Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 5 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
037 Japanese zelkova 7 1 18 to 20 12 to 15
Young tree, pruned to rounded form below
HV electrical lines. Closely spaced, multiple
limb attachments. Vigor and foliage density
are moderately low with limited twig/branch
dieback occurring. Planting appears water
stressed. Bubblers are present.
Moderate 6' X
continuous None None Yes 5947; 5948;
5949; 5950
038 Japanese zelkova 6.5 1 18 to 20 12 to 15
Young tree, pruned to rounded form below
HV electrical lines. Closely spaced, multiple
limb attachments. Vigor and foliage density
are moderately low with limited twig/branch
dieback occurring. Planting appears water
stressed. Bubblers are present.
Moderate 6' X
continuous None None Yes 5947; 5948;
5949; 5950
039 Japanese zelkova 6 1 18 to 20 12 to 15
Young tree, pruned to rounded form below
HV electrical lines. Closely spaced, multiple
limb attachments. Vigor and foliage density
are moderately low with limited twig/branch
dieback occurring. Planting appears water
stressed. Bubblers are present.
Moderate 6' X
continuous None None Yes 5947; 5948;
5949; 5950
040
mountain she oak
(Allocauserina
verticilata) (Casurina
stricta )
21 1 50 to 55 40 to 45 3.0 3.0
Mature tree with generally symmetrical
crown form. No significant structural defects
observed. Lower trunk damage present.
Vigor and foliage density are moderate.
Dense surface root system.
Moderate 7' x 7'
Significant sidewalk
displacement
occurring.
Significant No 5951; 5952;
5953
041 mountain she oak 22 1 50 to 55 40 to 45 3.0 2.0
Mature tree with trunk deformity and
probable crown gall infection. Damage on
north side of trunk. Dense surface root
system.
Poor to Fair 7' x 7'
Significant sidewalk
displacement
occurring.
Significant No
5954; 5955;
5956; 5957;
5758
042
London plane tree
(Platanus hispanica x
'Bloodgood'
25 1 60 50 to 55 2.5 3.0
Mature tree with large symmetrical crown
form. History of pruning. No significant
structural defects observed. Typical foliar
problems of mildew.
Moderate 6' x 5'
Significant sidewalk
displacement
occurring.
Significant No 5959; 5960;
5961
043
pink iron bark
(Eucalyptus
sideroxylon 'Rosea'
19 1 30 35 3.0 3.0
Mature tree with symmetrical crown form.
Lower trunk damage present. No significant
structural defects. Vigor and foliage density
are moderate.
Good
Large, open
area away
from
pavement.
Sidewalk
displacement nearby
with asphalt patch.
Significant No 5986; 5987
044
coast redwood
(Sequoia
sempervirens)
3 1 8 10 1.5 2.0 Stunted tree with extensive crown dieback.
Variable vigor in response to winter rains. Poor
Large, open
area away
from
pavement.
None None No 5988
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 6 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
045 coast redwood 12; 16 2 20 20 2.0 2.0
Semi-mature tree with two trunk structure.
Upper crown dieback occurring. Vigor is
variable.
Fair
Large, open
area away
from
pavement.
None None No 5989
046 pineapple guava
(Feijoa sellowiana) 2 to 3 5 10 12 2.5 2.0 Low, multiple trunk structure. Lower trunk damage from stem failure. Variable vigor. Fair
Large, open
area away
from
pavement.
None None No 5990
047 pineapple guava 7; 11 2 15 15 3.0 2.0
Low, two trunk structure. Lower trunk
damage. Vigor and foliage density are
moderate.
Fair
Large, open
area away
from
pavement.
None None No 5991
048
Hollywood juniper
(Juniperus chinensis
'Torulosa')
20 1 25 to 30 15 3.0 2.0
Located on adjacent property. Nigh branch
structure. Lower trunk damage. Moderate
vigor and foliage density.
Fair None None None No 5992
049
red maple (Acer
rubrum 'Autumn
Fire')
1 1 8 3 2.0 3.0
Young tree with no significant structural
defects. Drought stressed. Limited lower
trunk damage from string trimmer.
Fair
Large, open
area away
from
pavement.
None None No 5993
050 red maple Autumn
Fire 1 1 8 3 2.0 3.0
Young tree with no significant structural
defects. Drought stressed. Limited lower
trunk damage from string trimmer.
Fair
Large, open
area away
from
pavement.
None None No 5994
051 coast live oak 1 1 7 4 3.0 3.0
Young tree with no significant structural
defects. Vigor and foliage density are
moderate.
Good
Large, open
area away
from
pavement.
None None No 5995
052 coast live oak 1.25 1 7 5 3.0 3.0
Young tree with no significant structural
defects. Vigor and foliage density are
moderate.
Good
Large, open
area away
from
pavement.
None None No 5996; 5997
053 Deodar cedar (Cedrus
deodara) 2 1 7 5 3.0 3.0
Young tree with no significant structural
defects. Vigor and foliage density are
moderate.
Good
Large, open
area away
from
pavement.
None None No 5998
054 red maple Autumn
Fire 1.5 1 10 5 2.5 2.5
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt. Lower trunk damage from string
trimmer.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 5999; 6000
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 7 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
055 Deodar cedar 2 1 7 5 3.0 3.0
Young tree with no significant structural
defects. Vigor and foliage density are
moderate.
Good
Large, open
area away
from
pavement.
None None No 6001
056 red maple Autumn
Fire 1.75 1 12 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt. Vigor and foliage density are
moderately low.
Moderate
Large, open
area away
from
pavement.
None None No 6002
057 Deodar cedar 2.5 1 8 8 3.0 3.0
Young tree with no significant structural
defects. Vigor and foliage density are
moderate.
Good
Large, open
area away
from
pavement.
None None No missing
058 red maple Autumn
Fire 1.5 1 10 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt. Vigor and foliage density are
moderately low.
Moderate
Large, open
area away
from
pavement.
None None No missing
059 red maple Autumn
Fire 1.5 1 10 5 2.0 2.5 Young tree with lean. Drought stressed with dieback occurring. Vigor is low. Fair
Large, open
area away
from
pavement.
None None No 6003; 6005
060 red maple Autumn
Fire 1 1 10 5 2.0 2.5
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt. Lower trunk damage from string
trimmer.
Fair
Large, open
area away
from
pavement.
None None No 6004; 6005
061 Chinese pistache
(Pistacia chinensis) 1.5 1 12 5 3.0 3.0
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed.
Moderate
In planter
area away
from
pavement.
None None No 6006; 6007
061 Chinese pistache 2 1 14 6 2.5 2.5
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed with low crown
density.
Moderate 3' x
continuous None None No 6008
063 Chinese pistache 2 1 12 6 3.0 3.0
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed.
Moderate 3' x
continuous None None No 6009
064 Chinese pistache 1.75 1 15 6 3.0 3.0
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed.
Moderate 3' x
continuous None None No 6010
065 Chinese pistache 2 1 12 6 3.0 3.0
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed.
Moderate 3' x
continuous None None No 6011
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 8 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
066 Chinese pistache 1.75 1 12 8 3.0 3.0
Young tree with high-branched structure. No
significant structural defects. Tree appears
moderately water stressed.
Moderate 3' x
continuous None None No 6012
067 Chinese pistache 1 1 12 4 2.5 2.5
Young tree in need of structural pruning with
secondary trunk becoming dominant. Vigor
appears moderate low.
Fair to Moderate 3' x
continuous None None No 6013
068 Chinese pistache 2 1 15 4 2.5 2.0
Young tree with high-branched structure. Co-
dominant trunks. Tree appears moderately
water stressed with low crown density. Lean
in trunk.
Fair to Moderate 3' x
continuous None None No 6014; 6015
069 Marina arbutus 4 1 15 12 3.0 3.0
Young tree with good vigor and dense
growth. No significant structural defects
observed.
Good 3' x
continuous None None No 6016
070 Marina arbutus 4 1 15 15 3.0 3.0
Young tree with good vigor and dense
growth. No significant structural defects
observed.
Good 3' x
continuous None None No missing
071 Marina arbutus 6.5 1 15 15 3.0 3.0
Young tree with good vigor and dense
growth. No significant structural defects
observed.
Good 3' x
continuous None None No 6017
072 Marina arbutus 7 1 12 8 3.0 3.0
Young tree with good vigor and dense
growth. No significant structural defects
observed. Tree has been pruned for
clearance for electrical service drop.
Adjacent small fern pine and pineapple
guava in planting strip.
Good 3' x
continuous None None No 6018; 6019
073
fern pine (Podocarpus
gracilior) (Afrocarpus
falcatus)
8 2 @ 5' 18 20 3.0 3.0
Tree growing in front yard adjacent to
sidewalk. Co-dominant trunk structure.
Vigor and foliage density are good.
Good front yard None None No 6020
074
saucer magnolia
(Magnolia
soulangeana)
1 to 5 multi 6 4 3.0 3.0
Young, small tree with low multiple trunk
structures. Vigor and foliage density are
good.
Good 3' x
continuous None None No 6021
075 fruiting apple (Malus
domestica ) 4; 4.5; 6 3 15 12 3.0 3.0
Tree growing in front yard adjacent to
sidewalk. No significant structural defects.
Vigor and foliage density are good.
Good front yard None None No 6022
076 Brisbane box 6; 6; 7.5 3 20 20 2.5 2.0
Low three trunk structure with included
attachments. Vigor and foliage density are
moderately low. Probable aphid or scale
infestation.
Fair 3' x
continuous Minor displacement. Minor No 6023; 6024
077
Southern magnolia
(Magnolia
grandiflora)
10 1 20 20 3.0 3.0
Tree growing in front yard adjacent to
sidewalk. No significant structural defects.
Vigor and foliage density are good.
Good front yard Sidewalk crack. Minor No 6025; 6026
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 9 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
078 Brisbane box 11 1 25 20 to 25 3.0 3.0
Semi-mature tree with narrow scaffold limb
attachments mid-crown. Vigor and foliage
density are moderate. Probable history of
root pruning. Large Taxus growing in front
yard nearby.
Moderate 3' x
continuous
Limited displacement
occurring. Minor No 6027; 6028;
6029; 6030
079 Aristocrat flowering
pear 11 1 20 25 3.0 2.5
Semi-mature tree with closely spaced,
multiple limb attachments occurring at 10'.
Vigor and foliage density are moderate.
Moderate 3' x
continuous
Significant sidewalk
displacement
occurring. Asphalt
patch.
Significant No 6031; 6032
080 Aristocrat flowering
pear 11.5 1 25 25 2.5 2.5
Semi-mature tree with asymmetrical upper
crown growing towards street due to pruning
for building clearance. Branch dieback
occurring in upper crown. Variable vigor.
Fair 3' x
continuous
Significant sidewalk
displacement
occurring. Asphalt
patch.
Significant No 6033; 6034;
6035
081 Chinese pistache 5 1 15 12 2.5 3.0
Young tree with spreading crown form.
Drought stressed with dieback occurring.
Vigor is variable.
Moderate
Large, open
area away
from
pavement.
None None No 6036
082 Chinese pistache 5.5 1 15 12 2.5 3.0
Young tree with spreading crown form.
Drought stressed with dieback occurring.
Vigor is variable.
Moderate
Large, open
area away
from
pavement.
None None No 6037
083 purple-leaf plum 2 to 3.5 6 15 15 3.0 3.0 Low, multiple trunk structure. Vigor and foliage density are moderate. Good
Large, open
area away
from
pavement.
None None No 6038
084 red maple 2.5 1 15 5 1.5 3.0
Young tree in serious drought stress.
Probable branch dieback. No significant
structural defects. Vigor is very low.
Poor
3' circular
planter with
grate.
None None No 6039
085 red maple 1.5 1 12 6 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Moderate
4' x 4'
landscape
planter
None None No 6040
086 red maple 4.5 1 18 12 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Moderate
4' x 4'
landscape
planter
None None No 6041
087 water gum
(Tristaniopsis laurina) 5 1 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
No significant structural defects. Vigor and
foliage density are good.
Moderate 3' x 3' Limited displacement
occurring. Minor Yes 6042
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 10 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
088 water gum 6 1 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
No significant structural defects. Vigor and
foliage density are good.
Moderate 3' x 3' Sidewalk crack. Minor Yes 6043; 6046
089 water gum 4; 5 2 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
Co-dominant trunks at 4'. No significant
structural defects. Vigor and foliage density
are good.
Moderate 3' x 3' Sidewalk crack. Minor Yes 6043; 6045
090
Mexican fan palm
(Washingtonia
robusta)
20 1 100 15 3.0 3.0 Mature palm growing in front yard. Moderate front yard None None No 6044 091 water gum 6 1 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
No significant structural defects. Vigor and
foliage density are good.
Moderate 3' x 3' Significant
displacement. Significant Yes 6043; 6047
092 water gum 6 1 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
No significant structural defects. Vigor and
foliage density are good.
Moderate 3' x 3' Minor displacement
occurring. Minor Yes 6048
093 water gum 3.5; 4 2 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
Co-dominant trunks at 4'. No significant
structural defects. Vigor and foliage density
are good.
Moderate 3' x 3' 1" displacement lift. Significant Yes 6048 094 water gum 6 1 10 6 3.0 3.0
Semi-mature tree pruned low for clearance
from overhead high voltage electrical lines.
No significant structural defects. Vigor and
foliage density are good.
Moderate 3' x 3' 1" displacement lift. Significant Yes 6048 095 saucer magnolia .5 to 1 multi 4 5 3.0 3.0
Young, small tree with low multiple trunk
structure. Vigor and foliage density are
good.
Moderate 3' x 3' None None Yes 6049
096 Japanese maple
(Acer palmatum) .5 to 1 4 5 4 3.0 3.0
Young, small tree with low multiple trunk
structure. Vigor and foliage density are
good.
Moderate 3' x 3' None None Yes 6050
097 Southern magnolia 9 1 15 15 2.5 3.0
Semi-mature tree with closely spaced ,
multiple limb attachments forming at 6'.
Vigor is low with limited branch dieback
occurring.
Fair 4' x
continuous None None No 6051
098 Saratoga laurel
(Laurus 'Saratoga') 5.5 1 12 8 2.5 2.0
Semi-mature tree that has been subject to
harsh pruning for clearance over street.
Vigor is moderately low.
Fair 3' x
continuous
Sidewalk repair
adjacent to tree. None Yes 6052; 6053;
6054
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 11 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
099 Saratoga laurel 6 1 12 10 3.0 2.0
Semi-mature tree that has been subject to
harsh pruning for clearance over street.
Vigor is moderately low.
Fair 3' x
continuous None None Yes 6055
100 Shamel ash (Fraxinus
uhdei ) 12; 17 2 30 40 3.0 2.0
Mature tree with fused two trunk structure.
Subject to top pruning for electrical line
clearance. Vigor and foliage density are
moderate.
Poor 3' x 4'
Severe displacement
occurring including
curb and street.
Significant Yes 6056; 6057;
6058
101 red maple Red Sunset 1.5 1 12 to 15 4 to 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6059
102 red maple Red Sunset 1.25 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6059
103 red maple Red Sunset 1.5 1 12 to 15 4 to 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6059
104 red maple Red Sunset 1.25 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6060, 6061
105 red maple Red Sunset 1 1 12 to 15 4 to 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6060, 6061
106 red maple Red Sunset 1.25 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6060, 6061
107 red maple Red Sunset 1.5 1 12 to 15 4 to 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6060, 6061
108 red maple Red Sunset 1.5 1 12 to 15 4 to 5 2.5 3.0
Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6060, 6061
Richmond Wellness Trail
Tree Evaluation Data
MacNair and Associates Page 12 of 12 5/13/19
Tree #
(GPS) Species
Trunk
Diameter @
4.5' (inches)
# of
Trunks
Crown
Height
(approx.
feet)
Crown
Diameter
(approx.
feet)
Health
Rating
Structural
Rating Comments/Observations Suitability for Preservation Planter Size Pavement Impact Pavement
Displacement
Rating (Current)
Overhead HV
Electrical
Tree Image
Reference
109 red maple Red Sunset 1.75 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6062
110 red maple Red Sunset 1.25 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6062
111 red maple Red Sunset 1.25 1 12 to 15 4 to 5 2.5 3.0 Young tree with no significant structural
defects. Drought stressed with foliage in
wilt.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6062
112 coast live oak 2.5 1 7 3 2.0 3.0
Young tree with no significant structural
defects. Drought stressed with low vigor and
twig dieback.
Fair to Moderate
Large, open
area away
from
pavement.
None None No 6063
113 coast live oak 2.5 1 7 3 2.5 3.0 Young tree with no significant structural defects. Drought stressed with low vigor. Fair to Moderate Large, open
area away
from
pavement.
None None No 6064
114 coast live oak 2.5 1 8 3 2.5 3.0 Young tree with no significant structural defects. Drought stressed with low vigor. Fair to Moderate Large, open
area away
from
pavement.
None None No 6065
115 blackwood acacia
(Acacia melanoxylon) 12; 18 2 50 40 3.0 2.5
mature tree with low, two trunk structure,
Possible lower trunk attachment defect.
Vigor and foliage density are good.
Pineapple guava growing on other side of
overpass.
Moderate
Growing next
to pedestrian
overpass.
None None No 6066; 6067
116 coast live oak 10; 12 2 30 30 3.0 2.0
Semi-mature tree with low two trunk
structure. Trunk union is include. Vigor and
foliage density are good.
Moderate None None No No 6068; 6069
Attachment 2- Resolution
RESOLUTION NO- ____
A RESOLUTION OF THE CITY COUNCIL OF CITY OF RICHMOND,
CALIFORNIA AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR
THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM AND
EXECUTION OF ALL NECESSARY AGREEMENTS
WHEREAS, cities across California and the U.S. are developing efforts addressing climate change that prioritize policies, resources, and tailor regulatory tools to specific areas experiencing high levels of cumulative pollution and negative health impacts to advance environmental justice and community revitalization, and that are each unique and crafted based on community-identified concerns and solutions; and
WHEREAS, in cities across California and the U.S., low-income, disadvantaged communities experience significant economic and health disparities as well as face disproportionate impacts of pollution, urban blight, and the adverse effects of climate change; and
WHEREAS, the City of Richmond recognizes that the built environment is an important determinant in community health, and is committed to improving the safety, resiliency, and health for all Richmond residents; and
WHEREAS, on April 25, 2012, the City Council adopted the Richmond General Plan 2030 to guide the City's sustainable growth and development. The General Plan provides a comprehensive framework for developing a healthy city and neighborhoods. The City of Richmond is one of the first cities in the country to include a comprehensive element dedicated to community health and wellness; and
WHEREAS, on July 18, 2017, the City Council adopted the Climate Action Plan serving as a framework of policies and programs on how the City will reduce greenhouse gas emissions and prepare for the impacts of climate change on public health, infrastructure, ecosystems, and public spaces in our community; and
WHEREAS, on February 18, 2020, the City Council adopted Resolution No. 12-20, adopting the Richmond Resilience Roadmap (Roadmap), a Transformative Climate Community program planning grant funded project. The Roadmap, which is the result of a larger community outreach and engagement process, explores nine potential projects that can advance the Strategic Growth Council’s sustainable communities objectives, such as improving air quality, improving water quality, reducing GHG emissions, improving transportation, and strengthening community resiliency to the impacts of climate change focused in three of Richmond most environmentally-burdened neighborhoods, as identified by CalEnviroScreen- Coronado, Iron Triangle, and Santa Fe; and
WHEREAS, the Legislature and the Governor of the State of California have provided funds for the State Strategic Growth Council’s Transformative Climate Community program to utilize climate investments to improve health and economic
Attachment 2- Resolution
disparities through funding from the Cap-and-Trade Greenhouse Gas Reduction Fund; and
WHEREAS, on February 24, 2022, TCC Program, administered by the California Strategic Growth Council (SGC) and Department of Conservation, issued a Notice of Funding Availability (NOFA) for Round 4 of the TCC Program for implementation of grant funded activities, up to thirty-five million ($35,000,000), that reduce greenhouse gas (GHG) emissions through the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated GHG emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities (“TCC Grant”); and
WHEREAS, the City of Richmond, along with co-applicants and partners including but not limited to, Groundwork Richmond, GRID Alternatives, LifeLong Medical, Pacific West Communities, Inc, The Trust for Public Land, and Urban Tilth, are jointly submitting a TCC implementation grant application for the Richmond Rising:
Healthy, Connected, and Climate Strong (RR) Project focused on implementing certain projects identified in the Resilience Roadmap and other City plans, including the Urban Greening Master Plan, Pedestrian Plan, and Bicycle Master Plan; and
WHEREAS, as required by the Grant Guidelines, the RR Project will focus on the needs of those community members who are over-burdened and live in low-wealth areas, as well as people of color, youth, and people with disabilities, low-income residents, and seniors; and
WHEREAS, efforts will include community engagement and investment in community initiatives that are innovative and may involve coordination with local and regional plans; and
WHEREAS, if selected, agreements with the State of California Strategic Growth Council and the Department of Conservation will be needed and the City of Richmond will be responsible for compiling and submitting all invoices and reporting requirements for the RR Project, whose goals, progress metrics, and environmentally conscious strategies promote health and economic development; and
WHEREAS, for any specific projects which fall under the scope of the City’s Pedestrian Plan, Urban Greening Master Plan, Climate Action Plan, and solar installation projects, CEQA review has been completed and no further review under CEQA is required; and
WHEREAS, for all other projects which will utilize TCC grant funds and have not completed CEQA, CEQA review will be completed prior to committing to or funding the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does hereby resolve, declare, determine and order as follows:
Section 1. The City Manager or their designee is authorized and has authority to
Attachment 2- Resolution
apply, accept, and appropriate a Transformative Climate Communities Implementation Grant and execute all related documents, if awarded.
Section 2. The City Manager or their designee is authorized to execute a Memorandum of Understanding, as approved to form by the City Attorney, with project partners to facilitate the grant application and verify the partners’ commitments toward project implementation.
-------------------
I CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Richmond, California at a regular meeting held on June 21, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________
PAMELA CHRISTIAN
CITY CLERK
_____________________________
THOMAS K. BUTT
MAYOR
Approved as to form:
________________________________
DAVE ALESHIRE
INTERIM CITY ATTORNEY
June 21, 2022
Economic Development
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Winifred Day, Arts & Culture Manager
Subject:
Contract with Art Builds Community to Develop a Public
Art Master Plan
FINANCIAL IMPACT: The proposed $35,000 contract expenditure will be paid from the Public Art in Private Development Fund using
account string 13564165-400201. There will not be an
impact to the General Fund.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Barbara Goldstein dba Art Builds Community (ABC) will
work with Stakeholders from Richmond Arts and Culture
Commission, Public Art Advisory Committee, City
Council, Richmond residents, and a variety of City staff to create a Public Art Master Plan to guide the execution of the City’s public art program.
RECOMMENDED ACTION:
APPROVE a contract with Art Builds Community (ABC)
to create an actionable Public Art Master Plan, in a total amount not to exceed $35,000, for a term beginning June 22, 2022, and ending June 30, 2023 – Economic
Development, Arts & Culture (Shasa Curl/Winifred Day
620-6512).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
In May 2021, the City Council approved an updated Art Ordinance along with Public Art Program Policies and Procedures. The updated documents can be viewed at http://www.ci.richmond.ca.us/4107/Ordinances-Policies-Procedures-and-Docum. A recommendation from the updated documents included updating the Public Art Master Plan.
In March 2022, a Request for Proposals (RFP) seeking the preparation of a Public Art Master Plan was distributed to a list of over 75 experienced art consultants representing the nine Bay Area Counties, along with postings in social media and the City of Richmond’s BidsOnline System. The main objective and outcome are to have a Public Art Master Plan to guide the execution of the city’s Public Art Program that aligns with the goals of the Richmond General Plan 2030. In April 2022, City staff received, from Art Builds Community (ABC), the only response to the RFP.
The Public Art Advisory Committee (PAAC) will work closely with the ABC team. A main deliverable in the scope of work of the contract requires interface and interviews with stakeholders from various parts of the community including the City Council, Richmond Arts and Culture Commission (RACC), and PAAC Members. Additionally, the ABC team will attend several “Pop-Up” interview sessions at public events across the city including Farmer’s Markets, Love Your Block Neighborhood events, and other celebrations where residents will gather, who might not otherwise attend an art outreach session.
City staff is recommending the approval of a contract with ABC to create an actionable Public Art Master Plan, in a total amount not to exceed $35,000, for a term beginning June 22, 2022, and ending June 30, 2023. Its principal, Barbara Goldstein, has an international reputation as one of the founders of the best Public Art Programs in the country including Los Angeles, San Jose, and Seattle.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Contract
Attachment 2 – Request for Proposals (RFP) Public Art Master Plan
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
ART BUILDS COMMUNITY 241 S 12th St. San Jose, CA | 95112-2139
Exhibit A - Scope of Work and Schedule
Task A. Project Initiation and Research
▪ Meet with City staff and the Public Art Advisory Committee (PAAC) to discuss the current public art program, learn about existing and in-process public art projects, project administration, protocols, deliverables, and schedule. ▪ Review existing documents including existing public art policies, procedures or guidelines, and community and urban design plans.
▪ Identify members of a Plan Advisory Committee (if different from the PAAC) to help steer the plan.
▪ Identify up to 12 key internal and external stakeholders to interview during outreach and engagement phase of plan.
Deliverable: Refined Scope of Work, Outreach Plan, and Timeline Timeframe: Four weeks
Task B. Outreach and Public Participation
▪ Convene an initial meeting with Plan Advisory Committee to review planning process and solicit input about stakeholder participation. ▪ Interview select internal City stakeholders to assess capital construction plans, opportunities for including art in City projects, and in private development.
▪ Initiate marketing campaign to inform Richmond residents, employees, and visitors about the public art planning process. ▪ Give up to four public webinar/presentations and/or work sessions with external stakeholders.
▪ Produce four participatory community engagement activities at public events and gathering places to solicit ideas for locations and types of public art programming.
▪ Present to up to three other City Boards, Commissions, and City Council as recommended by Plan Advisory Committee and Arts and Culture Manager.
[email protected] | 408.582.3947 | www.artbuildscommunity.com
ART BUILDS COMMUNITY 241 S 12th St. San Jose, CA | 95112-2139 Deliverable: Progress report summarizing outreach, research, meetings held
Timeframe: Eight weeks
[email protected] | 408.582.3947 | www.artbuildscommunity.com
Task C. Synthesis and Emerging Themes
▪ Analyze the information gathered during Tasks B.
▪ Create report describing findings and emerging themes. ▪ Present findings and emerging themes to PAAC, Arts and Culture Manager, and Plan Advisory Committee for feedback and suggestions.
Deliverable: Summary of emerging themes, draft vision, mission, and objectives Timeframe: Four weeks
Task D: Draft Public Art Master Plan
▪ Based on feedback, develop draft public art plan the includes:
o Mission, Goals and Guiding Principles with a cultural equity lens o Overview of community vision and aspirations for public art o Key themes and priorities for public art programming, including temporary and permanent art commissions, cultural grants o Recommendations for community engagement and educational programming
o Proposed revisions to policy procedures and guidelines if indicated o Recommended public art locations
o Recommended funding and partnership opportunities
o Short-term, mid-term and long-range implementation strategies and priorities
Deliverable: Draft plan
Timeframe: Four weeks.
Task E. Draft Master Plan Review and Refinement
▪ Distribute draft to Plan Advisory Committee and key internal stakeholders for review and comment.
▪ Refine plan incorporating comments.
▪ Post and present revised plan for final review and approval.
[email protected] | 408.582.3947 | www.artbuildscommunity.com ART BUILDS COMMUNITY 241 S 12th St. San Jose, CA | 95112-2139 Deliverable: Final plan
Time Frame: Eight weeks
Fee Proposal
Cost Item Hourly Cost Hours Total
Lead Staff $150 120 $18,000
Research/Management and
Community Engagement Staff $75 120 $9,000
Marketing and Outreach Support $50 120 $6,000
Mileage $1,000
Total $35,000
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1 PUBLIC ART ADVISORY COMMITTEE (PAAC)
REQUEST FOR PROPOSALS (RFP)
PUBLIC ART MASTER PLAN (2022 23)
Request for Proposals for the Preparation of a Public Art Master Plan for the City of Richmond CA I. INTRODUCTION
Master Plan to guide the execu ublic art
program, in alignment with the 2021 updated Public Art Ordinance, Art Policies and Art Procedures, 2030 General Plan vision and goals of the Richmond community and the Public Art
II. BACKGROUND
The City of approximately 110,000 residents in the San Francisco Bay Area is recognized as a thriving arts community that celebrates its artists, art organizations, art programs and events. In 1987, City Ordinance No. 41.87 established the Richmond Arts and Culture Commission (RACC) with the purpose to promote and encourage the development and interest in the fine and performing arts. Furthermore, it acts in an advisory capacity to the City concerning all artistic ltural heritage.
In 2021, Ordinance No 08-21 updated its policies on the inclusion of public art in private (CIP) projects and requires private developers to designate 1% for public art, as well. PAAC, a designated committee of the RACC, oversees all public art for the city. The City is home to over 300 art works including a Sargent Johnson enamel painting commissioned in the 1950s along with art by many other notable artists. A recent CIP Project includes Ookwe Park design and installation by Masayuki Nagase. The PAAC also oversees the 1% Public Art Fund for new public art projects. Some of the recent projects include the commission of the official City of Richmond Osprey Bird sculpture on a Private Developer site. PAAC is in the process of evaluating the art collection installed across the city with the completion of a comprehensive art inventory. Art maintenance also falls under the guidance of PAAC. The results of the inventory, which includes art condition reports, will help inform recommendations for the placement of new art commissions.
2 Public art is also supported by the City in other ways. Since 2010, the RACC has been awarding $65,000 in annual Neighborhood Public Art (NPA) Mini Grants. In 2021, PAAC provided $50,000 for the COVID Relief Mini Grants for temporary public art projects.
The goal for the Public Art Master Plan, as required in the Public Art Ordinance, is to guide expenditures from the Public Art Fund and to rowing
public art program and art collection. It is intended to build on the 2030 General Plan goals and objectives, along with updated Art Policies and Procedures. 01-General-Plan-Cover (richmond.ca.us)
130-Arts-and-Culture-Element (richmond.ca.us)
Arts and Culture Ordinances, Art Policies and Art Procedures The following Arts and Culture Ordinances, Policies and Procedures documents were adopted on May 4th and May 18, 2021.
o RMC 3.59 Arts and Culture Commission (Amended 5/18/2021) o RMC 6.50 Public Art Program (Adopted 5/18/2021)
o Public Art Policies and Procedures_v2 (Adopted 5/4/2021) - Note: Updated 7/16/2021 to reflect the change in meeting times to Thursday.
o Exhibit A: Public Art in Private Development Application Form (fillable) o
o Exhibit C: Public Art in Private Development Process Chart o Exhibit D: Public Art in Private Development Payment Chart
III. Public Art Master Plan Request for Proposals (RFP) Schedule The City reserves the right to alter the following schedule as needed.
Request for Proposals Issued April 5, 2022
Proposals Due April 29, 2022
RFP Interviews May 2022
Selection Recommendation June 2022
City Council Recommendation Approved June 2022
IV. Submission of Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
3 d
proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully. www.ci.richmond.ca.us/bids
The proposal must be received no later than 3:00 p.m., local time, on April 29th, 2022.
V. Eligibility
a. To be eligible for this contract. The Consultant (Team) must be based in one of the 9 Bay Area counties.
requirements through
execution of the Service Provider Agreement attachment as Exhibit A; written confirmation of this condition is required to be eligible to submit a proposal.
VI. Questions
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 PM on April 20th, 2022. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notificatio
periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
VII. Scope of Work (SOW), Fee proposal and Schedule
The City looks to the Consultant (Team) to present a high-quality Scope of Work (SOW) and cost- effective fee proposal. Key components of the Public Art Master Plan include:
1. Review of mission, vision, and go Public Art Program, including a focus on cultural equity goals to ensure that they are up-to date and reflect the current goals of the City.
2. Recommendation and prioritization of new public art programming, including temporary and permanent art commissions, cultural grants, and other programs based on feedback from the community.
3. Review of existing background documents including but not limited to the 2030 General Plan, recently updated Art Ordinances and Art Policies and Art Procedures (2021).
4. Outreach to and engagement of the Richmond community, including a diverse range of stakeholders to broadly question; art resources, community desires, and specifically, public art awareness.
5. Recommendation of programs and strategies to increase funding for public art in Richmond.
6. Identification of sites for future temporary and permanent public artworks building on the strengths of the current art collection.
4 7. Recommendation for marketing and educational programs.
8. At least one working session with the PAAC, the residents, Richmond based artists and final presentations of the Public Art Master Plan to the PAAC, RACC and to the City Council.
City Staff time can be available to assist with administrative tasks such as scheduling of interviews and community meetings.
The estimated schedule for completion of the strategy, including involvement of the community and presentation to the Public Art Commission and City Council is maximum of six-eight months.
VIII. Submittal Requirements
The City is requesting that submitted proposals contain the following information in the ensuing order:
1. Table of Contents
2. Letter of Interest
3. Project Understanding and Approach
4. Team Organization and Description
5. Project Manager/Key Staff/Team Experience
6. Scope of Work (SOW), Fee Proposal and Schedule
7. Comments/Questions on the City Standard Service Provider Agreement
IX. Selection Process
proposals according to the following criteria:
A.
B. The quality and experience of Project Manager and key staff persons who will be working on the project (20%)
C. project and the
Richmond community. (20%)
D. -quality Public Art Master
Plan document with a competitive fee proposal and a six - eight-month schedule. (35%)
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
June 21, 2022
Economic Development
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Winifred Day, Arts & Culture Manager
Shasa Curl, City Manager
Subject:
Contract with the Richmond Art Center (RAC)
FINANCIAL IMPACT: The funding for this two-year contract will be included in the Arts & Culture General Fund Budget for FY 2022-
2023 and FY 2023-2024 in the amount of $55,000 per
year, using account string 01364065-400201.
FY2022-2023 - $55,000
FY2023-2024 - $55,000
Total - $110,000
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City staff is seeking approval for a two-year contract for Richmond Art Center to provide visual arts services to
various community partners.
RECOMMENDED ACTION:
APPROVE a two-year sole source contract with the
Richmond Art Center to provide visual art services, in the amount of $55,000 per year, for a total contract amount not to exceed $110,000, with a term from July 1, 2022,
through June 30, 2024 - Economic Development, Arts &
Culture (Shasa Curl/Winifred Day 510-620-6512).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
Background:
Richmond Art Center (RAC) has been sharing art and creating with community since 1936. Their programs encompass classes, exhibitions, and events at their facility, as well as off-site activities that bring free, high-quality art making experiences to West Contra Costa Unified School District (WCCUSD) schools, community centers, and Richmond Public Library.
Over the next two years, some of the activities we can look forward to are art programs with various community partners, community centers, the Richmond Public Library, and WCCUSD. Unless otherwise agreed, these programs will be free to participating children, teens, and adults, and shall be taught by professionally trained teaching artists.
Art Classes
Art classes include art intergenerational, bilingual, and Spanish classes. New classes offered include yoga and DJ’ing for youth. Ceramics classes are offered on-site, while some courses are online. The RAC studio education program will provide scholarships to those students unable to afford fees, while funding is available, and the RAC will continue to offer a 10 percent (10%) discount to Richmond residents and City employees for classes and workshops.
Exhibitions
The RAC will display a variety of exhibitions annually that highlight emerging and well- known artists from the Bay Area and beyond. Examples of events previously hosted include the annual Art of the African Diaspora exhibit which featured 100 Bay Area African American artists, a solo show from Bay Area artist Dewey Crumpler that introduced a new series of large-scale Shipping Container paintings, and the Biennial of Richmond which featured eight Richmond Artists.
Community Partnerships
Community partnerships with key local players (Richmond Police Activities League - RPAL, RYSE, Community Centers, East Bay Center for Performing Arts, Nurturing Independence Through Artistic Development - NIAD, and some schools) will have a goal to offer free art classes at their sites. The RAC will also work to develop a relationship with Peres and Montalvin Manor Schools while continuing to offer scholarships to anyone in need.
The RAC will make available multidisciplinary professional development workshops for WCCUSD teachers to enable them to integrate art into their teachings of other subjects, contingent upon an equitable financial partnership with WCCUSD.
June 21, 2022
The RAC will provide free opportunities for families and the community to come to the Center and do artwork together under the direction of professional artists.
Future Events
RAC is planning a six-week summer camp on-site, positive health conditions prevailing.
The Holiday Arts Festival will be held in December each year, health conditions permitting, where the public can purchase holiday gifts made by local artists and craftspeople who benefit from the opportunity to display and sell their wares.
In order for art non-profits to receive funding from the private sector, it is essential that they can demonstrate that they have the City’s support.
At the end of each fiscal year during the two-year contract term (FY 2022-2023 and FY 2023-2024), the Richmond Art Center will provide a year-end report to the City of Richmond’s City Manager’s Office detailing how the funds were used.
DOCUMENTS ATTACHED:
Attachment 1 – Richmond Art Center Contract
Attachment 2 – Approved Sole Source Form
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
EXHIBIT A, SECTION 1 - RICHMOND ART CENTER
SERVICE PLAN
a) The Richmond Art Center (RAC) will offer art programs to our various community partners, community centers, the Richmond Public Library, and the West Contra Costa County Unified School District (WCCUSD), to the extent that adequate and sustainable funding is available for all various endeavors. These programs, unless otherwise agreed to, shall be free to participating children, teens and adults and shall be taught by professionally trained teaching artists.
b) Some of these programs may take place at the RAC facility, with an array of age- appropriate activities. When transportation is available, a visit to the RAC for a docent- led tour of exhibitions will be provided.
c) Every year the RAC will present an exhibit of selected works by WCCUSD students participating in art programs to acknowledge and celebrate the young artists. The RAC will hold a reception for students, families, friends, and the community, health directives allowing and contingent upon an equitable financial partnership with WCCUSD.
d) The RAC will make available multidisciplinary professional development workshops for WCCUSD teachers to enable them to integrate art into their teachings of other subjects, contingent upon an equitable financial partnership with WCCUSD. e) Quarterly, the RAC will submit reports and invoices to the City of Richmond describing the progress of various programs and projects.
f) The RAC studio education program will provide scholarships to those students unable to afford the fees, while funding is available, and the RAC will continue to offer a 10% discount to Richmond residents and city employees for classes and workshops. g) The RAC will provide docent-led tours of exhibitions for schools and community groups h) The RAC will provide free opportunities for families and the community to come to the Center and do artwork together under the direction of professional artists. They will also provide, when appropriate, art classes or content at partner and community sites, such as senior centers, RPAL, RYSE, etc.
i) The Holiday Arts Festival will be held in or about December every year, health conditions permitting, where the public can purchase artful holiday gifts made by local artists and craftspeople who benefit from the opportunity to display and sell their wares.
j) The RAC will mount a variety of exhibitions annually that highlight emerging and well- known artists from the Bay Area and beyond. Gallery tours, special workshops, artist talks, and events will offer the public opportunities to explore and learn about the artists.
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.
Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance providing coverage during the life of this contract.
SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
June 21, 2022
Economic Development
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Samantha Carr, Environmental Manager
Sabrina Paras, Sustainability Specialist, CivicSpark
Fellow
Subject:
Contract Amendment for Low -Income Solar Installation
Services
FINANCIAL IMPACT: The contract shall be funded by ECIA Greenhouse Gas (GHG) Mitigation Funding and will not impact the
City’s General Fund. Previously, the City Council
programmatically approved utilizing a portion of the
ECIA funds to provide solar installation services to
low-income households. The contract amendment of
$1,750,000 is to serve an additional 138 households
over 3-years and includes GRID’s administrative costs
(11771018 400549 2A1EC).
PREVIOUS COUNCIL
ACTION:
May 21, 2019
STATEMENT OF THE
ISSUE:
City staff is seeking City Council approval for a fourth contract amendment with the non-profit, GRID
Alternatives Bay Area to continue installing no cost
solar on low-income Richmond homes, utilizing
funding from the Chevron Environmental and
Community Investment Agreement.
AGENDA
REPORT
June 21, 2022
RECOMMENDED ACTION:
APPROVE a fourth amendment to the contract with
GRID Alternatives Bay Area to provide no cost solar
systems on an additional 138 low-income homes,
increasing the contract by $1,750,000 , for a total contract amount not to exceed $3,150,872, and extending the
term to June 30, 2025 - City Manager’s Office, Economic Development (Samantha Carr/Sabrina Paras 620-5407).
DISCUSSION:
Background
GRID Alternatives Bay Area is a nonprofit licensed solar contractor leading teams of volunteers and job trainees to install solar electric systems exclusively for low-income families. Since GRID’s first solar installation in the City of Richmond in 2007, GRID has completed 487 solar installations for low-income homeowners in Richmond - including 185 under the previous Environment and Community Investment Agreement (ECIA) contract beginning in 2015.
As of June 2022, a total of 487 Richmond homes have received no cost solar through GRID Alternatives totaling 1,584 kilowatts DC of clean power installed. Over the projected lifespans of these systems, Richmond families will save approximately $6.78 million, while eliminating over 12,604 tons of greenhouse gas emissions, which is the equivalent of taking 2,412 cars off the road for one year.
These installations have provided paid work opportunities for Richmond residents, as well as hands-on training for hundreds of volunteers and job seekers as a pathway to employment in the growing solar industry. Additionally, these solar projects have generated an estimated $110,000 in permit fees for the City of Richmond.
The City of Richmond’s investment in creating a no-cost solar installation has significantly increased participation opportunities for low-income households, as demonstrated by the City’s ECIA contributions in 2019. The information below is accessible on the City’s Transparent Richmond Open Data Portal.
June 21, 2022
Contract Amendment Deliverables
During the three-year cycle, GRID will complete no-cost solar for an additional 138 low- income families, serving 46 households each calendar year and generate more than $5.139 million in benefits for Richmond residents overall. In addition to solar installations, GRID will provide related services to enable and maximize the benefit of the solar installations, including needed roof repairs and replacements, electrical upgrades for new service panels, and electric vehicle readiness. On average, each
GRID solar systems installed since 2015
partnership period, which more than doubled
the total number of GRID solar systems in
Richmond.
June 21, 2022
solar system installed saves the family $16,500 in energy cost savings and offsets 30+ tons of harmful Greenhouse Gas emissions.
GRID’s model also provides hands-on training opportunities for green job trainees, such as participants of RichmondBUILD, and increases community engagement volunteerism in the City of Richmond. Over the next three years, the solar installations made possible by our partnership can have the following impacts:
Total number of families served: 138
Kilowatts (DC) installed: 396 kw DC
Total cost savings for Richmond residents over the systems’ lifetimes:
$2,956,708
Total Greenhouse Gas emission eliminated over the systems’ lifetimes: 5,643 tons
Total hours of hands-on skill building for volunteers and job seekers: 5,760 hours Total number of main service panels brought up to code for Richmond Residents: 60
Total number of roofs repaired or replaced for Richmond Residents over 3 years:
30 Total number of EV-ready homes: 40-60+*
Estimated number of EVs deployed: 20+
Total expected permit fees generated for the City of Richmond: $82,560 Total Richmond ECIA Contribution: $1,400,872
Total leveraged dollars from State and philanthropic funds: $1,655,049
Leveraged Funding
GRID brings in funding support both through their fundraising efforts as a registered 501(c)(3) and through leveraging state and local rebates as well as other funding streams intended to encourage the deployment of renewable energy in low-income communities. GRID’s advocacy efforts locally and nationally on behalf of low-income communities have both extended and created additional funding opportunities at scale for this work. The funding comes from Cap-and-Trade dollars through the California Department of Community Services and Development; the Disadvantaged Community DAC-SASH program administered by the California Public Utilities Commission; a solar financing partnership that allows GRID projects to leverage the Federal Solar Investment Tax Credit (ITC); and designated dollars for case management and resource provision in electric vehicle deployment. GRID continues the administrator role for the DAC-SASH statewide program for the next seven years. GRID is uniquely able to leverage additional funding sources for our clients and streamline the client experience, bringing an estimated $1,522,202 in matching dollars to projects in the City of Richmond through these programs.
June 21, 2022
POLICY SYNERGIES:
The following synergistic implementing actions and policies are included in the City’s General Plan:
Policy EC3.1 Renewable Energy directs the City to “promote the generation, transmission and use of a range of renewable energy sources such as solar, wind power and waste energy to meet current and future demand and encourage new development and redevelopment projects to generate a portion of their energy needs through renewable sources.”
Goal HW10 Promote Green and Sustainable of the Health and Wellness Element directs the City to “promote green and sustainable development and practices to support a healthy local economy, protect the environment and improve quality of life for all residents.”
Policy EC5.1 Green Businesses and Jobs of the Energy Efficiency and Conservation of the Climate Change Element directs the City to “promote a green economy that can provide new jobs in the emerging green industry. A cluster of green businesses can provide goods and services to support the growing need for clean and sustainable technologies, fuels, vehicles, and equipment, while providing jobs and training to Richmond residents. The green economy can support Richmond’s economic development and environmental protection goals.”
The following synergistic implementing strategies are included in the City’s Climate Action Plan:
Strategy EE1: Leverage Existing Programs and Rebates to Improve Efficiency of Existing Buildings
Strategy EE4: Outreach and Education to Promote Energy Conservation and Renewable Energy
Strategy RE1: Increase Local Solar Energy Generation
Strategy RE3: Promote Conversion From Natural Gas to Clean Electricity Strategy TL7: Promote Low-Carbon Vehicles and Fuels
Strategy GB2: Green Workforce Development
Strategy GB4: Support Participation in Local Energy and Green Business Programs
Strategy RC2: Increase Resilience of Local Housing to Climate Change
DOCUMENTS ATTACHED:
Attachment 1 - Fourth GRID Contract Amendment
Attachment 2 - GRID Contract Amendment No.3 Executed
Attachment 3 - GRID Contract Amendment No.2 Executed
Attachment 4 - GRID Contract Amendment No.1 Executed
Attachment 5 - Standard Contract Executed
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
CMO, Economic Development
Samantha Carr
[email protected]
(510) 620-5407
6306
4705
Provide installation of no-cost solar systems for 138 low-income households. Provide related home upgrades including electrical panel replacements, roof repairs, and electric vehicle hook-ups. ✔
4 GRID Alternatives Bay Area
1171 Ocean Ave #200
Oakland, CA, 94608
Arthur Bart-Williams
(510) 646-9849
[email protected]
40014031
✔
May 28, 2019
July 1, 2019
June 30, 2022
1,400,872.00
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
GRID Alternatives Bay Area
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
4705
4 GRID Alternatives Bay Area
July 1, 2019
June 30, 2025
1,750,000.00
3,150,872.00
Please see the Amendment Provisions (Service Plan)/(Contractor's Obligations) below.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
4705
4 GRID Alternatives Bay Area
Revised Scope of Work
This contract amendment will amend the original contract to build upon the program’s success with a new term of July 1, 2022, to June 31, 2025, and a contract of $1.75 million is estimated to additionally produce the following results:
● Install 138 no-cost solar systems for low-income Richmond residents ● Subsidize 33 roof replacements or repairs, and an estimated 54 main service panel upgrades, allowing subsequent solar installations for households who otherwise could not take part in GRID’s solar program due to safety and quality concerns caused by aging homes ● Install 32 EV chargers for eligible residents
● Provide over $3.87 million in energy cost savings for families in need ● Provide nearly 3,000 hours of job skill building experience in solar installation for community volunteers and job trainees and preventing nearly 5458 tons of harmful Greenhouse Gas Emissions
● Generate an estimated $91,484 in permit fees for the City of Richmond ● Support local businesses like electricians and roofing companies ● Install 30 Electric Vehicle chargers with the ZNE Alliance ● Provide other energy efficient information and education of other resources post installation
Please see attached scope of work.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
4705
4 GRID Alternatives Bay Area
3,150,872.00
08/20/20
1,400,872.00
✔
01/05/2021
1,400,872.00
1,400,872.00
June 30, 2025
1,750,000.00
3,150,872.00
✔
✔
✔
✔
✔
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
The sixth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The seventh Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The eighth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The ninth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The tenth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
Contract Amendment/EJ/TE 11-30-07
4 GRID Alternatives Bay Area
3,150,872.00
3,150,872.00
3,150,872.00
3,150,872.00
3,150,872.00
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
CMO, Economic Development
Samantha Carr
[email protected]
(510) 620-5407
6306
4705
Provide installation of no-cost solar systems for 180 low-income households. Provide related home upgrades including electrical panel replacements, roof repairs, and electric vehicle hook-ups. ✔
3 GRID Alternatives Bay Area
1171 Ocean Ave #200
Oakland, CA, 94608
Arthur Bart-Williams
(510) 646-9849
[email protected]
40014031
December 30, 2021
✔
May 28, 2019
July 1, 2019
June 30, 2022
1,400,872.00
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
GRID Alternatives Bay Area
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
CFO/COO
Executive Director
Mayor
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
GRID Alternatives Bay Area
3 4705
Pilot ZNE and Home Batteries Program
When possible and financially feasible, GRID Alternatives and the City of Richmond will partner to expand the current offerings of the program to Zero Net Energy or Zero Net Carbon Ready homes and installation of home batteries. These homes will need to be or need to have been one of the homes rehabilitated by the Richmond Community Foundation through Social Impact Bonds and located in areas of Richmond with high environmental burdens, specifically SB 535 Disadvantaged Communities (top 25% scoring areas from CalEnviroscreen along with other areas with high amounts of pollution and low populations). The pilot program is not limited by homeowner or potential homeowner income at this time. All other possible funding sources will be leveraged before ECIA funding is used to cover gap costs. GRID staff members and City staff members will discuss prior to the first invoice the details of the pilot program and decide on advance payments options to GRID on a case-by-case basis as well as locations for the pilot. Reimbursements to the City will be completed on a phased basis as agreed upon.
Please see attached scope of work.
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
GRID Alternatives Bay Area
3 4705
08/20/20
1,400,872.00
✔
01/05/2021
1,400,872.00
1,400,872.00
1,400,872.00
1,400,872.00
✔
✔
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
1 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org
Opportunities for Impact in Richmond
June 30th, 2019 – July 1st, 2022
Project Overview
GRID Alternatives Bay Area (GRID) seeks to build on the successful partnership with the City of Richmond to serve low-income families and job seekers in Richmond with a three-year plan to increase the deployment of renewable energy in Richmond communities most impacted by environmental pollution. This project will result in 180 no-cost solar systems installed for low-income Richmond residents, providing over $3.1 million in energy cost savings for families in need, nearly 6,000 hours of job skill building experience in solar installation for community volunteers and job trainees, and preventing nearly 6,000 tons of harmful Greenhouse Gas Emissions. These solar systems will also generate an estimated $72,000 in permit fees for the City of Richmond. Additionally, this partnership will provide up to 18 subsidized roof replacements or repairs, and an estimated 60 main service panel upgrades, allowing subsequent solar installations for households who otherwise could not take part in GRID’s solar program due to safety and quality concerns caused by aging homes. This is creating additional community and individual benefits. Finally, this partnership will also launch a flagship electric vehicle (EV) access program for low-income Richmond residents, resulting in 100+ eligible homes going solar with GRID becoming EV-charging ready, in addition to electrification options for past GRID clients and other members of the community.
History of GRID Alternatives in Richmond
GRID is a nonprofit licensed solar contractor leading teams of volunteers and job trainees to install solar electric systems exclusively for low-income families. GRID’s work provides significant savings for those struggling to make ends meet, prepares workers for jobs in the fast-growing solar industry, and reduces harmful greenhouse gas emissions. Beginning in 2018, GRID also launched a Clean Mobility Program to expand access to electric vehicles and electric vehicle charging infrastructure to low-income communities.
Since GRID’s first solar installation in the City of Richmond in 2007, GRID has completed 350 solar installations for low- income homeowners in Richmond - including 185 under the previous Environment and Community Investment Agreement (ECIA) contract beginning in 2015. As of March 2019 a total of 908 kilowatts DC of clean power has been installed in
Richmond. Over the projected lifespans of these systems, Richmond families will save $6.78 Million while eliminating over 12,604 tons of greenhouse gas emissions, the equivalent of taking 2,412 cars off the road for one year. These
installations have provided paid work opportunities for Richmond residents, as well as hands-on training for
hundreds of volunteers and job seekers as a pathway to
employment in the growing solar industry. Additionally, these solar projects have generated an estimated $110,000 in
permit fees for the City of Richmond.
Across the City, over $4.6 Million has been contributed through GRID to make solar deployment a reality for low-income families to date. This includes $4 GRID solar systems installed over the
2015-2019 partnership period, which more
than doubled the total number of GRID
solar systems in Richmond
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
2 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org Million from state rebate programs and GRID’s public and private philanthropy, and nearly $560,000 contributed from the City of Richmond through the R3 program and 2015-2019 ECIA contract.
Over the history of GRID’s work in Richmond, GRID has become an expert in administering low-income solar programs locally. GRID has collected and analyzed a tremendous amount of project data, helping us understand both the need and challenges in Richmond. This partnership proposal leverages GRID’s unique knowledge and experience to most effectively deploy solar for low-income Richmond residents and, with staff and relationships on the ground, GRID is situated to begin work immediately.
Scale of Impact
With support from the City of Richmond, GRID can continue our focus on triple-bottom line impact for low-income Richmond residents. Over the three years of this program, GRID will provide no-cost solar energy to 180 low-income homeowners, replace or repair roofs for up to 18 households, upgrade unsafe main service panels for up to 60 homes, and ensure 100+ Richmond homes are electric-vehicle ready while providing opportunities for residents to leverage EV subsidies, helping deploy clean transportation alternatives and provide cost savings. Proposed program components, and their expected impacts, are detailed below:
No-Cost Solar Installations for Richmond Residents:
During the proposed three-year cycle, GRID will complete no-cost solar for 180 low-income families, serving 60 households each calendar year, with savings that begin from day one. On average, each system installed saves the family $16,500 in energy cost savings and offsets 30+ tons of harmful Greenhouse Gas emissions. GRID’s model also provides hands-on training opportunities for green job trainees, such as participants of RichmondBUILD, and increases community engagement volunteerism in the City of Richmond. Over the next three years, the solar installations made possible by our partnership can have the following impacts:
-Kilowatts (DC) installed: 396 kw DC
-Total number of families served: 180
-Total cost savings for Richmond residents over the systems’ lifetimes: $2,956,708 -Total Greenhouse Gas emission eliminated over the systems’ lifetimes: 5,643 tons -Total hours of hands-on skill building for volunteers and job seekers: 5,760 hours -Average per project cost: $11,722
-Average per project contribution from City of Richmond: $3,844 -Total project costs: $2,109,921
-Total expected cost from City of Richmond: $691,872
Each project is eligible for different funding sources
based on site-specific criteria such as property location and solar system size. Once layered, these funding
sources typically cover 60-75% of project costs, leaving an average expected per project gap of $3,844. The
chart (right) shows the system cost and funding
breakdowns for an average project. GRID expects
~50% of solar installation volume in the coming years to be for homes whose smaller system sizes will make
them ineligibile for the Federal Investment Tax Credit
(ITC) – a 30% tax credit that makes up one of funding
sources GRID leverages - which is also scheduled to
Funding Sources for a Typical 12.5 kW
DC Solar Installation
DAC-SASH Rebate $7,359.97
Federal ITC $2,672.56
MCE Rebate $900
Remaining Cost (City of
Richmond contribution) $1,215.47
Total System Cost $12,148
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
3 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org step down in subsidy level until it sunsets in 2022, making the gap cost per project higher. The average expected remaining cost per project of $3,844 factors in both the step down of this funding source as well as the weight of installations eligible for the ITC funding and other install scenarios.
Please note that in addition to direct system costs, each project requires GRID staff to provide client outreach and support, as well as incurring costs for staff to administer this pro gram and indirect costs such as rent and utilities. Through analysis of historical project data in Richmond compiled since 2007, GRID estimates that for every client that installs solar, an outreach staff member has taken preliminary screening steps with an average of five other families. In order to provide the necessary administrative and client outreach support to scale solar for low -income families in Richmond, GRID requests a per project administration fee of $650 in addition to leveraging city funds to provide the funding needed to cover the remaining system costs . This administrative fee also includes ECIA reporting, invoicing, and overhead and makes up 7% of the total funding request, as reflected in the full cost breakdown below.
Solar Roof Retrofit Program
Historically, of the families who qualify for GRID’s program but are not able to be served in the City of Richmond, 80% of the rejections are due to poor roof quality, the highest rejection rate for poor roof quality in the Bay Area. Roof quality issues, therefore, present the most critical barrier for effective solar deployment in Richmond. City-run home rehabilitation programs can address this issue by providing loans, but we have found that many low-income clients turn away from loans - even loans with highly favorable terms. Through our last year pilot with the City of Richmond, GRID has found roof repair subsidies to be an extremely effective tool to directly support roof replacement as an energy efficiency retrofit, providing the opportunity for GRID’s no-cost solar installations for homes that were disqualified due to roof quality. Not only do these roof repairs make a home solar eligible, it also provides health and safety improvements at the home of at-risk Richmond homeowners, doubling the positive impact.
Revised Solar Roof Retrofit Program Subsidy
GRID proposes continuing the pilot program to subsidize roof repairs up to $10,000 per family on a tiered basis. The highest $10,000 subsidy would be for families living at 30% or below Area Median Income (AMI), while a subsidy up to $5,000
would be available for families living at 50% or below AMI and, in cases where a family is below 80% AMI and still GRID-solar eligible, the smallest subsidy of up to $3,000 would be available. Additionally, the highest subsidy level and/or a higher tiered subsidy can be offered on a case-by- case basis for families making above 30% AMI in cases
where the household is on a fixed income, is not eligible to pair this subsidy with the Richmond’s Home Loan funding, or shows other proof of hardship, with final approval by the City of Richmond.
After running the Solar Roof Retrofit Program from June 2019 – June 2020, GRID has found that the original stipulations of the program are not meeting the true needs of low-income homeowners in Richmond. The original tiered subsidy per income bracket of the program was leaving almost all eligible clients with a significant gap cost to cover to complete the roof repairs, a cost these families were not able to cover. Therefore, under the revised scope of work, the Solar Roof Retrofit Program will subsidize roof repairs up to $15,000 for eligible solar clients living below 80% AMI. Total subsidies are not to surpass $270,000 over the course of the contract.
A young Richmond resident whose home
received both solar and an electrical
upgrade smiles with a solar panel
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
4 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org Roofers are selected by the clients themselves, from a list of roofers who hold business licenses in Richmond and have been pre-accepted into the program provided by GRID. The subsidy will only cover up to the true cost of the roof repair, such that if the repair only costs $5,000 the resident is only eligible for a $5,000 subsidy. In its pilot year, the program has replaced 5 roofs with 4 additional projects in progress. GRID has had the most interest from families eligible for the highest subsidy and we assume that this trend will continue.
-Total number of roofs repaired or replaced for Richmond Residents over 3 years: 18 -Average estimated per project cost (dollars invested in local businesses): $20,833.33 -Average per project contribution from City of Richmond: $15,000 -Total project costs: $375,000
-Total expected cost from City of Richmond: $270,000
Electrical Upgrades for Solar and Electric Vehicle Charging Readiness Since GRID began work in the City in 2007, 20%-30% of Richmond homes annually require an upgrade to the existing main service panel in order to bring the homes up to code, reduce fire risk, and make the home both solar and electric vehicle (EV) charging ready. These upgrades are not only necessary for renewable energy technologies, but also represent a significant improvement in fire safety from outdated and dangerous existing infrastructure. As GRID partners with the City of Richmond to provide EV charging capacity in addition to solar, we expect 30% of projects to require this needed electrical upgrade.
-Total number of main service panels brought up to code for Richmond Residents: 60 -Average estimated per project cost (dollars invested in local businesses): $2,700 -Average per project contribution from City of Richmond: $2,700 -Total project costs: $162,000
-Total expected cost from City of Richmond: $162,000
Electric Vehicle Access Pilot Program
With 15 years of experience and a track-record of
success, GRID is a recognized leader in making
renewable energy technologies accessible to low-
income communities. Clean, reliable electric vehicles
(EVs) represent a growing opportunity to address
multiple critical issues facing GRID’s service community:
lowering steep transportation costs, increasing access
to employment opportunities and overall mobility, and
dramatically reducing harmful emissions to improve
local air quality. Given these impacts, GRID expanded
its programmatic focus to include EVs in 2018 and has
already established credentials as a recognized leader
in connecting EV rebate programs with low-income
residents. To that end, GRID is formally partnered with the Center for Sustainable Energy’s Clean Vehicle
Rebate Project; the Beneficial State Foundation, which
administers the California Air Resource Board’s Clean
Vehicle Assistance Program; the Bay Area Air Quality
Management District (BAAQMD), for whom GRID Bay
Area was recently selected to be case managers for the
Clean Cars for All Program; and the California Air Resources Board, who recently selected GRID to administer a “One-Stop Shop” pilot program to generate a single multilingual application for low-income Electric Vehicle Rebate Programs
Available for Richmond Residents:
Option 1
MCE Clean Energy $3,500
BAAQMD Clean Cars
for All Program
$2,500-$9,500
Total Rebate $6,000-$13,000
*Additional financing available up to $5,000
Electric Vehicle Rebate Programs
Available for Richmond Residents:
Option 2
MCE Clean Energy $3,500
Clean Vehicle Rebate
Program
$1,500-$7,000
Total Rebate $5,000-$10,500
*Additional financing available up to $5,000
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
5 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org consumers to upgrade their existing older vehicles, and apply for zero- and near-zero-emission cars and clean mobility options. Together, these programs and partnerships provide industry expertise, matching funding, vehicle financing, rebate dollars and visibility. Paired with support from the City of Richmond to launch an innovative pilot program to provide charging infrastructure and workforce training related to this growing new field, GRID can ensure that low-income residents in Richmond can maximize these incentives and lead the transition to clean vehicles and the benefits of solar-powered charging.
An increasing number of rebate and financial assistance programs recognize the opportunities for impact EVs can provide, with multiple different programs providing up to $13,000 in subsidies for low- income families to purchase an EV, as demonstrated in the two tables (above). With an EV, fuel costs go down to ~$1/gallon or less and drop even further when paired with GRID-installed solar, resulting in estimated savings of $80,000+ over the systems’ lifetime and offsetting 200 tons of greenhouse gas emissions per household. Despite extensive vehicle rebates and even some case management funding for Bay Area clients enrolled in EV programs, there is a huge missing opportunity: in order to move to an EV, people must know where they can reliably charge their vehicle. To further compound this challenge, electricians in the Bay Area are in extremely high demand, resulting in both slow response times and high costs for at-home charger installation. This also provides a key opportunity: by installing Level 2 chargers for those going through rebate programs and by making homes EV-charging ready, especially when paired with no-cost solar, low-income residents in Richmond can have significantly reduced barriers and increased information to take advantage of growing EV subsidies, which can cover vehicle costs up to $13,000.
In partnership with the City of Richmond, GRID proposes an innovative new pilot to leverage an in-house electrician to install 220/240 volt outlet and associated Level 2 charger for 40-60 Richmond sites. The clients and sites for this EV infrastructure development in Richmond will come from four main sources: low- income households purchasing an EV through existing rebate programs; previous GRID solar clients who have or purchase EVs; GRID solar clients in the process of going solar, where the focus will be on EV-readiness at the home; and low-income renters, including potential pilots in conjuction with affordable housing developers.
Seed support from the City of Richmond will directly fund salary and benefits, and provide some cost-share for the hard costs of each project including permits, EV charging infrastructure, and mileage.
Of the chargers installed, an estimated 1/3 or more will also be paired with an EV, with the remaining installations focusing on EV-readiness. An EV-ready home has a main service panel with both the required code updates and space to take an EV charger and has a 220/240 volt outlet in the garage or outside of the home where it would be nearest to logical electric vehicle parking. For families who already have an EV, this will also include the final Level 2 charging apparatus to begin charging immediately.
Furthermore, with an electrician on staff, the City of Richmond can provide the basic requirement to begin an electrician workforce development pilot, as an electrician must personally lead any on-site training. With additional funding sources pending, the hope is for this to become a paid on-the-job training program for careers in electrical work, EV charging infrastructure, and/or solar installation.
Once this capacity exists in-house for GRID to install EV chargers, we can also explore how to get additional fee-for-service funding towards the charger installations from existing programs to help make this program self-sustaining over the long-term. This program will provide a proof of concept to increase GRID clients in Southern CA show
off their new EV and EV Charger
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
6 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org the number of EVs benefitting low-income Richmond residents, providing not only cost savings on both vehicle upkeep and fuel expenses, but also reducing harmful tailpipe emissions.
-Total number of EV-ready homes: 40-60+*
-Estimated number of EVs deployed: 20+
-Estimated number of paid Electrical Trainees: 1-6*
-Total cost for one-year proof of concept EV charging installation pilot: $300,000 -Total contribution from City of Richmond: $160,000
-Estimated offset of harmful emissions from EVs: 2,000 tons1 *As the first-of-its-kind pilot program, these are estimated outcomes that also rely on raising additional matching funds. GRID will meet quarterly with the City of Richmond to adjust and assess outcomes and expectations throughout the duration of the pilot program. -Revised Scope of Work-
Due to hiring delays and challenges associated with COVID-19, the EV Access Pilot Program will be extended through June 30th 2022. A scarce market for licensed electricians coupled with vast limitations to outreach efforts and permitting delays as a result of the shelter in place orders and continued impacts of the COVID-19 pandemic have caused unexpected project delays. An extension of the one- year proof of concept to a three-year timeframe, ending June 30th, 2022, allows for execution of this program while factoring in potential timeline impacts due to COVID-19.
Summary of Costs and Funding Matches
GRID brings in funding support both through our fundraising efforts as a registered 501(c)3 and through leveraging state and local rebates as well as other funding streams intended to encourage the deployment of renewable energy in low-income communities. GRID’s advocacy efforts locally and nationally on behalf of low-income communities have both extended and created additional funding opportunities at scale for this work. These sources include: the Single-family Affordable Solar Homes (SASH) rebate through the California Solar Initiative and administered by the California Public Utilities Commission; Cap and Trade dollars through the California Department of Community Services and Development; the Disadvantaged Community SASH (DAC-SASH) program; a solar financing partnership that allows GRID projects to leverage the Federal Solar Investment Tax Credit (ITC) and designated dollars for case management and resource provision in electric vehicle deployment. Most recently, GRID was awarded the administrator role for the DAC-SASH statewide program that will replace both SASH and Cap and Trade rebates by the end of 2019 and provide designated funding for the next 10 years. GRID is uniquely able to leverage additional funding sources for our clients and streamline the client experience, bringing an estimated $1,995,049 in matching dollars to projects in the City of Richmond through these programs.
1 https://www.eia.gov/tools/faqs/faq.php?id=307&t=11
Total
Number
of
Projects
Total
Projects
per
Year
Total
Expected
Permit
Fees
City of
Richmond
Cost per
Unit
Total
Leveraged
Dollars
Total
Richmond
ECIA
Contribution
Total Dollars
Invested
Total
Benefit to
Richmond
Residents
Solar Installs 180 60 $72,000 $3,844 $1,410,049 $691,872 $2,101,921 $3,091,104 Admin 180 60 $650 na $117,000 $117,000
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
7 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org
Over the next three years, support from Richmond ECIA at the $1,400,872 level provides deep impact for low-income residents, opportunities for economic stability, and cements the leadership role of both the City and its residents in the clean energy revolution. Together, we can generate more than $3 Million in benefits for Richmond residents, while bringing nearly $1.7 Million in matching dollars towards clean energy and related home improvement projects for low-income families in the City of Richmond.
Pilot ZNE and Home Batteries Program
When possible and financially feasible, GRID Alternatives and the City of Richmond will partner to expand the current offerings of the program to Zero Net Energy or Zero Net Carbon Ready homes and installation of home batteries. These homes will need to be or need to have been one of the homes rehabilitated by the Richmond Community Foundation through Social Impact Bonds and located in areas of Richmond with high environmental burdens, specifically SB 535 Disadvantaged Communities (top 25% scoring areas from CalEnviroscreen along with other areas with high amounts of pollution and low populations). The pilot program is not limited by homeowner or potential homeowner income at this time. All other possible funding sources will be leveraged before ECIA funding is used to cover gap costs. GRID staff members and City staff members will discuss prior to the first invoice the details of the pilot program and decide on advance payments options to GRID on a case-by-case basis as well as locations for the pilot. Reimbursements to the City will be completed on a phased basis as agreed upon.
Summary of GRID Alternatives Services
• Recruit, enroll and qualify homeowners for solar, roof, main service panel and EV programs, ensuring that the household meets program requirements; • Provide education on energy efficiency and conservation, basics of solar and system maintenance, and information about EV rebates to all recipients of GRID solar systems; • Design and install solar systems, including pre-installation site visits to ensure solar suitability of homes;
• Refer all clients with sub-standard roof to information about the subsidized solar roof program and home loans through the City of Richmond;
• Obtain building permits, procure all equipment for solar, main service panel and EV programs; • Prepare and submit funding and utility interconnection paperwork; • Provide clients with standard industry warrantee on both labor and equipment; Solar Roofs 18 6 $15,000 $105,000 $270,000 $375,000 $270,000 Electrical
Upgrades 60 20 $11,940 $2,700 na $162,000 $162,000 $162,000 EV Charging
& Training
Pilot 60 20 $10,500 na $140,000 $160,000 $300,000 TBD
Total $82,560 $1,655,049 $1,400,872 $3,055,921 $3,523,104 DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
8 GRID Alternatives Bay Area 1171 Ocean Avenue O 510.731.1186 E [email protected] Oakland, CA 94608 F 510.225.2585 W gridalternatives.org • Refer clients to energy efficiency programs and other available resources (Richmond Rehab Loan Program, PG&E Energy Assistance Program, etc.);
• Pay all up-front costs of solar installation, subsidized roof program amounts, main service panel upgrades and EV charging infrastructure, layering major funding sources to offset costs and prepare project invoices to submit to the City of Richmond for remaining project costs; • Train community volunteers and job seekers in photovoltaic system installation (5-10 volunteers per day per project), including pre-installation training; • Work closely with RichmondBUILD and other local training partners to provide training opportunities on the roof for cohorts as requested.
Summary of City of Richmond Services
• Designate staff to assist in client recruitment related activities such as host city sponsored events for prospective and selected clients, write city sponsored letters, prepare mailings to Richmond residents, coordinate referrals to other city programs, and support GRID in reporting and program administration and other duties as needed;
• Reimburse GRID for any remaining project expenses after all possible major funding sources have been applied on a per project basis, and for the roof, main service panel and EV programs as designated above;
• Provide administrative and outreach funding at $650 per project to cover indirect project procurement expenses incurred by GRID to complete this program.
Reporting
GRID will provide the City of Richmond a short report for each project post installation, including the following information:
• Site address
• Solar system size
• Funding sources applied to the project (DAC-SASH Rebate, SASH Rebate (sunsetting in 2019), MCE Rebate and/or Gross Net Proceeds from Third Party Ownership) • Remaining solar project costs to be reimbursed by the city, plus the $650 administrative fee, which will serve as a per-project invoice
• Roof program invoice amount and associated solar system information • Monthly report on impacts and progress shared from GRID’s Salesforce database, including financial impacts for the families served, greenhouse gas emission reductions expected, hours of skill building experience provided to volunteers and job trainees, number of roofs repaired or replaced, number of main service panel upgrades provided and number of homes receiving EV chargers
DocuSign Envelope ID: 7B906149-6493-4AE7-AE6D-C0E5CD318F41
June 21, 2022
Finance Department
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Delmy Cuellar, Director of Finance
Antonio Banuelos, Accounting Manager
Subject:
Approval of Liens and Special Assessments for Unpaid
Garbage Collection Service Fees Due to Republic
Services
FINANCIAL IMPACT: The City will receive $533,433.03 when the balances of the liens are paid, of which $490,638.03 will be remitted to Republic Services and $42,795.00 in administrative
fees will be deposited in the General Fund.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
City staff is requesting City Council approval of liens and special assessments for unpaid garbage collection
service fees to be placed on the County property tax
records.
RECOMMENDED ACTION:
ADOPT a resolution authorizing placement of liens and
special assessments for unpaid garbage collection
service fees on County property tax records – Finance
Department (Delmy Cuellar/Antonio Bañuelos 620-6741).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
Richmond Municipal Code Chapter 9.20 entitled “Solid Wastes” requires that property owners have garbage collection services and pay for those services. Richmond property owners are notified in writing of their obligation to have and pay for garbage collection services. Property owners who are five months delinquent in their payments receive a final notification of their outstanding debt and a date for an administrative hearing. The administrative hearings are held quarterly and attended by staff from both Republic Services and the City of Richmond’s Finance Department. If the fees remain unpaid, a lien is placed on the property in the amount of the unpaid garbage collection fees plus associated City administrative fees. City staff is requesting that the City Council adopt a resolution that authorizes liens and special assessments for unpaid garbage collection services fees to be placed on Contra Costa County’s property tax records. Garbage collection fees are remitted to Republic Services on a yearly basis, after collection of the property taxes. Administrative fees are retained by the City.
DOCUMENTS ATTACHED:
Exhibit 1 – Letter from Republic Services
Exhibit 2 – Garbage Lien Resolution
Exhibit 3 – Garbage Preliminary Lien List
Exhibit 1 – Letter from Republic Services
3260 BLUME DRIVE • SUITE 115 • RICHMOND, CALIFORNIA 94806
REPUBLIC SERVICES
June 1, 2022
Via e-mail to: [email protected]
Ms. Delmy Cuellar, Interim Director of Finance
City of Richmond
P. O. Box 4046
Richmond, CA 94804
Att: Antonio Banuelos, Revenes Manager
Dear Antonio:
Subject: GARBAGE LIENS FROM June 1, 2022 ADMINISTRATIVE HEARING
Enclosed is the preliminary lien list that includes unpaid waste collection service charges that fell delinquent between January 2022 – April 2022. As you will note, this list includes 951records, representing $490,638.03 in delinquent service charges and $ 42,795.00 in City Administrative Fees, for a total of $ 533,433.03 to be assigned to the City for lien and special assessment upon the property taxes of benefitting properties. All required notices have been provided to account holders and property owners.
Please let me know when this item is scheduled for City Council consideration. After Council approval, we will provide you with an updated list for recording. After recording, please provide us with a copy of the enabling resolution and coversheet bearing the document recording information.
The next Administrative Hearing to consider liens for delinquent waste collection service charges is scheduled for October 5, 2022 at 10:00 a.m., in the Richmond Room at City Hall.
If you have any questions, or need additional information, please let me know. I can be reached by telephone at (510) 262-7131, or e-mail at [email protected]
Sincerely,
Angela Roof
Customer Service Manager
Attachment
cc: City Clerk
______________________________________________________________________________ 3260 Blume Dry, Suite 100 Richmond, CA 94806 Phone: (510) 262-7100
Exhibit 2 - Garbage Lien Resolution
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
LEVYING SPECIAL ASSESSMENTS FOR UNPAID WASTE COLLECTION SERVICE
CHARGES ON CERTAIN LANDS SITUATED IN THE CITY OF RICHMOND,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
WHEREAS, pursuant to Richmond Municipal Code (RMC) Chapter 9.20, Section
9.20.100(b) subscription to waste collection service for all premises is required in the City of Richmond; and
WHEREAS, the premises located in the City of Richmond, County of Contra Costa, State of California, and described in Exhibit A attached hereto and by this reference incorporated herein, were provided with waste collec tion service as required by RMC Chapter
9.20; and
WHEREAS, pursuant to the provisions of Section 9.20.110, th e owners of said premises were notified in writing of their requirement to subscribe to waste collection services and make payments as required by said code section; and WHEREAS, said owners of the premises failed to make payments for waste collection services as required; and
WHEREAS, as a result thereof, the City of Richmond has incurred charges for delinquent waste collection charges and administrative costs, which amounts remain unpaid; and WHEREAS, said delinquent waste collection service charges an d administrative costs are enumerated in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 9.20.110 of the Municipal Code of the City of Richmond, the City Council of the City of Richmond does hereby lien and levy a special assessment aga inst each premises, in the amounts as identified for each specific premise listed in the Exhibit A which is attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that Exhibit A may be amended to delete any enumerated waste coll ection service charges and administrative costs paid before special assessments authorized hereby are forwarded to the County Recorder of Contra Costa County, California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolut ion, together with Exhibit A as may be amended, with the Office of the County Recorder of Contra Costa County, California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to deliver a copy of this resolution to the Director of Finance of the City of Richmond, and that the Director of Finance is authorized to cause the above amounts to be collected in the manner provided by law for collection of special assessments.
Exhibit 2 - Garbage Lien Resolution
-------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held June 21, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
Prog: BIDIV556 Page: 1 Date: 6/01/22 PRELIMINARY LIEN LISTS User: JW60420 Time: 13:17:23 HEARING DATES PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2022
Levy Code: HR
As Of 6/01/22
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4053420032
JACKSON REGINALD & RUBY 3520 RIDGEWOOD WAY 3520 RIDGEWOOD WAY 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4053600138
BONDS GISELE 3221 SOUTH RIDGE DR 3221 SOUTH RIDGE DR 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4053600153
LEVIAS CAROLYN 3201 SOUTH RIDGE DR 3201 SOUTH RIDGE DR 22/01 564.80 45.00 609.80 RICHMOND CA 94806
4053810034
FOWLER ROXANNE L 2524 HIGHGATE DR 2524 HIGHGATE DR 22/01 564.92 45.00 609.92 RICHMOND CA 94806
4053810711
SANCHEZ MARCELO 2440 HIGHGATE DR 2440 HIGHGATE DR 22/01 401.76 45.00 446.76 RICHMOND CA 94806
4054700523
LONG SHANNON LYN JUAN 2435 GROVEVIEW CT 2435 GROVEVIEW CT 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4055300356
IBRAHIM HANAI 3136 BOULDERS CT 3136 BOULDERS CT 22/01 632.81 45.00 677.81 RICHMOND CA 94806
4055400255
VALDIVIA JAVIER G & SANDRA J 707 FALCON CT 707 FALCON CT 22/01 566.64 45.00 611.64 RICHMOND CA 94806
4055500286
TORRES ERNEST R 620 ROCK ROSE WAY 620 ROCK ROSE WAY 22/01 564.84 45.00 609.84 RICHMOND CA 94806
4055500716
MAYBERRY MOZELLA 623 ROCK ROSE WAY 623 ROCK ROSE WAY 22/01 1,065.80 45.00 1,110.80 RICHMOND CA 94806
4055600102
ABEBE DEREJE A 745 ROCK ROSE WAY 745 ROCK ROSE WAY 22/01 567.84 45.00 612.84 RICHMOND CA 94806
Exhibit 3 – Garbage Preliminary Lien List
Prog: BIDIV556 Page: 2 Date: 6/01/22 PRELIMINARY LIEN LISTS User: JW60420 Time: 13:17:23 HEARING DATES PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2022
Levy Code: HR
As Of 6/01/22
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4056000385
YOS MANUEL A 211 TANGLEWOOD DR 211 TANGLEWOOD DR 22/01 477.73 45.00 522.73 RICHMOND CA 94806
4056500632
LAM NAM VAN TRE 1515 162ND AVE 1116 EAGLEWOOD CT 22/01 384.92 45.00 429.92 SAN LEANDRO CA 94578
4056600556
GILL JAMERION 5332 HASKEL CT 5332 HASKEL CT 22/01 604.36 45.00 649.36 RICHMOND CA 94806
4056900493
MENDEZ JOSE AFC 1121 SUMMER LN 1121 SUMMER LN 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4080120480
KIMBLE PAMELAR F 4309 BELL WAY 4309 BELL WAY 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4080210109
WORKS SAMUEL & MOLENA 4408 MC GLOTHEN WAY 4408 MC GLOTHEN WAY 22/01 461.92 45.00 506.92 RICHMOND CA 94806
4080330246
ARELLANO MARIA 616 BRADFORD DR 616 BRADFORD DR 22/01 609.74 45.00 654.74 RICHMOND CA 94806
4080410014
MANNING DOROTHY 3908 MC GLOTHEN WAY 3908 MC GLOTHEN WAY 22/01 101.55 45.00 146.55 RICHMOND CA 94806
4080420138
SANCHEZ EDWIN A 703 JOHNSON DR 703 JOHNSON DR 22/01 565.45 45.00 610.45 RICHMOND CA 94806
4080430228
ESTRADA ISABEL L 753 23RD ST 708 JOHNSON DR 22/01 530.82 45.00 575.82 RICHMOND CA 94804
4080540083
GARCIA GONZALO 310 WEBSTER ST 500 HARRISON DR 22/01 585.64 45.00 630.64 FAIRFIELD CA 94533
Exhibit 3 – Garbage Preliminary Lien List
Prog: BIDIV556 Page: 3 Date: 6/01/22 PRELIMINARY LIEN LISTS User: JW60420 Time: 13:17:23 HEARING DATES PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2022
Levy Code: HR
As Of 6/01/22
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4082400906
ASHRAF SEYAD MOHAMMED KHALEEL 284 MALCOLM DR 284 MALCOLM DR 22/01 617.61 45.00 662.61 RICHMOND CA 94801
4140220072
ANDREWS HELEN M TRE 2946 GOMER DR 2946 GOMER DR 22/01 542.84 45.00 587.84 RICHMOND CA 94806
4140310071
GREGORY LEWIS L EST OF 2956 GROOM DR 2956 GROOM DR 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4140310121
ROGERS HERVEY EST OF 1855 OLYMPIC BLVD STE 125 3087 BARKLEY DR 22/01 564.79 45.00 609.79 WALNUT CREEK CA 94596
4140330236
THOMAS-CALDWELL ANDREA M TRE 3049 SHANE DR 3049 SHANE DR 22/01 560.42 45.00 605.42 RICHMOND CA 94806
4140520075
SPILLER HARRY 2952 MCKENZIE DR 2952 MCKENZIE DR 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4140610116
WILKINS SHAWN 3139 HENDERSON DR 3139 HENDERSON DR 22/01 1,081.97 45.00 1,126.97 RICHMOND CA 94806
4140830029
HIRANO BEN M & NIKKI N 2852 JO ANN DR 2852 JO ANN DR 22/01 564.79 45.00 609.79 RICHMOND CA 94806
4141040198
WADLEY VINCENT 2906 MOYERS RD 2906 MOYERS RD 22/01 530.82 45.00 575.82 RICHMOND CA 94806
4142330085
CMGOUGH YVONNE TRE 2817 WISWALL DR 2817 WISWALL DR 22/01 579.25 45.00 624.25 RICHMOND CA 94806
4142540071
MCELVENE FANNIE TRE 3000 SHANE DR 3000 SHANE DR 22/01 668.65 45.00 713.65 RICHMOND CA 94806
Exhibit 3 – Garbage Preliminary Lien List