June 21, 2022
Mr. Corburns’s quote was evaluated against the scope of work provided and determined to be most responsive totaling $20,000 annually.
Jason Corburn is a Professor in the Department of City and Regional Planning and School of Public Health. He directs the Institute of Urban and Regional Development and the Center for Global Healthy Cities at UC Berkeley. He also co-directs the joint Master of City Planning (MCP) and Master of Public Health (MPH) degree program at UC Berkeley. His research, practice, and teaching focuses on urban health in the United States and globally. He leads action-research projects that explore the links between environmental health and social justice in cities, notions of expertise in science-based policymaking, and the role of local knowledge in promoting greater urban health equity.
Professor Corburn’s research and practice address racial/ethnic disparities in health, citizen-science, community health & healing, urban gun violence, climate justice, health- in-all policies, and informal settlements and health equity.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Jason Corburn
Attachment 2 – Quote Summary
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.
ONS Sam Vaughn
[email protected] (510) 620-5404
8611
Jason Corburn shall provide ONS with the new online datbase system, database maintenance, and database system support.
Jason Corburn
1310B Haskell Street
Berkeley CA 94702
Jason Corburn
(917) 535-1097 [email protected]
40046238
July 1, 2022
June 30, 2024
40,000
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
Jason Corburn
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:
(see attached.)
CSD - Deputy Director of ONS
Jason Corburn
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.
Sam Vaughn
Jason Corburn
ONS
Sam Vaughn
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:
Jason Corburn
Jason Corburn
Sam Vaughn
1310B Haskell Street
Berkeley CA 94702
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
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
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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
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):
NONE
Jason Corburn
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.
Jason Corburn
___ 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 CONTRACTORis 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.
Office of Neigbhorhood Safety Quote Summary:
Outreachwork Client Data System (Gun Violence)
February /March 2022
Vendor Quoted Amount ($) Notes
1 Exponent Partners ‐ $
Confirmed receipt of solicitation and
provided no further communication
2 Five Points Solutions ‐ $ Non‐Responsive 3 Jason Corburn 40,000.00 $
4 Neon One ‐ $
Noted they had transitioned their focus to
fundraising and financial database
development
June 21, 2022
Library and Community Services
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Jene Levine-Snipes, Development Project Manager
Stephanie Ny, Associate Administrative Analyst
Subject:
Contract with Rebuilding Together East Bay-North for
Emergency Cooling Structures
FINANCIAL IMPACT: There will be no impact to the General Fund for this contract. The cost of this contract will be funded using grant funds awarded for the emergency cooling
structures project by PG&E Corporation Foundation
(Account String 10651051-400201-25G09)
PREVIOUS COUNCIL
ACTION:
April 5, 2022
STATEMENT OF THE
ISSUE:
On April 5, 2022, City Council adopted a resolution to
accept and appropriate grant funds in the amount of
$100,000 from the PG&E Corporation Foundation to
construct and operate emergency cooling structures
during extreme heat events.
RECOMMENDED ACTION:
APPROVE a sole-source contract with Rebuilding
Together East Bay-North, in an amount not to exceed
$83,830, to provide design, construction, and staffing
services for modular emergency cooling structures –
Library and Community Services Department (LaShonda
White/Jene Levine-Snipes 510-307-8132)
AGENDA
REPORT
June 21, 2022
DISCUSSION:
The City of Richmond Community Services Department was awarded the PG&E Better Together Resilient Communities grant award in the amount of $100,000 from the PG&E Corporation Foundation to construct and operate emergency cooling structures during extreme heat events.
Extreme heat, which occurs when temperatures are substantially higher than usual, can harm residents by causing heat-related illnesses such as heat cramps, heat exhaustion, and heat stroke. While Richmond is typically cooler than other parts of the county, extreme heat can be particularly harmful for communities that are not accustomed to such temperatures.
The PG&E Better Together Resilient Communities grant award will fund the creation of temporary shade and cooling structures with misting nozzles to be located in Nevin Park and Shields-Reid Park during extreme heat events. In addition to being adjacent to community centers, these parks are located in areas designated as high priority heat vulnerability areas by Contra Costa County and the State. The structures will offer relief to residents from the adverse effects of extreme heat.
The emergency cooling structures project is a result of a collaboration and grant application submittal between the City and Rebuilding Together East Bay-North (RTEBN), a local non-profit that created the programmatic design and budget for the awarded emergency cooling structures. Now that funds have been awarded, City staff is recommending that City Council approve a sole source contract with RTEBN, which will allow them to provide design, construction, and staffing services for modular emergency cooling structures.
DOCUMENTS ATTACHED:
Attachment 1 – Rebuilding Together East Bay-North Contract Attachment 2 – Sole Source Justification
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 - Service Plan
Exhibit A - Service Plan
Scope of Services
● Design, construct, and staff two (2) temporary, modular cooling structure (“Cooling Centers”)
○ Each structure will be designed to be set up or taken down by 2 people in one afternoon.
○ Each structure will include misting nozzles.
○ Structures will be moveable in a pickup truck or van, and have the capability to be stored in a City facility. During extreme heat events it will be set up and staffed. When the heat diminishes, it will be taken down and stored. ● Train and hire 5 unsheltered people in collaboration with Safe Organized Spaces! Richmond and/or other partners for the design, construction, outreach, and staffing of the Cooling Centers.
○ The unsheltered individuals hired will receive workforce development services such as on-the-job training, vocational, and work-related social skills, working side-by-side with professionally trained staff.
● Train and hire volunteers and subcontractors to assist with the design, construction, and staffing of the Cooling Centers.
● Tag City of Richmond Community Services Department Facebook and Instagram handles (@richmondcsd) on any Facebook or Instagram content created related to the contract.
● Recognize City of Richmond Community Services Department and the PG&E Corporation Foundation Better Together Resilient Communities Grant in all content related to the contract.
● Meet with City of Richmond staff on a monthly basis for the duration of the contract ● Provide reports as requested by City of Richmond for grant reporting purposes ● Prepare and submit quarterly invoices to City of Richmond in provided format ○ Invoices are due 1 month after end of quarter
Expenditures
PERSONNEL $10,060.00
Area Manager RTEBN $4,000.00
Project Staff, including trained community staff $4,000.00 Bookkeeping $2,500.00
Payroll Taxes $1,500.00
Fringe Benefits $1,860.00
Other Personnel $200.00
OCCUPANCY/OVERHEAD $710.00
Exhibit A - Service Plan
Security $160.00
Alarm $350.00
Rent/ Utilities $200.00
PROGRAM EXPENSES $66,650.00
Building Materials purchase, transport and storage $36,250.00 Program- Construction Permits $1,000.00
Program Sub-Contractors, Carpenters, Plumber, Electrician, including trained community staff
$25,400.00
VOLUNTEERS $4,170.00
Staff and Volunteer Training $3,070.00
Volunteer Support: Food, T-shirts, safety equipment and supplies $1,100.00 OFFICE $720.00
Hardware/Software $250.00
Postage and Office Supplies $170.00
Communications/Phone/Voicemail $300.00
OTHER $520.00
Insurances $100.00
Dues, Subscriptions & Fees $200.00
Travel $220.00
TOTAL: $82,830.00
Timeline
● July 1, 2022: Design approved for structure. Volunteer and paid staff team is recruited and set.
● July 15, 2022: Materials are purchased and staged. Construction team begins to build the structure in modular components.
● August 1, 2022: Structure build day.
● September 1, 2022: Structure is set up as a trial run. All issues with set up, take down, and management are ironed out. Structure is stored and ready for delivery, assembly, and use in an extreme heat event.
● September 1, 2022 - June 30, 2024: RTEBN provides on-call assembly and staffing of cooling centers for anticipated extreme heat events.
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 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
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 and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when compet itive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Sole Source Rationale:PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions. (if additional space is needed, include them in a separate page)
Rebuilding Together East Bay-North John-William Frye
732 Gilman St
Berkeley CA 94710
510 644-8979 [email protected]
2 Years - July 1, 2022 - June 31, 2024
82,830 TBD
x
Provide design, construction, and staffing services for modular emergen cy cooling structures The project is a result of a collaboration in grant application submittal w ith the City and Rebuilding Together East Bay-North (RTEBN), a local non-profit that created the prog rammatic design and budget for the awarded modular emergency cooling structures. Now that fun ds have been awarded, RTEBN will continue their services to carry out the design, const ruction, and staffing of the structures.
The nonprofit provides critical repairs, renovations, and safety modifi cations for low-income seniors, people with disabilities, veterans, and local nonprofit organizations i n Richmond.
2 | Page
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contra ctor has been successful to date in implementing a difficult manufacturing pr ocess or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it i s not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
(if additional space is needed, include them in a separate page) The project is a result of a collaboration in grant application submittal w ith the City and Rebuilding Together East Bay-North (RTEBN), a local non-profit that crea ted the programmatic design and budget for the awarded modular emergency cooling structures. Now that funds have been awarded, RTEBN will continue their services to carry o ut the design, construction, and staffing of the structures.
The nonprofit provides critical repairs, renovations, and safety modifi cations for low-income seniors, people with disabilities, veterans, and local nonprofit organi zations in Richmond.
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.
Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________ --------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
APPROVED: ____________________ DATE: ___/___/___ NOT APPROVED: ________________ COMMENTS:
____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be su bstituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
Community Services Department
Jene' Levine Snipes, Project Manager / Stephanie Ny, Associate Administr ative Analyst 4/28/22 (510) 620-6972
Ranjana Maharaj Ranjana Maharaj
Digitally signed by Ranjana Maharaj
DN: cn=Ranjana Maharaj, o, ou,
[email protected], c=US
Date: 2022.04.28 17:07:31 -07'00'
For D. Cuellar
4 29 2022
June 21, 2022
Library and Community Services
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Ranjana Maharaj, Deputy Director of Community
Services - Recreation
Kymberlyn Carson-Thrower, Recreation Supervisor
Subject:
Extension of Contra Costa County Health Services
Covid-19 vaccine and testing center at the Richmond
Convention CenterExtension of Contra Costa County
Health Services Covid-19 Vaccine and Testing Center at
the Richmond Convention Center
FINANCIAL IMPACT: Based on Recreation facility fees as included in the approved Master Fee Schedule, the total cost for use of the seven (7) side rooms at the Richmond Convention
Center from July 1, 2022 – June 30, 2023, equals
$996,372. Once the approved 50 percent discount for
eligible charges is applied for governmental agencies, the total cost would decrease to $522,696.
PREVIOUS COUNCIL
ACTION:
February 2, 2021; December 21, 2021
STATEMENT OF THE
ISSUE:
Contra Costa County Health Services (CCHS) has been
providing COVID-19 vaccination and testing in the
Richmond Convention Center since 2021. CCCHS is
requesting an extension to continue as the vaccination
and testing and to move these services in the seven (7) side terrace rooms of the Richmond Convention Center.
AGENDA
REPORT
Formatted: Left
Formatted: Left, Space After: 0 pt, Line spacing: single
June 21, 2022
RECOMMENDED ACTION:
APPROVE a third amendment to extend the agreement
with Contra Costa County Health Services to continue
the COVID-19 Vaccine and Testing Center at the
Richmond Convention Center terrace rooms until June
30, 2023,; and WAIVE fees associated with the third
amendment – Library and Community Services
(LaShonda White/Ranjana Maharaj/Kymberlyn Carson-
Thrower 510-620-6512).
DISCUSSION:
Since the Shelter in Place Order, the Richmond Convention Center has been used by Contra Costa County Health Services (“CCHS”) to provide COVID-19 vaccinations to the community. The initial agreement was effective on January 14, 2021, with a term ending date of August 31, 2021 (Attachment 1). On January 27, 2021, CCCHS sent a letter requesting authorization to amend the hours of operation (Attachment 2). The original agreement was amended on April 1, 2021, to extend the term ending date to December 31, 2021, and to include COVID-19 testing (Attachment 3). On October 18, 2021, the Recreation Division, received a request from CCHS for a second amendment to extend the use of the Richmond Convention Center to continue administering COVID-19 vaccination and testing until June 30, 2022, with an option to extend the term on a month-to-month basis with the written consent of the City (Attachment 4).
With the reduced numbers of COVID-19 cases and the plan to include vaccination to the children, the CCHS is requesting a third amendment to continue administering COVID-19 vaccination and testing until June 30, 2023, while using the terrace rooms (side rooms) of the Richmond Convention Center (Attachment 5). The main floor of the Richmond Convention Center will be available to allow the Recreation Division to rent to other users.
The Auditorium Nevin Entrance will be used for check-in and registration, and the terrace rooms for testing and for administering vaccines. The schedule for vaccination and testing will continue to operate Monday through Saturday from 7:00 AM to 6:00 PM.
CCHS will continue to provide security and janitorial services during the operating hours for the site. The vaccine and testing center is one of the largest sites in West Contra Costa County (“West County”). It supports health equity efforts to provide equitable access to COVID-19 vaccines and testing for City of Richmond and West County residents who may not have a primary healthcare provider. CCHS continues to ensure that there is access to COVID testing and vaccination services for all ages to Contra Costa County, with a particular focus on communities that are hardest hit. Services provided by CCHS in West County will be maintained at current levels. The sites have the ability to increase capacity by aroundapproximately twenty-five percent (25%) as - needed to support boosters, new vaccinations or testing demands. For more information related to the County’s vaccination and testing efforts, please visit their website at https://www.coronavirus.cchealth.org.
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June 21, 2022
City staff understands that having a space in a central part of Richmond provides our residents with the opportunity and access to receive vaccinations and testing.
Therefore, City staff is seeking City Council approval of the third amendment to the Agreement from CCCHS to continue COVID-19 testing and vaccination at the Richmond Convention Center (seven side terrace rooms) until June 30, 2023. City Sstaff is also seeking approval to waive the fees associated with approval of the third amendment (Attachment 6).
DOCUMENTS ATTACHED:
Attachment 1 – Staff Report_2/2/21 for Original Permit to Enter Agreement_1/14/21 Attachment 2 – Letter to Amend Hours of Operation_1/27/21 Attachment 3 – First Amendment_CCHS_4/1/21
Attachment 4 – Second Amendment_CCHS_1/1/21
Attachment 5 – Third Amendment_CCHS
Attachment 6 - Convention Center Rental Costs for CCHS_Jan 2021-Jun 2023
February 2, 2021 Page 1 of 2
CITY MANAGER’S OFFICE
DATE: February 2, 2021
TO: Mayor Butt and Members of the Richmond Cit y Council
FROM: Shasa Curl, Deputy City Manager, Economic Developm ent Sal Vaca, Community Services Director
Ranjana Maharaj, Community Services Administrative Manager Gabino Arredondo, Project Manager
Thomas Omolo, Management Analyst
SUBJECT: CONTRA COSTA COUNTY HEALTH SERVICES COVID-19 VACCI NE
CENTER AT RICHMOND MEMORIAL AUDITORIUM
STATEMENT OF THE ISSUE:
Contra Costa County Health Services contacted the C ity of Richmond to request the use of the Richmond Memorial Auditorium, 403 Civic Center Plaza, to set up a COVID- 19 Vaccine Center.
RECOMMENDED ACTION:
RATIFY an agreement with Contra Costa County Health Services (CCHS) and all ancillary documents to establish a COVID-19 vaccine center at the Richmond Memorial Auditorium, 403 Civic Center Plaza – City Manager’s Office (Shasa Curl 620-6512).
FINANCIAL IMPACT OF RECOMMENDATION:
There are no financial impacts anticipated at this time. City of Richmond staff time will be utilized to develop and implement the required agreements.
DISCUSSION:
On January 13, 2021, the City Manager’s Office rece ived an inquiry from Contra Costa County Health Services (“CCHS”) for a Richmond COVI D-19 vaccine center to be located at the Richmond Memorial Auditorium. The Co unty Health Department will use the proposed site to administer COVID-19 vaccines. The Auditorium lobby will be used
AGENDA REPORT
February 2, 2021 Page 2 of 2 for check-in and registration, and the main floor o f the Auditorium will be used for administering vaccines. The proposed schedule is fo r vaccines to be administered from 8:00 AM to 4:00 PM Monday through Friday. The numbe r of vaccines administered at the site will be dependent on the availability of v accines. As more vaccines become available the center may begin operating from 7:00 AM to 6:00 PM Monday through Saturday. CCHS has requested use of the auditorium until August 31, 2021, with an option to extend the term on a month-to-month basis with the written consent of the City Manager. (Note: Since the initial drafting of this report, the County has been able to arrange to offer Saturday appointments by modifying the hours to 7:00 AM to 6:00 PM Tuesday through Saturday, with the possibility of a dding in Mondays once sufficient vaccine and staff are available.)
Due to the COVID-19 Shelter in Place order, the Ric hmond Memorial Auditorium has not been used for most of 2020. Large gatherings a re not anticipated to be hosted at the site until Contra Costa County lifts the shelte r in place order. Therefore, the site for vaccine distribution utilizes an unused building fo r a critical service to ensure Richmond and Contra Costa County Residents' health and wellness.
CCHS will provide security during operating hours, provide janitorial services for the site and remove remaining vaccines at the end of each da y. The proposed vaccine center will be one of the largest such sites in West Contr a Costa County (“West County”). It would support health equity efforts to provide equitable access to COVID-19 vaccines in the City of Richmond and West County. Vaccines will be available to eligible Richmond and Contra Costa County residents based on the Cali fornia Department of Public Health’s allocation guidelines, prioritizing supply and availability based on age, occupational risk exposure, and residence in vulner able communities. Currently, eligible recipients may access vaccines through their primar y healthcare provider. This vaccine center will increase access by providing vaccines t o residents who may not have a primary healthcare provider by scheduling an appoin tment through CCHS’s online
appointment request form . For more information related to the County’s vacc ination efforts please visit their website at https://www.coronavirus.cchealth.org/vaccine .
Due to the emergency nature of the item related to the COVID-19 pandemic and need for vaccine distribution to the community the City Manager as Emergency Operations Director (EOC) Director has executed the agreement. City staff is seeking ratification of the Agreement and ancillary documents from the City Council.
ATTACHMENTS:
Attachment 1 - Permit to Enter Agreement - CCHS
Attachment 2
Attachment 3
RELEASE OF LIABILITY AGREEMENT
SECOND AMENDMENT TO
PERMIT TO ENTER AND RELEASE OF LIABILITY AGREEMENT
THIS SECOND AMENDMENT TO PERMIT TO ENTER AND RELEASE OF LIABILITY AGREEMENT (“ Second Amendment”), dated as of January 1 , 202 2, is made and entered into by and between the CITY OF RICHMOND, a municipal corporation and charter city (“City”) and CONTRA COSTA COUNTY, a political subdivision of the State of California (“Permittee”), with reference to the following facts.
RECITALS
A. The City and Permittee entered into a Permit to Enter and Release of Liability Agreement on January 14, 2021 , that was first amended on April 1, 2021, for the use of the Richmond Memorial Auditorium and Convention Center, located at 403 Civic Center Plaza, Richmond, CA (the “PTE”).
B. The parties desire to extend the term of the PTE.
The parties therefore amend the PTE as follows:
AGREEMENT
1. All defined terms used by not defined in this Second Amendment have the meaning ascribed to them in the PTE.
2. Section 9, Term, shall be deleted in its entirety and replaced with the following:
9. Term. The term of the PTE and this Agreement shall commence on the Effective Date and shall end on June 30, 2022. Thereafter, the PTE and this Agreement may be extended on a month-to-month basis with written consent of City . Upon termination, the PTE and this Agreement shall be null and void and of no further force or effect, except as to those provisions of this Agreement which are stated herein to expressly survive the expiration or earlier termination of this Agreement.
3. All other terms of the PTE remain unchanged.
[Signatures on Following Page]
Attachment 4
City and Permittee are causing this Second Amendment to be executed as of the date set forth in the introductory paragraph.
PERMITTEE:
CONTRA COSTA COUNTY,
a political subdivision of the State of California
By:___________________________
Name: Eric Angstadt
Chief Assistant County Administrator
Address for Notices:
Contra Costa County
1025 Escobar St, 4th Floor
Martinez, CA 94553
Attn: Eric Angstadt
Chief Assistant County Administrator
CITY:
CITY OF RICHMOND, a municipal corporation and charter
city
By: ____________________________
Approved as to form:
________________________________
City Attorney
ME:
G:\realprop\LEASE MANAGEMENT\COVID\Testing Sites\City of Richmond Health Testing Facility\Vaccine Administration Site\PTE_ContraCostaCounty 2nd Amendment - Convention Center - V1.docx
RELEASE OF LIABILITY AGREEMENT
THIRD AMENDMENT TO
PERMIT TO ENTER AND RELEASE OF LIABILITY AGREEMENT
THIS THIRD AMENDMENT TO PERMIT TO ENTER AND RELEASE OF
LIABILITY AGREEMENT (“ Third Amendment”), dated as of _____________, 202 2, is made and entered into by and between the CITY OF RICHMOND, a municipal corporation and charter city (“City”) and CONTRA COSTA COUNTY, a political subdivision of the State of California (“Permittee”), with reference to the following facts.
RECITALS
A. The City and Permittee entered into a Permit to Enter and Release of Liability Agreement on January 14, 2021 , that was first amended on April 1, 2021, and amended a second time on January 6, 2022, for the use of the Richmond Memorial Auditorium and Convention Center, located at 403 Civic Center Plaza, Richmond, CA (the “PTE”).
B. The parties desire to extend the term of the PTE, update the hours of operation, and allow for the County’s shared use of the kitchen.
The parties therefore amend the PTE as follows:
AGREEMENT
1. All defined terms used by not defined in this Third Amendment have the meaning ascribed to them in the PTE.
2. Section 2, Term, shall be deleted in its entirety and replaced with the following:
2. Term. The term of the PTE and this Agreement shall commence on the Effective Date and shall end on June 30, 2023 . Thereafter, the PTE and this Agreement may be extended on a month-to-month basis with written consent of City. Upon termination, the PTE and t his Agreement shall be null and void and of no further force or effect, except as to those provisions of this Agreement which are stated herein to expressly survive the expiration or earlier termination of this Agreement.
3. Section 3, Terms of Operation, shall be deleted in its entirety and replaced with the following:
3. Terms of Operation.
a. Hours. The vaccine/testing area in the Building will be operated by the County Monday through Saturday, 7:00 a.m. to 6:00 p.m.
b. Kitchen. The County will have shared use of the kitchen during the term of this agreement.
c. Janitorial Service. County shall provide janitorial services to that portion of the Building that it uses. City shall provide janitorial services to any portion of that Building shared with or not used by County.
d. Security. County shall provide security to the Building during the term of this Agreement as County deems necessary.
e. Access to Building . On each day of County’s operation of the Building, City staff will unlock the Building at the beginning of the day and lock the Building end of the day.
f. Utilities and Equipment . City shall provide water and electricity, tables, and chairs for County’s use. The tables and chairs are to be wipeable, not cloth. County staff will inform City staff of the number of tables and chairs needed.
4. All other terms of the PTE remain unchanged.
[Signatures on Following Page]
City and Permittee are causing this Second Amendment to be executed as of the date set forth in the introductory paragraph.
PERMITTEE:
CONTRA COSTA COUNTY,
a political subdivision of the State of California
By:___________________________
Name: Eric Angstadt
Chief Assistant County Administrator
Address for Notices:
Contra Costa County
1025 Escobar St, 4th Floor
Martinez, CA 94553
Attn: Eric Angstadt
Chief Assistant County Administrator
CITY:
CITY OF RICHMOND, a municipal corporation and charter
city
By: ____________________________
Approved as to form:
________________________________
City Attorney
ME:
G:\realprop\LEASE MANAGEMENT\COVID\Testing Sites\City of Richmond Health Testing Facility\Vaccine Administration Site\PTE_ContraCostaCounty 3rd Amendment - Convention Center - V2.docx
Attachment 6
RENTAL COSTS FOR THE USE OF THE CONVENTION CENTER IN
Calendar Years (CY) 2021, 2022 and 2023
Permit Number Timeframe of Rental Amounts Due
Permit # 1533 January 2021 to July 2021 $1,161,601.00
Permit # R1606 August 2021 to December 2021 $960,579.00 Amount waived in CY 2021 $2,122,180.00
Permit #R1681 January 2022 to June 2022 $1,186,141.00
Permit # July 2022 to December 2022 $498,186.00
Amount waived in CY 2022 $1,684,327.00
Permit # January 2023 to June 2023 $498,186.00
Proposed Amount waived in CY 2023 $498,186.00
TOTAL REVENUE LOSS* $4,304,693.00
* The revenue loss total does not include the 50% discount rate for governmental entities
June 21, 2022
Library and Community Services
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Melinda Cervantes, Interim Deputy Director of
Community Services – Library
Abigail Sims-Evelyn, Literacy Program Manager - LEAP
Subject:
Accept and Appropriate Share the Spirit 2021 Additional Funds Grant Award
FINANCIAL IMPACT: The receipt of this grant award will provide $4,000 to the Literacy for Every Adult Program (LEAP) to provide six
(6) scholarships to Richmond residents who will
participate in civic engagement workshops provided by
LEAP and for general support of participant activities.
There will be no impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
Not applicable.
STATEMENT OF THE
ISSUE:
The Literacy for Every Adult Program (LEAP) has been
awarded an additional $4,000 grant from The Share the
Spirit East Bay, a project of the Bay Area News Group – East Bay Times to support civic engagement workshops
provided by LEAP to Richmond residents.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE in the FY 2021-2022
budget $4,000 received from Share the Spirit East Bay
2021 Additional Funds Grant – Library and Community
Services (Melinda Cervantes/Abigail Sims-Evelyn 510-
307-8082).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
The Literacy for Every Adult Program (LEAP) was awarded additional grant funds of $4,000 from Share the Spirit East Bay, a project of the Bay Area News Group – East Bay Times. Share the Spirit has been helping East Bay communities for nearly three decades. Grants are awarded annually as Share the Spirit is created with gifts from generous people committed to local causes, many of them East Bay Times readers.
Thanks to this grant award, LEAP will be able to support civic engagement in the community by teaching residents civic engagement strategies.
DOCUMENTS ATTACHED:
Attachment 1 – Share the Spirit 2021 Additional Funds Grant Letter Attachment 2 – Share the Spirit 2021 Grant Agreement Letter
June 21, 2022
Library and Community Services
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Troy Porter, Recreation Supervisor
Subject:
Contract With Ed Fund to Provide Youth Programs to
Camp Achieve Youth In Partnership With Community
Services-Recreation
FINANCIAL IMPACT: The total contract amount is $54,000 over a three-year period. The contract payment will be made through funds received from the Richmond Kids First Initiative from the account number 01253551-400201.
PREVIOUS COUNCIL
ACTION:
7/27/2021
STATEMENT OF THE
ISSUE:
The Community Services Department, Recreation
Division is requesting approval of a three-year contract with West Contra Costa Public Education Fund to provide free youth programs to 6th, 7th, and 8th graders through Camp Achieve over an eight-week period. The term of
the contract is July 1, 2021 through June 30, 2025, in an amount not to exceed $54,000.
RECOMMENDED ACTION:
APPROVE a contract with West Contra Costa Public
Education Fund to provide free youth programs in
partnership with Community Services-Recreation to 6th,
7th, and 8th graders through Camp Achieve’s 8-week
summer camp program. The term of the contract is July
1, 2021 through June 30, 2025, in an amount not to
exceed $54,000 - Community Services Department -
Recreation Division (LaShonda White/Ranjana
Maharaj/Troy Porter 510-620-6822).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
On July 27, 2021, the City Council approved a resolution from the Richmond Fund for Children and Youth (RFCY) to award twenty (20) RFCY grants to youth-serving public and nonprofit organizations in a total amount of $1,620,000. As a youth-serving agency, the Community Services Department, Recreation Division, in partnership with West Contra Costa Public Education Fund (Ed Fund), applied for the RFCY funding and was awarded a total grant amount of $90,000. Out of this amount, Ed Fund will be receiving $18,000 per year for their services (Attachment 1).
Ed Fund has been partnering with the Community Services Department, Recreation Division and the West Contra Costa Unified School District (WCCUSD) since 2014 to provide free summer programs to elementary school children at four community centers. This camp is designed for students in the WCCUSD and local charter schools to help overcome summer learning loss. Many of our target students are more than two years behind in language and literacy learning. Our program helps our students to increase their language and literacy skills over the summer months. Pre- and post-tests taken each of the last seven summers has demonstrated increases in language learning for our camp participants.
The general fund allocation for the Achieve Summer Camp program has allowed us to serve elementary school children only. With the RFCY grant funds, our partnership will allow us to provide access to free high-quality summer camps over an 8-week period to 6th, 7th, and 8th graders (Attachment 2). Camp Achieve will provide proven academic interventions and high-quality enrichment programs to 80 Richmond youth at four community centers.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Ed Fund
Attachment 2 – FY 2021-2024 RFCY Grant Agreement
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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 $ 54,000 . 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.
Community Services Dept
[email protected] (510) 620-6822
Provide free high quality summer camps to 6th, 7th, and 8th graders from Richmond over an 8-week period through Camp Achieve at four community centers.
West Contra Costa Public Education Fund
Robert Bunce
(510) 296-5814 [email protected]
July 1, 2021
June 30, 2025
✔
359
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
West Contra Costa Public Education Fund
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:
Ed Fund will fulfill the following responsibilities:
Coordinate certificated WCCUSD teachers to develop and administer curriculum for academic activities at Camp Achieve.
Coordinate Richmond non-profits to provide push-in specialty enrichment services at Camp Achieve.
Provide program consultancy for Camp Achieve.
Develop, administer, collect, and analyze evaluations, surveys, and other Camp Achieve data and provide the same to City of Richmond.
JOINT RESPONSIBILITIES
Exchange student and program data as necessary for Camp Achieve enrollment and program data analysis.
Participate in marketing and engagement efforts to enroll students at Camp Achieve.
Meet at a minimum on a monthly basis to align, coordinate, and review services.
Community Services Director
West Contra Costa Public Education Fund
For the Contract between the City of
Richmond and
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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 Managerbefore 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.
Troy Porter
West Contra Costa Public Education Fund
Community Services Dept
mitted by Contra
ctor shall b
For the Contract between the City of
Richmond and
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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:
West Contra Costa Public Education Fund
West Contra Costa Public Education Fund
3230 Macdonald Avenue
Rober Bunce
1400 Marina Way South
Richmond, CA 94804
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 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
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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
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):
None.
West Contra Costa Public Education Fund
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.
West Contra Costa Public Education Fund
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
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 and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1 GRANT SERVICES AGREEMENT
RICHMOND FUND FOR CHILDREN AND YOUTH
GRANT PROGRAM
Department: City Manager’s Office,
Internal Services
Project Manager:
LaShonda White
Project Manager’s E-mail:
[email protected]
Project Manager’s Phone Number:
(510) 620-6512
Grantee:
City of Richmond Community Services
Department, Recreation Division
Contact Name: Troy Porter
Email: [email protected]
Phone: (510) 829-1825
Vendor No: 5680
Contract No: ____________
Term: 7/1/21 - 6/30/22 Payment Limit: $ 90,000.
Program/Project Summary:
The City of Richmond Community Services Department will partner with West Contra Costa Public Education Fund (Ed Fund) to ensure Richmond youth in 6th, 7th, and 8th grades have access to free high quality summer camps at four community centers by providing proven academic interventions and high-quality enrichment programs at Camp Achieve.
THIS AGREEMENT is entered on ________________, 2021 (Effective Date) by and between the City of Richmond, a municipal corporation and charter city (City) and City of Richmond Community Services Department, Recreation Division , a California nonprofit corporation (Grantee).
RECITALS
A. On June 5, 2018, Measures E and K, known as the Richmond Kids First Initiative, approved a City of Richmond charter amendment (Article 15) to create the Richmond for Fund of Children and Youth (Fund), require that a portion of the General Fund be set aside to fund youth programs and services, establish a 15-member Oversight Board, conduct a Community Needs Assessment (CNA), and develop a three-year Strategic Investment Plan (SIP) which guides a 3-year grant-making process.
B. As stated in the Charter of the City of Richmond - Article 15 Section 2, the Fund will be maintained separate and apart from all other City funds and shall be appropriated annually at the time of the City’s budget adoption. The City of Richmond is required to set aside a portion of the annual actual unrestr icted general purpose revenues of the City to be transferred in the amounts specified below:
• For Fiscal Year 2021-2022, set aside for the Fund is an amount equal to one percent (1%) of the City’s annual actual unrestricted general purpose revenues • For Fiscal Year 2022-2023, set aside for the Fund is an amount equal to two percent (2%) of the City’s annual actual unrestricted general purpose revenues 5794
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2 • For Fiscal Year 2023-2024, and each fiscal year thereafter through Fiscal Year 2027-2028, set aside for the Fund is an amount equal to three percent (3%) of the City’s annual actual unrestricted general purpose revenues.
C. On June 1, 2021, Grantee submitted a Grant application that was evaluated and recommended for funding by the Fund Grant Review Panel and approved by the City Council on July 27, 2021. Grantee and City now wish to enter into this Agreement for the provisio n of Grantee’s Program (as defined below) as approved by the City Council.
NOW, THEREFORE, it is agreed between the parties hereto that:
ARTICLE I
PROVISIONS
Section 1.1 Scope of Services.
A. Program Delivery. Grantee shall, to the satisfaction of City, perform and provide the program and/or services outlined in the Service Plan attached hereto and made a part hereof as Exhibit A (Program).
B. General Administration. Grantee shall provide program management and general administrative services to support the Program. Administrative support includes, but is not limited to the following: data collection and analysis, preparation and submission of a mid-year and a final (close-out) report, budget preparation and submission of demands for reimbursement, and any other function that will ensure compliance with this Agreement.
C. Staffing. For each employee funded by the Grant, Grantee shall provide the name of such employee(s), title, description of job responsibilities, hourly base pay rate or billable rate, and an estimate of time to be spent on the P rogram by employee per pay period. Such staff information shall be submitted within thirty (30) days of the Effective Date. Grantee shall inform City in writing, within ten (10) working days, of any changes of such staff that occur during the Term.
D. Performance Monitoring. City shall have the right to monitor Grantee’s compliance with the goals and performance standards established in this Agreement . Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is n ot taken by Grantee within thirty (30) days after being notified by City, this Agreement may be suspended or terminat ed. Substandard performance may be shared with fu ture RFCY Grant Review Panel members, City Council and/or City staff and may impact Grantee’s ability to apply for and/or receive future City funds, including Grant funds.
E. Site Visits and Meetings . City may coordinate at least one (1) site visit of every Grant-funded Program during the Term . City may also convene at least one (1) mandatory meeting and/or training session. City will provide Grantee timely notice for each such meeting or training session.
Section 1.2 Term.
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3 This Agreement shall commence effective July 1, 2021, and shall terminate on June 30, 2022, and thereafter the Agreement shall be null and void and of no further force or effect, except as otherwise provided herein. The parties have the option to renew for two additional one -year peri ods based on available grant funds, satisfactory evaluation, grant monitoring reports, and overall grant performance. The second and third grant period would run from July 1, 2022, through June 30, 2023; and from July 1, 2023, through June 30, 2024. Each renewal option must be exercised in writing by both parties and shall be contingent on the availability of Grant funds and Grantee’s satisfactory performance of the Program, at City’s sole and absolute discretion.
Section 1.3 Funding.
This Agreement shall be deemed executory to the extent that the monies are appropriated in the current Grant Budget for the purposes of this Agreement and no liability shall be incurred by City, or any other department of City, beyond the monies budgeted and available fo r this purpose. The Agreement is not a general obligation of City. Neither the full faith and credit, nor the taxing power of City is pledged to the payment of any amount due or to become due under this Agreement. It is understood that neither this Agreement nor any representation by any City employee or officer creates any obligation to app ropriate or make monies available for the purpose of the Agreement beyond those monies appropriated in the current Grant Budget for the purposes of this Agreement.
ARTICLE II
DISBURSEMENT LIMIT
Section 2.1 Amount.
It is expressly agreed and underst ood that the total amount to be disbursed by the City under this Agreement shall not exceed $90,000 (Disbursement Limit). To the extent practicable, the use of Grant funds shall be used on a pro rata basis with other funds provided to the Program.
Section 2.2 Demands.
The Project Manager may disburse a twenty-five percent (25%) advance payment of the Disbursement Limit to Grantee (Advance Payment) in its sole discretion. Grantees receiving an Advance Payment, may be eligible for an additional advance of twenty-five percent ( 25%), contingent upon the submission of complete reporting and invoicing documentation, as set forth Section 4.1(C) of this Agreement , as det ermined by the Project Manager . A final advance payment of twenty -five percent (25%) may b e made , contingent upon submission of the complete reporting and invoicing documentation, as set forth in Section 4.1(C) of this Agreement, as determined by the Project Manager. Unless the Project Manager approves disbursement of Advance Payment described herein, Grant funds will be disbursed on a reimbursement basis.
The remaining twenty-five percent (2 5%) will be reserved until the completion of the grant program and final submittal of all required documentation.
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4 It is Grantees’ responsibility to ensure that Grant funds are used only for the eligible costs and amounts specified in the Program Budget, attached hereto and made a part hereof as Exhibit B. No more than twenty percent (20%) of the Grant funds may be allocated by Grantee to indirect costs, calculated as a percentage of the total grant request. Should Grantee fail to use Grant funds in accordance with the Program Budget, the payment of Grant funds may be suspended or terminated.
Section 2.3 Non-Liability.
City shall not be liable for any c ost that (a) has been paid, reimbursed or i s subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date of this Agreement; (c) is not in accordance with the terms of this Agreement including all attachments; or (d) has not been billed to City within thirty (30) calendar days after the date this Agreement terminates.
ARTICLE III
LIMITATION ON CITY OBLIGATIONS
Section 3.1 Limitations.
A. Nothing in this Agreement shall make Grantee or Grantee’s employees (a) subject to any of the memoranda of understandin g that apply to employees of City, (b) subject to the Personnel Rules that apply to employees of City, (c) subject to any of the benefits received by employees of City, including but not limited to, Medical, Dental, Vision, Retirement, Vacation Sick Leave, and Administrative Leave, (d) covered by City’s Workers’ Compensation Insurance, (e) employees of City for purposes of the Tort Claims Act (Govt. Code Sections 825 et seq).
B. Grantee and Grantee’s employees shall not be protected by the same immunities and right to indemnification and defense extended by the Tort Claims Act (Govt. Code Sections 825 et seq) to public employees.
Section 3.2 Termination for Convenience.
This Agreement may be terminated by the Ci ty, at its sole and absolute discretion, upon thirty (30) days advance written notice thereof to Grantee, or cancelled immediately by written mutual consent.
ARTICLE IV
ADMINISTRATIVE REQUIREMENTS
Section 4.1 Financial Management.
A. Accounting Standards. Grantee shall adhere to Generally Accepted Accounting Principles, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
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5 B. Documentation and Record-Keeping.
(1) Records to be Maintained . Grantee shall maintain all records required that are pertinent to the activities to be funded under this Agreement, in a manner satisfactory to the City.
(2) Retention. Grantee shall retain all records related to the Program for a period of five (5) years after the termination of all activities funded under this Agreement
(3) Client Data. Grantee shall maintain client data demonstrating client eligibility for the Program, including client name, address, basis for determining eligibility, and description of service provided. Such information shall be ma de available to City monitors or their designees for review upon request.
(4) Close-Outs. Grantee’s obligation to City sh all not end until all close -out requirements are completed, including preparation of a close-out report (Close-Out Report) at the end of the Term. Activities during the Close-Out period shall include, but are not limited to: submission of the Close-Out Report, making final payments, submission of the Final Invoice (as defined below), and the return of unspent cash advances.
(5) Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty (30) days after receipt of such report by Grantee.
Failure by Grantee to comply with any audit requirements shall constitute a breach of this Agreement and may result in the withholding of future payments.
C. Reporting and Payment Procedures.
(1) Budgets. The Program Budget (Exhibit B) shall include a list of expenditures to be met with Grant funds. No more than twenty percent (20%) of the Grant funds may be allocated to indirect costs, calculated as a percentage of the total grant award.
City and Grantee may agree to revise the Program Budget from time to time in accordance with existing City policies.
(2) Payment Procedures. Subject to the Disbursement Limit, City will pay Grant funds available under this Agreement based upon information submitted by Grantee and consistent with the Program Budget and City policies concerning such payments.
Payments will be made for eligible expenses actually incurred by Grantee up to the Disbursement Limit. Any funds remaining shall revert back to City. Payments will be adjusted by City in accordance with any advance payments to Grantee.
(3) Progress Reports. Grantee shall submit quarterly grant reports (Progress Report) to the City in the form and content as set forth in Exhibit C (Grant Report Template).
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6 The Progress Reports are due no later than the Due Dates listed below, unless an extension is authorized by the City’s in its sole and absolute discretion:
Period to be covered Due Date
July 1, through September 30 November 30
October 1, through December 31 January 31
January 1, through March 31 April 30
(4) Close-Out Report. The Close-Out Report, covering the entire grant period, is due by no later than fifteen (15) days after the end of the Term, unless an extension is authorized at the City’s sole and absolute discretion.
Period to be covered Due Date
July 1 through June 30 July 31
(5) Invoices. Invoices shall contain , but not be lim ited to, the following information in sufficient detail and be submitted in a form which adequately de monstrates consistency with the Service Plan and Program Budget:
a. Number of hours Grantee staff performed work per task; b. Number of hours per staff member being billed for which stipends have been paid;
c. Hourly or flat rate provided; and
d. Itemization of any other direct costs ( e.g. supplies, travel, operating expenses, etc.) incurred for which reimbursement is being requested within that invoice period.
Note: Itemization of indirect cost (e.g. rent, utilities, etc.), although not required, may be requested and shall be made available to the City.
(6) Required Supporting Documentation . The following Required Suppor ting Documentation must be submitted with each Invoice, as applicable:
a. Each Invoice must contain all of the information specified in the Grant Report Template, attached hereto and made a part hereof as Exhibit C. b. If stipends are included in the Invoice, the Invoice must be accompanied by copies of participant’s daily logs or timesheets covering all stipend hours for which reimbursement is being requested.
c. If the Invoice is requesting reimbursement of any other direct costs (any costs other than staff ti me or stipends such as supplies, travel, operating expenses, etc. ), the I nvoice must be accompanied by copies of actual itemized invoices or receipts for all applicable direct costs. d. If staff time is included in the Invoice, City may request that the Invo ice be accompanied by copies of timesheet s or payroll records covering all staff hours for which reimbursement is being requested.
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7 (7) Matching Funds. Matching Funds refers to all program funding above the RFCY award that are necessary to provide the services at the proposed levels. Grantee must demonstrate, and is accountable for, raising and documenting funding that equals at least fifteen percent (15%) of the RFCY grant award as a program match.
This fifteen percent (15%) match of RFCY program funding must be a cash or in- kind match that supports the proposed program. Grantee must provide evidence of in-kind and cash matches at the end of the third quarter, (e.g., through letters, copies of checks, grants, or records of volunteer or donated services.)
ARTICLE V
GENERAL PROVISIONS
Section 5.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture by and between City and Grantee or their agents, employees, including Grantee’s employees, or subcontractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its employees, agents, or both, perform the services required of it by the terms of this Agreement. Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of the Program under this Agreement.
Section 5.2 Compliance with Laws.
A. Grantee 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 Agreement, including without limitation environmental laws, disability laws, including the Americans with Disability Act, employment discrimination laws , living wage and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Municipal Code of the City of Richmond (Municipal Code), including Chapter 2.28 and Chapters 2.50, 2.52, 2.56, 2.60, and 2.65 if applicable, which are herein incorporate d by reference.
B. Grantee acknowledges that under Section 2.60.070 of the Municipal Code (Living Wage Ordinance), Grantee shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in Section 2.60.070 of the Municipal Code, Grantee shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
C. Grantee shall comply with Section 2.28.030 of the Municipal Code obligating every contractor or subcontractor under a contract or subcontract with 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, r eligious creed, national origin or ances try of any employee, any applicant for employment or any potential subcontractor.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
8 Section 5.3 Publicity and Acknowledgement of Support.
Grantee shall give appropriate credit to City and the RFCY program for its financial support in any and all press releases, publications, annual reports, video credits, dedications and other public communications regarding the Program and services performed pursuant to this Agreement, including but not limited to any tangible final products produced pursuant to this Agreement. Copies of such materials shall be provided to City for review. Grantee hereby grants to City the right and authority to publicize City and RFCY program support for the Program in press releases, publications, and other public communications of any type including, without limitation, digital and web publications, and to use Grantee’s name, likeness, logo or other official representation of Grantee in such communications.
Web Site Links: Grantee grants revocable permission to City to place links to Grantee’s web site on City’s RFCY web site. City grants revocable permission to Grantee to place links to City’s RFCY web site on Grantee’s web site.
Section 5.4 Background Checks.
If Grantee provides services to youth or other vulnerable populations (elderly, differently- abled, etc.), Grantee shall require comprehensive background checks and finger printing of all employees and/or volunteers that work directly with youth or such other vulnerable populations.
Section 5.5 Default.
In the event Grantee fails to perform properly any of its obligations hereunder and such failure of performance is not cured by Grantee within thirty (30) days after receipt of written notice from City or if the cure takes longer than thirty (30) days, if Grantee fails to commence to cure or within a reasonable time thereafter fails to complete the cure, City may in addition to any other remedies, suspend or terminate this Agreement, complete Grantee’s obligations in any reasonable man ner it chooses, or operate or maintain the Program as the City may deem necessary to fulfill require ments of the Grant. Grantee shall reimburse City for any costs o r expenses incurred by City because of such failure to perform. If Grantee fails to comply with any of rules, regulations, ordinances, requirements or provisions of City, in addition to other remedies as provided by law, this Agreement may be suspended or terminated.
Section 5.6 Copyright.
If this Agreement results in any copyrightable material, City reserves the right to royalty- free, non -exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
Section 5.7 No Claims.
Nothing contained in this Agreement shall create or justify any claim against City by any person that Grantee may have employed or with whom Grantee may have contracted relative to DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
9 the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services for the Program or otherwise.
Section 5.8 Indemnification.
A. To the fullest extent permissible by law, Grantee shall indemnify, defend and hold harmless, and requ ire its contractors and subcontractors to defend, indemnify and hold harmless, City, and its elected and appointed officials, and all of their employees and agents (Indemnified Parties), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defen se costs (coll ectively, Claims), resulting from injury to or death sustained by any person (including Grantee’s or any contractors’ or subcontractors' employees), or damage to prop erty of any kind, or any other injury or damage whatsoever, which Claims arise out of or a re in any way connected with the provision of Program services hereunder or this Agreement, regardless of Grantee’s fault or negligence; provided, however, that Grantee’s indemnity obligations hereunder shall not apply to the extent any Claims are caused by the sole and active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Grantee and its contractors and subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.
B. In Claims against any person or entity indemnified under Section 5.8A above by an employee of Grantee, or its contractors and subcontractors, anyone directly or ind irectly employed by any one of them or anyone for whose acts one of them may be liable, th e indemnification obligation under Secti on 5.8A above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under worker s' compensation acts, disability benefit acts or other employee benefit acts.
Section 5.9 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of City shall be personally liable to Grantee in the event of any default or breach by City or for any amount which may become due to Grantee or its successor or on any obligation under the terms of this Agreement.
Section 5.10 Insurance.
Grantee shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in Exhibit D “Insurance Requirements.”
Section 5.11 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 5.12 Conflict of Interest.
A. Except for approved eligible administrative or personnel costs, no person described in Section 5.12B below who exercise s or has exercised any functions or resp onsibilities with DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
10 respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or bene fit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Grantee shall exercise due diligence to ensure that the prohibition in this Section 5.12A is followed.
B. The conflict of interest provisions of Section 5.12A apply to any person who is an employee, agent, consultant, officer, or any immediate family member of such person, or any elected or appointed official of City, or any person related within the third (3rd) degree of such person.
Section 5.13 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and:
If intended for City shall be addressed to:
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, California 94804
Attention: City Manager
With copy to:
City of Richmond
450 Civic Center Plaza, Suite 340
Richmond, CA 94804
Attention: City Attorney
If intended for Grantee shall be addressed to:
City of Richmond Community Services Department, Recreation Division 3230 Macdonald Avenue
Richmond, CA 94804
Attention: Troy Porter
Any notice, demand or communication shall be deemed given, received, made or communicated on the date person al delivery is affected or, if mailed in the manner he rein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any party may change its address at any time by giving written notice of such change a t least ten DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
11 (10) days prior to the date such change is desired to be effective.
Section 5.14 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 5.15 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the partie s and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the parties.
Section 5.16 Attorneys' Fees.
If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys’ fees and costs of suit from the other party.
Section 5.17 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 5.18 Waivers.
Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. A ny extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Grantee shall not be construed to b e consent to any other or subsequent act or omission or to waive the requirement for Grantee’s written consent to future waivers.
Section 5.19 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
12 reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 5.20 Entire Understanding of the Parties.
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter . All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties.
Section 5.21 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY OF RICHMOND:
Laura Snideman Date
City Manager
Approved as to form: Attest:
____________________________ ____________________________ Teresa Stricker Pamela Christian
City Attorney City Clerk
GRANTEE:
Name Date
_________________________________ _________________________________ Title Signature
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D Troy Porter 10/21/2021
Recreation Supervisor
Community Services Administrative Manager
11/16/2021Ranjana Maharaj
11/24/2021
Shasa Curl on
behalf of
James Atencio
on behalf of
EXHIBIT A
SERVICE PLAN
In a satisfactory manner as will be determined by the City‘s Project Manager, Grantee shall execute:
1. Service Specification
Expand the existing Camp Achieve, in collaboration with the Ed Fund and the City of Richmond Community Services Department, to serve Kindergarten through 6th grade, and create a 6th through 8th grade program at four Richmond community centers: Shields-Reid, Nevin, Parchester, and Recreation Complex. Camp Achieve will facilitate closing the opportunity gap, improve grade-level reading, and mitigating summer-learning loss. Through these meaningful interactions with caring recreation staff, teachers and mentors, kids will build important relationships that foster a sense of security and belonging. The program will take place concurrently with the existing program, 5 days a week for 8 weeks serving 40-56 unique Richmond youth.
More specifically, Camp Achieve will provide the following programming components:
• Morning academic blocks provided by a WCCUSD certificate teacher and afternoon enrichment blocks provided by contracted CBO providers. o Literacy programs will provide by campers with instruction from high quality Richmond-based non-profit organizations 3 hours a day, 3 days a week.
• Embedded literacy focus, including reading mentors and books for attendees, camp will increase grade level reading for campers as demonstrated each of the last five summers – sending kids back to school ready to learn without suffering from summer learning loss.
• Allowing kids to participate in high quality enrichment programs, such as:
o Performing Arts
o Chess
o STEM
Should COVID-19 restrictions allow, campers will also participate in weekly swimming trips to promote physical activity and wellness, and field trips that are linked to their themed project-based learning.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
EXHIBIT A
SERVICE PLAN
2. Timeline
Task/Activities Month
1st Term (July 1 – December 31)
CSD staff to meet and begin planning camp November-December Ed Fund to fundraise for camp September-December
2nd Term (January 1 – June 30)
CSD to plan scope and sequence for camp February
Ed Fund to contract teachers, CBO provider February-March Curriculum development, full scope of camp created March-May Recruitment of campers April-June
Staff recruitment February-May
Staff training & onboarding May-June
Begin Camp Achieve
June
Pre-assessments of campers
Campers engage in theme based academic programming
Campers take part in high quality enrichment programming Campers build relationships with caring adults
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
EXHIBIT A
SERVICE PLAN
3. Project Outcome and Evaluation
Program
Component Program Outcome Indicator/ Measurement Goal Evaluation Method School Readiness
Reduce summer learning
lose increased their
literacy readiness
Number of campers participating (4
sites x 10-14 campers) 40-56 Registration or average
daily attendance count
Number 6-8th grader campers 10-
14/grade
Registration or average
daily attendance count
% increase in literacy readiness over
8 weeks
10% San Diego Quick
Assessment
Social Emotional
Wellbeing
Engage with caring adults
and improve feelings of
safety and security
% Students will report positive
relationships with staff and other
campers
75% or
better
Student Survey and Debrief
Qualitative Data
Camper Satisfaction kids will build important
relationships
% Campers will report being safe at
camp and express and that they
enjoyed camp
75% or
better
Student Survey and Debrief
Qualitative Data
% caregivers that report return to
student return to school more
prepared
75% or
better
% of caregiver that report would
register their youth for camp achieve
the following year
75% or
better
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
EXHIBIT B
PROGRAM BUDGET
The Program Budget can be modified up to the disbursement limit upon request from the Grantee and approval from the City’s Project Manager.
Expenditures Grant
Amount
Budget Narrative Required Supporting
Documents for
Payment
Program Personnel
Staff $ 47,700 Coordinators,
Recreation Leaders,
Recreation Specialist,
Recreation Supervisor
Proof of payment
(Payroll records,
paystubs, etc.)
Timesheets (name, date,
and hours worked)
TOTAL PERSONNEL
COST
$ 47,700
Program Cost
Ed Fund Contract $ 18,800 Covers contracting
teachers and CBO
partners, grant writing,
program evaluation,
camp incentives
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Camp Materials $ 5,000 Supplies to provide
middle school
programming
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Food $ 500 Food and beverages Invoice and confirmation payment, receipt, bank
statement, or cancelled
check
COR indirect costs $ 18,000 Bookkeeping,
payroll/finance, and
allocated personnel
costs.
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
TOTAL PROGRAM COST $ 42,300
TOTAL PROGRAM COST
TOTAL PROJECT
BUDGET
$ 90,000
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Appendix B: Demographics Table
ESTIMATE OF TOTAL NUMBER OF UNDUPLICATED PARTICIPANTS: 56
Ages
Race/Ethnicity Birth-5 6-12 13-17 18-24 TOTALS
Asian 0 0 0 0 0
Black/African American 0 13 6 0 19
Latinx 0 18 9 0 27
White 0 1 1 0 2
Native American/Indigenous 0 0 0 0 0 Pacific Islander 0 0 0 0 0
Mixed Race 0 3 1 0 4
Prefer not to state 0 1 1 0 2
Other 0 1 1 0 2
TOTALS 0 38 18 0 56
Gender Number of Participants TOTALS
Male 30
Female 16
Non-Binary 0
Other Gender Not Listed 0
TOTALS 56
Residential Zip Codes Number of Participants TOTALS
94801 28
94803 0
94804 14
94805 0
94806 14
TOTALS 56
Narrative and Explanation:
Camp Achieve will serve 56 Richmond youth spread nearly evenly across 6th, 7th, and 8th grade.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Appendix C: Activity and Operations Projections Table
ACTIVITY PROJECTIONS:
Name of
Program
Activities
Category
(select from
menu
below)
No.
Sessions
per
Quarter
Avg. No.
Participants
Avg.
Length
per
Session
(hours)
Activity
Description
Academic
Instruction
Group 40 56
14 6-8th
graders per
site x 4 sites
1.5 hours
Certificated
WCCUSD
teachers
provide
academic
instruction to
participants
with a focus
on literacy.
Supportive
Services -
Group Check-
ins
Group 120 56
14 6-8th
graders per
site x 4 sites
0.25 hours
City of
Richmond
staff set aside
times just for
check-ins
with
participants
as a group,
two at the
beginning
and one at
the end of
each day of
summer
camp.
Enrichment
Activities -
Arts, Dance,
Music,
Culture,
Health
Group 24 56
14 6-8th
graders per
site x 4 sites
3 hours
Richmond
non-profits
provide
enrichment
programming
in various
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Education and
Wellness
areas, such as
arts, chess,
community
service,
nutrition, and
more.
Sports and
Recreation -
Swimming
Trips
Group 8 56
14 6-8th
graders per
site x 4 sites
3 hours
City of
Richmond
staff take
participants
on a weekly
swimming
trip.
Field Trips Group 8 56
14 6-8th
graders per
site x 4 sites
5.5 hours
City of
Richmond
staff take
participants
on a weekly
educational
and
enrichment
field trips.
Lunch and
Nutrition
Group 40 56
14 6-8th
graders
per site x
4 sites
0.75 hours
We provide
lunch and
snacks for
participants
every day.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
PROGRAM OPERATIONS:
Number of Weeks
Operating
Days of Week
Operating
Grant Program Hours
of Operation
June 2 Monday - Friday 10:00 am - 4:00 pm
July 4 Monday - Friday 10:00 am - 4:00 pm
August 2 Monday - Friday 10:00 am - 4:00 pm
September
October
November
December
January
February
March
April
May
TOTAL 8 Weeks 5 Days 6 Hours
LOCATION(S) OF PROGRAM ACTIVITIES:
Location Name Address Location Type
Nevin Community Center 598 Nevin Ave, Richmond,
CA 94801
Community Center
Parchester Community
Center
900 Williams Dr,
Richmond, CA 94806
Community Center
Shields-Reid Community
Center
1410 Kelsey St, Richmond,
CA 94801
Community Center
Recreation Complex 3230 Macdonald Ave,
Richmond, CA 94804
Community Center
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Project Expenses to Date: Attach a completed Invoice for any reimbursable costs incurred during this reporting period.
Fiscal Year 2021-22
Progress Report
Richmond Fund for Children and Youth (RFCY) Grant Program
Organization Name:
Project Name:
Contact Person: Contract #:
Grant Award Amount: $ Project Duration: (in months)
Total number of clients served:
Total number of clients served from Richmond:
Indicate the area or neighborhood(s) where services were provided:
Program Project Description: (Provide a brief description of the project/programs your organization is providing with RFCY Grant funds. Activities must be consistent with the Service Plan attached as Exhibit A to the Grant Services Agreement)
Task Accomplished and Success to Date:
1. What task has your organization completed in whole or in part during this period?(Task should be consistent with those identified in the Service Plan for the reporting period)
2. Identify and discuss any challenges, issues or problems your organization faced during this period which might impact the program/project’s ability to meet the intended outcomes identified in the Service Plan.
3. What lessons have you learned from participants, staff and/or the community during the course of the project?
4. What feedback have participants and/or members of the community provided regarding the program/project? (e.g. quotes, e-mails/letters, summarized findings from surveys)
5. Did your staff participate in any capacity-building opportunities during the reporting period? If so, please identify.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Project Expenses to Date: Attach a completed Invoice for any reimbursable costs incurred during this reporting period.
Complete the chart below. The chart should be completed using information from the Grant Service Agreement Exhibit A – 3 Outcomes Table. Add Lines if needed
Program Component Program Outcome Indicator/
Measurement Goal
1st Quarter 2nd Quarter Grant End
7/1 9/30 10/1 12/31 7/1 – 12/31
Actuals at period
end
Actuals at
period end
Cumulative
Actuals
School Preparedness Students return to class with
adequate supplies
# of backpacks
distributed 100 60 60 120
# of volunteers 20 5 3 8
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EXHIBIT D
INSURANCE REQUIREMENTS
During the entire term of this Contract and any extension or modification thereof, the Grantee 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.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
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.
DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
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.
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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.
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CITY OF RICHMOND
Standard Contract Approval and Execution Routing Slip
Step 1: Staff Preparation Contractor Name:__________________________ Contract# _______BL#_______Exp. Date:_______ Description of Services ___________________________________________Vendor #___________ Department:_______________________ Project Manager:_________________ Phone:___________ Initial Contract Amount:$_________________________ Term of Contract: ____________________ Total Contract: $ ________________________________
Initial Contract: Amendment: 1 2 3 4 Amendment $__________
Check One Attach
1. Check Emergency Justification (Please Attach) One Sole Source Approval Signed (Please Attach) Evidence of Competitive Bidding (Please Attach)
2. Prepare Scope of Work
3. Add Insurance Provisions
4. Obtain Tentative Contractor Approval (Scope of Work, General Conditions, Insurance Provisions)
5. Prepare Contract
6. Secure Legal Opinion
7. Purchasing Division Approval in Munis
City Clerk ensures that contract received City Council approval that took place at the ______________________Council meeting. ____________________City Clerk Signature Delivered Date Return Date
City Attorney ________________ ________________
Mayor ________________ ________________
City Clerk ________________ ________________ City Clerk will return two original documents to Project Manager for the contractor and department and place a copy on the Intranet
Step 2: Council Approval Process (Contracts above $10,000) Step 4: Submit Contractor Signed Documents to City Clerk
Step 3: After City Council Approval, Project Manager Executes Contract by
8. Check
Applicable
boxes
Council Approval
(over $10,000) (Council Meeting Date) _______________
This contract is grant funded by ________________________
Obtaining contractor signature on 3 original contracts and attaching Insurance Certificate and additional Insurance Endorsement
Using Agenda Plus System to Place Items on the City Council Agenda for Action
Rev. 11/2015
Call for grant
applications
(not attached)
City Manager
City of Richmond - Camp Achieve
5794
N/A
FY 20/21 RFCY Grant Agreement
5680
City Manager's Office, Internal Services
LaShonda White
620-6828
90,000
07/01/21 - 06/30/22
90,000
✔
✔
✔
✔
✔
✔
✔
✔
07/27/21
✔
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AMENDED
FY 2021-24
REQUEST FOR PROPOSALS (RFP)
For Direct Services in the Following Priority Areas:
• BEHAVIORAL HEALTH: MENTAL HEALTH AND WELLNESS
• EDUCATION SUPPORT AND EMPLOYMENT/TRAINING SUPPORT
• OUT OF SCHOOL, AFTER-SCHOOL, SPORTS AND ENRICHMENT
• YOUTH VIOLENCE PREVENTION
• ACCESS TO BASIC NEEDS
• INFORMATION, GUIDANCE AND CASE MANAGEMENT
AMENDED RFP ISSUED: TUESDAY, MAY 4 , 2021
PRE-PROPOSAL CONFERENCES:
TUESDAY, MAY 11, 2021
WEDNESDAY, MAY 12, 2021
AMENDED PROPOSAL DUE DATE: TUESDAY, JUNE 1, 2021, BY 2:00 P.M.
Richmond Fund for Children and Youth
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone 510.620.6523 www.richmondyouth.org
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 2 TABLE OF CONTENTS
I. Introduction .............................................................................................................................. 4 Request for Proposals Overview ...................................................................................................................... 4 II. Richmond Fund for Children and Youth (RFCY) Introduction ............................................. 5 The Richmond Fund for Children and Youth .............................................................................................. 5 Goals of the Richmond Fund for Children and Youth ............................................................................. 6 Richmond Department of Children and Youth (RDCY) ........................................................................... 7 Community Needs Assessment (CNA) Guiding Principles ................................................................... 8 Learning Questions ............................................................................................................................................... 8 Funding Allocations Available by RFCY 2021-2024 Strategies ............................................................ 9 II. Application Process .............................................................................................................. 10 Eligibility ................................................................................................................................................................ 10 Funding Amounts ............................................................................................................................................... 15 Applying for Funding ........................................................................................................................................ 18 Pre-Proposal Meetings, Training, & Technical Assistance .................................................................. 19 Important Dates .................................................................................................................................................. 20 Additional RFCY Resources ............................................................................................................................ 20 III. Funding Priority Areas for FY 2021-2024 .......................................................................... 21 Priority 1: Support Behavioral Health: Mental Health and Wellness for Children and Youth 23 Priority 2: Provide Education Support and Employment/Training Support so that Youth Can Move to College and Career .................................................................................................... 25 Priority 3: Support Out-of-School Time, After-school, Sports and Enrichment .......................... 27 Priority 4: Expand Youth Violence Prevention Efforts ........................................................................... 29 Priority 5: Strengthen Access to Basic Needs .......................................................................................... 31 Priority 6: Strengthen Access to Guidance and Information about Resources Available for Children and Youth ..................................................................................................................................... 33 IV. Proposal Instructions .......................................................................................................... 35 Step 1: Agency and Proposal Information ................................................................................................ 36 Step 2: Proposal Narrative .............................................................................................................................. 37 Step 3: Budget ..................................................................................................................................................... 40 Step 4: Required Documents ......................................................................................................................... 43 Step 5: Proposal Submission & Acknowledgement .............................................................................. 45 V. Funding Recommendations and Contract Negotiation .................................................... 47 Rejection of Proposal Elements .................................................................................................................... 47 Proposal Review Process ................................................................................................................................. 47 Evaluation of Proposals .................................................................................................................................... 49 Contract Negotiations ...................................................................................................................................... 50 Contract Award ................................................................................................................................................... 51 DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 3 Appendix A: Proposal Template ................................................................................................ 53 SECTION 1 – AGENCY AND PROPOSAL INFORMATION ...................................................................... 53 SECTION 2 –NARRATIVE ..................................................................................................................... 54 Appendix B: Demographic Projections Table(s) ...................................................................... 58 Appendix C: Activity and Operations Projection Table(s) ...................................................... 59 Appendix D: Budget Template .................................................................................................. 63 Appendix E: Letter of Agreement (LOA) Sample ..................................................................... 64 Appendix F: Compliance with City Council Policies and Applicable Laws ............................. 65 DocuSign Envelope ID: DD9ADCFB-ECBB-40A1-8BC4-0A9E6270DC8D
Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 4 I. Introduction
REQUEST FOR PROPOSAL S OVERVIEW
This Request for Proposals (RFP) is being issued by the City of Richmond, Department of Children and Youth (RDCY) for the Richmond Fund for Children and Youth (RFCY). This RFP aims to solicit program proposals from non-profit organizations and public agencies to provide services to children and youth from birth to 24 years old in Richmond and North Richmond.
Voluntary Pre-proposal (Bidders Conference) Meeting Date and Time:
In order to provide information regarding the RFP, RDCY will host two virtual pre-proposal conferences for interested applicants. A video of the pre-proposal meeting will be available on the RFCY grants webpage at www.ci.richmond.ca.us/RFCYGrants by May 15, 2021. • Tuesday, May 11, 2021: 10:00 a.m. to 12:00 p.m.
• Wednesday, May 12, 2021: 2:00 p.m. to 4:00 p.m.
Deadline for Questions: Thursday, May 13, 2021, by 5:00 p.m., by email to the Project Manager, David Padilla at [email protected].
Proposal Submittal Deadline Date and Time: Tuesday, June 1, 2021, by 2:00 p.m.
Proposal Submission: Proposals must be submitted online at www.ci.richmond.ca.us/RFCYGrants
The Grantee shall be required to comply with all applicable City programs and policies. Details are presented in this RFP and will be discussed at the pre-proposal meeting. Applicants who wish to participate in the RFP process are recommended to register, visit, and review the:
1. Richmond Fund for Children and Youth (RFCY) Grant Program Listserv
2. BidsOnline System
3. RDCY webpage
The links above will allow interested applicants to receive addenda, updates, announcements, and notifications relevant to the RFP and other contracting opportunities. If you have any questions, please email [email protected].
Contact Information: The following City staff are available to answer questions regarding this RFP: David Padilla at (510) 620-6523 or [email protected] (email preferred) and Patrick Seals at [email protected] (email preferred)
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 5 II. Richmond Fund for Children and Youth (RFCY) Introduction The Richmond Fund for Children and Youth (RFCY) is pleased to release the 2021-2024 Request for Proposals (RFP) to solicit program proposals from non-profit organizations and public agencies to provide services to children and youth in Richmond and North Richmond, California.
We look forward to the opportunity to collaborate with strong community agencies to best serve the needs of Richmond’s children and youth.
This RFP covers the six priority areas outlined in the 2021-2024 Strategic Investment Plan, which was developed through an extensive community engagement process and can be found on RFCY’s grant webpage (http://www.ci.richmond.ca.us/RFCYGrants). All applicants are strongly encouraged to read the 2021-2024 Strategic Investment Plan in addition to this RFP before starting the application process.
Grants awarded through this RFP process will be for an initial one-year period, July 1, 2021 to June 30, 2022 (FY 2021-2022), and may have the ability of renewal for up to two additional one- year periods between July 1, 2021 to June 30, 2023, contingent on past year’s grant performance and availability of funds. The total projected amount available for FY2021-2022 grant awards through this RFP is approximately $1.5 million in the initial year. The available funds for grants in years two and three will increase based on the funding allocations outlined in Article 15, Section 2 of the Richmond Charter.
The Richmond Fund for Children and Youth
On June 5, 2018, Richmond voters approved Measures E and K, known as the Richmond Kids First Initiative, which approved a City of Richmond charter amendment (Article 15) to:
• Create a Richmond Department of Children and Youth (RDCY), • Establish the Richmond Fund for Children and Youth (Fund) which requires that a portion of the City’s General Fund be set aside to fund youth programs and services, • Establish a 15-member Oversight Board,
• Conduct a Community Needs Assessment (CNA), and
• Develop a three-year Strategic Investment Plan (SIP) which guides a 3-year grant-making process.
Per the ballot measure’s Statement of Purpose, “Children, youth and young adults under the age of 24 comprise approximately 35% of the City of Richmond’s overall population, and young people in Richmond experience extremely high rates of violence, trauma, poor health and social outcomes, and stress.”
Richmond and North Richmond’s children and young people demand consistent and equitable access to healthy, safe, supportive, and inspiring environments at home and in community to foster their learning, growth, empowerment, and fulfillment.
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Richmond Fund for Children and Youth – RFP for Direct Services for FYs 2021-2024 6 The Fund was set up to provide a dedicated funding source to help address some of the issues facing Richmond’s young people and will be maintained separate and apart from all other City funds. At the time of the City’s budget adoption, the City is required to set aside a portion of the annual actual unrestricted general purpose revenues to be transferred in the amounts specified below:
• For Fiscal Year 2021-2022, set aside for the Fund is an amount equal to one percent (1%) of the City’s annual actual unrestricted general purpose revenues • For Fiscal Year 2022-2023, set aside for the Fund is an amount equal to two percent (2%) of the City’s annual actual unrestricted general purpose revenues • For Fiscal Year 2023-2024, and each fiscal year thereafter through Fiscal Year 2027-2028, set aside for the Fund is an amount equal to three percent (3%) of the City’s annual actual unrestricted general purpose revenues
The Fund aims to support programs that focus on community-based initiatives and interventions that improve the community institutions and environments that our children and young people interact with and navigate daily.
Goals of the Richmond Fund for Children and Youth
Per the Charter, the Fund will support services for young people that fulfill the following goals:
• To ensure that Richmond’s children, youth, and young adults are physically, emotionally, mentally, and socially healthy, educated, successful in school, and live in stable safe and supported families and communities
• To increase safety for children, youth, young adults, their parents/guardians, families and the communities in which they live by preventing problems and enhancing the strengths of children, youth, young adults and their families
• To ensure young people are provided with gender responsive, trauma-informed, population specific and culturally competent services
• To strengthen collaboration among public agencies and community-based organizations around shared outcomes among all service providers for children, youth, young adults and their parents/guardians
• To ensure an equitable distribution of resources to all of Richmond’s young people in recognition of the importance of investment in their futures from birth through young adulthood
• To fill gaps in services and leverage other resources whenever feasible
More information is available online from the Richmond Fund for Children and Youth website at www.richmondyouth.org.
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