REQUEST FOR PROPOSALS (RFP)
ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR THE
CITY OF ALAMEDA, CALIFORNIA
ELECTRONIC PROPOSALS MAY BE SUBMITTED TO
[email protected]
UNTIL THE HOUR OF
4:00 P.M., Monday August 17, 2026
Request for Proposals
Economic Development Strategic Plan
i
TABLE OF CONTENTS
TABLE OF CONTENTS……………………………………………………………………….. i
NOTICE INVITING PROPOSALS ....................................................................................ii
1. INTRODUCTION....................................................................................................... 3 A. Purpose.................................................................................................................... 3 B. Background.............................................................................................................. 4
2. SCOPE OF WORK ................................................................................................... 6 Task Area A: Evaluation of Current Conditions and Trends ........................................ 6 Task Area B: Stakeholder Engagement …………………………………………………. 7 Task Area C: Develop an Economic Development Strategic Plan .............................. 7
3. PROPOSAL SUBMISSION INSTRUCTIONS & EVALULATION............................. 9 A. Required Content................................................................................................... 9 B. Submission Instructions....................................................................................... 11 C. Anticipated Selection Process ............................................................................. 11 APPENDIX A: SAMPLE PROFESSIONAL SERVICES AGREEMENT ....................... 14 APPENDIX B: INSURANCE REQUIREMENTS............................................................15 Request for Proposals
Economic Development Strategic Plan
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that Requests for Proposals (RFP) are invited by the City of Alameda, California for preparation of the Economic Development Strategic Plan in strict accordance with the requirements listed in the Request for Proposal.
The City of Alameda is seeking a firm with significant experience in developing an Economic Development Strategic Plan. The strategy will provide a road map for the City in determining where to allocate resources and identify priorities over a five-year period in business attraction, retention, and expansion.
Proposal forms and requirements are available on the City’s main BID page https://www.alamedaca.gov/BUSINESS/Bid-on-City-Contracts and must be submitted via email to [email protected] up to but not later than, Monday, August 17, 2026, at 4:00 p.m.
The City reserves the right to reject any and/or all proposals received.
Contact Information
Dwayne Dalman
Economic Development Division Manager
(510) 747-6894
E-mail: [email protected]
DISCLAIMER: The City does not assume any liability ofresponsibility for errors/omissionsin any document transmitted electronically.
Dated: July 9, 2026
CITY CLERK OF THE CITY OF ALAMEDA
Request for Proposals
Economic Development Strategic Plan
3 1. INTRODUCTION
A. Purpose
The City of Alameda (The City) is seeking a firm with significant experience in developing an Economic Development Strategic Plan (Plan). The strategy will provide a road map for the City in determining where to allocate resources and identify priorities over a five-year period in business attraction, retention, and expansion. The strategy is to be fact based and market-disciplined, draw from international best practices, and is to include specific action items geared towards creating new job opportunities, encouraging entrepreneurship and innovation, enhancing fiscal sustainability, investing in catalyst commercial and development areas, and increasing private investment throughout the City.
The Plan is to replace the previous 2018 Economic Development Strategic Plan in a way that moves Economic Development forward to meet current as well as future needs and priorities. The selected firm will provide a work plan and roadmap for implementing recommended strategies and establishing metrics in which to measure the outcomes. The selected firm will be one that has demonstrated experience in preparation and implementation of successful local economic development strategic plans in the San Francisco Bay Area.
B. Background
The City of Alameda is an island community centrally located in the San Francisco Bay Area, directly across the bay from San Francisco and adjacent to the communities of Oakland and Berkeley. Alameda contains walkable and bike-friendly neighborhoods, locally owned shops and restaurants in thriving historic retail districts. The city is home to three top-tier business parks with concentrations in the life sciences, clean and green tech including advanced manufacturing and energy innovation, and blue tech/maritime sectors.
The Research Park at Marina Village contains 1.4 million sq. ft. of multi-tenant life science, office, and R&D facilities and is home to over forty life science and research companies. Harbor Bay Business Park contains 2.0 million sq. ft. of space with more than 24 acres of fully entitled land available for immediate development on the waterfront and only minutes from Oakland International Airport. It is home to companies such as Abbot Diabetes Care, Exelixis, Penumbra, Peet’s Coffee and Semifreddi’s. Lastly, Alameda Point (former Alameda Naval Air Station) contains 852 acres of a former Naval Air Station, with approximately 500 acres for lease or development opportunities in partnership with the City, including 2 million square foot of existing, Navy-era heavy industrial and warehouse facilities with stunning views of the Bay and the San Francisco skyline. Alameda Point is home to Blue Tech and Clean Tech companies such as Pyka, Saildrone, Navier, Astra Space and Kairos Power as well as various breweries, distilleries, and eateries.
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Economic Development Strategic Plan
4 In addition to business parks, Alameda is also home to two successful small business districts and corridors and two major retail centers. Downtown Alameda Business District, along and adjacent to the Park Street corridor, contains over 1,000,000 square feet of commercial and retail space and is anchored by a 356,000 sq. ft., restored art deco movie theater. West Alameda Business District, along and adjacent to the Webster Street corridor, contains 205,000 sq. ft. of locally owned shops, cafes, and a vibrant arts scene. South Shore Shopping Center is a 594,000 sq. ft., open air shopping center with Safeway, Trader Joes, and Kohls as anchors. Lastly, Alameda Landing is a 285,000 sq. ft. shopping center containing Target, Safeway, In-N-Out Burger, and a variety of restaurants and other retailers.
Alameda is a commuter friendly city, with accessibility by bike, AC Transit, SF Bay Ferry, BART, Amtrak, bicycle, highway and airplane. Bay Area Rapid Transit (BART) has two BART stations within one mile of the island, with direct, frequent AC Transit bus connections throughout the Island. Three Ferry stops connect Alameda with 15-minute direct service to downtown San Francisco, Oracle Park, the Chase Center, Pier 41, South San Francisco, and Oakland. AC Transit has express Transbay bus service to and from San Francisco and high frequency bus service within Alameda to and from Oakland. Oakland International Airport is just 6.7 miles away from downtown Alameda and less than 15 minutes by car from major business parks. Amtrak Station and the Capitol Corridor Line are less than 5 miles away, and residents of Alameda enjoy over 22 miles of bike lanes throughout the city.
In addition to transportation and location benefits, Alameda businesses benefit greatly from a business-friendly power structure that no other City in the Bay Area has - Alameda Municipal Power (AMP). AMP is a community-owned electric utility that has been serving the needs of Alameda residents and businesses for more than 130 years. AMP offers 100% clean, renewable energy, with rates that are 35% below neighboring communities, and with 50% fewer power outages compared to other Bay Area utilities. In addition to savings on electrical rates, AMP offers businesses the ability to add the power needed for new construction and expansion.
Previous Strategic Plan
In 2018, the City Council adopted the existing Economic Development Strategic Plan (EDSP), which was designed to guide the City’s economic development activities over the following five to ten years. The EDSP served as Alameda’s roadmap to achieve economic growth, and to improve the quality of life for residents and employees. The overall goal of the EDSP at that time was to focus limited City resources for economic development on the business sectors in which Alameda was an attractive option, there was room for growth, and they complemented Alameda’s long-term goals.
When the EDSP was developed, there were ten priority areas that were identified to support Alameda’s economic resiliency. The priority areas were divided into two major categories:
Business sectors identified as opportunities for growth
1. Life Sciences
2. Clean Tech, Green Tech, High Tech
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Economic Development Strategic Plan
5 3. Blue Tech and Maritime
4. Retail and Restaurants
5. Tourism/Hospitality
6. Artists and Small Manufacturers
Critical services to support the retention, expansion and growth of businesses in Alameda
1. Transportation Choices
2. Housing
3. Workforce Development
4. City Services and Policy Documents
EDSP Assessment
The Strategic Plan called for common activities across all six of the sectors. These activities included the following activities:
• Develop marketing materials to promote the sector
• Identify sites available for future location of businesses in these sectors • Identify resources available to assist these sectors
• Implement a workforce plan to assist with recruiting and retaining employees for these sectors
• Host annual networking events to promote existing companies in these sectors The majority of the activities listed above were completed, except for the development of a workforce plan. It should also be noted that the attraction effort for the Tech sector did not include industry specific marketing material and outreach. In addition to the common activities listed above, the Strategic Plan called for specific actions to expand opportunities in the retail/restaurants sector, the hospitality sector and for artists/small manufacturers.
Existing Economic Development staff were not with the department when the existing Economic Development Strategic Plan was initially implemented. However, based on the status of the six business sectors as well as the critical service areas, the following assessment will serve to gain a better understanding of the success of the previous plan.
Business Sectors
Since the EDSP was created, there has been growth in the life science and tech sectors, which in part point to the successful implementation of the plan. In addition, there has also been growth in the retail and restaurant sectors. However, there has not been significant growth in the tourism/hospitality and artists and small manufacturers sectors.
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Economic Development Strategic Plan
6 Critical Services
At the time that the EDSP was implemented, there was insufficient staff and resource partners to produce a significant impact on the critical services listed in the plan. These conditions still exist currently. The one critical service area that is being improved is permit streamlining, which falls under the city services and policy documents category.
The City is now at the stage where it needs to move to a new Strategic Plan to meet the needs of Alameda and the Economic Development program over the next five years. The new Strategic Plan will include assembling and analyzing data to develop policies, actions, and a roadmap to guide future economic development activities over the next five years. It is anticipated that the new Strategic Plan will cover the following content:
2. SCOPE OF WORK
The scope of work set forth in this Request for Proposals (RFP) represents an outline of the services to be performed and is presented for the primary purpose of allowing the City to compare proposals. The final scope of services to be incorporated into the Professional Services Agreement shall be negotiated between the City and the selected firm. The scope of services is provided as a framework to begin with, NOT limit your proposal, and it is encouraged to evaluate the proposed scope of services and recommend/provide revisions to achieve a better final product.
The following section identifies tasks that will be the focus of the scope of services agreement and the anticipated work tasks in preparation of an Economic Development Strategic Plan for the City of Alameda. The tasks identified do not represent a complete and exhaustive list of the tasks that may be necessary in the preparation of a comprehensive plan, nor are all tasks required if recommended otherwise. Bidders are encouraged to expand on the Scope of Work to demonstrate expertise. The anticipated work tasks will be done in coordination with City staff.
The successful proposal will include the following tasks within the City’s time and budget constraints to inform the Economic Development Strategic Plan.
A. Evaluation of current conditions and trends
• Review existing economic development programs and incentives. • Conduct a Strengths, Weakness, Opportunities, and Threats (SWOT) analysis of the City’s competitive position.
• Identify the fastest growing and most competitive industries in Alameda compared to Alameda and Contra Costa counties using quantitative analysis and broker interviews.
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7 • Complete an inventory of existing space available for retail, office, industrial, lab space and R & D to include asking rents, total square footage, and vacancy rates. Include sub-areas of Downtown Alameda Business Association, West Alameda Business Association, Harbor Bay, Marina Village and Alameda Point subdistricts. • Analyze sales and TOT tax trends per district as compared with the County and East Bay.
• Analyze housing costs and multi-family rents compared to Contra Costa and Alameda counties.
• Conduct a general assessment of water, sewer and electrical rates to determine competitive advantages/disadvantages.
• Compare above information with Alameda and Contra Costa counties to determine competitive advantages/disadvantages.
B. Stakeholder engagement
Consultant will develop and execute a stakeholder engagement plan to solicit thoughtful participation and input from stakeholder groups and key individual stakeholders. Stakeholders include the following:
1. Members of the Alameda Mayor’s Economic Development Advisory Panel
2. Advisory group made up of members from the Alameda Chamber of Commerce, the Downtown Alameda Business Association and the West Alameda Business Association
3. Advisory group made up of tenants and business owners of Alameda Point
4. Advisory group made up of developers and brokers active in the Alameda community
5. Advisory group made up of members of the arts community.
6. One-on-one major commercial owners and developers in Harbor Bay, Research Park at Marina Village, Alameda Point and the Northern Waterfront
C. Develop an Economic Development Strategic Plan
Background
• Given current economic conditions, determine whether the six business sectors previously identified are still opportunities for growth to be focused on and whether there are more nuanced NAICS codes / industries that require more targeted focus. Identify which industries to continue to target and develop attraction strategies and a roadmap to follow tied to the individual sectors. Identify within this the extent to which the focus should be on retention and growth versus attraction.
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8 • Given existing staff resources and budgets, determine the role economic development staff can play in the four previously listed critical services categories and determine which service categories to continue to focus on.
Identification
Based on the information and understanding gained from the evaluation of Alameda’s current conditions and trends, the stakeholder groups and the background evaluation described above, develop an Economic Development Strategic Plan that:
• Identifies industry best practices for utilizing data in developing programs, allocating resources and in making decisions.
• Compares the City’s current development project processes, including setting fees, taxes, rates, and incentives to regional best practices, and provide recommendations to City staff for improvement.
• Identifies best practices for developing and enhancing strategic partnerships with entities such as county government, trade associations, business groups, schools, labor unions, etc.
• Defines the City’s role in workforce development, including the development of strategies to enhance educational opportunities and job training, and the required relationships with trade and professional schools and higher education.
Specific plans
The Strategic Plan should also include specific plans to:
• Support small businesses and foster entrepreneur development. • Support business attraction for targeted sectors.
• Support business retention and expansion.
• Include an Economic Development Marketing Plan that is multi-pronged and includes, but is not limited to, the creation of branding, campaigns, collateral, and website and social media content.
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Economic Development Strategic Plan
9 Final components
Finally, the Plan should include the following components:
• A road map for any necessary modifications to the Economic Development Work Plan within the resources provided, and alternatives requiring more resources, with costs and benefits.
• A plan for telling the story of the Economic Development program, activities and successes internally and externally.
• An explanation of the important economic development roles tangentially assumed by other City departments (eg AMP, planning, building, public works, police)
• Identify appropriate economic development performance tracking metrics and methods and the cadence for performance monitoring by metric (quarterly, annually, biannually, every 5 years).
• Identify priorities and resources necessary for implementing recommendations. • Provide recommendations for the frequency of future Economic Development Strategic Plan updates.
3. PROPOSAL SUBMISSION INSTRUCTIONS & EVALUATION
A. Required Contents
To be deemed responsive and passed to the evaluation phase, all bidders must submit proposals containing the following elements to [email protected].
A. Cover Letter
• The bidder must submit a cover letter of no more than two (2) pages signed by an official authorized to solicit business and enter into contracts for the proposing firm.
B. Firm Qualifications
• Provide a general description of the prime firm proposed to lead the effort. • Describe the firm’s history and qualifications to conduct the services described in the scope of work.
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Economic Development Strategic Plan
10 • Identify any other firms, subconsultants and or individuals proposed to make up your team. Based on your understanding of the project, include an explanation of how this team will be organized and managed. • Describe any potential conflicts of interest.
C. Key Project Personnel and Qualifications
• Provide names of all key project personnel, including subconsultants, along with their job titles, duties, responsibilities, and estimated number of hours they will expend and a summary of their relevant experience. • Provide an organizational plan and/or organizational chart to identify all key personnel and their respective working relationships.
• Provide brief biographies and resumes demonstrating the experience for all staff making up the proposed team.
• Should the use of subconsultants be offered, provide the resumes of subconsultant key personnel. Subconsultant shall not be allowed to further subcontract with others for work.
D. Related Project Experience Highlights & References
• Describe at least three successful projects of a similar nature completed by your team members. Each project description shall include:
o Client Name
o Contact Person and information
o Brief description of the services provided including dates o Include a description of how the projects are relevant to the scope of work E. Technical Approach
• Provide a narrative description of how you propose to accomplish the preparation of the Economic Development Strategic Plan and each of the task areas.
• Describe the content and format of the Plan and which subconsultants, if any, will take the lead of the various components.
• Outline the potential challenges you feel need to be addressed based on the proposal information that has been provided.
• Provide specific examples of similar type work that the project team has had in the last five years.
• Highlight specific methods or technical capabilities that may differentiate your proposal from other teams.
F. Project Schedule
• Provide a statement and project schedule detailing scope of work completion. Assume two-week review periods by City staff. It is the City’s preference to expedite and aggressively complete the scope of work. A City Council Strategic Planning workshop is scheduled for January, 2027. It is staffs desire to share the Evaluation of Current Conditions & Trends as well as the Request for Proposals
Economic Development Strategic Plan
11 Background data sections with the City Council at that time.
G. Services Agreement
• Provide written statement of any exceptions Bidder has to provisions of the Professional Services Agreement attached in the Appendices, and must provide alternative proposed language as part of the RFP.
H. Cost Proposal
• It is anticipated that the budget for the Strategic Plan will be up to $250,000.
Bidders to provide an overall project budget as well as a budget summary for each of the following main sections:
o Evaluation of current conditions and trends
o Stakeholder engagement
o Strategic PlanBackground section
o Strategic Plan Identification section
o Strategic PlanSpecific plans section
o Strategic Plan Final component section
A budget summary for each section will allow staff to fine tune the project if needed from a budget perspective.
B. Submission Instructions
All proposals must be submitted electronically to [email protected] on or before 4:00 P.M. PST on August 17, 2026: All submissions become the property of the City of Alameda.
C. Anticipated Selection Process
RFP Schedule of Events
The schedule of events set out herein represents the City of Alameda’s best estimate of the schedule that will be followed. The City of Alameda reserves the right to amend the schedule below as necessary. All referenced times are in Pacific Standard Time (PST).
Schedule of Events
Issuance of RFP July 9, 2026
Submission of Questions July 27,2026
Questions Answered July 30,2026
RFP proposal due date August 17, 2026
Evaluation team review of proposals received August 17-September 2 Oral Interviews/ Presentations* September 3 – September 8 Notification to selected firm of City of Alameda’s intent to award*
September 9, 2026
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Economic Development Strategic Plan
12 City Council consideration of agreement with selected firm* October 20, 2026 Commencement of contract* October 21, 2027
*subject to adjustment
Evaluation Criteria
Members of an evaluation team comprised of City staff and the Alameda Mayor’s Advisory Panel will analyze each proposal. The evaluation team may choose to interview top firms.
Proposals will be evaluated using the following technical criteria.
Technical Criteria Points
1 Clear understanding of the project requirements and work to be performed 25 2 Quality of staff and staffing plan, inclusive of subconsultants (Relevant experience and technical competence of the prime consultant and their proposed subconsultants, the personnel assigned to this project, and the degree of participation in the project by the
key personnel)
20 3 Recent experience with similar kinds of projects, references 20 4 Proposed fee structure – cost competitiveness and value to the city 20 5 Degree of promptness and commitment with which the consultant can commence and complete the work with demonstration of an aggressive and shorter project schedule completion date
10 6 The responsiveness and overall quality of the technical proposal 5 Submission of Questions or Request for Clarification:
Written questions and requests for clarifications on this solicitation must be submitted via email to Dwayne Dalman at [email protected] by July 27, 2026.
Contract Negotiations & Notice of Intent to Award
Note that when a consultant has been selected to perform the services, negotiations will be initiated. The City expects engagement negotiations to be brief. If the agreement cannot be negotiated quickly with the selected Consultant, the City may, in its sole discretion, terminate negotiations and commence engagement with another party.
Once the evaluation committee has successfully negotiated a proposal with a “prime”, City staff will send the successful bidder a notice of intent to award and three (3) original Professional Services Agreements. Upon receiving these documents, the successful bidder shall sign all three (3) Agreements and return them to City within five (5) business days. All insurance documentation is to accompany the Agreements.
Professional Services Agreement and Insurance Documentation Requirements A sample Professional Services Agreement is provided in Appendix A. Firm(s) shall Request for Proposals
Economic Development Strategic Plan
13 comply with the insurance requirements listed in Appendix A - Services Agreement, Exhibit D – Insurance Requirements. Please review the insurance requirements carefully. These are non-negotiable and must be acceptable by submitting firms as written.
Final Determination
The evaluation committee will forward its recommendation for the contract award along with 3-signed contracts to the Alameda City Council. After review and consideration of this recommendation, the City Council has the discretion to: 1) award the contract based upon the staff recommendation, or 2) reject all proposals. City Council meetings convene on the first and third Tuesdays of each month at 7 p.m. in the City Council Chamber at 2263 Santa Clara Avenue.
Cancellation of RFP
The City of Alameda reserves the right to cancel the RFP at any time without prior notice and to adjust the RFP schedule. The City is not liable for any cost incurred in the preparation of the proposal.
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14 Appendix A: Sample Professional Services Agreement
[Provider Name] 1 Version 7-1-26
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of _________, 20__ (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and COMPANY, a (California corporation, LLC, LP, GP, sole proprietor/individual), whose address is ADDRESS (“Provider” or “Contractor”):
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services:
_________________________________.
[Concerning the City's need for services or materials, City staff (a) published a notice in a newspaper of general circulation requesting bids or proposals at least 10 days before the opening of the bids or proposals, (b) reached out to service or material providers on the City's bidders list, and (c) reached out to other interested suppliers.] [City staff published a notice in the newspaper on DATE and, after a submittal period of NUMBER of days, received NUMBER of timely submitted bids or proposals and selected the service provider that best meets the City's need for services or materials] OR [City staff interviewed qualified firms on the City's bidders list or other interested suppliers who had provided proposals to the City concerning the City's need for services or materials and selected the service provider that best meets the needs of the City.] [With the written approval of the City Manager/City Attorney, City staff selected the service provider on a sole source basis (provide the justification for sole source selection).] C. [Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.][Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.] D. [NOTE: If City staff seek to enter into an initial contract with a vendor to perform one phase of a project, and may also seek to enter into a subsequent contract with the vendor for a later phase of the same project, the initial contract must include this recital: Provider’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Provider’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Provider shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Provider pursuant to this Agreement.] [Provider Name] 2 Version 7-1-26
E. [Whereas, the City Council authorized the City Manager to execute this agreement on ___________________.]
F. The City and Provider desire to enter into an agreement for ________________, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
AGREEMENT
1. TERM:
The term of this Agreement shall commence on the ____ day of _______ 20__, and shall terminate on the ___ day of ____________ 20__, unless terminated earlier as set forth herein. [The parties may agree to extend the term of this Agreement on a year-by-year basis, for up to xxxx (x) additional years. Any extension shall be documented in a signed amendment. In the event that the parties agree to extend the Agreement, all provisions of the Agreement shall remain unchanged [ with the exception that the compensation shall be adjusted by the Consumer Price Index for the San Francisco Bay area as reported by the U.S. Department of Labor, Bureau of Labor Statistics for the previous calendar year.][ with the exception that the compensation shall be adjusted by the Construction Cost Index for the San Francisco Bay Area as reported in the Engineering News Record for the previous calendar year for the trade(s) associated with the services or tasks.][Other: Describe any compensation escalator.]
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule [as set forth in this Section 3.][as set forth in Exhibit B and incorporated herein by this reference.] Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis [as set forth in this Section 3.][as set forth in Exhibit B.] b. [If you wish to encumber department funds for the aggregate amount of the contract compensation, then state: The total five-year compensation for this Agreement shall not exceed $XXX,XXX. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.]
[Provider Name] 3 Version 7-1-26
[If you wish to encumber department funds annually in the same amount, or if you are doing a contract with one-year extensions, then state: Compensation for this contract shall not exceed $XX,XXX per year, for a total five-year compensation not to exceed $XXX,XXX. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City]
[If the compensation is to be encumbered annually, but in different amounts because of an escalator then state: Compensation for work done under this Agreement, shall not exceed as follows:
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
Total five-year compensation shall not exceed $XXX,XXX] Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance of this Agreement. Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. Provider shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
[Provider Name] 4 Version 7-1-26
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall be acquired by virtue of Provider’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 Provider, 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 employeremployee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and 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. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees (as defined in Section 9, below) from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such nondiscrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“City Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of the operations conducted by Provider even if City Indemnitees are alleged to have been [Provider Name] 5 Version 7-1-26
negligent. If the Claims filed against City Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider 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 Provider. Provider shall not have any obligations to indemnify City Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of City Indemnitees. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless City Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (6). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’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 Alameda. Attention: Risk Manager.”
Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement 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. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
[Provider Name] 6 Version 7-1-26
(1) Workers’ Compensation:
Statutory coverage as required by the State of California, as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 shall be considered equivalent to the required minimum limits shown above.
Provider shall also submit declarations and policy endorsements pages. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
[(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim
Technology professional liability errors and omissions shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Provider. If not covered under Provider’s liability policy, such “property” coverage of the City may be endorsed onto Provider’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, [Provider Name] 7 Version 7-1-26
alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.] [(5) Cyber Liability:
Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
(6) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. .]
As to commercial general liability and automobile liability insurance, such insurance shall provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City. c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider 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 Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy [Provider Name] 8 Version 7-1-26
if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
The additional insured coverage under the Contractor’s policy shall be primary and noncontributory and shall not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the City Indemnitees or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. CONFLICT OF INTEREST:
Provider represents that it has no known relationships with third parties, City Council members, or employees of City which would 1) present a conflict of interest with the rendering of services under this agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law; 2) prevent Provider from performing the terms of this Agreement; or 3) present a significant risk of disclosure of confidential information.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this [Provider Name] 9 Version 7-1-26
Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent.
b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement. Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub-providers 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.
b. Each sub-provider 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 Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.”
d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee [Provider Name] 10 Version 7-1-26
may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Provider’s operations and services performed under the Agreement. In the event of such audit, Provider agrees to provide the City with reasonable access to Provider’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Provider an opportunity to discuss and respond to any findings before a final audit report is filed. b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, 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 Agreement (collectively the “Records”). c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider 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 Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment. d. 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 Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and 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 17.
b. 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).
c. 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. [Provider Name] 11 Version 7-1-26
d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Base Reuse and Economic Development Department
950 West Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: [Title]
Ph: (510) [xxx-xxxx]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
[Provider Name]
[Department]
[Address]
[City, State, zip]
ATTENTION: [Title]
Ph: (xxx) [xxx-xxxx]
Email address: [For insurance purposes only]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
[Department]
[Address]
Alameda, CA 94501
ATTENTION: [Name/Title]
Ph: (510) [xxx-xxxx] / Email
18. SAFETY:
a. Provider shall be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement shall apply continuously and not be limited to normal working hours. In addition, Provider shall comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements shall be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth herein. b. Provider shall immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider shall promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of [Provider Name] 12 Version 7-1-26
Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19(c) shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges and agrees 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. Provider also acknowledges and agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
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23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 33, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement 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 Agreement shall be effective only by written execution signed by both the City and Provider.
26. PREVAILING WAGES:
Provider acknowledges the requirements of, and agrees to comply with, California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. [Provider Name] 14 Version 7-1-26
28. COUNTERPARTS:
This Agreement 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.
29. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
30. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
31. [NONDISCRIMINATION – FEDERAL REQUIREMENTS:
a. Provider certifies and agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provider’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law.
(iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representative of Provider’s commitments under this paragraph.
[Provider Name] 15 Version 7-1-26
(iv) Provider certifies and agrees that it shall deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.
(v) In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Provider has violated state and federal anti-discrimination laws shall constitute a finding by the City that Provider has violated the antidiscrimination provisions of Agreement. c. The parties agree that in the event Provider violates any of the anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.
e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination [Provider Name] 16 Version 7-1-26
under any program or activity funded in whole or in part with funds made available under this title.
(iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities, including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.]
32. [NONDISCRIMINATION – HUD REQUIREMENTS:
a. Provider certifies and agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
[Provider Name] 17 Version 7-1-26
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provider’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law.
(iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representative of Provider’s commitments under this paragraph.
(iv) Provider certifies and agrees that it shall deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.
(v) In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Provider has violated state and federal anti-discrimination laws shall constitute a finding by the City that Provider has violated the antidiscrimination provisions of this Agreement. c. The parties agree that in the event Provider violates any of the anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable [Provider Name] 18 Version 7-1-26
regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.
e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
(iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. EMPLOYMENT AND CONTRACTING OPPORTUNITIES
(i) Section 3. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Department and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project. (ii) The parties to this Agreement shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of the Housing and Urban Development set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
[Provider Name] 19 Version 7-1-26
(iii) Provider shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (iv) Provider shall include this Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. Provider shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R.
Part 135 and shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (v) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, is a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135.
C. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
[Provider Name] 20 Version 7-1-26
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.]
33. [RESTRICTIONS ON LOBBYING – FEDERAL REQUIREMENT:
This Agreement is subject to 24 C.F.R. 87 which prohibits the payment of Federal funds to any person for influencing or attempting to influence, any public officer or employee in connection with the award, making, entering into, extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or agreement.]
34. MULCH PROCUREMENT REQUIREMENTS
Providers of landscaping maintenance, renovation, and construction shall:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
b. Maintain the following records for compost and SB 1383 eligible mulch and submit to the City upon request:
(1) General description of how and where the product was used and applied; (2) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the compost and/or SB 1383 eligible mulch were procured;
(3) Type of product
(4) Quantity of each product; and,
Invoice or other record demonstrating purchase or procurement.] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[Provider Name] 1 Version 7-1-26
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
COMPANY CITY OF ALAMEDA
a (California corporation, LP, LLC, a municipal corporation GP, sole proprietor/individual)
NAME Gerry Beaudin
TITLE City Manager
RECOMMENDED FOR APPROVAL
NAME
TITLE
Abigail Thorne-Lyman
Director, Base Reuse and Economic
Development
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or PROVIDERS FORM B This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
REF:
The City of Alameda, its City Council, boards and commissions, officers & employees are additional insured for work done on their behalf by the named insured.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER
INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE
SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION
AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELED FOR NONPAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
POLICY NUMBER: COMMERCIAL AUTO
CG 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are “insureds” under the Who Is An Insured Provisions of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: Countersigned By:
(Authorized Representative)
Named Insured:
SCHEDULE
Name of Person or Organization:
City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
REF:
The City of Alameda, its City Council, boards and commissions, officers, employees and volunteers are additional insured for work done on their behalf by the named insured.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELED FOR NONPAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
CA 20 48 02 99
Request for Proposals
Economic Development Strategic Plan
15 Appendix B: Insurance Requirements