capacity to deliver the proposed services. A summary of each funding category and a description of the associated services are included below, with detailed expectations provided in subsequent sections of this RFP.

Service Category A: Immigrant Legal Services
Supports direct immigration legal representation and assistance for Richmond residents, including both affirmative and defensive cases. Services may include consultations, application preparation, and court representation to help individuals secure legal relief and prevent family separation.

Service Category B: Public Awareness Campaigns and Outreach Funds community-based public education and engagement efforts designed to promote immigrant rights, increase legal literacy, and connect residents to available resources. Outreach activities may include Know-Your-Rights presentations, multi-lingual campaigns, and partnerships with trusted institutions to reach hard-to-access communities.

Organization Responsibilities
All selected vendors for both service categories will be responsible for:
• Administering program deliverables primarily on a recapture reimbursement basis, with the option of a partial advance payment based on a percentage of the total award.
• Developing and implementing a service delivery strategy that defines goals, target populations, methods of engagement, and key activities, adaptable to both outreach and legal service contexts.
• Ensuring compliance with all applicable City, state, and federal program requirements, including maintaining good standing with the California Department of Justice, the California Secretary of State, and adherence to the Richmond Municipal Code.
• Conducting periodic tracking and reporting of data and services and prepare consolidated reports for submission to City of Richmond staff.

Service Category A: Immigrant Legal Services
Organizations applying for this category must:
• Provide direct legal assistance, representation, and related immigration services to Richmond residents, including either affirmative or defensive support as described in the Scope of Legal Representation.
• Attend and participate in meetings, trainings, and/or convenings organized by the City to coordinate services and share best practices in immigration law and legal service delivery.

• Develop and implement a legal services workplan that outlines service objectives, projected caseloads, outreach strategies, and timelines for delivering immigration legal assistance to Richmond residents.
• Conduct periodic tracking and reporting of data and services and prepare consolidated reports for submission to City of Richmond staff. • Partner with legal service providers, community-based organizations, and institutions (e.g., West Contra Costa Unified School District) to increase service accessibility in trusted community settings.
• Utilize secure, confidential case management systems in compliance with privacy and data protection standards.

Eligibility for Legal Representation
To qualify for legal representation under this program, an individual must, at the time of the initiation of representation, be a current resident of Richmond.

Scope of Legal Representation
The awarded organization(s) may offer a range of direct immigration legal services to Richmond residents, including consultations, legal screenings, legal clinics, and representation. Services should include individualized legal assessments, case strategy development, and ongoing case management to ensure clients receive effective, timely support tailored to their immigration needs.

The City recognizes that increased funding strengthens provider capacity, enabling organizations to hire additional staff, manage more cases, and meet growing community demand. These investments are critical to reducing unjust deportations, family separations, and barriers to legal support.

Core Legal Services should include:
• Affirmative immigration legal assistance and/or representation, which includes but is not limited to services such as asylum applications, lawful permanent residency (green card) applications, naturalization, Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), U Nonimmigrant Status (U visas) for victims of certain crimes, T Nonimmigrant Status (T visas) for victims of human trafficking, and relief under the Violence Against Women Act (VAWA).

Other affirmative immigration remedies may also be supported, such as applications for employment authorization and related benefits. • Defensive (removal) representation, which covers all stages of immigration court proceedings for individuals facing deportation or detention. This includes representation before the Executive Office for Immigration Review (EOIR), advocacy before United States Citizenship and Immigration Services (USCIS), and legal support for appeals and post-conviction relief related to removal proceedings.

• Application preparation and filing, including petitions and supporting documentation.
• Filing fee support, where applicable, to assist eligible clients with USCIS-related costs (e.g., DACA renewals, TPS, visa applications).
• Preventative legal services, such as public education and referrals that help reduce the risk of detention and deportation.

Service Category B: Public Awareness Campaigns and Outreach Organizations applying for this category must:
• Deliver rights-based education through Know-Your-Rights presentations, informational workshops, and outreach activities designed to increase awareness of immigration protections and available resources among Richmond’s immigrant communities.
• Implement culturally and linguistically appropriate public awareness campaigns using platforms such as social media, print materials, and digital outreach. • Develop a community engagement workplan that outlines objectives, timelines, and service strategies, and support the implementation of all community engagement efforts.
• Attend and participate in meetings, trainings, and/or convenings organized by the City to coordinate services and share best practices in immigration law and legal service delivery.
• Collaborate with community-based educational institutions (e.g. West Contra Costa Unified School District), and other local partners to expand access to host events and expand access to information in community settings. • Support immigrant-led organizing, local advocacy, and broader capacity-building efforts to strengthen civic participation within Richmond’s immigrant communities.

Data Collection and Reporting
The selected vendors shall be responsible for collecting and reporting data to the City of Richmond on all program services. Specific data and reporting requirements will vary depending on the service category or categories being provided and will be discussed and formally outlined during the contracting process following award. To ensure the security and confidentiality of sensitive client information, the City, and selected organizations shall implement strict data protection measures to safeguard client information and mitigate any risks associated with immigration enforcement.

Reporting may extend beyond the contract period for cases or activities that remain active. Organizations will be required to submit periodic progress reports and a final summary report, with additional reporting upon request.

At a minimum, reported data shall include but not be limited to:

Service Category A: Immigrant Legal Services
• The number of clients receiving legal assistance or representation, and the types of services provided (e.g., consultations, application support, court appearances). • The number and types of cases handled by attorneys, including case status (open, closed, referred), stage of legal proceedings (e.g., initial hearing, merits hearing), and average caseload per attorney or legal team. • Types of immigration relief sought or identified, such as asylum, DACA, TPS, U or T visas, and adjustment of status.
• Number of applications filed, outcomes of immigration court proceedings, and other actions taken (e.g., motions to reopen, appeals, voluntary departure). • Community engagement activities directly supporting access to legal services, such as legal information sessions or immigration clinics, including the number of events conducted, estimated attendance, and the languages and materials used.

Service Category B: Public Awareness Campaigns and Outreach

• The reach and scope of public outreach and educational activities aimed at increasing understanding of immigrant legal services and rights, including the number of campaign events, estimated attendance, and languages and formats used for materials.
• Evaluation of educational sessions (i.e., pre- and post-survey data) that measure the percentage of participants who report increased knowledge, confidence, or ability to navigate immigration systems and a more thorough understanding of immigration services (such as Know Your Rights and other affirmative service options).
• Evaluation of program accessibility, consistency, and timeliness across all events and communities served.
• Follow-up engagement outcomes, including referrals utilized and documented stories of positive impact.

Awarded organizations shall ensure that all data reporting is conducted in accordance with established confidentiality protocols, including those adopted by the organization and any protocols required under applicable law, to protect client privacy and to prevent the disclosure of information in any manner that could compromise the safety or security of individuals receiving legal services.

RFP Schedule
Proposed Dates Activity
Friday, July 25, 2025 Release RFP
Wednesday, August 6, 2025 Final Day to Submit Questions (4:00 PM PDT)
Friday, August 8, 2025 Response to Questions
Monday, August 18, 2025 RFP Due Date (4:00 PM PDT)

Late August 2025 Final Vendor(s) Notified and Contracting Process

Please note that this schedule is subject to change. Any schedule updates will be posted on the City of Richmond’s BidsOnline system.

City of Richmond Standard Proposal Format Guidelines
The following section outlines the standard Proposal Format Guidelines established by the City of Richmond. All submissions responding to this RFP must comply with the structure, formatting, and content requirements described below. These guidelines are applicable to this RFP and all content herein unless otherwise stated.

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 8 double-sided pages or 16 single-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, et cetera, but not of cost proposal, resumes, required forms, front and back covers, or letters of commitment from sub- consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A. Vendor Cover Letter
A cover letter, not to exceed three (3) pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood. • Include a statement of intent to perform the services as outlined in this RFP • I ndicate which service category or categories the organization is applying for (Service Category A: Immigrant Legal Services and/or Service Category B:

Public Awareness Campaigns).
• Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B).
• Submit a written description and brief history of the company’s experiences, qualifications and successes in providing fiscal sponsorship services described herein. Please indicate the number of employees, client base and location of offices.
• Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed.

• Stipulate that the proposal price will be valid for a period of at least 180 days. • Identify a single person for contact during the RFP review process. • Be signed by an authorized official of the company.

B. Services Methodology
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services outlined in this RFP. This section should include:
• A description of the specific efforts your firm will undertake to fulfill the requirements described in the Scope of Services.
• An implementation plan that describes in detail:
o How the proposer plans to approach and complete each project task; o Listed deliverables that should be incorporated into the proposer’s approach; and
o Any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. • A detailed project schedule identifying all tasks and deliverables to be performed, the duration of each task, and the overall timeline for completion. • A detailed description of specific tasks that will require City staff involvement.

Explain the respective roles of City staff and your team in completing the tasks specified in the Scope of Services.
• If applicable, a description of any subcontracting arrangements proposed to fulfill the scope of work, including the qualifications of subcontractors, their specific roles, and any prior experience collaborating with them. • Value Added Services: Please provide any additional services of benefit not specifically required herein, which the proposer offers to provide.

C. Staffing, Experience, and Qualifications
The information requested in this section should describe the experience of the firm, key staff and sub-contractors performing projects within the past ten years (preferably within the past 2-5 years) that are similar in size and scope to demonstrate competence to perform these services.

The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond. Sub-contractor letters of commitment are required and must be submitted with the proposal.

Information shall include:
• Firm Experience
o Summarize firm’s demonstrated capability, including the length of time that the firm has provided the services being requested in this Request for Proposal.
• Team Experience
o Provide the names of key staff who contributed to relevant projects, along with a description of their specific responsibilities as they relate to the qualifications and scope of services. Include resumes of key individuals that would perform services under this contract with descriptions of education, experience, certifications, licensure and any professional designations.
 If the proposal involves collaboration with other organizations, clearly describe the roles and responsibilities of each collaborating entity and provide the staffing model for each organization.  If subcontractors will be used in addition to a lead organization, the subcontracted positions and duties shall be clearly identified and the resumes of proposed staff provided. If the proposer intends 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 consultant will employ to ensure that any subcontractor complies with the provisions of consultant’s contract with the City.
• References
o Provide a minimum of three (3) references from clients who have received similar services from the firm. The City of Richmond reserves the right to contact any of the listed organizations or individuals. The reference information provided shall include:
 Client name and contact information, including phone number, address, and email address.
 A description of the services provided, including the contract amount.
 Project start and end dates.

D. Cost Information
The budget narrative should detail the costs for the projected budget as tied to the

deliverables outlined in Scope of Services. Even if the method of payment to the proposer will be a fixed fee, a detailed cost breakdown shall be provided identifying:
• A detailed budget spreadsheet, including a not-to-exceed total budget amount, indicating the cost of each major element identified in the Scope of Services and including all direct and indirect project costs associated with the budget narrative and Scope of Services.
• The number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this project. • Sub-consultant services and filing fees support, if applicable.

These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

E. Contractor Assignment of Sub-Contract(s)
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Proposers 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 Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

F. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.

G. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment B). 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 City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new 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.

H. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. 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 be in 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.

Process for Submitting Proposals
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Question & Answer (Q& A) tab by 4:00 P.M. PST, Wednesday, August 6, 2025. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by Friday, August 8, 2025. 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 Councilmember, 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, www.ci.richmond.ca.us/bids. 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
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 4:00 P.M., PDT, on Monday, August 18, 2025. The City of Richmond reserves the right to waive inconsequential irregularities.

General Guidelines
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:
• Reject any or all proposals.
• Issue subsequent Requests for Proposal.
• Postpone the proposal opening for its own convenience. • Remedy technical errors in the Request for Proposal process. • Negotiate with any, all, or none of the respondents.
• Solicit best and final offers from all or some of the respondents. • Select one or more respondents.
• Accept a proposal other than the one with the lowest proposed fees. • 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, as shown in RFP Attachment A. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of the issuance of the Notice of Intent to Award and prior to the commencement of any

work on the Project.2
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.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment D) 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”).

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment C)
Limited Liability Company Disclosure Statement (LLCs)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

2 Please review the insurance requirements carefully, including coverage limits. These provisions can be complex and will require consultation with your insurance broker. Vendors may incorporate the cost of meeting the City’s insurance requirements into their proposed budget. Failure to meet insurance requirements is a common source of processing delays and may result in the City being unable to execute the contract.

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 requirements, do not meet minimum content and quality standards or take 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.

Applicants submitting proposals in response to this RFP are strictly prohibited from contacting or lobbying any City Councilmembers, review panel members, City employees (except for designated contacts specified in the RFP), or City agents regarding this solicitation. Any attempt to influence or circumvent the RFP process, application submittal, or review process may result in disqualification from consideration.

The highest-ranked proposals may be invited to deliver a presentation to the evaluation panel, either in person at a designated City office and/or via a video conferencing platform (e.g., Zoom), contingent on the City's direction. All presentation costs shall be borne by the proposer. The final selection will be based on the most cost-effective approach that meets the City’s requirements. The lowest-priced proposal will not necessarily be selected.

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 contract amount, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after 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. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Evaluation Criteria Points (Out of
100)
Percentage (%) Total
Service Methodology 40 40%
100
Points
Staffing, Experience, and
Qualifications
25 25%
Cost Proposal 25 25%
Quality and Completeness 10 10%
Methodology – 40 Points
The proposer’s responsiveness to the RFP, including the completeness and thoroughness of the proposal, will be evaluated. This category assesses the clarity, feasibility, and equity-centered design of the proposed approach to delivering services as outlined in the Scope of Work, including:
• Ability to provide services as outlined in the RFP.
• Approach and proposed methodology for executing the project scope, including how each major task will be implemented and managed.
• Demonstrated knowledge of the services required and the populations to be served.
• Clarity in describing the work plan, including deliverables, milestones, and coordination strategies.
• Use of innovative strategies and internal quality assurance measures to ensure timely and effective service delivery.
• Incorporation of cultural competency, trauma-informed practices, and a health and race equity lens throughout the proposed approach.
• Identification of potential challenges and thoughtful, proactive solutions. • Project timeline demonstrates feasibility of the scope of work, depth of proposed activities, and clear understanding of deliverables.
• Description of any special tools, resources, or strategies that strengthen the proposed methodology.

Staffing, Experience, and Qualifications – 25 Points
This category evaluates the respondent’s capacity to deliver the proposed services effectively and equitably, based on the qualifications of key personnel, organizational structure, and demonstrated experience managing similar scopes of work, including:

• Q
ualifications, relevant experience, and unique expertise of key personnel, including availability and time commitment.
• Organizational structure and staffing model, including an organization chart that clearly outlines team roles and responsibilities.
• Demonstrated understanding of the project’s goals and prior experience successfully delivering contracts of similar nature, scale, and complexity. • Evidence of the firm’s overall capacity to complete the work, including ability to manage multiple service components, meet deadlines, and maintain consistent progress throughout the contract period.

Cost Proposal – 25 Points
The proposed cost will be evaluated based on competitiveness, cost-effectiveness, and alignment with the proposed scope of services. The evaluation will also consider whether the proposed pricing structure is reasonable and commensurate with the level of services to be provided.

Quality and Completeness – 10 Points
The proposal demonstrates clarity, organization, attention to detail, and overall responsiveness. All submittal requirements are met, and the required information is provided in the specified format.

Interview and Demonstration Process
Upon request of the City of Richmond, vendors may be requested to give an oral presentation on the vendor’s proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should the proposal receive the award. The presentation shall be conducted at no cost to the City. The purpose of the presentation is to observe the service(s). in an operational environment and to verify its capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.

T
he City will schedule the presentation date, time, and location with the successful finalists. If the vendor fails to perform the demonstration on the specified date stipulated, the City may elect to reject the proposal or to re-schedule the demonstration in its best interest.

V
endors are not guaranteed an opportunity to present. Vendors may be eliminated from consideration based solely on their inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the service in conformance with the specifications and its decision shall be final.

Pre-Award Negotiations
After the proposals are opened but before an award is made, the City may elect to conduct negotiations with the highest-ranked respondent for the purpose of:

• Res
olving minor differences and obtaining additional information. • Clarifying necessary details and responsibilities.
• Emphasizing key issues and critical points.
• Receiving assurances from the respondent.
• Clarifying cost and budget-related matters.

If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Sel
ection may be made without further discussion, negotiations, or proposal presentations; therefore, the proposal shall offer the most favorable terms in response to this RFP. The proposal must demonstrate an understanding of the scope of services to be provided and the ability to accomplish the tasks set forth. The proposal shall include information that will enable the City to determine the overall qualifications of the proposer. The City reserves the right to request additional information or clarification on any matter included in the proposal response to arrive at the final award decision.

Award
Once the Review Panel has completed its evaluation, City staff will recommend at least three (3) respondents for award under the service categories of Immigrant Legal Services and Public Awareness Campaigns and Outreach to the City Manager and City Council for approval. The services provided by the selected vendors will be governed by the City’s Standard Services Agreement (Attachment B).

Attachments
A. Insurance Requirements
B. Standard Contract
C. Sanctuary City Compliance Statement
D. Sanctuary City Contracting Ordinance No. 12-18
E. Limited Liability Corporation (LLC) Resolution No. 86-21 F. Limited Liability Corporation Form
Sample
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -1 of 3
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for operations, and products and completed operations (if applicable ).

2. Ins
urance 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 it
s equivalent) and Auto Liability with primary and non-contributory language.

4. W
orkers’ 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. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.

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.

Attachment A
Sample
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -2 of 3
Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
construction management,
counselors, medical professionals,
hospitals, clinics, attorneys and
accountants, as may be required
by the City.

Architects and Engineers coverage shall be endorsed to include contractual liability.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability and Automobile Liability Insurance coverages.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
www.ci.richmond.ca.us/RiskManagement
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.

Cancellation Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Sample
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -3 of 3
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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

Subcontractors

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

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

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

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

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

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

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

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.

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.

Attachment B

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
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]:

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.

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: ________________________________________________ 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, 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.

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 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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

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

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or
maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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:

Attachment C
ORDINANCE NO. 12-18 N.S
AN ORDINANCE OF THE COUNCIL OF THE CITY OF RICHMON:P, CALIFORNIA,

ADOPTING A SANCTUARY CITY CONTRACTING AND INVESTMENT POLICY I The City of Richmond does ordain as follows:

SECTION 1. Title
This ordinance shall be known as the Sanctuary City Contracting and Invest11Jlent Ordinance.

SECTION 2. Definitions
1) "City" means the City of Richmond, California.
2) "Data Broker" (also commonly called information broker, information reseller, data aggregator, and information solution provider) means either of the following:
a) 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 businesses and government agencies; b) The aggregation of data that was collected for another purpose fro:m that for which it is ultimately used.
3) "Extreme Vetting" means data-mining, threat modeling, predictive risk analysis, or other similar service.
4) "ICE" means the United States Immigration and Customs Enforcement, and any subdivision thereof.
5) "Person or Entity" means any private natural person, corporation, institution, subsidiary, affiliate, or division under operating control of such person; the parent entities that have operating control over such person, and the subsidiaries, affiliates and divisions under operating control of such parent entity. Government entities, officers and employees are expressly excluded from this definition.

SECTION 3. Prohibition on Use of City Resources
1) No officer, employee, department, board, commission, City Council, Cit;y Manager, or other entity of the City shall enter into a new, amended, or extended contract or l;lgreement with, any Person or Entity that provides ICE with any "Data Broker" or "Extreme Vetting" services, as defined herein, unless the City Council makes a specific determination that no reasonable alternative exists, talcing into consideration the following:
a) The intent and purpose of this ordinance;
b) The availability of alternative services, goods and equipment; and c) Quantifiable additional costs resulting from use of available alternatives. 2) All public works, construction bids, requests for information, requests for proposals, or any other solicitation issued by the City shall include notice of the prohibition listed above. 3) For the purpose of determining which Person or Entity provides ICE with Data Broker or Extreme Vetting services, the City Manager shall rely on:
a) Information published by reliable sources;
b) Information released by public agencies;
Ord.No.12-18 N.S.

Attachment D

Attachment E
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held July 6, 2021, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Approved:

THOMAS K. BUTT
Mayor
Approved as to form:

TERESA STRICKER
City Attorney
State of California
County of Contra Costa
City of Richmond
}
}
Councilmembers Jimenez, Martinez, McLaughlin, Willis,
and Vice Mayor Johnson III.

Councilmember Bates and Mayor Butt.

None.

None.

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
: ss.

I certify that the foregoing is a true copy of Resolution No. 86-21, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on July 6, 2021.

Pamela Christian, Clerk of the City of Richmond
Disclosure Statement for Limited Liability Companies
This Statement Shall be included with all Bid and Proposal Submissions Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.

If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual people is disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________
N
ame: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
Attachment F