DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
GRANT AGREEMENT
BETWEEN THE CITY OF OAKLAND
AND CITY OF EMERYVILLE
This Grant Agreement (the "Agreement") is made and entered into by and between the City of Oakland, a municipal corporation (the "City"), and City of Emeryville, a municipal corporation ("Grantee") (collectively the "Parties").
RECITALS
This Agreement is entered into upon the basis of the following facts, understandings and intentions of the City and Grantee:
A. The City Council, pursuant to Resolution No. 89300 C.M.S., has allocated grant funds in an amount not to exceed fifty thousand dollars ($50,000) to Grantee to fund its community- related programs and activities as specified herein.
B. The City wishes to enter into this Agreement with Grantee to provide paratransit services for qualified Oakland residents that reside in the common 94608 zip code through the City of Emeryville's 8 To Go transportation program.
NOW, THEREFORE, the Parties to this Agreement covenánt as follows:
1. Effective Date
This Agreement shall become effective on the date it is executed by all Parties. If the Agreement is not executed by all Parties on the same date, the Agreement shall be effective on the date it is last executed by a Party.
2. Grant
Subject to the terms and conditions of this Agreement, the City agrees to provide a grant of funds to Grantee in an amount up to fifty thousand dollars ($50,000) (the "Grant").
3. Scope of Work
As a condition of this Grant, Grantee must diligently and in good faith perform the community-related work, services, and activities ("Work") specified in the Scope of Work attached to this Agreement as Schedule A and incorporated herein by reference.
Grantee shall designate an individual who shall be responsible for communications with the City for the duration of this Agreement. The Project Manager for the City shall be Kim Burrowes.
1 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
4. Agreement Documents and Provisions
Crane cal perconi or a an this the pent mance of that her thip green in addition to City of Oakland rules, regulations and policies and applicable federal and state laws.
5. Time of Performance
The time for performance under this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 ("Term").
6. Method of Payment
Grantee shall be paid for the performance of the Work set forth in Schedule A in accordance with the program budget in Schedule A. Payments shall be based on actual eligible costs, fees and expenses incurred by Grantee for the Work but shall not exceed the Grant amount.
Payments will be due upon completion of the Work or as otherwise specified in Scope of Work or the Budget. Grantee shall submit an invoice accompanied by an itemization of expenditures submitted for reimbursement prepared on the City's expense forms. Invoices shall include a description of the Work completed, itemized costs, fees and expense and the "amount due.
Each request for payment shall include a description of the Work completed, a report detailing the clients served under this Agreement, the current status of their cases, and aggregate results to date. If Grantee's performance is not on pace to meet or exceed performance goals under this Agreement, Grantee shall provide an explanation for not meeting performance goals and a detailed plan to increase client service levels for the remainder of the Term of this Agreement in order to meet performance goals.
The documents submitted will be reviewed and approved for payment by the Project Manager. The City shall have sole and absolute discretion to determine the sufficiency of supporting documentation for payment. Determination of satisfactory completion of the Work will be based on an overall assessment of the progress Grantee has made towards achieving the goals of the Agreement and the performance measures.
All authorized obligations incurred in the performance of the terms of this Agreement must be reported to the City within 30 days following the completion or termination of this Agreement. No claims submitted after the 30-day period will be recognized as binding upon the City for payment. Any obligations and/or debts incurred by Grantee and not reported to the City within the 30-day period become the sole liability of Grantee, and the City shall be relieved of any and all responsibilities.
2 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
7. Prompt Payment
This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse Grant funds to Grantee within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a "disputed invoice" within the meaning of the Prompt Payment Ordinance. Under the Ordinance, a "disputed invoice" is an invoice or request for payment that is either (1) improperly executed by Grantee, (2) contains errors, (3) requires additional evidence to determine its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the City or another grant funding source. If a request for payment is "disputed", the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify Grantee and the City's Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if the funding source for the Grant requires that the disputed expenditures be fully resolved prior to any disbursement of Grant funds. If the funding source for the Grant requires its review and approval before payments are made to Grantee, this period shall be suspended for any period of review by said agency. If any amount due by the City to be disbursed to Grantee pursuant to this Agreement is not timely paid in accordance with the Prompt Payment Ordinance, Grantee is entitled to interest penalty in the amount of 10% of the improperly withheld amount per year for every month that payment is not made, provided that Grantee agrees to release the City from any and all further claims for interest penalties that may be claimed or collected on the amount due and paid. Grant recipients that receive interest penalties for late payment pursuant to the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity.
The Prompt Payment Ordinance further requires that, unless specific exemptions apply, Grantee shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless Grantee notifies the City's Liaison in writing within five business days that there is a bona fide dispute between Grantee and claimant, in which case Grantee may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City's Liaison and, and upon the filing of a compliant, Grantee, if opposing payment, shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Grantee fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Grant payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Grantee is not allowed to retain monies from subcontractor payments for goods as project retention and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the 3 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 City's website, Grantee is required to file notice with the City of release of retention and payment of mobilization fees, within five business days of such payment or release; and Grantee is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five business days following receipt of payment from the City. The affidavit shall provide the names and address of all subcontractors and the amount paid to each.
8. Evaluation, Monitoring and Reporting
Grantee shall be monitored and evaluated by the City in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Scope of Work. Grantee shall undertake continuous quantitative and qualitative evaluation of the Scope of Work as specified in this Agreement and shall make written reports on the results of such evaluation to the Project Manager as reasonably requested by the Project Manager.
In addition to the financial requirements described elsewhere in this Agreement, Grantee agrees that authorized representatives of the City may perform fiscal monitoring of Grantee's record-keeping and reporting to assure compliance with this Agreement.
9. Program Income
Any funds received as return of costs or as income generated from activities funded by this Agreement are the property of the City and must be transmitted to the City promptly.
10. Proprietary or Confidential Information of the City Grantee understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Grantee may have access to private or confidential information which may be owned or controlled by the City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the City. Grantee agrees that all information disclosed by the City to Grantee shall be held in confidence and used only in performance of the Agreement. Grantee shall exercise the same standard of care to protect such information as a reasonably prudent Grantee would use to protect its own proprietary data.
11. Records and Audit
Grantee must maintain (a) a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement, and (b) full and complete documentation of performance related matters such as benchmarks and deliverables associated with this Agreement. Grantee agrees to comply with all audit, inspection, record-keeping and fiscal reporting requirements mandated by the City, and all state and/or federal audit requirements applicable to the funding sources of the Grant. The 4 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 City shall notify the Grantee of any records it deems in its reasonable judgment to be insufficient. Grantee shall have 15 calendar days from such notice to correct any specified deficiency in the records, or, if more than 15 days shall be reasonably necessary to correct the deficiency, Grantee shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. Grantee must maintain such records for a period of four years following the last fiscal year during which the City paid an invoice to Grantee under this Agreement.
Grantee must make available at Grantee's office for examination at reasonable intervals and during normal business hours to the City's representatives, as well as representatives of agencies providing funding for the Grant, all books, accounts, reports, files, financial records, and other papers or property with respect to all matters covered by this Agreement, as well as the financial condition of Grantee in general, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City's epresentatives may make audits of any conditions relating to this Agreement, as well as th inancial condition of Grantee in general, throughout the term of this Agreement and fo three years following the expiration of the term of this Agreement.
12. Fraud, Waste and Abuse
Grantee must immediately inform the City of any information or complaints involving "criminal fraud, waste, abuse, or other criminal activity in connection with the Work.
13. [RESERVED]
14. Assignment and Subcontracting
Grantee may not assign, subcontract, or otherwise transfer any rights, duties, obligations or interest in this Grant or Agreement or arising hereunder to any person, persons, entity or entities whatsoever without the prior written consent of the City, and any attempt to assign, subcontract, or transfer without such prior written consent shall be void. Consent to any single assignment, subcontract, or transfer shall not constitute consent to any further assignment, subcontract or transfer.
15. Publicity
Any publicity generated by Grantee for the program funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, shall make reference to the contribution of the City in making the project possible. The words "City of Oakland" shall be explicitly stated in all pieces of publicity, including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.
5 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 City staff will be available whenever possible at the request of Grantee to assist Grantee in generating publicity for the program funded pursuant to this Agreement. Grantee further agrees to cooperate with authorized City officials and staff in any City-generated publicity or promotional activities undertaken with respect to this program.
16. Insurance
Unless a written waiver is obtained from the City's Risk Manager, Grantee must acquire and maintain for the duration of this Agreement the insurance listed in Schedule Q, Insurance Requirements (Revised 9/12/2019) attached hereto and incorporated herein by reference.
17. Indemnification
a. Grantee agrees to indemnify and hold harmless the City, its agencies, departments, councilmembers, officers, directors and employees (collectively "Indemnitees") from, and, upon request, to defend Indemnitees against, any and all liabilities, obligations, losses, damages, fines, penalties, claims (including but not limited to claims for property damage, personal injury, and wrongful death), actions, suits, judgments, costs or expenses of whatsoever kind and nature (including reasonable attorney's fees) caused by or arising directly or indirectly from 1) a material breach of the terms of this Agreement by Grantee, 2) a negligent, grossly negligent or willful act or omission of Grantee in ' performance of thiș Agreement or expenditure of the grant funds, or 3) the violation by Grantee of any federal, state or local laws or regulations in performance of this Agreement or expenditure of the grant funds.
b. The term "Grantee" as used in this indemnification provision includes Grantee, its board members, officers, directors, employees, and agents.
c. The City agrees to promptly provide Grantee written notice of any claim of loss or damage subject to this indemnification provision and to cooperate with Grantee, in the defense against any such claim and all related settlement negotiations to the extent that cooperation does not conflict with City's interests
d. The City reserves the right retain its own legal counsel for the purposes of participating in the defense against any claim of loss or damage subject to this indemnification provision if Grantee fails or refuses to defend the City with counsel reasonably acceptable to the City. In no event shall either Grantee or the City agree to the settlement of any claim described herein without the prior written consent of the other party. e. Notwithstanding anything to the contrary contained herein, Grantee's liability under this Agreement shall not extend to any action or claim arising from the sole negligence, gross negligence or willful misconduct of an Indemnitee.
6 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 f. All of Grantee's obligations under this section are intended to apply to the fullest extent permitted by law (including without limitation, California Civil Code Section 2782) and shall survive the expiration or sooner termination of this Agreement. g. The indemnity set forth in this section shall not be limited by the City's insurance requirements contained in Schedule Q hereof, or by any other provision of this Agreement.
h. The City's liability under this Agreement shall be limited to payment of Grantee in accord with the terms and conditions of this Agreement and shall exclude any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
18. Non-Liability of City
No councilmember, official, officer, director, employee, or agent of the City shall be liable to Grantee for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person.
19. Right to Offset Claims for Money
All claims for money due or to become due from the City shall be subject to deduction or offset by the City from any monies due Grantee by reason of any claim or counterclaim arising out of this Agreement, any purchase order, or any other transaction with Grantee.
20. Events of Default and Remedies
A. The occurrence of any of the following shall constitute a material default and breach of this Agreement by Grantee:
1. Failure to adequately perform the Work set forth in the Scope of Work;
2. The use or expenditure of funds provided under this Agreement by Grantee in any manner that is not consistent with the purpose of this Agreement or in compliance with the Scope of Work attached hereto;
3. Substantial failure by Grantee to observe and perform any other material provision of this Agreement; or
4. Grantee's (a) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or 60 days after the filing; (b) making a general assignment for the benefit of creditors; (c) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after 7 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 the filing; (d) insolvency; or (e) failure, inability or admission in writing of its inability to pay its debts as they become due.
B. The City shall give written notice to Grantee of any default by specifying the nature of the event or deficiency giving rise to the default, the action required to cure the deficiency, if an action to cure is possible, and a date, which shall be not less than 30 calendar days from the mailing of the notice, by which such action to cure, if a cure is possible, must be undertaken. Grantee shall not be in default if Grantee cures such default within the specified cure period, or, if such default is not reasonably capable of cure within the specified period, Grantee begins to cure the default within the cure period and thereafter diligently pursues the cure to completion. Following any notice of an event of default, the City may suspend payments under this Agreement pending Grantee's cure of the specified breach. Upon an event of default that has not been cured by Grantee, the City, in its discretion, may take any of the following actions:
1. Terminate this Agreement in whole or in part;
2. Suspend payments under this Agreement;
3. Demand immediate reimbursement of any funds disbursed under this Agreement other than funds Grantee has: (i) regranted or (ii) is legally bound to regrant to organizations as contemplated hereunder;
4. Bring an action for equitable relief (i) seeking the specific performance by Grantee of the terms and conditions of the Agreement, and/or (ii) enjoining, abating, or preventing any violation of said terms and conditions, and/or (ili) seeking declaratory relief;
5. Bar Grantee from future funding by the City; and/or
6. Pursue any other remedy available at law or in equity.
Unless otherwise terminated as provided in this Agreement, this Agreement will terminate on June 30, 2023.
21. Termination or Modification for Lack of Appropriation The City's obligations under this Agreement are contingent upon the availability of funds from the funding source for this Grant. The City may terminate this Agreement on thirty (30) days written notice to Grantee without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Work
22. Litigation and Pending Disputes
8 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Grantee shall promptly give notice in writing to the City of any litigation pending or threatened against Grantee in which the amount claimed is in excess of $50,000. Grantee shall disclose, and represents that it has disclosed, all pending disputes with the City prior to execution of this Agreement and any amendment to this Agreement on Schedule K, attached hereto and incorporated herein. Failure to disclose pending disputes prior to execution of this Agreement or any amendment to this agreement shall be a basis for termination of this Agreement.
23. Conflict of Interest
a. Grantee certifies that no member, officer, or employee of the City or its designees or agents, and no other public official of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. b. Grantee warrants and represents, to the best of its present knowledge, that no public official or employee of City who has been involved in the making of this Agreement, or who is a member of a City board or commission which has been involved in the making of this Agreement whether in an advisory or decision- making capacity, has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090 et seg., pertaining to conflicts of interest in public contracting.
Grantee shall exercise due diligence to ensure that no such official will receive such an interest.
C. Grantee further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by Grantee to City, that (1) no public official of City who has participated in decision-making concerning this Agreement or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in Grantee or this Agreement, and (2) this Agreement will not have a direct or indirect financial effect on said official, the official's spouse or dependent children, or any of the official's economic interests. For purposes of this paragraph, an official is deemed to have an "economic interest" in (a) any for-profit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a direct or indirect interest worth $2,000 or more, (c) any for-profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including nonprofit entities) if the income totaled more than $500, or value of the gift totaled more than $500 the previous year. Grantee agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest.
Grantee's attention is directed to the conflict of interest rules applicable to 9 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 et seg.) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.). d. Grantee shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement a provision governing conflict of interest in substantially the same form set forth herein. e. Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation.
f. In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, Grantee understands and agrees that, if the City reasonably determines that Grantee has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, and/or (3) require reimbursement by Grantee to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not Grantee is responsible for the conflict of interest situation.
24. Non-Discrimination/Equat Employment Practices
Grantee shall not discriminate against any person or group of persons in any manner prohibited by federal, state or local laws applicable to Grantee.
During the performance of this Agreement, Grantee agrees as follows:
a. Grantee and Grantee's subgrantees, if any, shall not discriminate against any employee or applicant for employment because of actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry national origin, physical or mental disability including Acquired-Immune Deficiency Syndrome (AIDS) or AIDS-Related Complex (ARC), or military status. This nondiscrimination policy shall include, but not be limited to, the following:
Grantee and Grantee's subgrantees shall state in all solicitations or advertisements for employees placed by or on behalf of Grantee that all qualitied applicants will receive consideration for employment without regard to actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry, national 10 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 origin, physical or mental disability including Acquired-Immune Deficiency Syndrome (AIDS) or AIDS-Related Complex (ARC), or military status.
C. Grantee shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Schedule C-1, Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein. d. If applicable, Grantee will send to each labor union or representative of workers with whom Grantee has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers' representative of Grantee's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
25. Local/Small Local Enterprise Participation
The City has established requirements for participation by local and small local businesses, including local nonprofit organizations and small local nonprofit organizations, in publicly supported projects. Unless otherwise indicated, the City acknowledges that Grantee complies with these requirements.
26. Living Wage Requirements
Grantee will be considered a City Financial Assistance Recipient ("CFAR") and must comply with the Oakland Living Wage Ordinance if it receives $100,000 or more in financial assistance from the City during a 12-month period. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of CFARs (OMC 2.28, Ord. 1250 § 1, 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Schedule N and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, that Grantee provide the following to its employees who perform services under or related to this Agreement:
a. Minimum Compensation - As of July 1, 2022, said employees shall be paid an initial hourly wage rate of $16.14 with health benefits or $18.53 without health benefits.
Grantee agrees to pay the rates as upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor.
b. Health benefits - Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $2.39 per hour. Grantee shall 11 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. c. Compensated days off - Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full-time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. d. Federal Earned Income Credit (EIC) - Grantee shall inform employees that he or she may be eligible for EIC and shall provide forms to apply for advance EIC payments to eligible employees.
e. Grantee shall provide to all employees and to the Office of Contract Compliance, written notice of its obligation to eligible employees under the City's Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information. f. Grantee shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement.
g. Reporting - Grantee shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. Grantee compliance period. Failure to provide said list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Grantee shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period. h. Grantee shall require subgrantees that provide services under or related to this Agreement to comply with the above Living Wage provisions. Grantee shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shall be submitted to the Office of Contract Compliance.
12 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
27. Equal Benefits Ordinance
This Agreement is subject to the Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City grantees between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.
The Ordinance shall only apply to those portions of a Grantee's operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract's presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed. The requirements of this chapter shall not apply to subcontracts or subgrantees of Grantee.
The Equal Benefits Ordinance requires, among other things, submission of the Equal Benefits Declaration of Nondiscrimination attached hereto as Schedule N-1 and incorporated herein by reference.
28. Minimum Wage Ordinance
Grantee shall comply with Oakland's Minimum Wage law set forth in Chapter 5.92 of the Oakland Municipal Code ("O.M.C.").
Oakland Minimum Wage law requires that Employers (as defined therein) pay Employees (as defined therein) no less than the Oakland's minimum wage rate for each hour worked within the geographic boundaries of the City Oakland. Oakland's Minimum Wage Law also of each year and prominently display notices at the job site.
29. Political Prohibition
Subject to applicable State and Federal laws, moneys paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, nor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government.
30. Religious Prohibition
Grantee shall not use the grant funds awarded under this agreement for religious worship, instruction, or proselytization.
13 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
31. Business Tax Certificate or Exemption
Grantee shall obtain and provide proof of a valid City business tax certificate or business tax exemption certificate. Said certificate must remain valid for the duration of this Agreement.
32. Abandonment of Grant
The City may abandon or indefinitely postpone this Grant at any time. Should the Grant be abandoned, the City shall pay Grantee for all services performed thereto in accordance with the terms of this Agreement.
33. Relationship of Parties
The relationship of the City and Grantee is solely that of a grantor and grantee of funds, and should not be construed as a joint venture, equity venture, partnership, or any other relationship. The City does not undertake or assume any responsibility or duty to Grantee (except as provided for herein) or to any third party with respect to the Work performed under this Agreement. Except as the City may specify in writing, Grantee has no authority to act as an agent of the City or to bind the City to any obligation.
34. Warranties
Grantee represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable Grantee to fully comply with the terms of this Agreement including using Grant proceeds to regrant funds as contemplated by Section 2 above; (2) that it is duly organized, validly existing and in good standing under the laws of the State of California; (3) that it has the full power and authority to enter into and perform its obligations under this Agreement; (4) that there are no pending of threatened actions or proceedings before any court or administrative agency which may substantially affect the financial condition or operation of the Grantee, other than those already disclosed to the City; and (5) that the person executing and delivering this Agreement is authorized to execute and deliver such document on behalf of Grantee.
35. Unavoidable Delay in Performance
The time for performance of provisions of this Agreement by either party shall be extended for a period equal to the period of any delay directly affecting this Agreement which is caused by: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out of this Agreement; or unseasonable weather conditions. An extension of time for any of the above-specified causes will be deemed granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the commencement of the cause. The 14 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 time for performance under this Agreement may also be extended for any reason by the mutual written agreement of the City and Grantee.
36. Validity of Contracts
This Agreement shall not be binding or of any force or effect until it is approved as to form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee.
37. Governing Law
This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law.
38. Notice
If either party shall desire or be required to give notice to the other, such notice shall be given in writing, via facsimile, email or other electronic transmission and concurrently by prepaid U.S. certified or registered postage, addressed to recipient as follows:
City*
City of Oakland
Human Services Department
150 Frank H. Ogawa Plaza, Suite 4353
Oakland, CA 94612
[email protected]
Attn: Hakeim McGee, Senior Services Supervisor
Grantee
City of Emeryville
4727 San Pablo Avenue
Emeryville, CA 94608
[email protected]
Attn: Kim Burrowes
Any party to this Agreement may change the name or address of representatives for purpose of this Notice paragraph by providing written notice to all other parties ten (10) business days before the change is effective.
39. Entire Agreement of the Parties
This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to this Grant and contains all of the representations, covenants and agreements 15 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 between the parties with respect to the Grant. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which are not contained in this Agreement, and that no other agreement, statement or promise not contained in this Agreement will be valid or binding.
40. Amendments and Modifications
Any amendment to or modification of this Agreement will be effective only if it is in a writing signed by all parties to this Agreement.
41. Waiver
Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or event of default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Grantee should not be construed to be a consent to any other act or omission or to waive the requirement for the City's written consent to future waivers.
42. Other Agreements
Grantee represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. Grantee may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City.
43. Severability/Partial Invalidity
If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situation shall remain in full force and effect.
Notwithstanding the foregoing, if any material term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent.
16 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
44. Commencement, Completion and Close-out
It shall be the responsibility of Grantee to coordinate and schedule the Work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement. Any extension of time provided to enable Grantee to complete the Work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement.
If Grantee fails to complete the Work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement.
Within thirty (30) days of completion of the Work to be performed under this Agreement, Grantee shall make a determination of any and all final costs due under this Agreement and shall submit a request for final payment (including without limitations any and all claims relating to or arising from this Agreement) to the City. If Grantee fails to timely submit a complete and accurate request for final payment, the City shall be relieved of any further obligations under this Agreement, including without limitation any obligation for payment of Work performed or payment of claims by Grantee.
45. Consents and Approvals
Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned
46. Inconsistency
If there is any inconsistency between the main agreement and the attachments/exhibits, the text of the main agreement shall prevail.
47. Counterparts
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to electronically sign and transmit this Agreement (whether by facsimile, PDF, email or other electronic transmission), which signature shall be binding on the signing party or the party on whose behalf the document has been signed. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.
48. Exhibits
The following exhibits and schedules are attached to this Agreement and are hereby incorporated herein by reference:
Schedule A: Scope of Work
17 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Schedule C-1: Compliance with ADA
Schedule K: Pending Dispute Disclosure Form
Schedule N: Declaration of Compliance with Living Wage
Schedule N-1: Equal Benefits, Declaration of Nondiscrimination Schedule Q: Insurance Requirements
49. Authority:
The persons signing below represent and warrant that they have authority to bind their respective party, and all necessary approvals to sign on behalf of their respective party have been obtained.
[SIGNATURES ON NEXT PAGE]
18 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 "CITY" "GRANTEE"
CITY OF OAKLAND, a municipal corporation CITY OF EMERYVILLE, a California municipal corporation
By: _
City Administrator (date) By:
Approved for forwarding: Print Name:
By: _ Title:
Department Head (date)
Date:
Resolution Number
Approved as to form and legality: Approved as to form and legality:
-DocuSigned by:
By: By: John Kenneday
Deputy City Attorney - 209340020855467. City Attorney
¡END OF AGREEMENT]
19 Rev. May 25, 2022
City of Oakland supplemental paratransit services for FY 2022-23 provided by The City of Emeryville DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
APPROVED AS TO FORM AND LEGALITY
OFFICE OF THE CITY CLERE
OAKLAND
Adia / Mclh
22 JUN 23 PM 8: 35 CITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. 893.00 C.M.S.
A RESOLUTION:
1. ACCEPTING AND APPROPRIATING DIRECT LOCAL PROGRAM
DISTRIBUTION MEASURE BB FUNDS IN THE AMOUNT OF $2,646,058 FOR FISCAL YEAR (FY) 2022-2023 FROM THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION TO PROVIDE PARATRANSIT
SERVICES; AND
2. AWARDING AGREEMENTS FOR PARATRANSIT SERVICES FOR FY 2022- 2023 IN THE AMOUNTS OF $850,000 (FIVE RIVERS TRANSIT SOLUTIONS, INC.), $600,000 (QUALITY TRANSIT, LLC), $150,000 (BAY AREA : CHARTERS, INC.), $50,000 (BELL TRANSIT CORPORATION), $25,000 (ONE ACCESS MEDICAL TRANSPORTATION), AND $100,000 (GOGO TECHNOLOGIES, INC.); AND
3. AWARDING A GRANT AGREEMENT TO THE CITY OF EMERYVILLE FOR PARATRANSIT SERVICES IN AN AMOUNT OF $50,000; AND
4. AUTHORIZING THE CITY ADMINISTRATOR TO ACCEPT AND
APPROPRIATE ANY ADDITIONAL DIRECT LOCAL DISTRIBUTION
FUNDS THAT MAY BECOME AVAILABLE FROM THE SAME FUNDING
SOURCE FOR THE SAME PURPOSES FOR FY 2022-2023; AND
5. AUTHORIZING THE CITY ADMINISTRATOR TO INCREASE THE
AWARD AMOUNTS AND AUTHORIZE AMENDMENTS OF THE
AFOREMENTIONED AGREEMENTS ACCORDINGLY WITHIN THEIR
TERMS.
WHEREAS, voters in Alameda County passed Measure B in November 1986, reauthorized Measure B in November 2000, and passed Measure BB in November 2014, thereby providing sales tax revenues for paratransit services; and WHEREAS, Measure BB funds will be required by the City of Oakland for Fiscal Year (FY) 2022-2023 for the purpose of providing subsidized transportation to the frail-elderly and persons with disabilities who have limited access or are deemed unable to use public transit; and WHEREAS, the City of Oakland is an eligible recipient for Alameda County Measure BB funds from the Alameda County Transportation Commission; and DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 WHEREAS, the City of Oakland's FY 2022-2023 Proposed Budget for FY 2022-2023 includes Measure BB fund appropriation in Measure BB Paratransit - ACTC Fund (2220), Oakland Paratransit for the Elderly and Disabled Organization (75621), OPED FY 2022-2023 Administration Project Award (23737), OPED FY 2022-2023 MEASURE B/BB Project (1005546 and 1005548), Empowering Seniors & People With Disability Program (YS14); and WHEREAS, the City's RFP/RFQ process is not applicable because these agreements are not professional services agreements and the City of Oakland enters into agreements, on a non- exclusive basis, with taxi companies with a minimum fleet of five or more vehicles; accessible van, accessible shuttle or charter bus companies with adequate fleet capacity and design; and supplemental service and/or coordination transportation entities qualified, capable and permitted to provide specialized transportation services for seniors, frail-elderly and adult persons with disabilities in Oakland; and
WHEREAS, the City desires to maintain this service without interruption; and WHEREAS, the City lacks the fleet, the equipment and the support structure to operate this service with City employees and has never provided or operated such a service; and WHEREAS, all of the companies for which agreement authorization is being requested meet the City's requirements for paratransit services; and WHEREAS, the City wishes to award to and enter into reimbursement agreements with the following paratransit providers in the following amounts for FY 2022-2023, as specified below:
Five Rivers Transit Solutions, Inc. $ 850,000
• Quality Transit, LLC $ 600,000
• Bay Area Charters, Inc. $ 150,000
• Bell Transit Corporation $ 50,000
• One Access Medical Transportation $ 25,000
• GoGo Technologies, Inc. $ 100,000
; and
Emeryle for the probe cig of phes to as adio adore not agreement with theory of now, therefore, be it
RESOLVED: That the City Council hereby accepts and appropriates FY 2022-2023 Measure BB direct local program distribution funds in the amount of $2,646,058 for the Oakland Paratransit Program to be deposited into Measure BB - Paratransit - ACTC Fund (2220), Oakland Paratransit for the Elderly and Disabled Organization (75621), OPED FY 2022-2023 Administration Project Award (23737), OPED FY 2022-2023 Measure B/BB Project (1005546 and 1005548), Empowering Seniors & People With Disability Program (YS14); and be it FURTHER RESOLVED: That the City Council awards to and authorizes reimbursement agreements with the following paratransit providers in the following amounts for FY 2022-2023:
• Five Rivers Transit Solutions, Inc. $ 850,000
2 3185603v3/MJM
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 • Quality Transit, LLC $ 600,000
Bay Area Charters, Inc. 150,000
• Bell Transit Corporation 50,000
One Access Medical Transportation 25,000
• GoGo Technologies, Inc. $ 100,000
; and be it
FURTHER RESOLVED: That the City Council awards to and authorizes a grant agreement with the City of Emeryville for the provision of paratransit services for FY 2022-2023 in the amount of $50,000; and be it
FURTHER RESOLVED: That estimated fees to be collected in the amount of $115,000 by Oakland Paratransit for the Elderly and Disabled (OPED) in conjunction with van voucher sales, taxi scrip sales and other service fares for OPED transportation services included in the Proposed Policy Budget FY 2022-2023, in accordance with the terms of the existing agreements, are designated for the exclusive use of OPED to Measure BB Paratransit - ACTC Fund (2220), Oakland Paratransit for the Elderly and Disabled Organization (75621), OPED FY 2022-2023 Measure B/BB Project (1005546 and 1005548), Empowering Seniors & People With Disability Program (YS14); and be it
FURTHER RESOLVED: That should additional Measure BB funds become available during FY 2022-2023 for paratransit services, the City Administrator is authorized to accept and appropriațe those funds to Measure BB - Paratransit-ACTC Fund (2220), Oakland Paratransit for the Elderly and Disabled Organization (75621), Empowering Seniors & People With Disability Program (YS14); and be it
FURTHER RESOLVED: That the City Administrator is authorized to amend the aforementioned FY 2022-2023 agreements to increase the amounts awarded for FY 2022-2023, subject to the availability of funding.
IN COUNCIL, OAKLAND, CALIFORNIA, JUL. 5 2022
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND PRESIDENT FORTUNATO BAS -8
NOES -Ø
ABSENT - O
ABSTENTION - Se
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3 3185603v3/MJM
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 1052/2002
OAKLAND
Gearing for Chix 150 Ucats"
SCHEDULE A
CONDITIONS OF REIMBURSEMENT
(To be completed by the prime & City of Oakland project manager) The services to be performed by Consultant shall consist of services requested by the Project Manager or a designated representative, including (but not limited to) the following. Please attach a detailed scope of services to this Schedule.
TASK COMPLETION DATE
1. Please see attached detailed Conditions of
Reimbursement (Outline of Services to be June 30, 2023
Performed)
2. 3.
4. 5.
Contractor:
(Please Print)
(Signature) (Date)
City Representative:
(Please Print)
(Signature) (Date)
Standardized Contracting Procedures Revision Date 08/11
TO BE INCLUDED WITH THE CONTRACT AND PREPARED BY THE DEPARTMENT/AGENCY AND ATTACHED TO THE SIGNED AGREEMENT.
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 SCHEDULE A TO 22/23 CITY OF OAKLAND/CITY OF
EMERYVILLE GRANT AGREEMENT
SCOPE OF WORK
A. BACKGROUND
The City of Emeryville is currently offering the 8 To Go transportation program. 8 To Go is an ADA accessible door-to-door paratransit service for qualifying residents of the 94608 zip code.
The program was initially funded by a grant from the Alameda County Transportation Emerie asapto arograme thire ans fun tie suget moving 19 war the City of Since the 94608 zip code is shared by Oakland and Emeryville and serves numerous Oakland residents, the City of Oakland partnered with the City of Emeryville to co- sponsor funding to continue the program as of FY 2019-2020.
The City of Emeryville currently contracts with the Emeryville Transportation Management Association (ETMA/Emery Go Round) for driver, maintenance and fuel service. Emeryville city staff provides scheduling and dispatch.
B. SERVICES
City of Emeryville agrees to:
• Provide and maintain ADA compliant wheelchair accessible vehicle for the service. he current service vehicle has a maximum capacity of five (5) passengers and ca ccommodate wheelchair passengers of a maximum combined weight of 650 pound • Provide scheduling and dispatch services for the service vehicle. This will be based at the City of Emeryville Senior Center.
• Enroll and maintain database of qualified residents of the 94608 zip code who are either age 70+ or 18+ and certified to use East Bay Paratransit. • Determine and administer service parameters:
• Each ride will cost $1.00 to the rider. Riders will be limited to six (6) one-way rides per week. Ride passes are available for purchase at the Emeryville Senior Center. Emeryville will retain the $1.00 ride fees. • Service will be provided Monday - Friday from 9:00 am - 12:30 pm and 1:30 pm - 4:00 pm. Service will not operate on City of Emeryville holidays.
The destination boundaries are 28 Street in the south (with an exception for the Oakland VA Clinic), Dwight Way (Berkeley) in the north, and Telegraph SCHEDULE A - Scope of Work
City of Oakland and City of Emeryville 8 To Go Project Co-Sponsorship Grant Agreement FY 2022-2023 1 of 3
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Avenue (with an exception for Oakland Kaiser) in the east. No residents living outside the 94608 zip code will be served.
• Provide outreach and marketing materials for the service. • Manage third-party transportation service contract and maintain that:
• Contractor will provide ADA accessible door-to-door paratransit services to qualified riders as outlined.
• Contractor will provide qualified driver with Class B CDL with passenger endorsement and ensure ongoing customer sensitivity, behind-the-wheel and other trainings as required.
• Contractor conducts all required vehicle maintenance. • A copy of the transportation service contract will be provided to the City of Oakland upon request.
C. PAYMENT
City of Emeryville agrees to:
• Submit invoice(s) by November 31" for services provided during the period of July 1* through September 30h with supporting documentation, financial reports and ridership data.
• Submit invoice(s) by February 28'h for services provided during the period of October 1s through December 31 with supporting documentation, financial reports and ridership data.
• Submit invoice(s) by May 31" for services provided January 1 through March 31st with supporting documentation, financial reports and ridership data. • Submit invoice(s) by August 31" for services provided during the period of April 1st through June 30"h with supporting documentation, financial reports and ridership data. • Submit invoices and attachments electronically to [email protected], by mail or courier to City of Oakland Paratransit, 150 Frank H. Ogawa Plaza, Ste. #4353, Oakland CA 94612-2092 or by fax to (510) 238-7724.
City of Oakland agrees to:
• Commit Fifty Thousand Dollars ($50,000) for FY 2022-2023 as outlined below to co- sponsor 8 To Go services provided by third-party transportation service provider. City of Emeryville staff cost will not be considered an allowable expense for purposes o this agreement.
Deliverable Period Maximum Payment
Amount
Coordinate 8 To Go FY 2022-2023 $50,000
transportation service for
12 months
Total $50,000
SCHEDULE A - Scope of Worl
City of Oakland and City of Emerville 8 To Go Proiect Co-Sponsorship Grant Agreement FY 2022-202 2 of3
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 • Accept, review, verify and pay submitted invoices in a prompt and timely manner within 20-days of receipt.
Reimbursement will be made for only those passengers and services specifically pre- authorized by the City. Strict monitoring and verification will be continuously conducted by the City. Contractor agrees to cooperate with the City, its representatives, and any federal, state or local law enforcement officials if an investigation is conducted into the propriety of the billing for and the provision of services under this Agreement.
The City is entitled to repayment by Contractor for services that may be subsequently determined to have been fraudulently or illegally obtained or provided under this contract by Contractor, Contractor's employees, subcontractors and/or representatives. In such event, the City may immediately terminate Contractor's contract, withhold further reimbursements) and seek prosecution at the federal, state or local level as appropriate.
SCHEDULE A - Scope of Work
City of Oakland and City of Emeryville 8 To Go Project Co-Sponsorship Grant Agreement FY 2022-2023 3 of 3
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Schedule Q
INSURANCE REQUIREMENTS
(Revised 09/12/2019)
a. General Liability, Automobile, Workers' Compensation and Professional Liability Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Contractor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:
i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be on an occurrence basis and at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) Limits of liability: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CL insurance contains a general aggregate limit, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance for bodily injury and property damage liability with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non- owned autos). Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001.
iii. Workers' Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include Employers' Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code.
Schedule Q REVISED 09122019: ASL
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 iv. Professional Liability/ Errors and Omissions insurance, if determined to be required by HRM/RMD, appropriate to the contractor's profession with limits not less than $ each claim and $ aggregate. If the professional liability/errors and omissions insurance is written on a claims- made form:
a. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
c. If coverage is cancelled 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 extended period coverage for a minimum of three (3) years after completion of work.
V. Contractor's Pollution Liability Insurance: If the Contractor is engaged in: environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, then for small jobs (projects less than $500,000), the Contractor must maintain Contractor's Pollution Liability Insurance of at least $500,000 for each occurrence and in the aggregate. If the Contractor is engaged in environmental sampling or underground testing, then Contractor must also maintain Errors and Omissions (Professional Liability) of $500,000 per occurrence and in the aggregate.
vi. Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or provides services to persons with Alzheimer's or Dementia, or provides Case Management services, or provides Housing services to vulnerable groups (i.e., homeless persons) Contractor shall maintain sexual/molestation/abuse insurance with a limit of not less than $1,000,000 each occurrence and $1,000,000 in the aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract work. vii. Technology Professional Liability (Errors and Omissions) OR Cyber Liability Insurance, if determined to be required by HRM/RVD, appropriate to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and Schedule Q REVISED 09122019: ASL
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
b. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
i. Insured Status (Additional Insured): Contractor shall provide insured status naming the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers as insureds under the Commercial General Liability policy. General Liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions used). If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON
THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT
AND WILL BE REJECTED AS PROOF OF MEETING THIS
REQUIREMENT; and
ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance.
Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and ili. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity; and
iv. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors; and
V. Certificate holder is to be the same person and address as indicated in the "Notices" section of this Agreement; and
vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of A VII, or better.
c. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor as is required pursuant to this Agreement, Schedule Q REVISED 09122019: ASL
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement. d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
e. Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of Contractor's insurance policies if, and when, requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.
f. Subcontractors
Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City of Oakland and the Contractor shall be named as additional insured under the subcontractor's General Liability policy. All coverages for subcontractors shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the project to verify compliance with requirements.
g. 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 deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. h. Waiver of Subrogation
Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
Schedule Q REVISED 09122019: ASL
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 i. Evaluation of Adequacy of Coverage
The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.
Higher Limits of Insurance
If the contractor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the contractor. :.
Schedule O REVISED 09122019: ASL
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 City of Oakland
Department of Human Resources Management
Risk & Benefits Division
INSURANCE REQUIREMENTS MODIFICATION REQUEST
ROJECT MANAGER: Complete Items #1 through 8, then send/deliver completed form with all the attachments show Item #6 below to: DHRM-Risk & Benefits Division, 150 Frank Ogawa Plaza, Suite 2352, Oakland, CA 94612. Phor (510) 238-7165/Fax (510) 238-2275.
1 Name of Consultant: City of Emeryville
2 Project Name & Number: Oakland Paratransit for the Elderly & Disabled 3 Start & End Date of Contract: July 1, 2022 - June 30, 2023 4 Project Description: Iransportation Coordination
5 Reason for Insurance Modification Requested: (Complete all that apply) Commercial General Liabllity:
O Waive Justification:
OReduce to: $_
Workers' Compensation:
• Waive Justification:
Automoblle Lability:
• Waive Justification: City of Emeryville will not be using vehicles.
OReduce to: $..
-
Other:
O Waive Justification:
• Reduce to: $.
6 Attachments Required:
@ Schedule A - Scope of Services @ Schedule M - Independent Contractor's Questionnaire @ Schedule Q - Insurance Requirements • Existing insurance documentation from Contractor ® Signed statement from Contractor on company letterhead verifying reason for waiver or reduction of each insurance requirement.
7 Other Comments:
8 Hakeim McGee Sr Svs Supervisor/HSD 9-16-2022
Project Manager Titte/Department Date of Request
2311 [email protected]
Phone Fax E-Mail
TO BE COMPLETED BY THE RISK/INSURANCE MANAGER:
9 Identify Risk to the City:
Request Granted O Request Denied
MI Bailey September 20, 2022
- Date
Authorizing Signature
alian 07013
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 McGee, Hakeim
To: Kim Burrowes
Subject: RE: [External] FY 22-23 Grant Agreement - Draft From: Kim Burrowes <[email protected]>
Sent: Thursday, September 8, 2022 3:50 PM
To: McGee, Hakeim <[email protected]>
Subject: RE: [External] FY 22-23 Grant Agreement - Draft Hi Hakeim,
I am requesting a waiver of the Automobile Liability Insurance requirement as it does not apply to the scope of the -
contractual agreement between the cities.
AN Kim Burrowes
Adult Services Supervisor
City of Emeryville
4321 Salem Street
Emeryville, CA 94608
(510) 596-4308 Office
(510) 209-1028 Cell
"Together, we build Community through quality programs and services." Like us on Facebook! http://www.facebook.com/EmeryvilleCSD Follow us on Twitter! https://twitter.com/EmeryvilleCSD 1 DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Bay Cities Joint Powers Insurance Authority
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 70295047
Certificate Holder: City of Oakland
150 Frank H. Ogawa Plaza
Oakland, CA 94612
Covered Party: City of Emeryville
Memorandum of
Coverage Number: BCJPIA 2022-23 GL Effective Date: 09/14/2022 Expiration Date: 7/1/2023 Limits: $1,000,000 (per occurrence)
Ture angle eurol lay are he man of courage to win the ces pany.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject, This coverage shall be primary.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate Date Issued: 9/19/2022
Renewal: No Excess Certificate Issued: Yes
Authorized Representative Signature: Yor Pauken
70295047 | BOJPIA | 22/23 GL SIMM LIMITS | Shelley Nauven | 9/19/2022 2:10:10 PM (PDT) | Page 1 of 1 DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 California Affiliated Risk Management Authorities
1750 Greekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 70294971
Certificate Holder: City of Oakland
150 Frank H. Ogawa Plaza, Suite 4353
Oakland, CA 94612-2033
Covered Party: BCJPIA-City of Emeryville
Description of As respects the Grant Agreement between the City of Oakland and the City of Emeryville regarding Covered Activity: operation of the 8-to-Go Paratransit Shuttle program for Fiscal Year 2022-2023; the City of Oakland, its Memorandum of
Coverage Number: CARMA 2022-GL Effective Date: 09/14/2022 Expiration Date: 7/1/2023 Limits: $1,000,000 (per occurrence)
Excess of: $1,000,000
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverag period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respec to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 9/19/2022
Renewal: No Underlying Certificate Issued: Yes
Authorized Represonalive Sonature: D Kn
70294971 | CARMA | 22/23 GL $1MM LIMIT | Danielle Davis | 9/19/2022 2:04:50 PM (PDT) | Page I of 1 DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Bay Cities Joint Powers Insurance Authority
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Workers' Compensation Certificate of Coverage
Certificate Number: 70056473
Certificate Holder: City of Oakland
150 Frank H. Ogawa Plaza, Suite 4353
Dakland, CA 94612-2033
Covered Party: City of Emeryville
Description of As respects evidence of workers' compensation coverage for the City of Emeryville regarding the grant Covered Activity: agreement for the 8-to-Go Paratransit Shuttle for Fiscal year 2022/2023.
CoverageaNdmmer: BUPIA 2022-23 W Effective Date: 7/1/2022 Expiration Date: 7/1/2023 Limits: $1,000,000 (per occurrence)
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Memorandum of Coverage of the BJPIA, which is available for your review upon request.
The Bay Cities Joint Powers Insurance Authority (BCJPIA), has the right to recover benefit payments made for a work-related injury or illness covered under BCJPIA's Memorandum of Coverage. However, to the extent that the City of Emeryville, is an entity covered by BCJPIA, performs work under the contract that requires a Waiver of Subrogation described in this Certificate, BCJPIA hereby waives any right of recovery BCJPIA may have against the person or organization named in this Certificate of Coverage for payment of workers' compensation benefits for an injury or illness arising out of the activity described in this Certificate of Coverage. This agreement shall not operate directly or indirectly to benefit any person or organization not named in this Certificate of Coverage.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 8/31/2022
Renewal: No Excess Certificate Issued: Yes
Authorized Representative Signature: You Puben
This certificate cancels and supersed it previously Shed eutend 8/31/2022 1:27;03 PM (POT) | Page 1 of 2 DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Local Agency Workers' Compensation Excess Joint Powers Authority 1750 Creekside Oaks Drive, Sacramento, CA 95833
916-244-1100
Workers' Compensation Certificate of Coverage
Certificate Number: 70057363
Certificate Holder: City of Oakland, its Councilmembers, Directors, Officers, Agents, Employees and Volunteer
150 Frank H. Ogawa Plaza, Suite 4353
Oakland, CA 94612-2033
Covered Party: BCJPIA-City of Emeryville
Description of As respects evidence of workers' compensation coverage for the City of Emeryville regarding the grant Covered Activity: agreement for the 8-to-Go Paratransit Shuttle for Fiscal year 2022/2023.
Viemorandum o
overage Number: LAWCX 22.2 Effective Date: 7/1/2022 Expiration Date: 7/1/2023 Limits: $5,000,000 (per occurrence)
Self-Insured Retention: $1,000,000
The Following Workers' Compensation coverage as defined in the Memorandum of Coverage on file with the covered Coverage is in party named above.
effect:
The Local Agency Workers' Compensation Excess Joint Powers Authority (LAWCX), has the right to recover benefi bayments made for a work-related injury or illness covered under LAWC's Memorandum of Coverage. However, t of Coverage.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as Stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate Date Issued: 8/31/2022
Renewal: No PRISM Certificate Issued: Yes
miz certificate cancel and supersedes All prevausly losuld ete da /23/2022 1:55:56 pm (per) | Page 2 of 4 DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
CERTIFICATE NO ISSUE DATE
WC-4771 CERTIFICATE OF COVERAGE 08/31/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO PUBLIC RISK INNOVATION, RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
SOLUTIONS, AND MANAGEMENT SANG MERE AURORE REFRESHINE OF RODER A TES C/O ALLIANT INSURANCE SERVICES, INC. CERTIFICATE HOLDER 18100 VON KARMAN AVENUE, 10TH FLOOR PORTANT: if the certificate holder is requesting a WAIVER OF SUBROGATION, t IRVINE, CA 92612 ne to ite cos if Cate hoder in lau of achi endorsemement on this centlicate does not cont PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE #0C36861 COVERAGE
AFFORDED BY: A - See attached schedule of insurers
Member: COVERAGE
LOCAL AGENCY WORKERS' COMPENSATION EXCESS AFFORDED BY: B JOINT POWERS AUTHORITY: A CALIFORNIA PUBLIC
AGENCY (LAWCX) MEMBER AGENCIES (AS ENDORSED) COVERAGE
C/O JIM ELLEDGE AFFORDED BY: C
1750 CREEKSIDE OAKS DRIVE, SUITE 200
SACRAMENTO, CA 95833 COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDEL
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES.
CO TYPE OF COVERAGE MEMORANDUM/ COVERADATEFECTIVE COVERACSATEIRATION LIABILITY LIMITS
LTR POLICY NUMBER
A EXCESS WORKERS' See attached 07/01/2022 07/01/2023 WORKERS' COMPENSATION:
COMPENSATION & Schedule of Difference between
EMPLOYER'S LIABILITY insurers for policy " Statutory and Member's $5,000,000 Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN CITY OF EMERYVILLE AND CITY OF OAKLAND FOR GRANT AGREEMENT TO PROVIDE PARATRANSIT SERVICES TO QUALIFIED OAKLAND RESIDENTS. "HE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF OAKLAND, ITS COUNCILMEMBERS, DIRECTORS, OFFICERS
GENTS, EMPLOYEES AND VOLUNTEERS PURSUANT TO ENDORSEMENT NUMBER U- CITY OF EMERYVILLE IS A MEMBER OF LOCAL AGENCY WORKERS' COMPENSATION EXCESS JOINT POWERS AUTHORITY: A CALIFORNIA
PUBLIC AGENCY (LAWCX) MEMBER AGENCIES (AS ENDORSED)
Cancellation
Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
CITY OF OAKLAND
HUMAN SERVICES DEPARTMENT AUTHORIZED REPRESENTATIVE
ATTN: HAKEIM MCGEE, SENIOR SERVICES SUPERVISOR
150 FRANK H OGAWA PLAZA, STE 4353
OAKLAND, CA 94612 Sina Dear
Public Risk Innovation, Solutions, and Management
This Sert it cate ence and supersedes All previously loud und /2022 1:35:56 PM 807) | Page 2 os a DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION PROGRAM
2022/2023 SCHEDULE OF INSURERS
LOCAL AGENCY WORKERS' COMPENSATION EXCESS JOINT POWERS AUTHORITY: A
CALIFORNIA PUBLIC AGENCY (LAWCX) MEMBER AGENCIES (AS ENDORSED)
PROVIDER MEMORANDUM / LIMIT
POLICY NUMBER
Public Risk Innovation, Solutions, PRISM PE 22 EWC-32 Workers' Compensation:
and Management $50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Liberty Insurance Corporation EW7-64N-444785-012 Statutory each accident/each employee for disease excess of $50,000,000
'.
70057 certificate cancels $5MM LIMITS (Haiver
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 ENDORSEMENT NO. U-2
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following:
VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows:
PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM.
However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged.
Effective Date: Memorandum No.: PRISM 22 EWC-00
Issued to: ALL MEMBERS
Issue Date: June 29, 2022
Sira Dear
Authorized Representative
Public Risk Innovation, Solutions, and Management
8/31/2022 1:55:56 PM (PDT) | Page 4 of 4
This certificate cancels and supes sees all preously I shed eue date.
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Combined Grants Schedules
CITY OF
OAKLAND
Project Name: 8 to Go Paratransit Shuttle Service
Business Name City of Emeryville Phone 510,596.4300_Email [email protected] Address 1333 Park Ave. City Emeryville _State_CA Zip 94608 Federal ID # 94-6000326 City of Oakland Business License Number Completed by: Kim Burrowes Phone if different 510.596.4308 Schedule C-1 - (Declaration of Compliance with the Americans with Disabilities Act) X I declare under penalty of perjury that my company will comply with the City Of Oakland American with Disabilities Act obligations.
Schedule K - (Pending Dispute Disclosure)
1. Are you or your firm involved in a pending dispute or claim Against the City of Oakland or its Agency? (Please check one) • Yes X No
2. If "Yes", please list existing and pending lawsuits) and claims) with the title, contract date, brief description of the issues, officials or staff persons involved in the matter and the City department/division administering the contract. Contract Title and Number:
Date: Official(s), Staff person(s) involved:
Administering Department/Division: Issues:
3. • (check) Additional Disputes listed on Attachment
Schedule N - (Living Wage - Declaration of Compliance) Grants accumulating over $100K, Grants under $100K mark N/A Employment Questionnaire: Please respond to the following questions: Responses (1) How many permanent employees are employed with your company? (If less than 5, stop here) N/A (2) How many of your permanent employees are paid above the Living Wage rate? (3) How many of your permanent employees are paid below the Living Wage rate? (4) Number of compensated days off per employee? (Refer to item "a" above):
(5) Number of trainees in your company?
(6) Number of employees under 21 years of age, employed by a nonprofit corporation for after school or summer employment for a period not longer than 90 days.
Rev. 9/2018 DM Page 1 of 3
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Schedule N-1 - (Equal Benefits - Declaration of Nondiscrimination) Grants accumulating over $25K, Grants under 25K mark N/A Section A. Grantee Information
(1) Are you an EBO certified firm (Please check one) * Yes No (if yes, please attached certificate and skip Schedule N-1) (2) Approximate Number of Employees in the U.S._ 232 (3) Are any of your employees covered by a collective bargaining agreement or union trust fund? (Please check one) * Yes • No (4) Union names SEIL 1021, EPOA, CAMP Section B. Compliance
(1) Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? (Please check one) Xl Yes • No (2) Does your company provide or offer access to any benefits to employees with domestic partners? (Please check one) X Yes ONo Section C. Benefits PLEASE CHECK EACH BENEFIT THAT APPLIES Benefits Offered to Offered to Offered to Employees Not Offered Documentation Employees only Employees and their and their Domestic at all attached spouses Partners
Health
Dental
Vision
Retirement (Pension, 401K, etc.)
Bereavement
Family Leave
Parental Leave
7 Employee Assistance Program
Relocation & Travel
Company Discount, Facilities & Events
Credit Union
Child Care
Other
(1) CFAR is a City Financial Recipient. (2) Domestic Partner is defined a s a same sex couples or opposite sex couples registered as such with a state or local government domestic partnership registry
Rev. 9/2018 DM
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3 Schedule P - (Nuclear Free Zone - Ordinance 11478 C.M.S.) I declare under penalty of perjury that I have read Ordinance 11478 C.M.S. titled "An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers", as provided on the City's website, see "footnote" below I certify that my firm conforms with the conditions as defined in Ordinance 11478 C.M.S.
I declare that my company is NOT in compliance with Ordinance 11478 C.M.S., but my proposal/bid should be considered because:
Schedule V - (Affidavit of Non-Disciplinary or Investigatory Action) I certify that the following entities: Equal Employment Opportunity Commission (EEOC), Department of Fair Employment & Housing (DFEH) or the Office of Federal Contract Compliance Programs (OFCCP) has not taken disciplinary or investigatory action against the Firm. If such action has been taken, attached hereto is a detailed explanation of the reason for such action, the party instituting such action and the status or outcome of such action. Initial:_ Oakland's Minimum Wage Law - (Resolution 85423 C.M.S. - Oakland Municipal Code Section 5.92, et seq.) I certify that I have read Oakland's minimum wage law and I am in full compliance with all its provisions. Initial:
Affirmative Action - I certify that I/we shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, sexual orientation, national origin, age, disability, Acquired Immune Deficiency Syndrome (AIDS) AIDS related complex, or any other arbitrary basis and shall insure compliance with all provisions of Executive Order No. 11246 (as amended by Executive Order No. 11375). I certify that I/we shall not discriminate against any employee or applicant for employment because they are disabled veteran of the Vietnam era and shall insure compliance with all provisions of 41CFR60-250.4 where applicable. Initial:
By signing and submitting this combined schedules form the prospective primary participant's authorized representative hereby obligates the proposer(s) to the stated conditions referenced in this document. I declare under penalty of perjury that Name of Individual: Title:
Signature:_ Date:
PLEASE NOTE: Detailed descriptions of all policies represented in this combined form may be found at Contracts and Compliance website "Policies and Legislation" address https://www.oaklandca.gov/documents/contracting-policies-and-legislation For an electronic copy of this combined form and copies of standalone contract Schedules R, E, O, Q, Exit Affidavit and Schedule G please go to this web address https://www.oaklandca.gov/documents/contracts- and-compliance-forms-and-schedules
Rev. 9/2018 DM Page 3 of 3
DocuSign Envelope ID: 34B194D0-2439-4B5E-8BEB-98A198CA73A3
SCHEDULE E
To be completed by prime consultants only. PROJECT CONSULTANT TEAM LISTING Date: 9/23/22
The consultant herewith must list all sub-consultants regardless of the tier and their respective percentages of the project work. No other sub-consultants, other than those listed below shall be used without prior written approval by the City of Oakland. Provide all information listed and check Prime Consultant: City of Emeryville the appropriate boxes. Firms must be certified with the City of Oakland in order to receive Local/Small Local Business Enterprise credits. At the time of submittal of Schedule E (for 8 to Go Paratransit Shuttle Service professional services), some L/SLE-participation must be proposed in order to satisfy the the Project Name:
requirement at the time of submission. If zero participation is presented, the proposal will not be accepted. Signed:
% of
Phone Project Dollar Ethnicity Gender
LBE VSLBE SBA-LBE LPG-LBE
Type of Work Company Name Address and City Number Work Amount BE **
i211 NewellAve, #200 925.937.
Transportation ETMA (Emergile Walnut Creek, Caust 0980 100% $50,000 Transportation
Management
Attach additional page(s) if necessary.
* (AA=African American) (Al=Asian Indian) (AP=Asian Pacific) (C=Caucasian) (H=Hispanic) (NA=Native American) (O=Other) (NL=Not Listed) Contractors are required to identify the ethnicity and gender of all listed firms majority owner. This information will be used for tracking purposes only. ** (M = Male) (F = Female)
Revised 1/21/2022 DM