Richmond City Council
July 19, 2022

2. SCOPE OF WORK
City of Richmond | Solid Waste Collection Franchise Agreement 1 Understanding of the City
R3 has a robust understanding of the City of Richmond and its solid waste collection contracting needs, which is based on our prior working relationships with the City as well as our long history of working in the solid waste and recycling industry in West Contra Costa County since the early 2000’s. We understand the City’s needs and desires with respect to evaluating its future contracting options that include addressing community needs, costs and rates, compliance with State laws, and the City’s membership in RecycleMore, the West Contra Costa Integrated Waste Management Authority.

Objectives to Accomplish
» Assess the City’s current solid waste collection franchise agreement and recommend updates based on current industry best practices. » Conduct a thorough financial and feasibility analysis regarding the City’s options. » Solicit community input on the current agreement and future actions. » Advise City staff and the City Council on a recommended course of action for solid waste collection services effective starting July 1, 2025.

Work to be Completed
Via this engagement, R3 will provide the City with expert solid waste consulting services as they relate to evaluation of solid waste contract terms and conditions, programs and services, and resultant costs and rates. R3 will be the City’s key partner and guide throughout the process (pursuant to RFQ Scope of Services Item 1), as the City seeks to facilitate City Council decision regarding whether to continue its solid waste contracting relationship with Richmond Sanitary Service (RSS) or proceed to a competitive procurement process for a new solid waste collection agreement. The specific work to be completed is summarized in the nine task areas outlined below, which correspond to Scope of Services Items 2 - 10 in the City’s RFQ. 1 - Collection Agreement Analysis & Recommendations
Drawing on our rich experience working on solid waste collection agreements throughout California, R3 will prepare a summary of best practices, terms and conditions, programs, and key provisions that should be considered by the City in its amended or new collection agreement. We will also conduct a thorough review of the current Agreement, in order to provide findings and recommendations for an amended or new contract. This may include an analysis of the City’s other solid waste-related agreements.

Task 1 Deliverables
— Project kick-off meeting.
— Summary of best practices, terms and conditions, programs, and key provisions for consideration in an amended or new collection agreement.

ATTACHMENT 1 - SCOPE OF WORK

2. SCOPE OF WORK
2 2 - Community Profile & Metrics
Using resources identified in the City’s RFQ as well as information in reports provided to the City by RSS, R3 will identify, gather, and summarize key information such as numbers of solid waste subscriptions by type, waste streams by type and ton, rates by customer classification, current solid waste service offerings, and demographic information to represent an accurate community profile that will inform the development of findings and recommendations via other tasks.

Task 2 Deliverable
— Solid waste profile and landscape report.
3 - Solid Waste Collection Gap Analysis
Using the resources identified by the City in its RFQ, as well as the outcomes of other tasks, R3 will research, assess, and leverage current plans, policies, City services, and delivery methods to conduct a gap analysis to establish findings and recommendations for the City’s future solid waste collection agreement and other agreements including but not limited to the Golden Bear Transfer Station Agreement. This may also include an analysis of whether or not the City should continue to be a party to the Post-Collection Agreement held by RecycleMore, recommend post-collection rate calculation revisions, or seek other alternatives.

Task 3 Deliverables
— Interviews with City staff members.
— Richmond solid waste gap analysis.
4 - Community Engagement
R3’s sub-consultant partner, Envirolutions, will work in collaboration with the City and R3 to develop and facilitate an inclusive, innovative, and accessible, multilingual community engagement process. This process will include reaching out to the overall Richmond community and stakeholders, and our approach is discussed in more detail below.

Finalize Project Design and Develop Project Materials
Envirolutions will seek input from City staff, local government and key stakeholders regarding the project design to ensure our approach is sound, keys into the desired impacts of the project, and is appropriate for the Richmond community. Outreach materials will be generated to inform the different participant groups regarding the purpose of the project and will be accessible through multilingual announcements.

Promotional materials will be distributed through various methods including print, social media, flyers, and through community listservs and announcement boards.

Design and Conduct Community Survey
With the input and involvement of City staff, Envirolutions will design a short survey to be conducted during community engagement events that will collect easily tabulatable responses that will inform the project and provide the basis for further inquiry.

Questions will primarily be multiple-choice with a few qualitative fill-in-the-blank questions at the end. Ideally the survey will not be longer than 15 questions.

2. SCOPE OF WORK
City of Richmond | Solid Waste Collection Franchise Agreement 3 It will be designed to be distributed digitally, in-person via a tablet or laptop computer, or via printed surveys. The different formats for distribution will help ensure the inclusion of groups that vary in age, access to technology and/or comfort with social media platforms.

The survey will be distributed at the various meetings, town hall gatherings, tabling and workshop activities we host and attend, and survey respondents will include City staff, business associations, community leaders, and civic organizations. The survey will be distributed with care to prevent entities outside of Richmond mistakenly participating, yet feedback from participants will be submitted anonymously to allow participants to speak freely. It will be required that attendees provide proof of residency or that their business is located within Richmond prior to being able to participate.

Present at Community Meetings
Envirolutions will host and/or attend 10 community meetings to further provide opportunities for community engagement. The meetings will be hosted by, or for, civic organizations, faith-based organizations, cultural affinity groups, unions, business groups and/or trade organizations. In addition to explaining the rationale behind the project, they will collect survey responses from participants and have time allocated for asking additional questions and addressing comments and concerns brought by attendees.

Answers will be collected, collated, and included in the final report. In order to provide maximum access, a portion of the community meetings will be held virtually and the rest will be held in-person. The community meetings will be held in multiple languages (English and Spanish) whenever possible.

Conduct Stakeholder Engagement Interviews
Envirolutions will seek to conduct up to 10 individual stakeholder engagement interviews to ensure we are including the perspective of the business community as well as other key stakeholders. Invitees for the interviews will include members of local business associations, property management organizations, homeowner associations, the Chamber of Commerce and other local trade organizations.

In addition to asking the multiple-choice questions included in the survey, Envirolutions will develop, in advance, a series of pre-approved open-ended questions to garner authentic and individual feedback. The interviews will be conducted either in-person or via video conference call. Interview responses will be kept anonymous upon request.

Answers will be analyzed, collated, and included in the final report.

Conduct Community Workshops
Envirolutions will convene three community workshops that will differ from our community meetings in length and content. The community workshops will occur later in the project and will be informed by the findings from the previous community engagement events.

2. SCOPE OF WORK
4 Rather than simply soliciting feedback, the Community Workshops will seek to engage civic organizations, faith-based organizations, cultural affinity groups, unions, business groups and trade organizations with the explicit goal of providing solution-oriented constructive feedback for City staff to incorporate into their future decision-making process how they proceed in the future. The community workshops will be longer in format (2-3 hours) and may include in-person translation services.

Envirolutions suggests the City consider providing light refreshments and food, and childcare, if possible, to ensure a greater cross-section of attendees can be present.

Neither R3 nor Envirolutions are positioned to provide those services via this proposal, so provision of light refreshments, food, and childcare is at the City’s discretion and cost. All community workshops will be held in-person.

Produce and Present Community Engagement Report to City staff At the summation of the project, Envirolutions will incorporate findings into a final report and deliver a presentation of this report at a City Council meeting around the end of April 2023. They will synthesize the data points to decipher trends and outcomes and then transform this data into easily digestible charts and graphs to help convey our findings clearly. They will present the data in a manner that is best utilized for City staff based on input at the early stages of the project. Images and testimonials from our community engagement activities will be included. And finally, based on their experience during the project, they will make various recommendations for next steps.

Task 4 Deliverables
— Conduct community survey.
— Design of multilingual community outreach and education materials (English and Spanish).
— Attendance at 10 community meetings.
— 10 stakeholder engagement interviews.
— Plan and organize 3 community workshops including setting-up translation services (for in-person meetings).
— Presentation of draft community engagement report to City staff. — Community engagement report including report of survey findings and most desired services.
5 - Financial Analysis
Via this task, R3 will research and assess current City collection rates and fees, potential renegotiation costs, and costs of developing a new solid waste collection franchise agreement. R3 will conduct a thorough financial analysis to better inform the City staff, City Council, and community members regarding the potential outcomes of both a renegotiation process and a competitive procurement process. This may include a financial analysis of the City’s other solid waste-related agreements.

Task 5 Deliverable
— Richmond solid waste financial analysis.

2. SCOPE OF WORK
City of Richmond | Solid Waste Collection Franchise Agreement 5 6 - Council, Staff, & Community Meetings
Working in partnership with City staff, and subject to the budgetary limitations in this proposal, R3 will attend meetings upon request, including but not limited to City Council meetings, Richmond Coordinating Council meetings, community meetings, and multiple internal meetings with City staff members. Such meetings will be in person when feasible, otherwise, meetings will be virtual. These meetings will be in addition to the meetings outlined in Task 4 and Task 8.

Task 6 Deliverable
— Preparation of meeting materials and presentation of information at meetings. 7 - Negotiation Meetings
As needed, R3 will attend negotiation meetings and support the City with potential rate adjustment negotiations with RSS in order to develop findings and recommendations with respect to renegotiating the agreement with RSS or proceeding to competitive procurement. R3 will attend negotiation meetings as necessary to negotiate and communicate with the City, RSS and other relevant stakeholders (such as RecycleMore), and to provide any necessary support to City staff during these negotiations.

This task assumes that City staff and R3 will have the authority to proceed with sole- source negotiations with RSS, which may require early Council direction to conduct such negotiations. It is generally desirable to conduct sole source negotiations prior to proceeding with a competitive RFP, and the timeline for this project allows for both.

Task 7 Deliverable
— City Council staff report and presentation regarding sole-source negotiation (dependent on gap analysis findings).
8 - Progress Update Presentations
R3 will provide and present updates to the City Council approximately every six months regarding progress and key decision points throughout the project. As needed, and subject to the budgetary limitations in this proposal, R3 will also be available to conduct progress update presentations to Neighborhood Councils, commissions, and boards.

Task 8 Deliverable
— Preparation of meeting materials and presentation of information at meetings.

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3. TIMELINE OF PROJECT
City of Richmond | Solid Waste Collection Franchise Agreement 7 Our tentative timeline and project schedule is both subject to revision, based on the timing of contract award, and negotiable, to best meet the City’s needs for this engagement. The timeline by task, below, includes anticipated time needed to provide draft deliverables, meetings with the City to review and discuss draft deliverables, revise the draft deliverables, and complete the finalization of deliverables.

Overall Timeline
The overall objective of this project is to facilitate a decision of the City Council regarding whether to continue its contracting relationship with Richmond Sanitary Service or proceed to competitively procure a new solid waste contract with an effective date of July 1, 2025.

In either case, a new or extended agreement for solid waste services should be executed 12 months prior to that date (i.e., July 1, 2024), in order to allow for smooth transition. To meet that milestone, the City Council should make a decision regarding whether to continue its contracting arrangement or conduct a competitive procurement no later than June 2023, which would provide one year for a competitive procurement effort, if desired by the Council. Our project timeline is geared to facilitate a City Council decision by that date. 1 Collection Agreement Analysis and Recommendations July 2022 - August 2022 2 Community Profile and Metrics July 2022 - September 2022 3 Solid Waste Collection Gap Analysis July 2022 - September 2022 4 Community Engagement July 2022 - March 2023*
5 Financial Analysis July 2022 - September 2022
6 Council, Staff and Community Meetings July 2022 - April 2023 7 Negotiation Meetings January 2023 - April 2023
8 Progress Update Presentations November 2022 - April 2023*

TASK TIMELINE
* see notes on following page

3. TIMELINE OF PROJECT

3. TIMELINE OF PROJECT
8 Timeline Notes
The schedule for Task 4, Community Engagement, is flexible and will be designed with the involvement of key City stakeholders. As such, it is premature to include a firm timeline for completion of that task at this time.

That being said, we understand from the City’s RFQ that it is desirable to conduct a workshop with relevant stakeholders as soon as possible – to that end, we recommend an initial stakeholder workshop shortly after contract execution, by September 2022.

The remainder of the community engagement task schedule will be informed by the community engagement design process and is anticipated to conclude in advance of the Task 8 City Council progress update presentation in April 2023.

With respect to Task 8, Progress Update Presentations, the City’s RFQ requested updates to the Council (and Neighborhood Councils, commissions, boards, and community organizations as requested) every six months during the project. With the anticipated contract award in July 2022, pursuant to the City’s RFQ, we suggest scheduling the progress updates for November 2022 and April 2023.

4. PROPOSED BUDGET & COSTS
City of Richmond | Solid Waste Collection Franchise Agreement 9 4. PROPOSED BUDGET & COSTS
Budget Narrative
R3’s proposed budget and costs for this project is shown in the Budget Table, on the following page. The budget spreadsheet indicates the cost of each of the eight (8) major elements identified in the scope of services and is inclusive of all direct and indirect project costs associated with this project, including the estimated hours by staff person and task.

As proposed, our not to exceed budget for this engagement is $136,735. Please note that this not-to-exceed budget, and that hours and costs by specific task may vary, with the exception of task 8, Community Engagement, which we would plan to expend in full. This not-to-exceed cost does not include development and execution or award of a new solid waste collection agreement - completion of a new agreement with RSS or completion of an RFP competitive procurement process is not included in this proposal. R3 will happily subject separate scopes of work, budgets and schedules to complete one or both of those efforts upon after contract award pursuant to the City’s RFQ.

As shown in the spreadsheet, our proposed budget includes the costs associated with facilitating effective community engagement activities, as described in the commitment letter from Envirolutions (see Appendix). That commitment letter also includes an estimated $800 in Envirolutions’ mileage costs and minor materials costs, as well as 360 hours of Envirolutions staff time to complete the task 8 activities. Additionally, we have included 50 hours of R3 staff time in the community engagement efforts, to ensure that other project tasks are well informed by the community engagement process (and vice versa). Our cost proposal includes a 10% markup on Envirolutions’ hourly billable rates for R3’s management and administration of the subcontract, invoicing, and payments to Envirolutions as our sub-contractor.

Please note that Tasks 6, 7 and 8 include meetings with Council, community members, staff, and the City’s solid waste contractor. R3 is flexible with respect to the number of such meetings that are attended upon request by the City – however, if additional meetings (above and beyond the allotted hours available for meetings in those tasks) are necessary, these additional meetings requested and agreed to by the City and R3 will be above the not-to-exceed budget at our hourly rates.

R3 will not costs or invoice the City in excess of the not-to-exceed amount proposed herein without prior approval of the City, and we will take care to communicate if and when the number of requested meetings starts to approach the hours and cost thresholds established in the spreadsheet, on the following page.

R3 is willing to negotiate revisions to our proposed hours, budget, and costs in order to best meet the needs of the City with appropriate revisions to the expected scope of work.

4. PROPOSED BUDGET & COSTS
10 Garth Schultz
Principal
Scott Hanin
Sr. Project Director
R3 Staff
Sr. Project Manager
R3 Staff
Project Manager
Juliana Gerber
Associate Director
Alejandra Warren
& Refugio
Sanchez
$ 285 $ 285 $ 220 $ 200 $ 121 121$
1 Collection Agreement Analysis and
Recommendations 5 5 30 0 0 0 40 -$ 9,450$ 2 Community Profile and Metrics 5 5 0 35 0 0 45 -$ 9,850$ 3 Solid Waste Collection Gap Analysis 5 5 25 5 0 0 40 -$ 9,350$ 4 Community Engagement 10 0 0 40 100 260 410 800$ 55,210$ 5 Financial Analysis 10 25 0 0 0 0 35 -$ 9,975$ 6 Council, Staff and Community Meetings 30 10 0 15 0 0 55 -$ 14,400$ 7 Negotiation Meetings 20 40 0 0 0 0 60 -$ 17,100$ 8 Progress Update Presentations 20 20 0 0 0 0 40 -$ 11,400$ 105 110 55 95 100 260 725 136,735$
TASKS

STAFF MEMBER & HOURLY RATE
TOTAL

HOURS EXPENSES TOTAL
COST
TOTALS
Budget Table

5. STAFFING
City of Richmond | Solid Waste Collection Franchise Agreement 9 5. STAFFING
Project Team
R3 and Envirolutions have complementary industry experience and expertise.

R3’s broad experience has allowed us to address a variety of issues that typically confront our municipal clients during the implementation of solid waste and recycling programs and facilities, including regulatory compliance, community outreach and public education, land-use planning and permitting, inter-jurisdictional coordination, planning requirements and diversion mandates, labor issues, and customer service and billing functions.

Both R3 and Envirolutions have profound knowledge of statewide solid waste and recycling issues, including infrastructure (and more specifically, a depth of expertise on Bay area facilities and issues), regulatory requirements, and available resources.

Together, this project team will exceed the City’s expectations for consulting services related to the City’s solid waste collection franchise.

Organizational Chart
Our proposed team will be led by R3 Principal, Garth Schultz. Garth will be supported by R3 Sr. Project Director, Scott Hanin, R3 Sr. Project Managers, Rose Radford and Carrie Baxter, R3 Project Manager, Claire Wilson, and Envirolutions team members, Juliana Gerber and Alejandra Warren.

PROJECT MANAGER
Garth Schultz
Principal

KEY TEAM MEMBERS
Scott Hanin
Sr. Project Director
Claire Wilson
Project Manager
Rose Radford
Sr. Project Manager
Carrie Baxter
Sr. Project Manager
Resumes
Resumes for each key team member can be found in the appendix.

SUBCONSULTANT
Alejandra Warren
Outreach Director
Juliana Gerber
Associate Director

ENVIROLUTIONS

5. STAFFING
10 Roles & Responsibilities
Name + Role Responsibilities
Garth Schultz
Overall Project
Manager
Garth will be the Project Manager and will be the primary point of contact. He will be responsible for overseeing the team – including sub-consultants – providing quality control and quality assurance on deliverables; managing project accounting, finances and invoices, and; ensuring cost-effective and quality assured project delivery on time and on budget. Garth will be the lead R3 figure in high profile community, staff, and Council meetings.

Scott Hanin
Lead Contract
Strategist and
Negotiator
Scott is a seasoned public agency professional and is particularly adept at facilitating inter-agency policy and contracting solutions thanks to his prior work as a City Manager of El Cerrito and Executive Director of the West Contra Costa Integrated Waste Management Authority. Scott will lead the project team’s efforts with respect to contracting strategy and negotiations.

Rose Radford
Contracting
Analyst
Rose has helped over a dozen agencies with their SB 1383 procurement requirement calculations and planning and is currently leading R3’s overall SB 1383 compliance projects for eight agencies in Marin County and all of San Benito County. For the City, Rose will provide contracting analysis to ensure that the City’s solid waste collection agreements are a best match to the City’s solid waste services and State compliance needs.

Carrie Baxter
Procurement
Analyst
Carrie is one of R3’s lead contracting procurement analysts, and has supported over a dozen cities in conducting competitive RFP processes for solid waste services agreements. For this engagement, Carrie will provide strategic support and analysis related to the City’s decision-making process for its next solid waste collection agreement.

Claire Wilson
Community and
Compliance
Analyst
Claire is a talented and passionate waste recovery and reduction consultant, with experience in many aspects of SB 1383
compliance planning and implementation. Claire will provide leadership and support with respect to the community and stakeholder engagement processes and will also provide support for the City’s compliance needs with the State.

Juliana Gerber
Envirolutions
Overall Project
Manager
Juliana will be responsible for day-to-day project management of the subconsultant team including communication and coordination of all activities to the project team, coordinating schedule, budget management, quality assurance, and report preparation.

Alejandra
Warren
Envirolutions
Outreach Lead
Alejandra will be the lead on community engagement and outreach for the project, responsible for the planning and coordination of community meetings, training, webinars and other forms of community engagement. She will also be involved in data collection and analysis and will assist with the final report preparation.

6. QUALIFICATIONS & REFERENCES
City of Richmond | Solid Waste Collection Franchise Agreement 11 6. QUALIFICATIONS & REFERENCES
Qualifications
Summary of Demonstrated Capability
For the past 20 years, R3’s project team has developed a unique level of relevant experience and knowledge of solid waste solutions that can help you deliver the programs and policies that your community needs. Our work, with a sampling shown below, covers everything from agreement negotiations to policy and ordinances development, legislative compliance, and education and outreach.

JURISDICTION

SERVICE(S) PROVIDED
Legislative Compliance
Record Keeping &
Reporting
Collection Agreement
Assistance
Ordinances & Policies
Edible Food Recovery
Education & Outreach
Procurement of
Recovered Organics
City of Brentwood     
City of Citrus Heights       
City of Concord       
City of El Cerrito     
City of Fairfield       
City of Folsom       
City of Hercules   
City of Los Altos       
City of Martinez       
City of Petaluma      
City of Rancho Cordova       
City of Richmond  
City of Riverside     
City of Rohnert Park    
City of San Pablo  
City of Santa Clara     
City of Santa Rosa      
City of Vallejo       
City of West Sacramento       
Kings Waste and Recycling Authority       
RecycleMore       
Sacramento County / SWA      
Town of Windsor       
Ventura County       

6. QUALIFICATIONS & REFERENCES
12 R3 References
City of Santa Clara | Franchise Agreement Negotiations & Rate Study R3 was engaged by the City to assist in the preparation and negotiation of the City’s exclusive Franchise Agreements (Agreements) with Recology South Bay (Recology) and Mission Trail Waste Systems (MTWS). R3’s work included development of a multi-year Rate Study to help the City establish and set customer rates for solid waste services provided under the New Agreements.

R3 worked with City staff throughout the negotiation process to ensure that the new Agreements achieve the City’s objectives, including compliance with applicable state legislation, and the City’s long-term financial and diversion goals. R3 also assisted with the procurement of a separate contract for waste processing services to meet SB 1383 requirements with GreenWaste Recovery. Negotiations resulted in three compliance options for Council consideration, at varying levels of rate-payer convenience and expense.

City Council selected the most convenient and most expensive option, with projected increases in rates of about 60% over three years. R3 completed a Rate Study for rates effective July 1, 2020, 2021, and 2022 to ensure ongoing funding of City’s entire solid waste program and new expenses related to SB 1383 compliance. Actual rate increases over the three-year period have been slightly lower than originally projected.

For this engagement, R3 completed the following three main tasks for the City:

1. Reviewed current Agreements with Recology and MTWS and prepared recommendations to be included in new exclusive Agreements that ensure flexibility and compliance with SB 1383. Both new Agreements were executed by the City.

2. Advised and assisted with contract negotiations with the City’s current haulers and with a separate waste processor, resulting in selection of a new waste processor.

3. Completed a detailed rate study analysis to help the City establish customer rates for services to be provided under new Agreements, achieving compliance with Prop 218 and SB 1383, and meeting cost-recovery for the City’s solid waste system.

Project Benefits
» Successful negotiations of three solid waste agreements that were executed by the City and are now in effect.
» Successful completion of a cost-of-service rate study which meets the annual solid waste system funding requirements, complies with Prop 218, addresses discounted rates for low-income residents, and funds the costs of SB 1383 compliance.

Client Contact Mr. Dave Staub, Deputy Director of Public Works 1700 Walsh Ave, Santa Clara, CA, 95050
408.615.3086 | [email protected]
Contract Amount $299,000
Project Dates November 2018 – March 2022
Team Members Garth Schultz, Claire Wilson

6. QUALIFICATIONS & REFERENCES
City of Richmond | Solid Waste Collection Franchise Agreement 13 City of Santa Clarita | Franchise Agreement Negotiations & Rate Review R3 was engaged by the City to provide an analysis of its exclusive Franchise Agreements (Agreements) for solid waste residential and commercial service with Waste Management (WM) and Burrtec Waste Industries Inc. (Burrtec), which are set to expire in 2023. R3 also prepared a comparative rate and services analysis of surrounding market conditions. One objective of this analysis was to determine the key negotiation points to consider during discussions with WM and Burrtec regarding contract terms, extensions, and/or amendments. Our team comprehensively reviewed the City’s existing Agreements, including amendments, and provided recommendations for contract enhancements that address the City’s goals and state legislative requirements including SB 1383, AB 1826, AB 939, and the China National Sword.

R3 is now also engaged by the City to conduct a competitive procurement RFP process, which is currently underway. R3 developed the RFP document and associated collection agreement and will be assisting the City with the next steps of proposal review and evaluation, interviews and negotiations, and ultimately recommendation of contract award.

R3 addressed the following in our review of the City’s existing Agreements:

1. Adequacy of City’s solid waste collection
programs and services.

2. Performance standards and operational
requirements.

3. Current and future compliance and
reporting requirements related to state
legislative mandates.

4. Addition of street-sweeping services.

5. Rate-setting methodology and
adjustments for changes in recyclable
markets and organics processing.

6. Establishment of realistic and verifiable
diversion requirements.

7. Outreach and education programs.

8. Customer service practices/
liquidated damages.

9. Disposal and processing facilities
available currently and long term.

10. Hauler reporting requirements.

11. Term and extension provisions.

12. Contamination and overage
protocols.

13. Vehicle and container replacement
practice.

Project Benefits
» Positioned City for better long-term solid waste contracts by providing recommendations for contract enhancements that address the City’s goals, state mandates, new technologies and trends, and cost impacts; and » Facilitated necessary compensation adjustments with Burrtec by providing neutral third-party review of Burrtec’s extraordinary rate adjustment request including underlying financial information.

Client Contact Mr. Curtis William, Administrative Assistant 23920 Valencia Boulevard, Santa Clarita, CA 91355
661.255.4308 | [email protected]
Contract Amount $204,409
Project Dates April 2021 – Current Ongoing Project
Team Members Garth Schultz, Carrie Baxter

6. QUALIFICATIONS & REFERENCES
14 Zero Waste Marin | Zero Waste Strategic Planning & Organizational Assessment
R3 was recently selected by Zero Waste Marin to conduct an Organizational Assessment of the JPA and provide recommendations on Best Management Practices and agency design that will improve the JPA’s ability to support Marin’s efforts to reduce waste going to landfill; as well as a zero waste feasibility study update that identifies five short-list strategies and a roadmap toward implementation of those strategies.

Project tasks included the following:

1. Researched, analyzed, developed findings, and prepared recommendations regarding the JPA’s Board of Director’s structure and composition, including potential alternatives to current practices.

2. Researched, analyzed, developed findings and prepare recommendations for future JPA staffing, that would be necessary to implement potential future alternative JPA structure and/or composition (such as contract staffing, support costs, expanded program costs, etc.).

3. Researched, analyzed, and developed findings regarding per capita (and/or per ratepayer) funding levels for other similar (and/or model) solid waste and recycling joint powers authorities, including descriptions of zero waste achievement and programs and services provided by the comparison agencies.

4. Conducted workshops with the Executive Committee and/or Board on best management practices in other zero waste communities and similar joint powers authorities.

5. Used our expertise to provide advice and recommendations on possible updates the 1996 Joint Powers Agreement.

6. Mapped out the next steps the JPA could take to effectively move towards its zero waste goals and objectives, and identified five short-list zero waste strategies for implementation based upon updated waste and diversion modeling, stakeholder input, and best practices in zero waste.

Project Benefits
» Enhanced organizational effectiveness; and
» Improved zero waste programs.

Client Contact Ms. Liz Lewis, Former Interim Executive Director 1600 Los Gamos Drive, Suite 210, San Rafael, CA 94903
415.473.7226 | [email protected]
Contract Amount $149,775
Project Dates March 2020 – December 2021
Team Members Garth Schultz, Scott Hanin, Rose Radford, Carrie Baxter, Claire Wilson

6. QUALIFICATIONS & REFERENCES
City of Richmond | Solid Waste Collection Franchise Agreement 15 RecycleMore | Planning Assistance for SB 1383 Organic Waste Reduction R3 recently led a team consisting of SCS Engineers, Abbe & Associates, and Cascadia Consulting Group to provide initial planning support for RecycleMore and its Member Agencies in implementing Senate Bill (SB) 1383.

Project tasks included the following:

1. Researched, analyzed, developed findings, and prepared recommendations regarding the JPA’s Board of Director’s structure and composition, including potential alternatives to current practices.

2. Analyzed current RecycleMore organics collection programs for all sectors, including processing, and determined adequacy to support compliance with SB 1383 requirements.

3. Provided an estimate of additional collection and/or processing capacity needed to achieve the SB 1383 requirements.

4. Analyzed existing RecycleMore program compliance requirements and new compliance requirements under SB 1383, consider the listed activities under all state mandates.

5. Provided recommendations for the most effective implementation of required activities, which include:
– Education and Outreach
– Inspection and Enforcement, including the assessment of penalties and contamination monitoring;
– Edible Food Recovery Programs
– Regulation of Self-Haul Sector
– Purchasing Policy Changes
– Municipal Code Updates
– Container Color and Labeling Requirements

6. Provide a recommendation and description for accurate record keeping and monitoring of recommended RecycleMore activities to determine their performance effectiveness and contribution to organics reduction.

Project Benefits
» Enhanced compliance with SB 1383; and
» Improved coordination on legislative compliance between RecycleMore and its Member Agencies.

Client Contact Mr. Peter Holtzclaw, Executive Director 3220 Blume Dr Suite 198, Richmond, CA 94806
510.215.3127 | [email protected]
Contract Amount $63,170
Project Dates April 2020 – Current Ongoing Project
Team Members Garth Schultz, Rose Radford, Claire Wilson

6. QUALIFICATIONS & REFERENCES
16 Envirolutions References
City of Alameda | Zero Waste Technical Assistance
Envirolutions is serving as a subcontractor to SCS Engineers on a contract to provide commercial and multifamily technical assistance to business and multifamily sites in the city of Alameda. The scope of the work includes visual waste audits, service level recommendations, technical assistance to property management to improve recycling participation and the rolling out of new recycling and organics collection services.

Envirolutions works hand-in-hand with the waste hauler Alameda County Industries (ACI) to provide seamless assistance, which includes, but is not limited to making recommendations for effective sorting systems within the facilities’ operations, helping to facilitate service level changes, and distributing outreach materials.

Client Contact Mr. Marc Green, Program Specialist II
950 W. Mall Square Alameda, CA 94501
510.298.2984 | [email protected]
Contract Amount $26,000, Annually, Allocated to Envirolutions Project Dates August 2018 – Current Ongoing Project
Team Members Juliana Gerber
San Mateo County | Bilingual Sustainability Workshops
Envirolutions staff Alejandra Warren co-developed and presented bilingual and culturally appropriate virtual workshops focused on sustainability issues such as composting, vermicomposting, gardening, and recycling for the San Mateo County Office of Sustainability. She provided translation and interpretation services for curriculum and outreach materials, led trainings on sustainability topics entirely in Spanish, and facilitated bilingual breakout groups which enriched the workshops she led with equity, inclusion and increased community participation.

Additionally, Alejandra was a guest lecturer for the Office of Sustainability’s Master of Resource Conservation Course, which is a 8-week long course offered to residents and businesses based in San Mateo County that covered multiple areas of sustainability including energy and water efficiency, waste management and recycling, food and food distribution systems, transportation alternatives, and open space management.

Client Contact Ms. Avana Andrade, Sustainability Specialist 455 County Center 4th Floor, Redwood City, CA 94063
970.566.1464 | [email protected]
Contract Amount $15,000-$19,000, Annually, Allocated to Envirolutions Project Dates 2019 – 2021
Team Members Alejandra Warren

7. VALUE-ADDED SERVICES
City of Richmond | Solid Waste Collection Franchise Agreement 17 7. VALUE-ADDED SERVICES
R3 Value-Adds
Our team has been engaged to provide various services for the City and look forward to continuing our excellent work history with the City. R3 delivers expert industry analysis and recommendations to our clients, who always receive:
» Unbiased, conflict-free project management and objective, fair treatment:
— We have no entanglements with local districts, no hidden agendas, and no pre-ordained vendors. This translates to a high repeat customer rate and solid, respectful relationships with jurisdictions and haulers. — Extensive experience managing projects with multiple stakeholders, which includes planning realistic goals, schedules, and budgets, effectively communicating with all key players, working collaboratively to achieve objectives and stay responsive, and streamlining processes. » Data-driven, money-saving solutions and clear deliverables:
— Best-approach, honest recommendations to the City’s contractual needs, derived from decades of solid waste consulting experience and analysis of client data.
— Focus on improving safety and customer service, increasing productivity, and reducing costs.
— Fair, affordable rates and clearly-defined deliverables – no overages. » Comprehensive, up-to-the-minute understanding of industry regulations:
— Principals and key staff have superior knowledge base from over decades of hands-on industry and legislative compliance experience. » Reliable Team Support:
— We will be an extension of the City’s team, working side-by-side to advise and guide, keep all stakeholders up-to-date, and move the project smoothly forward.

Envirolutions Value-Adds
» Native Spanish speaker Outreach Director, Alejandra Warren, brings a specialized focus on the cultural, socio-economic aspects of waste management and the importance of directly addressing the necessity for multi-focused solid waste service programs;
» Envirolutions is a woman-owned, locally-operated, small business; » Established experience working in and with culturally diverse communities throughout the Bay Area.

In an effort to reduce paper usage, this page has been
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If printing, please consider using 100% recycled paper.

9. EXCEPTIONS TO THIS RFQ10. STATEMENT OF IMPARTIALITY & DISCLOSURE

8. CONTRACTOR ASSIGNMENT

OF SUB-CONTRACT
City of Richmond | Solid Waste Collection Franchise Agreement 19 8. CONTRACTOR ASSIGNMENT OF SUB-CONTRACT
R3 ensures that the resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. We intend to subcontract a portion of the resulting contract to Envirolutions. R3 and Envirolutions have complementary industry experience and expertise. Both R3 and Envirolutions have profound knowledge of statewide solid waste and recycling issues, including infrastructure, regulatory requirements, and available resources.

The quality control measures R3 will employ to ensure that Envirolutions complies with the provisions of our potential contract with the City include:
• Developing a project matrix to track and manage project progress, including tasks and subtasks, the assigned primary staff, and supporting Quality Assurance/ Quality Control (QA/QC) staff.
• Maintaining work papers that catalog supporting documentation for all analysis, “ticked and tied” to the project findings, as appropriate. • Assigning senior R3 staff to be responsible for providing critical review and final quality assurance of all project deliverables.
• Including unlimited virtual meetings to clarify and develop a strong understanding of the information we receive from our clients.
• Building opportunities for client feedback throughout our work scope, scheduling regular conference calls with client project staff to strategize, discuss project progress, and proactively resolve any issues that may arise.

R3 takes no exception(s) to this RFQ, including but not limited to the City of Richmond’s Standard Services Agreement.

9. EXCEPTIONS TO THIS RFQ

10. IMPARTIALITY & DISCLOSURE
Confirmation
Neither R3 nor Envirolutions staff are currently participating and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with the City’s interests.

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left blank for double-sided printing purposes.

If printing, please consider using 100% recycled paper.

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement per RFQ, not included in page count

APPENDIX
Table of Contents
Resumes of Project Team
Sanctuary City Compliance Statement
Sub-Consultant Letter of Commitment
R3 Team, 2021 Holiday Gathering

APPENDIX
per RFQ, not included in page count
Garth Schultz
Principal
About
Garth Schultz brings 18 years of solid waste management experience in both the private and public sectors. His areas of expertise include managing or assisting with sole source and competitive procurement of collection, materials processing, and transfer and landfill services.

Garth has participated in crafting Request for Proposal (RFP) documents and detailed Agreements that incorporate state legislative requirements, performance incentives, and rate-adjustment guidelines involving various profit bases. He has also evaluated proposals, prepared and presented award recommendations, and assisted with contract negotiations.

Other areas of solid waste industry experience include: developing strategic Zero Waste and high-diversion plans; modeling, reviewing, and restructuring rates; reviewing hauler operations and performance; reviewing solid waste programs and providing recommendations for improvement; and engaging stakeholders and communities through workshops and outreach planning.

Education
» Master of Public Administration and Public Policy Development, Cal State East Bay » Bachelor of Science in Environmental Science and Minor in Public Policy, University of California, Berkeley » Illegal Dumping Grant and Litter Fee Study | City of Richmond Principal, led prior engagements working with the City, including pro bono work that resulted in award of a $500,000 competitive CalRecycle Grant to combat illegal dumping in the City and the development of a Litter Fee Study that resulted in the City adopting new franchise fee funding. Together, these efforts provided millions of dollars of City revenues for important programs and services benefiting the Richmond community. » Franchise Extension Negotiations | City of Healdsburg Principal, recently led the negotiation process to extend, amend, and restate the City’s franchise agreement with their service provider (Recology Sonoma Marin). Garth and other members of the R3 team identified, redrafted, and negotiated agreement terms and conditions that required updating, while also reviewing and negotiating around several iterations of financial proposals from Recology.
» Procurement and Negotiation Assistance | City of Santa Clara Principal, recently led negotiations for the City of Santa Clara for the City’s future exclusive Agreements with Recology South Bay (Recology) and Mission Trail Waste Systems, including a rate study to help the City establish customer rates for services to be provided under the new Agreements. The new Agreements are designed to achieve the City’s objectives, including compliance with applicable state legislation, and the City’s long-term financial and diversion goals. » Procurement and Negotiation Assistance | Cities of: Piedmont, Half Moon Bay, Santa Rosa, Los Altos Principal, managed R3’s work with the City of Piedmont to pursue a negotiated franchise extension with the City’s franchised hauler, and previously assisted with the procurement processes for the cities of Half Moon Bay and Santa Rosa. » Procurement and Negotiation Assistance | RecycleMore and the Cities of Milpitas, Petaluma, Santa Rosa Principal, played a key support role in evaluating post-collection services alternatives for RecycleMore member agencies (Contra Costa County and the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo). He also led transition assistance for the City of Milpitas when they switched to a new franchised hauler for solid waste collection. On behalf of the City of Petaluma, he assisted in R3’s extensive review of the proposed assignment of multiple collection, processing, transfer, and other contracts from The Ratto Group (TRG) to Recology Sonoma Marin (Recology) for jurisdictions throughout the counties of Marin and Sonoma.
» High Diversion Implementation Plan | City of Los Altos Principal, recently led the development of the City’s High Diversion Implementation Plan, assisting in developing recommendations for the City’s hauler to meet its 78% diversion requirement and AB 1826 legislative requirements, such as advocating mixed-waste processing to remove organics and recyclables from commercial and multi-family waste streams.

He has assisted numerous cities in other similar projects, updating Municipal Codes to incorporate current state regulatory requirements for clients.
» Environmental Services Management | City of El Cerrito* Lead Negotiator, from 2006 to 2014, Garth worked for the City of El Cerrito in all aspects of solid waste management and recycling. During his tenure with the City, Garth worked collaboratively with City of Richmond staff on a variety of matters, including collaboration on RecycleMore’s post-collection agreement with Republic Services, supporting the development and initiation of green waste composting at the closed West Contra Costa County Landfill.

Relevant Experience
Resumes of Project Team

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement per RFQ, not included in page count
Scott Hanin
Sr. Project Director
About
Scott Hanin has more than 30 years of solid waste experience, including serving as the Executive Director of the West Contra Costa Integrated Waste Management Authority (WCCIWMA). Scott was also City Manager for the City of El Cerrito for 17 years, a member agency of the WCCIWMA. Scott oversaw all aspects of city government including budget development, strategic planning, community engagement, organizational development and restructuring, capital projects, legislative compliance, and oversight of all department heads.

He conducted multiple operational reviews of the City’s solid waste and recycling operations, which led to numerous changes in program operations including the design and construction of the City’s award-winning drop-off center. Throughout his career Scott has worked with dozens of local governments on the review and development of modern solid waste agreements.

Now in his work with R3, Scott is currently assisting Zero Waste Marin in an organizational review of the agency. He recently managed a debt financing study as a subcontractor to R3 for Zero Waste Sonoma. Prior to moving to California, Scott oversaw performance and evaluations of the operations of the New York City Department of Sanitation in his role in the Mayor’s Office of Operations.

Education
» Master of Public Administration, New York University
» Bachelor of Arts in Political Science, University of Delaware » Executive Certification in Public Administration, UC Berkeley » Review of Franchise Assignment | City of Milpitas
Project Director, performed a detailed review of the qualifications of Waste Connections as it relates to a potential assignment of the franchise agreement from Milpitas Sanitation. » Review of Organizational Structure | Zero Waste Marin Project Director, performed an analysis of the organizational structure of the JPA and provided recommendations for improvements to staffing model through changes in governance, wages and benefits. Compared responsibilities and services with that of similar JPAs. Wrote report of findings and presented recommendations to staff and Board Members. » Development of Debt Service Strategy | Zero Waste Sonoma Project Director, developed a financial plan and strategy to help the JPA evaluate debt service alternatives for the development and acquisition of land for new facilities. This included a schedule as well as rate impacts including drafting of the staff reports for the Board.
» Assistance with Disposal Agreement Negotiations | City of Los Altos Project Support, currently working with the City to negotiate a new disposal agreement with Republic Industries in an effort to ensure disposal capacity, increased diversion and rate stability. » Prop 218 Detailed Rate Review of Recology’s Rates | Zero Waste Sonoma Project Manager, currently leading the effort to evaluate the financial impact of adding collection service to current accounts that self-haul their waste because of legislation requiring mandatory service for all properties. Also, managing a detailed rate review of the County areas, including the impact of additional programs related to SB 1383. Scott is also leading the overall project efforts to meet Zero Waste Sonoma’s expectations of mandatory subscription to organics and solid waste collection service per SB 1383.
» Negotiation Assistance | City of Westlake Village
Project Support, currently working with the City to assist in negotiation of a new collection agreement and developing support for city fees that will comply with Proposition 218. He is conducting an analysis of the City’s solid waste collection system in relation to Waste Management’s requested term extension for meeting regulatory requirements. » Assistance with Agreement Assignment | Novato Sanitary District Project Support, currently working with the District to evaluate the possible assignment of the current collection franchise from the sanitary district to the City. Coordinating the assignment with all of the stakeholders including the Sanitary District, City, LAFCO and the hauler. The franchise agreement between Novato Sanitary District and Recology covers both the entirety of the City of Novato, and some parts of Unincorporated Marin County. The agreement was executed in May 2011, and was set to expire on December 31, 2025; however, the assignment provision of the Collections Agreement triggered at the time of Recology’s assignment of the agreement and will now expire on the date of the assignment in 2024.

Relevant Experience

APPENDIX
per RFQ, not included in page count
Rose Radford
Sr. Project Manager
About
Rose Radford has accumulated valuable experience in environmental consulting, research, policy, and data analysis. With her strong background in research and technical writing, Rose has provided valuable support for procurement of solid waste collection services by writing high-diversion collection service and processing/disposal agreements, conducting extensive surveys, and coordinating clear communications between clients and proposers.

Her other areas of expertise include: solid waste management planning and program development; operations, programs, and facility reviews; Municipal Code analysis and revision; researching and compiling data; operational and performance reviews of haulers; field studies and survey coordination; and financial planning, including rate modeling, rate studies and rate reviews.

Education
» Master of Public Administration in Environmental Science and Policy; Columbia University » Bachelor of Science in Conservation and Resource Studies; University of California, Berkeley » Construction and Demolition Facility Evaluator; Recycling Certification Institute Relevant Experience
» Conditional Use Permit (CUP) 5-Year Review | City of Richmond Project Manager, engaged to conduct the City’s 5-Year Review of Republic Services’ CUP for the West Contra Costa Sanitary Landfill Bulk Materials Processing Center (inclusive of Golden Bear Transfer Station and associated solid waste facilities). Rose led the evaluation and verification of Republic’s compliance with the CUP performance requirements during the period. She then assisted the City in drafting and negotiating changes to the CUP and a staff report to the Planning Commission, which included the recommendation to conduct ongoing monitoring for the period of one additional year.

The additional year of monitoring is complete and Republic was found to be substantially in compliance with the City’s requirements. Rose is currently engaged by the City to conduct ongoing monitoring of Republic’s compliance. » Planning Assistance in Response to SB 1383 Organic Waste Reduction Mandates | RecycleMore Project Manager, evaluated the JPA and its Member Agencies’ preparedness for SB 1383 by engaging with JPA and Member Agency staff as well as hauler representatives, providing specific guidance on areas of particular concern, recommending responsible entities for each requirement, and assisting in the first stages of implementation. Currently, Rose is reviewing draft municipal code updates to be provided by RecycleMore to Member Agencies for their consideration. » Negotiation and Procurement Assistance | Town of Atherton Project Analyst, currently providing procurement assistance services for the Town of Atherton (Town), evaluating and determining their best option for solid waste collection, recycling, processing, and disposal services. The Town currently has a Franchise Agreement with their hauler that expires in December 2020. R3 is assisting with identifying and documenting known current services and costs for those services provided to the Town by Recology and SBWMA and evaluating the Town’s options for securing a different service provider for collection services only, and for collections, recycling, processing and disposal services together.
» Contract Extension Negotiations | City of Los Altos
Project Manager, recently assisted Garth Schultz in contract extension negotiations with the franchised hauler on behalf of the City of Los Altos (City). Rose completed the City’s SB 1383 readiness analysis, identifying key contract terms to include in the extension negotiations, drafted the proposed contract language, and negotiated key outcomes identified by the City as priorities. The extension negotiations resulted in a franchise agreement that was SB 1383-ready, including universal roll-out of organics service to all businesses in the City, and a 20% reduction in the rate increase originally proposed by the hauler. » Solid Waste Hauler Procurement | City of Piedmont
Project Manager, she was instrumental in each step of the City of Piedmont’s recent procurement assistance project for solid waste collection services, participating in community engagement processes, incorporating requests from City Council, and writing both the RFP and the base contract used in the procurement. » Organics Processing Procurement Assistance | Zero Waste Sonoma (formerly Sonoma County Waste Management) Project Manager, assisted incorporated key recommendations and findings about organics material processing in the County of Sonoma to compile a Request for Information, which was followed by a full procurement process for Zero Waste Sonoma. As part of this process, she drafted and revised the RFP document and its attachments, participated in facilitating community workshops, and drafted the two high-diversion and high-performance base contracts for use by the Agency and its selected contractors. She assisted in the technical evaluation of the submitted proposals, including an evaluation of the proposed site location, capacity, pricing, and other issues of concern to the agency.

Carrie Baxter
Sr. Project Manager
About
Carrie Baxter has over a decade of experience in solid waste consulting, in a broad range of operational, planning, and financial projects. She specializes in providing legislative compliance assistance to local jurisdictions for implementing or expanding programs related to organic material collection, tracking, and infrastructure development, as well as assisting in negotiating improvements and best practices into municipal codes and collection agreements.

Carrie also has significant experience with competitive procurement projects for solid waste management services, including providing financial analysis services, such as studying rates and how to incentivize diversion, and engaging the community and stakeholders. In addition, Carrie routinely supports operations and performance reviews, evaluating billing and reporting systems and conducting on-site route audits, conducting comprehensive benchmarking and rate surveys, and creating disaster debris management plans for various cities in California.

Education & Achievements
» Bachelor of Science in Organization, Leadership & Management: University of San Francisco » Ms. Baxter authored an article in the March/April 2019 BioCycle Magazine » Presented at the 2019 BioCycle West Coast Conference; the 2019 CRRA Conference on Rate Setting for Organics Diversion; and the 2018 CRRA Conference on Disaster Planning

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement per RFQ, not included in page count
Relevant Experience
» Procurement and Negotiation Assistance | Cities of: El Cajon, Banning, Eastvale, San Juan Capistrano, Fairfield, Santa Clara, Santa Clarita, Irwindale, and Vallejo, and CalPoly Pomona Project Manager, Carrie used her particular expertise in reviewing Agreements and recommending updates and revisions to contract language to incorporate legislative requirements and improve the efficiency, safety, and overall cost-effectiveness of existing operations.
» Procurement and Negotiation Assistance | County of Nevada Lead Analyst, served as the Lead Analyst for the negotiation of the County’s collection and transfer operation services.

Through this process, she analyzed Waste Management’s current diversion, compared customer rates and services to jurisdictions in the surrounding region, and analyzed the cost of needed renovations and improvements. » Procurement and Negotiation Assistance | City of Rolling Hills Estates Lead Analyst, recently assisted in the negotiations with the City of Rolling Hills Estates and their hauler, designing the new Agreement to assist the City in complying with state legislation and improve Waste Management’s public education and reporting, while maintaining current service levels. » Procurement and Negotiation Assistance | City of Half Moon Bay Lead Analyst, through the recent procurement process for solid waste collection services with the City, Ms. Baxter assisted in evaluating proposals, conducted site visits of the proposed facilities, assisted with negotiations, and prepared a final staff report to present the results and recommendations to City Council. As a result of negotiations, Ms. Baxter identified capital needs and operational efficiencies to help reduce operational costs, implemented new diversion programs (green and curbside recycling, residential and commercial food scrap collection), and increased diversion requirements due to analysis of surrounding jurisdictions. » Procurement and Negotiation Assistance | Zero Waste Sonoma Lead Analyst, assisted Zero Waste Sonoma in obtaining two short-term processing facility Agreements, and is currently providing on-call assistance in the finalization of one long-term processing facility Agreement to provide for organics processing capacity throughout the Sonoma County region. She also recently participated in the negotiation assistance for the nearby cities of Shafter and Rohnert Park and the Town of Windsor. » Solid Waste Franchise Review | Recology Sonoma Marin
Lead Analyst, reviewed the proposed assignment of solid waste franchise and other Agreements held by The Ratto Group (TRG) to Recology Sonoma Marin (Recology) for the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma County, Marin County, Novato Sanitary District, and Zero Waste Sonoma (Agencies). Specifically, she led the review of services and other requirements in the Agreements to assist the agencies in determining Recology’s operational and financial ability to perform the activities covered under the Agreements. She presented the findings in a final report to the affected Agencies and at several City Council meetings.

APPENDIX
per RFQ, not included in page count
Claire Wilson
Project Manager
About
Claire Wilson combines her background in environmental science and ecology with her experience in research and data analysis to work with local governments in reducing and better managing their waste streams. She has a strong background in legislative compliance and community outreach and education, and her expertise is centered around policy development, state law compliance, and solid waste agreement negotiations. She is experienced in Zero Waste and high diversion planning and implementation, specializes in community and stakeholder engagement strategies, and has worked with jurisdictions to develop innovative methodologies to approach Zero Waste and comply with State legislation, including AB 341, 1828, and SB 1383. To date, Claire has helped 75+ clients manage their hauler contracts, achieve compliance with State and local legislation, and implement new and exciting policies and programs around reuse, foodware, edible food recovery, and zero waste. She has also drafted municipal ordinances to update and clearly define diversion goals, state requirements, as well as codify such requirements in solid waste franchise agreements.

Education
» Bachelor of Science in Environmental Studies - University of California, Santa Barbara » Zero Waste Community Associate Certification - Zero Waste USA » 2019 Young Professionals Scholarship Recipient - California Resource Recovery Association Relevant Experience
» Legislative Compliance Assistance | RecycleMore (West Contra Costa Integrated Waste Management Authority) Project Support, authored the Inspection and Enforcement analysis for RecycleMore as a part of our SB 1383 planning effort, and attended meetings with agency staff to identify implementation steps for SB 1383 compliance. She conducted outreach and community engagement by notifying covered and non-compliant customers under AB 1826 and AB 341. She contacted over 200 customers and conducted site visits to educate business owners and determine their next steps. » Planning Assistance in Response to SB 1383 Organic Waste Reduction Mandates | RecycleMore Project Analyst, provided initial planning support for RecycleMore in implementing SB 1383. She analyzed current organics collection programs for all sectors, including processing, and determined adequacy to support compliance with SB 1383 and provided an estimate of additional collection and/or processing capacity needed. Additionally, she analyzed existing program compliance and new compliance requirements and provided recommendations for the most effective implementation. » Solid Waste Collection & Street Sweeping Procurement Services | City of Thousand Oaks Lead Analyst, currently serving as the Lead Analyst with the City in drafting the City’s new collection services agreement, and was a member of the selection team in the RFP process. She assisted in evaluating proposals and scoring, and finalizing the City’s franchise agreement.
» Solid Waste Organic Program Review | City of Riverside Project Analyst, recommended modifications and updates to the City’s existing program in support of state requirements for recycling and organics diversion, such as AB 341, AB 1826, SB 1383 and AB 1594. Also developed AB 1826 compliance plan for submission to CalRecycle.
» SB 1383 Compliance Plan | City of Vallejo
Project Analyst, developed a corrective action plan to achieve AB 1826 compliance, including exemption forms, compliance letters, tracking sheets, and scripts; and a clear action plan that identified responsible entities and actions to be taken, and Municipal Code updates for mandatory organics collection. » SB 1383 Organics Waste Reduction and Recycling Program | Ventura County Lead Analyst, currently evaluating the County’s franchise agreements, determining compliance with State Laws including SB 1383, analyzing and making recommendations around the Compost Materials Handling Facility Agreement, revising and drafting a compliant SB 1383 solid waste ordinance and construction and demolition ordinance, facilitating stakeholder engagement to inform future decisions around solid waste collection in the County. » SB 1383 (Organics) Rate Survey | CalRecycle (Department of Resources Recycling and Recovery) Project Analyst, provided research assistance on SB 1383 implementation, including compilation of data on rate structures, infrastructure development, and compost facility capacity for jurisdictions/haulers throughout California. » Food Recovery Program Strategic Plan | Alameda County Community Food Bank Project Analyst, developed a strategic plan for increasing food recovery and distribution efficiencies as well as funding strategies to meet the requirements of SB 1383. Identified food generators and modeled the amount of food that must be recovered to meet the State’s goal.

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement per RFQ, not included in page count
Juliana Gerber is an environmental consultant with
7 years of direct experience in planning and
implementing recycling and zero waste projects. Her
expertise includes working on projects in the public and private sectors, and with agencies such as the cities of Piedmont, Alameda, Sausalito, as well as Zero Waste
Marin, StopWaste and RecycleSmart. Her work on these
projects primarily included project management for
accessible outreach and education programs,
conducting surveys, performing waste audits, and
providing technical assistance to property managers in
the commercial and multifamily sectors to assist with AB 341, AB 1826, and SB 1383 compliance as well as any
local ordinances. A focus on building outreach that is
accessible to all stakeholders is a priority.

Juliana was promoted to serve as the Associate Director of the Bay Area Woman-Owned firm, Envirolutions, LLC in
2021 after 6 years working with the firm. Envirolutions
specializes in designing and implementing zero waste,
recycling and sustainability projects, assisting
restaurants, hotels, multi-tenant commercial complexes
and multifamily dwellings in implementing effective
waste diversion programs. This has included conducting
waste audits, hosting staff and management training,
and recommending service level changes.

Juliana also currently serves as the Financial
Coordinator for the Berkeley-based non-profit Northern
California Recycling Association (NCRA). Juliana started her environmental career in 2005 at Edgar & Associates
in Sacramento, a regulatory environmental compliance
engineering firm, where she managed day-to-day
operations of the business, as well as studied legislation, edited various studies and permitting plans, and
performed all executive assistant duties for the firm.

APPENDIX
per RFQ, not included in page count
Alejandr
Warre
is a sustainability consultant
and intersectional environmentalist working on
diverse Zero Waste, resource conservation and
environmental justice projects across the Bay Area.

She co-led efforts to pass the first single-use plastic
ban in San Mateo County in 2018 and co-founded
Plastic Free Future in 2020 a California non-profit
organization dedicated to the reduction and
elimination of plastic pollution through promoting
reusable alternatives and focusing on education to
underserved communities. Alejandra currently
works on multilingual outreach and technical
assistance to businesses adopting new foodware
ordinances and compliance with SB1383.

As Outreach Director with Envirolutions Consulting
she has managed and supported projects for
Salesforce, San Francisco Environment, the Sausalito
Sustainability Commission, the Office of
Sustainability of San Mateo County and more.

Through her work with Plastic Free Future, Alejandra
develops and implements innovative, culturally
appropriate programs, webinars and tabling events
to reach out to unattended communities. Alejandra
proudly taps into her Indigenous/Latinx roots to
enrich her work and interactions with people and
nature.

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement per RFQ, not included in page count

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of R3 Consulting Group Inc. (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2 day of March, 2022 , at Albany, California.

Printed Name: Garth Schultz Title: President

Signed: Date: March 2, 2022

Business Entity: R3 Consulting Group Inc., a California S Corporation

Vendor SCCO Compliance Statement (Augt2020)
Sanctuary City Compliance Statement

APPENDIX
City of Richmond | Solid Waste Collection Franchise Agreement 11 R3 Consulting Group
1512 Eureka Rd STE 220
Roseville, CA 95661

RE: Subconsultant Letter of Commitment
Dear Ms Peggy Paulsen:

This letter serves as a commitment for services and budget quote for subcontracting services related to the proposal, CONSULTING SERVICES RELATED TO THE CITY OF RICHMOND’S SOLID WASTE COLLECTION FRANCHISE AGREEMENT. Costs include Envirolutions time and services to perform the following:

Task Task Description Budget

1: Project
Design
* Involve City management, business associations, community leaders, and civic organizations for their assistance in designing an inclusive process for community engagement * Inform key stakeholders of the process and integrate their feedback into project design * Design survey questions and the process for data collection and analysis * Determine indicators for program success
* Secure any necessary equipment and/or printed materials

$ 6,600

2: Community
Engagement
* Execute an innovative, and accessible multilingual community engagement process including stakeholders such as community organizations, civic groups, neighborhood councils, low-income housing service providers and faith leaders
* Conduct surveys through community meetings, town hall gatherings, tabling, workshops, webinars, and other methods of outreach

$ 15,400
3: Engage
Business and
Property
Management
Associations
* Include the perspective of the business community by reaching out to local businesses associations, property management associations, Homeowners Associations (HOAs), the Chamber of Commerce and other local trade organizations
* These groups will similarly be engaged through conducting surveys during meetings, webinars, workshops and other methods of outreach

$ 9,900
4: Data
Compilation
* Synthesizing data to decipher trends and outcomes once all surveying and data collection has been completed
* Transform data into graphs and slides that can be shared with project funders to present results

$ 4,400
5: Reporting * Incorporate results into the final report for the project $ 3,300 6: Materials
and travel * Placeholder budget for any printed materials needed and for mileage to and from outreach events $ 800 Total Estimated Budget $ 40,400

By submission of this commitment letter, Envirolutions certifies that the information submitted within the application is true, complete and accurate to the best of our knowledge. If you have any questions, please contact the undersigned.

Regards,

Juliana Gerber 6/13/2022
Associate Director, Envirolutions LLC
[email protected] l (916) 519-9212
Sub-Consultant Letter of Commitment

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

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

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

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

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

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

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

REQUEST FOR QUALIFICATIONS FOR CONSULTING SERVICES RELATED TO THE CITY OF RICHMOND’S SOLID WASTE COLLECTION FRANCHISE

AGREEMENT

For the:

City of Richmond, City Manager’s Office, Economic Development

Release Date:
01/28/2022

Closing Date and Time:
03/2/2022 by 3:00 pm

Submittal Location:

Bids Online- Electronic Proposals Only
Via the City’s Secured Online Bidding System

Contact:

Samantha Carr
City Manager’s Office, Economic Development
Email: [email protected]
Phone: (510) 620-5407
www.ci.richmond.ca.us

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Contents
Introduction ................................................................................................................... 3 About the City ................................................................................................................ 3 Scope of Services ......................................................................................................... 4 Qualifications/Experience ............................................................................................ 5 Proposal Format Guidelines ........................................................................................ 5 Background and Project Summary Section ................................ ................................ ....... 6 Timeline of Project ................................ ................................ ................................ ............... 6 Proposed Budget & Costs ................................ ................................ ................................ ... 6 Staffing ................................ ................................ ................................ ................................ .. 7 Qualifications and References ................................ ................................ ............................ 7 Value-Added Services ................................ ................................ ................................ .......... 7 Contractor Assignment of Sub-Contract ................................ ................................ ............ 7 Exceptions to this Request for Proposal ................................ ................................ ............ 7 Statement of Impartiality and Disclosure ................................ ................................ ............ 8 Proposal Submittal Guidelines .................................................................................... 8 Submission of Qualifications ................................ ................................ .............................. 8 Tentative Selection and Schedule: ................................ ................................ ...................... 9 General Guidelines ........................................................................................................ 9 Public Records ................................ ................................ ................................ ..................... 9 Insurance Requirements ................................ ................................ ................................ ...... 9 Permits and Licenses ................................ ................................ ................................ ..........10 Limited Liability Companies Disclosure Statement (LLCS) ................................ ..............10 Compliance with City Ordinances ................................ ................................ ......................10 Sanctuary City Contracting Ordinance (SCCO) ................................ ................................ .10 Collusion ................................ ................................ ................................ .............................. 10 Withdrawal of Proposal ................................ ................................ ................................ .......10 Ownership of Documents ................................ ................................ ................................ ...10 Rejections ................................ ................................ ................................ ............................11 Evaluation and Selection Criteria .............................................................................. 11 Pre-Award Negotiations ................................ ................................ ................................ ......13 Award ................................ ................................ ................................ ................................ ...13 Attachments ................................................................................................................ 13

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Introduction
The City of Richmond is requesting qualifications from qualified firms to provide professional services to analyze the City’s current solid waste collection franchise agreement and advise a course of action. The City of Richmond (the City) entered into an exclusive franchise agreement with Richmond Sanitary Service, a subsidiary of Republic Services, in 1985 for the collection of solid waste, recycling, and organic waste generated within the City. The Agreement expires June 30, 2025, at which time the contract must be renegotiated or terminated. If the City were to choose not to renegotiate, it would need to complete a competitive solicitation process for a solid waste hauler promptly to allow adequate time to conduct the procurement process.

The City’s original solid waste collection franchise agreement and amendments can be found on the City’s website. The City of Richmond, City Manager’s Office, Economic Development division will manage and support the selected consultant(s).

This Request for Qualifications (RFQ) describes the scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information per the RFQ requirements and procedures may be cause for disqualification. The words “organization”, “consultant”, “offeror”, “respondent”, “vendor” and “proposer” are used interchangeably throughout this Request for Qualifications (RFQ) to refer to the organization, firm, institution, team, or partnership that would act as the City’s consultant. The anticipated term of this contract will be for at least two (2) years, with an option to extend.

Vendors are required to read and understand all information contained within this entire Qualifications package. By responding to this RFQ, the vendor agrees to read and understand these documents.

About the City
The City of Richmond is a charter city located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,567 residents. Richmond is one of the region’s most diverse communities: 42.5% of residents identify as Hispanic or Latino, 20.2% identify as Black or African American alone, 17.8% identify as White alone (not Hispanic or Latino), and 15.4% identify as Asian alone (15.4%).1 Richmond is home to a multi-modal transit hub that includes BART, Amtrak, AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and-coming communities in California.

Richmond’s recreation and outdoor attractions include the Rosie the Riveter/World War II Home Front National Historical Park, 36 miles of the SF Bay Bicycle and Pedestrian Trail, and the 23- acre Point Isabel Regional Shoreline Park. The City of Richmond Downtown neighborhood is supported by an actively managed Property Business Improvement District (PBID) and a state- certified Main Street District, Richmond Main Street Initiative which supports businesses, including the newly opened Co-Biz co-working space. Downtown has a Kaiser Permanente Medical Center, the East Bay Center for Performing Arts, and more. The industrious Port of Richmond includes public and private port uses and the Chevron Richmond Refinery’s long wharf. Priority Development Areas in Richmond include Hilltop, 23rd Street, San Pablo Corridor, South Richmond, and Central Richmond. As of April 2021, Richmond has at least 464 residential units under construction, 989 residential units approved, and 1,192 residential units

1 Quickfacts Richmond city, California. 2019 American Community Survey 5 -year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia

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under review. In February 2020, the City of Richmond launched its Open Data and Performance Reporting System, Transparent Richmond (www.transparentrichmond.org), with data from 11 departments across the City.

Scope of Services
The City of Richmond (the City) is seeking the services of a highly qualified consulting firm(s) to assess the City’s current solid waste collection franchise agreement, conduct a thorough financial and feasibility analysis, and solicit community input on the current agreement and future action. The following is a preliminary scope of services to be utilized when submitting a response and are not meant to be prescriptive. Respondents are encouraged to include any other items relevant to the stated objective of this RFQ for the City’s consideration. It is expected that the firm or individual will have experience with public sector projects of similar nature and scope.

1. Provide consultant expertise to assist the City throughout the process in assessing the current solid waste collection franchise agreement.

2. Summarize information on solid waste collection franchise agreement approaches and language taken by other cities and municipalities to provide recommendations on Richmond’s solid waste collection franchise agreement.

3. Identify, gather, and track data to represent an accurate community profile and to inform recommendations and progress.

4. Research, assess, and leverage current plans, policies, City services, and delivery methods to conduct a “gap analysis” concerning a solid waste collection franchise agreement.

5. Research and assess current City collection rates and fees, potential renegotiation costs, and costs of developing a new solid waste collection franchise agreement with a different service to conduct a thorough financial analysis to better inform the City, City Council, and community members.

6. Assist the City with potential rate adjustment negotiations with Republic Services and Richmond Sanitary Services.

7. Develop and facilitate an inclusive, innovative, and accessible multilingual community engagement process which includes reaching out to:
o The overall Richmond community and stakeholders through community meetings, town hall gatherings, workshops, webinars, and other outreach methods.
o Neighborhood Councils, community organizations, Homeowner Associations (HOAs), commissions, and business organizations.

8. Attend meetings including but not limited to City Council meetings, Richmond Coordinating Council meetings, community meetings, and multiple internal meetings with City staff members.

9. Attend meetings as necessary to negotiate and communicate with the City and its partner services.

10. Provide and/or present updates to the Richmond City Council every six months (during the two years) on progress and advise the Council on the potential implementation of certain recommendations, even before the end of the planning process. This includes presentations to Neighborhood Councils, commissions, boards, and community organizations as requested.

The preliminary services required of the consulting firm(s) include the research, assessment, and advising services to the City regarding potential courses of action regarding its solid waste

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collection franchise agreement with Republic Services. If the Richmond City Council determines and recommends that the City terminate its contract with Republic Services and seek a new solid waste collection contract service, the existing contract outlined in this RFQ may be extended to include the necessary negotiations and services.

Qualifications/Experience
This Project will require the firm/team to have the following qualifications/experience:
• Experience developing solid waste collection franchise agreements and implementation. • Proven experience negotiating and facilitating agreements between municipalities and private companies.
• Proven experience developing municipal code and amendments, including with municipalities similar in size and scope to the City of Richmond. • Proven ability to gather, analyze and share data in innovative ways including preparation of a community profile; conducting relevant gap analysis; and experience creating tools to measure and display progress.
• Project Manager/Team Lead’s overall experience managing similar projects. • Proven ability to engage with residents and other stakeholders. • Experience working within tight deadlines and budgets.

Proposal Format Guidelines
The Proposals should:
• Be concise, well-organized, and demonstrate the proposer’s experience applicable to the program.
• Be limited to ten (10) double-sided pages (8.5 inches X 11 inches). This page limit is inclusive of graphics, forms, pictures, photographs, and dividers. Résumés, required forms, certifications, and front and back covers will not be counted toward the proposal’s page limit.
• The font should be Arial, size 12 point with minimum left and right margins of one inch, and top and bottom margins of 0.7 inches.
• Adhere to the “Proposal Elements and Format Requirements” order and content descriptions within each section.
• Be straightforward and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and providing a complete and clear description of the offer. Qualifications and proposals which appear unrealistic in the terms of technical commitments, lack technical competence, or are indicative of a failure to comprehend the complexity and risk of this contract, may be rejected. The following qualifications sections are to be included in the vendor’s response and shall include the following information, at a minimum:

Vendor Cover Letter
A cover letter, not to exceed two (2) pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFQ have been reviewed and understood; • Include a statement of intent to perform the services as outlined;

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• Express the company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFQ, insurance requirements (Attachment 1) and in the sample Service Agreement (Attachment 2);
• Submit a written description and brief history of the company’s experiences, qualifications, and successes;
• Confirm that vendor has a minimum of three (3) years verifiable experience; • Stipulate that the proposal price will be valid for at least 180 days; • Identify a single person for contact during the RFQ review process; and • Cover letter shall be signed by an authorized official of the company.

Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. For detailed requirements refer to the Scope of Services of this RFQ.

Timeline of Project
• One (1) page maximum.
• Provide an overall project schedule, including the timing of activities.

Detail project schedule, identifying all tasks and deliverables to be performed durations for each task, and overall time of completion. The project is anticipated to start in 2022 and extend to at least the spring of 2023, with a possibility of extending further pending Council direction.

Proposed Budget & Costs
• Include a not-to-exceed total budget amount.
• Required: 2 pages total; 1 page budget spreadsheet + 1 page budget narrative. • Provide a detailed budget spreadsheet indicating the cost of each major element identified in the Scope of Services and including all direct and indirect project costs associated with the budget narrative and Scope of Services. o Include a brief narrative to detail the costs for the projected budget as tied to the deliverables outlined in the Scope of Services.
o Include line items for each staff to be assigned to the project, total projected hours, and hourly rate. Hourly rates shall be all-inclusive (i.e., base salary, fringe benefits, overhead, etc.).
o Include costs associated with facilitating effective community engagement activities, including materials or reproduction costs, community outreach, and engagement incentives, as well as subcontractor services and costs, if needed.

Please note: Proposers will be paid at the same rates outlined in their cost proposal and no additional funds will be paid above and beyond the original quote given by the selected Proposer unless further negotiated in writing and agreed to by the City of Richmond. These rates will also be used to negotiate other mutually agreed-upon tasks that may be assigned.

This is a negotiated procurement and as such, awards may not necessarily be made to the consultant submitting the lowest-priced proposal. Awards will be made to the consultant submitting the best responsive proposal satisfying the Department’s criteria, including consideration of price and other indicated factors.

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Staffing
Describe proposed Project team organization, including identification and responsibilities of key personnel. Indicate the role and responsibility of prime consultants and all sub-consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without the prior written approval of the City of Richmond. Sub-consultant letters of commitment are required and must be submitted with the proposal.

Qualifications and References
The information requested in this section should describe the qualifications of the firm and key staff performing projects within the past ten years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

• Names of key staff that participated in named projects and their specific responsibilities concerning this scope of service.
• A summary of your firm’s demonstrated capability, including the length of time that your firm has provided the services being requested.
• Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
o Client name and contact info
▪ Telephone & e-mail address
▪ Address
o Description of services provided including contract amount o Project start and end dates
Value-Added Services
Please provide any additional services of benefit not specifically required herein, which the proposer offers to provide.

Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the City.

If including subcontractors, please provide: addresses, telephone numbers, and areas of expertise of each.

Exceptions to this Request for Proposal
• The proposer shall state whether or not it takes exception(s) to this RFQ, including but not limited to the City of Richmond’s Standard Services Agreement – RFQ (Attachment 2). If the proposer does take exception(s) to any portion of the RFQ or contract, the specific portion to which exception(s) is taken must be identified by section number and explained.
• Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by

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providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted.
• Failure to make exceptions to the RFQ or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conflict with the City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

Proposal Submittal Guidelines
Interested parties may download copies of the above-mentioned proposal by visiting the City's website, http://www.ci.richmond.ca.us/bids. To download the RFQ, new vendors will be required to register to BidsOnline. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFQ.

All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 pm PST, on 2/16/2022. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by 2/18/2022. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible addenda to the RFQ that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact), or agent regarding the RFQ. Any party attempting to influence or circumvent the RFQ, bid submittal, and review process may have their proposal rejected for violating this provision of the RFQ.

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

The proposal must be received no later than 3:00 PM PST, on March 2, 2022.

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

The City of Richmond reserves the right to waive inconsequential irregularities.

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Tentative Selection and Schedule:

The City reserves the right to alter this schedule as necessary.

City Issuance of the RFQ January 28, 2022
Questions Due 5:00 PM PST February 16, 2022
RFQ Closing Date (due date) 3:00 PM PST, March 2, 2022
Review and potential Interview of Top
Proposers
March-April, 2022
City Council Consultant Approval April-May, 2022
General Guidelines
This RFQ does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a qualifications under this RFQ, or to procure or contract for work.

A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, before the final approval of the proposed contract. The City may investigate the proposal of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFQ.

The City reserves the right to:

1. Reject any or all proposals, or make no award without providing the reason(s) underlying the declination.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in the proposal.

10. Request additional information, including, but not limited to, follow‐up interviews.

Public Records
All proposals submitted in response to this RFQ become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFQ Attachment 1. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and before the commencement of any work on the Project.

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Permits and Licenses
Proposer, at its sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates, and licenses including, but not limited to, a City of Richmond Business License, which will be required in connection with the performance of services hereunder.

Limited Liability Companies Disclosure Statement (LLCS) Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) (Attachment 5). Bidders/Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Attachment 5).

Compliance with City Ordinances
The contractor shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”) (Attachment 4). Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal (Attachment 3).

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

Withdrawal of Proposal
A respondent may withdraw their proposal before the expiration of the time for submission of a proposal by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records

City of Richmond, CA
Solid Waste Collection Franchise Agreement Consultant Services

RFQ Page 11 of 13

Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

Rejections
All proposals will be reviewed to determine conformance with the RFQ requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional, or contains irregularities may also be rejected.

The City of Richmond reserves the right to:

A. Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.

B. Exercise discretion and apply its judgment concerning the selection of any proposals submitted.

C. Reject all proposals.

Evaluation and Selection Criteria
The selection committee, comprised of City of Richmond personnel, shall first review submittals for initial decisions on responsiveness and responsibility. This shall include a check that required forms were submitted, verification that the vendor meets minimum qualifications, verification that the Vendor proposal response is reasonably complete, and other considerations of responsiveness based on the instructions within this RFQ. Qualifications that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Those found responsive based on this review will proceed to the proposal evaluation process, using the criteria listed below.

Criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Category Score
Percentage
Description
The
Qualifications
and Approach
to Work
30 • Ability to provide services as outlined in the RFQ • Approach and proposed methodology to project
scope
• Demonstrated understanding and knowledge of the
work required
• Explanation of the services required
• Innovative approaches and internal measures for
services requested
• Potential problems and suggestions of possible
solutions are shared
• An understanding of the nature and extent of the
services required and the ability to effectively
manage multiple community engagement activities
throughout the planning process is demonstrated
• Timeline provides sufficient detail for reviewers to
analyze the feasibility of scope of work, the

City of Richmond, CA
Solid Waste Collection Franchise Agreement Consultant Services

RFQ Page 12 of 13

robustness of activities and approach and
demonstrates proposer’s clear understanding of the
requested scope of work
• Special resources the team offers that are relevant
to the successful completion of the project
Qualifications/
References
20 • Satisfactory evidence the Respondent has the
requisite experience and ability to execute the work
successfully and properly and to complete services
promptly
• Firm’s experience in performing similar work, years
in business, past and current client references, and
technical expertise and professional competence in
areas directly related to this RFQ
• Prior experience and capacity of proposer in,
leading community engagement in diverse
communities, community needs assessments,
strategic planning, public funding allocation, or
similarly relevant environments is described.

Project Team 20 • Unique qualifications of key personnel and successful involvement with projects of similar
scope and magnitude
• Availability of staff to conduct a workshop as soon
as possible
• Organization chart
• Résumés included and organizational structure
makes sense
Cost Proposal 30 • Pricing for staff, including direct and indirect labor expenses
• Budget is sufficiently detailed and includes all
specified requirements
• Proposed Budget and Costs includes narrative and
line-item budgets
TOTAL 100

Upon request of the City of Richmond, short-listed vendors may be requested to give an oral presentation/demonstration on the vendor’s proposal, which would include a detailed analysis of how the RFQ requirements would be addressed should Offeror receive the award. A virtual presentation shall be conducted via Zoom. The presentation shall be conducted at no cost to the City. Vendors may be eliminated from consideration based solely on the inability to meet minimal requirements and/or review of written proposals.

The total points for both the interview and the written proposal combined shall be used to determine the top candidate(s). The selection committee may then consider references and responsibility before selecting the finalist. The selection committee shall select the Proposer that is evaluated to be most competitive, and whose response is deemed to be in the best interest of this requirement.

The City of Richmond may negotiate elements of the contract as required to best meet the needs of the City of Richmond. If the City of Richmond determines, in the course of negotiations, that a satisfactory contract cannot be executed in a timely fashion, the City of

City of Richmond, CA
Solid Waste Collection Franchise Agreement Consultant Services

RFQ Page 13 of 13

Richmond may reject the firm and either terminate the procurement process or initiate negotiations with other firms in the order of their relative ranking.

Pre-Award Negotiations
After the proposals are opened, but before award, the City may elect to conduct negotiations with the highest-ranked respondent for purposes of:
• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications

If the City cannot successfully negotiate a contract with the highest-ranked respondent, the City may begin negotiations with the second-highest ranked respondent. Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFQ. The offeror must demonstrate an understanding of the scope of services to be provided and the ability to accomplish the tasks set forth. The offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

The City reserves the right to reject any or all proposals or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed Scope of Service. The City will negotiate with that vendor to determine the final pricing and contact form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made, and there will be no public opening and reading of proposals.

Award
When the Review Panel has completed its work, City staff will then recommend consultant(s) to the City Manager and City Council for approval. The services provided by the successful bidder(s) shall be governed by a Standard Services Agreement (Attachment 2).

Attachments
ATTACHMENT 1: Insurance Requirements
ATTACHMENT 2: Standard Contract
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
ATTACHMENT 5: Disclosure Statement of Limited Liability Companies Form

Solid Waste Collection Franchise Agreement Consulting Services RFQ Reviewing Panel Scoring Matrix
Section 1 Section 2 Section 3 Section 4 Total
Maximum Points 30 20 20 30 100
Reviewer 1 25 19 19 28 91
Reviewer 2 25 20 19 30 94
Reviewer 3 25 18 18 20 81
Reviewer 4 21 18 18 21 78
Reviewer 5 26 19 18 22 85
Reviewer 6 23 19 19 20 81
Average 24.1 18.8 18.6 23.5 85

City of Richmond
Project Participation Report for Project Consulting Services - Solid Waste Collection Franchise Agreement
Issued on 01/28/2022
Bid Due on March 02, 2022 3:00 PM (PDT)
Exported on 07/05/2022
Vendor Name Notified
Prospective
Bidder
Downloaded
Files Bidder
Bid
Amount Ranking Awarded
A Squared Ventures, Inc. X 0
A+ Environmental Solutions X 0
A-1 Tank Services X 0
ACC Environmental Consultants X 0
AE Incorporated X 0
AECOM X 0
AECOM X 0
AECOM Technical Services, Inc. X 0
AEI Consultants, Inc X 0
AEM Consulting X 0
AGS, INC. X 0
AIM Consulting Inc X 0
AIM Consulting Services X 0
AKRF, Inc. X 0
AMBIENT Air Quality & Noise Consulting X 0
AMEC Environment & Infrastructure, Inc. X 0
AMEC Geomatrix, Inc. X 0
ARCADIS US, Inc X 0
ATC GROUP SERVICES INC. X 0
ATLAS Lab Inc. X 0
AV Energy & Associates/Title24 X 0
Aanko Technologies Inc. X 0
Acacia Consultants and Engineers X 0
Achievement Engineering Corp. X 0
Advanced Chemical Transport Inc X 0
Advanced GeoEnvironmental, Inc. X 0
Aero-Environmental Consulting X 0
AgCEL X 0
AguaTierra Associates, Inc. X 0
Air Science Technologies, Inc. X 0
Albert A. Webb Associates X 0
Albion Environmental, Inc. X 0
Albion Environmental, Inc. X 0
Alcalde & Fay X 0
Alfred Martinez Engineering X 0
Alisto Engineering Group X 0
All Environmental Inc X 0
All Environmental Inc. X 0
AllWest Environmental, Inc. X 0
Allen Matkins Leck Gamble Mallory & Nats X 0
Alluvion Biological Consulting X 0
Alta Archaeological Consulting LLC X 0
Alta Vista Solutions X 0
Amec Foster Wheeler Environment & Infrastructure, Inc. X 0 Amicus - Strategic Environ Consulting X 0
Amy Skewes-Cox, AICP X 0
Anbessaw Consulting Inc. X 0
Anchor QEA CA LP X 0
Anchor QEA, LLC X 0
Anjanette Scott X 0
Apex Envirotech Inc. X 0
Apex Testing Laboratories, Inc. X 0

Appian UDBE SWPPP X 0
Applied Development Economics X 0
Applied Development Economics, Inc. X 0
Applied Engineering and Geology, Inc. X 0
Applied Marine Sciences, Inc. X 0
Applied Remedial Technologies Inc. X 0
Appraccel X 0
Aptim Environmental & Infrastructure X 0
Aquifer Sciences X 0
Aquifer Solutions, Inc. X 0
Area West Environmental, Inc. X 0
Arup North America, Limited X 0
Ascend Innovations X 0
Ascent Environmental, Inc. X 0
Aspen Environmental Group X 0
Association for Energy Affordability, Inc X 0
Atlas Planning Solutions X 0
Atlas Technical Consultants X 0
Attic Consulting X 0
Axiom Engineering and Science X 0
BAR Sustainability X 0
BKT X 0
BRC-Equals3, Inc. X 0
BSK Associates X 0
Bajada Geosciences, inc. X 0
Baker Tilly Virchow Krause, LLP X 0
Balance Hydrologics X 0
Barahona International & Associates X 0
Basin Research Associates, Inc. X 0
Bays Investment, Inc. X 0
BenTyler, a Subsidiary of CEA X 0
BioMaAS, Inc. X 0
Biological Monitoring & Assessment Speci X 0
Birdi And Associates,Inc X 0
Blackburn Consulting X 0
Blankinship & Associates, Inc. X 0
Blankinship & Associates, Inc. X 0
BlueWater & Associates, Inc. X 0
Bluecrane, Inc. X 0
Bonkowski & Associates, Inc. X 0
Bonneau Dickson PE X 0
Boudreau Associates LLC X 0
Bradburne, Briller & Johnson X 0
Bradley Tanks Inc. X 0
Brown and Caldwell Environmental Consultants X 0
Build It Green X 0
Bureau Veritas X 0
Burns & McDonnell Engineering Company, I X 0
Business Advantage Consulting X 0
CALINC Training, LLC X 0
CDIM Engineering, Inc. X 0
CDM Smith X 0
CGI Federal Inc. X 0
CNS Environmental, Inc. X 0
CP Manufacturing X 0
CSW/Stuber-Stroeh Engineering Group, Inc X 0
CVC ENVIRONMENTAL, INC. X 0
Cafiero Maritime Services X 0
CalRecovery, Inc. X 0
California Consulting, LLC X 0
California Engineering Company, Inc X 0

California Environmental Servcies, LLC X 0
California State University, Sacramento, Center for Collaborative X 0 Cameron-Cole X 0
Capital Partnerships Inc. X 0
Capitol Digital X 0
Carbon Green Energy Partners X 0
Cardno GS, Inc. X 0
Cardno, Inc. X 0
Carlson, Barbee and Gibson X 0
Carpi Clay & Smith X 0
Cascadia Consulting Group X 0
Cenergy X 0
Center for Nonprofit Management X 0
Center for Sustainable Energy X 0
Ceres Associates X 0
Christopher A Joseph & Associates X 0
Christopher A. Joseph & Associates X 0
Circlepoint X 0
CivForge, Inc. X 0
Clean Harbors X 0
Clean Harbors Environmental Services X 0
Clean Waters USA, Inc. X 0
Clear Creek Associates X 0
Climatec LLC X 0
Cogstone Resource Management Inc. X 0
Cohn and Associates X 0
Community Design + Architecture X 0
Compliance One Solutions, Inc. X 0
Comprehensive Real Estate Servicves X 0
Conestoga-Rovers & Associates, Inc. X 0
Connexus Hub X 0
ConstructConnect X X 0
Construction Bidboard, Inc X X 0
Construction Journal X X 0
Converse Professional Group X 0
Cook Environmental Services, Inc. X 0
Cornerstone Earth Group X 0
Cornerstone Transportation Consulting X 0
Creative Educational Consulting X 0
Creative Environmental & Safety Solutions, LLC X 0
DCI Environmental, Inc. X 0
DHI Water & Environment, Inc. X 0
DKS Associates X 0
DMullisInsurance X X 0
DNVGL X 0
Daniel Edelstein X 0
David J. Powers & Associates, Inc. X 0
David Keith Todd Consulting Engineers X 0
David Viloria X 0
Davis, Hibbitts, & Midghall, Inc X 0
De Novo Planning Group, Inc. X 0
Del Rio Advisors, LLC X 0
Delta Environmental Consultants, Inc. X 0
Delta Environmental Laboratories, LLC X 0
Deltek X X 0
Denise Duffy & Associates, Inc. X 0
DiMare, Van Vleck & Brown, LLC X 0
Digital Energy, Inc. X 0
Dominion Due Diligence Group X 0
Douglas Herring & Associates X 0
Du-All Safety, LLC X 0

Dudek X 0
Dunnigan Psychological & Threat Assessments, LLC X 0
EBA Engineering X 0
ECO:LOGIC Engineering X 0
ECON X 0
ECORP Consulting, Inc. X 0
EEC Environmental Engineering & Contracting X 0
EFI Global X 0
EFI Global, Inc. X 0
EG Services X 0
EMC Planning Group X 0
ENGEO Incorporated X 0
ENTACT X 0
ENTRIX, Inc. X 0
ENV America Incorporated X 0
ENVIRON International Corporation X 0
EORM X 0
ERAS Environmental, Inc. X 0
ERM-West, Inc. X 0
ES Geotechnologies X 0
ETIC X 0
Eco-Workforce X 0
Ecology & Environment, Inc. X 0
Ecology Action of Santa Cruz X 0
Eisen|Letunic X 0
EnSafe Inc. X 0
Endemic Environmental Services, Inc. X 0
Energy Alchemy X 0
Engineering Solutions Services, Inc. X 0
Engineering/Remediation Resources Group X 0
Engineering/Remediation Resources Group, Inc. X 0
Entech Northwest Inc. X 0
EntramCorp X X X 0
Envicom Corporation X 0
Environmental Hazards Detection, LLC X 0
Environmental Innovations Corporation X 0
Environmental Network Corp X 0
Environmental Resource Group Inc X 0
Environmental Risk Solutions, Inc. X 0
Environmental Science Associates X 0
Eric S. Zell X 0
Erler & Kalinowski, Inc. X 0
Essel Environmental X 0
Essel Technology Services, Inc X 0
Evan Brooks Associates, Inc. X 0
Evoqua Water Technologies, LLC X 0
F.E. Jordan Associates, Inc. X 0
FOPCO INC. X 0
FORMA Design, Inc. X 0
Farallon Consulting X 0
Federal Advocates, Inc. X 0
Filter Recycling Services, Inc X 0
FirstCarbon Solutions X 0
FirstIdea, Inc. X 0
Fischer Compliance, LLC X 0
Forensic Analytical Consulting Services, Inc. X 0
Frayji Design Group X 0
Frontier Analytical Laboratory X 0
Fugro Consultants, Inc. X 0
Further The Work, LLC X 0
GEI Consultants, Inc. X 0

GEMS Environmental Management Services, Inc. X 0
GHD Services Inc. X 0
GPA Consulting X 0
GRC Associates, Inc. X 0
GTSI Corp X 0
Gallaway Enterprises X 0
Ganddini Group, Inc. X 0
Gateway Planning X 0
Gensler X 0
GeoEngineers, Inc. X 0
Geosphere Consultants Inc. X 0
Geosyntec Consultants X 0
Geovironment Consulting X 0
Gilbane X 0
Gill Group, Inc. X 0
Gladstein, Neandross & Associates X 0
Global Environmental Network, Inc. X 0
Global Intergration X 0
Golden Hour Restoration Institute X 0
Golder Associates Inc. X 0
Gomez Research Inc. DBA "Public Values Research" X 0
GovRates, Inc. X 0
Grant Management Associates X 0
Grassetti Environmental Consulting X 0
Green Environment inc. X 0
Green Vision for Business, Inc. X 0
Ground Zone Environmental Services, LLC X 0
Group Delta Consultants X 0
HDR Engineering X 0
HEALTH ADVOCATES X 0
HELIX Environmental Planning, Inc. X 0
HF&H Consultants, LLC X X X 0
HP Sears Account Recovery Specialists X 0
HR&A Advisors X 0
Habitat Restoration Sciences, Inc. X 0
Haley & Aldrich X 0
Haley & Aldrich, Inc. X 0
Harris Design X 0
Hazard Management Services, Inc. X 0
Health Management Associates, INc. X 0
Help My Community - PMB Inc. X 0
Henderson Construction & Engineering X 0
Herrera Environmental Consultants X 0
Hinrichs, Proudfoot and Skov Inc X 0
HomeBase X 0
Housing Authority Services X 0
Huffman-Broadway Group, Inc. X 0
HydroScience Engineers, Inc. X 0
ICF International X 0
ICF Jones & Stokes, Inc. X 0
IHI Environmental X 0
ILLINGWORTH & RODKIN, INC. X 0
IMS X X 0
IO Environmental and Infrastructure Inc. X 0
Impact Sciences X 0
Impact Sciences X 0
InSite Environmental, Inc. X 0
Incompli, Inc. X 0
Independent Intervention Corp X 0
Industrial/Organizational Solutions, Inc. X 0
Infra Associates X 0

Innovative Construction Solutions X 0
Innovex Environmental Management, Inc. X 0
Insight Environmental, Engineering & Con X 0
Integrated Science Solutions, Inc. X 0
Iris Environmental X 0
J.R. Miller and Associates X X 0
JGS Performance Solutions, LLC X 0
JMC Consulting X 0
Jabez Enterprise Group (JEGroup) X 0
Jacks Consulting X 0
Jacobs X 0
Jacobs X 0
Jason Winkler X 0
Jayne Lopez X 0
Jayne Williams X 0
Jim Freeman Consulting X 0
John Claude Garcia X 0
Johnson Marigot Consulting X 0
Jonas and Associates Inc. X 0
Just Cities Institute X 0
KDJA SERVICES LLC X 0
KELLCO Services X 0
KPMG LLP X 0
Kazarians & Associates, Inc. X 0
Kearns & West X 0
Kennedy/Jenks Consultants, Inc. X 0
Kimley-Horn and Associates, Inc. X 0
Kinnetic Laboratories, Inc. X 0
Kleinfelder X 0
Krazan & Associates, Inc. X 0
Krupka Consulting X 0
LA Consulting X 0
LAK Associates, LLC X 0
LSA Associates X 0
Laborers Community Training Foundation X 0
Laco Associates X 0
Lamphier-Gregory X 0
Langan Engineering and Environmental Services Inc. X 0
Larry Walker Associates X 0
Latressa Wilson Alford, JD X 0
Laura Peth X 0
LeSar Development Consultants X 0
Leann Taagepera Environmental Planning X 0
Lechowicz & Tseng Municipal Consultants X 0
Leidos X 0
Lg Engineering X X 0
LimnoTech X 0
Linea Solutions X 0
Lisa's Word Processing and Consulting Services X 0
Lobbyit.com LLC X 0
Lynn Merrill and Associates Inc X 0
M&N X 0
M-Group X 0
M.Cubed X 0
MACTEC X 0
MAXIMUS Consulting Services, Inc. X 0
MAXIMUS, INC X 0
MECA Consulting Inc. X 0
MKD Consulting Group X 0
MLA Green, Inc., dba Studio-MLA X 0
MSA, PC X 0

MSW Consultants X X X 0
Macias Consulting Group X 0
Macias Gini & O'Connell LLP X 0
Magdave Associates, Inc. X 0
Main Hire Staffing & Outsourcing X 0
Management Partners, Inc X 0
Mapistry X 0
Marcor Environmental LP X 0
Mariana Moore Consulting X 0
Marine Holdings Company I, Inc. X 0
Mashariki Kurudisha X 0
Matheson Environmental Services X 0
MatriScope Engineering Laboratories, Inc X 0
MatriScope Engineering Laboratories, Inc X 0
Mazzetti Nash Lipsey Burch Inc X 0
McIntyre Environmental LLC X 0
Mercury LLC X 0
Merkel & Associates X 0
Metcalf & Eddy, Inc. X 0
Metta International Incorporated X 0
Michael Kent & Associates X 0
Michael Marangio, Biological Consulting X 0
Milestone Consulting X 0
Moore Twining Associates X 0
Mosaic Associates LLC X 0
Mountainview Biological Consulting X 0
Mpact Strategic Consulting LLC X 0
Mse Group X 0
Municipal Auditing Services LLC X 0
Myers Construction Solutions, Inc. X 0
NBS Government Finance Group X 0
NCE X 0
NES, Inc. X 0
NORESCO X 0
National Analytical labs, Inc. X 0
Neil O Anderson & Associates Inc. X 0
Nelkie LLC X 0
NewFields Companies LLC X 0
Newell Real Estate Advisors X 0
Nichols Consulting Engineers, Chtd. X 0
Ninyo & Moore X 0
Ninyo & Moore X 0
Nomad Ecology, LLC X 0
NorBay Consulting X 0
Northgate Environmental Management, Inc. X 0
O'Brien's Response Management X 0
OMNI Consulting Solutions X 0
Odic Environmental X 0
On Point Construction Services X 0
OneWorld Communications X 0
Onvia X 0
Opal Quality Systems Management X 0
Orion Environmental Inc X 0
Otero-Milich and Associates X 0
PANORAMA ENVIRONMENTAL INC. X 0
PB Americas, Inc. X 0
PMA Consultants LLC X 0
PVMA X 0
Pacific EcoRisk X 0
Pacific Legacy, Inc. X 0
Pacific Municipal Consultants X 0

Pakpour Consulting Group X 0
Paleo Solutions, Inc. X 0
PaleoWest Archaeology X 0
Patriot Environmental Laboratory Services, Inc. X 0
Pennino Management Group X 0
Place Dynamics LLC X 0
PlaceWorks X 0
PlaceWorks X 0
Plant Reclamation X 0
Plexus Logistics, International X 0
Prairieform X 0
Project Navigator Limited X 0
Promotions West X 0
Provost & Pritchard X 0
Public Safety Corporation X 0
Public Works Consulting Engineers, Inc. X 0
Purcell, Rhoades & Associates, Inc. X 0
Quad Knopf, Inc. X 0
Quality Assurance Engineering X 0
Quest GeoSystems Management, Inc. X 0
Questa Engineering Corporation X 0
R3 Consulting Group, Inc. X X X X 0
RCH Group X 0
RECON Environmental, Inc. X 0
RGA Environmental, A Terracon Company X 0
RMA Group X 0
RRM Design Group X 0
Ramboll Environ X 0
Ranajit Sahu X 0
Raney Geotechnical, Inc. X 0
Raney Planning & Management X 0
Rebecca L. Halkias X 0
Regional Government Services Authority X 0
Reliable Supply, Inc. X X 0
Remedy Engineering, Inc. X 0
Resource Design Technology, Inc. X 0
Restoration Design Group, LLC X 0
Reterro X 0
Ricoh USA X 0
RightSource Services X 0
Rincon Consultants, Inc X 0
Riviera, Inc. X 0
Robert D. Niehaus, Inc. X 0
Robert Shaw & Associates X 0
Rodrick I Satre X 0
Rose & Kindel X 0
Roux Associates, Inc. X 0
Russ Branson Consulting X 0
S Groner Associates X 0
SA Recycling X 0
SAIC X 0
SCA Environmental, Inc. X 0
SCS Engineers X 0
SHEC inc X 0
SOMA Environmental Engineering, Inc X 0
STV, Inc. X 0
SWCA Environmental Consultants X 0
SWCA Environmental Consultants X 0
SafeCon Consulting Group Inc. X 0
Safety Training Specialists, Inc. X 0
Sagecrest Planning and Environmental, LLC X 0

Salem Engineering Group, Inc. X 0
Sand Dollar Group, LLC X 0
Santa Fe Land Planning, Inc. X 0
Sapphos Environmental, Inc. X 0
Schaaf & Wheeler X 0
Schedule Management Corporation X 0
Science Applications International Corp. X 0
Sea Engineering, Inc. X 0
Sea Surveyor, Inc. X 0
Sequoia Ecological Consulting, Inc. X 0
Sewer and Storm Maintenance X 0
Shaffer Psychological Institute X 0
Shannon & Wilson, Inc. X 0
Sherwood Design Engineers X 0
Sjoberg Evashenk Consulting, Inc. X 0
Smith-Emery SF X 0
Socal Stormwater Runoff Solution Services Inc. X 0
Stantec X 0
Stearns, Conrad & Schmidt, Consulting Engineers, Inc. X 0 Stetson Engineers Inc. X 0
Stockton Environmental X 0
Stormwater CA Ltd X 0
Strategic Engineering & Science X 0
Strategic Government Resources X 0
Strategic Management Associates X 0
Strategic Planning Collaborative LLC X 0
Stratus Environmental, Inc. X 0
Summitt Forests Incorporated X 0
Surf To Snow Environmental Resource Management X 0
Swaim Biological, Inc X 0
Synapse Energy Economics, Inc. X 0
Syntropy Trust X 0
THE WESTMARK GROUP X 0
TPG Consulting, Inc. X 0
TRC Engineers, Inc. X 0
TRC Solutions X 0
TRC Solutions X 0
TRC Solutions X 0
TSG Government Services X 0
Tank Specialists of California X 0
Taylor Systems Engineering, Inc. X 0
Teaman Ramirez & Smith Inc X 0
Technology, Engineering & Construction X 0
Technology, Engineering & Construction, X 0
Terracon X 0
Terraphase Engineering Inc. X 0
Terrax Environmental, Inc. X 0
TestAmerica X 0
Tetra Tech X 0
Tetra Tech Inc. X 0
The Auger Group, Inc. X 0
The Bodhi Group Inc X 0
The Byers Group X 0
The Cadmus Group, Inc. X 0
The Consulting Group X 0
The Dease Group Consulting X 0
The Ferguson Group LLC X 0
The Glen Price Group X 0
The Source Group, Inc. X 0
The Watershed Nursery X 0
Thunder Mountain Enterprises X 0

Tierra Resource Consultants X 0
Torrent Laboratory, Inc. X 0
Treadwell & Rollo, Inc. X 0
TreePro Professional Tree Care X 0
Triple HS, Inc. X 0
Twegbe, Inc. X 0
UPIN Inc. X 0
URS Corporation X 0
URS Corporation Americas X 0
UltraSystems Environmental (DBE | WBE | SBE) X 0
Universal Engineering Sciences, LLC X 0
Universal Engineering Sciences, LLC X 0
Universal Safety and CPR Solutions X 0
Urban Creeks Council X 0
Urban Planning Partners, Inc. X 0
Urbana Preservation & Planning, LLC X 0
Utility Systems Science & Software, Inc. X 0
VHBC, INCORPORATED X 0
VISTA COMMUNITY PLANNERS X 0
VSolvit X 0
Vallier Design Associates, Inc. X 0
Vantage Point Consulting X 0
Veolia ES Special Services, Inc. X 0
Verdant Solutions, Inc. X 0
Vista Environmental Consulting X 0
Visual Impact Analysis LLC X 0
WB Environmental Solutions X 0
WCS/Ca, Inc. X 0
WEST Consultants, Inc. X 0
WRA Environmental Consultants X 0
WRA, Inc. X 0
WRC X 0
Wagstaff and Associates X 0
Ward & Associates X 0
Ward & Associates X 0
WasteSleuth.com X 0
Waterworks Industries, Inc X 0
Webster Environmental Associates, Inc. X 0
Weiss Associates X 0
Weston Solutions, Inc. X 0
Whitley Buchett & Associates, Inc. X 0
Wholly H2o X 0
Wildermuth Environmental, Inc. X 0
Willdan Engineering X 0
Willdan Financial Services X 0
Wood Environment & Infrastructure Solutions, Inc. X 0
Woodard & Curran, Inc. X X X 0
WorleyParsons X 0
WorleyParsons Group Inc. X 0
Yorke Engineering, LLC X 0
ZMassociates Environmental Corp. X 0
Zander Associates X 0
Zilo International Group X 0
Znap Fly X 0
bvnvbnvbn X X 0
dig designitGREEN LLC X 0
e360 LLC X 0
kn inc X X 0
plaza and associates X 0
reEarth Consulting X 0
sevenoutsource X X 0

stantec consulting corporation X 0
TOTALS 590 17 17 1 $0.00

July 19, 2022

Economic Development

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Shasa Curl, City Manager
Shané Johnson, Senior Administrative Analyst
Subject:

Professional Services to Develop and Provide Economic
Analyses on Real Property Negotiations
FINANCIAL IMPACT: The contract will be funded from various City departments including Port (40162380-400201), City
Manager’s Office (01131013-400201), Economic
Development (01361165-400201), and various other City
departments on an as-needed basis.

PREVIOUS COUNCIL
ACTION:

November 10, 2020

STATEMENT OF THE
ISSUE:

The City Manager’s Office of Economic Development is
seeking approval of a second contract amendment with
Land Econ Group to continue professional services
related to economic analyses on real property
negotiations.

RECOMMENDED ACTION:

APPROVE a second contract amendment with Land
Econ Group in the amount of $50,000, for a total contract amount not to exceed $100,000, for professional services to develop and provide economic analyses on real
property negotiations, for a term extending through June 30, 2024 – City Manager’s Office, Economic
Development (Shasa Curl/Shané Johnson 620-6512).

AGENDA
REPORT

July 19, 2022
DISCUSSION:

On October 27, 2020, the City Manager’s Office, Economic Development solicited a Request for Qualifications (RFQ) for On-Call Real Property Negotiation Economic Analyses.

The RFQ was sent to three vendors via email as an informal solicitation. There were two total respondents to the RFQ. The responses were reviewed by the City Manager’s Office, Economic Development Division staff members using the criteria stated in the RFQ. Land Econ Group was found to be the most qualified responsive bidder.

Subsequently, on November 10, 2020, City Council approved a contract with Land Econ Group for an amount not-to-exceed $50,000 and with a term from November 11, 2020 through June 30, 2023.

As the City continues to engage in real estate transactions, Land Econ Group’s assistance with providing on-call real property negotiation economic analyses remains a much-needed service. As such, City staff is requesting City Council’s approval to increase the contract payment limit by an additional $50,000, for a total contract amount not to exceed $100,000, and an extended term through June 30, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Second Contract Amendment (Term and Funds) Attachment 2 – First Contract Amendment (Scope Only)
Attachment 3 – Original Contract

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

CMO, Economic Development
Shasa Curl
[email protected]
(510) 620-6512
14781
5402
Develop and provide Economic Analyses on Real Property Negotiations ✔
2 Land Econ Group
388 Market Street
San Francisco, CA 94111
William Lee
(415) 851-9328
[email protected]
40060713
December 31, 2022
✔
November 10, 2020
November 11, 2020
June 30, 2023
50,000.00

Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Land Econ Group

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

5402
2 Land Econ Group
November 11, 2020
June 30, 2024
50,000.00
100,000.00

None

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

5402
2 Land Econ Group
August 18, 2021
✔

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

CMO, Economic Development
Shasa Curl
[email protected]
(510) 620-6512
14781
5402
Develop and provide Economic Analyses on Real Property Negotiations. ✔
1 Land Econ Group
388 Market Street
San Francisco, CA 94111
William Lee
(415) 851-9328
[email protected]
✔
December 1, 2020
November 11, 2020
June 30, 2023
50,000.00
DocuSign Envelope ID: E209F1C2-EBD7-491C-86AC-76386F2357B9

Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Land Econ Group
DocuSign Envelope ID: E209F1C2-EBD7-491C-86AC-76386F2357B9 Senior Partner

XXXXXXXXX
Interim Sr. Assistant City Attorney
Mayor

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

Land Econ Group
1 5402
Provide economic and financial analysis for the City of Richmond and various departments and divisions, including but not limited to the City Manager’s Office, Economic Development, Port of Richmond, Community Development, Housing Division, and Successor Agency.

Services that will be provided include, but are not limited to the following:

• Summary of Richmond’s current real property negotiation role for economic development, overall process, and guidelines (including Brown Act restrictions)

• COVID-19 effects on real property negotiations throughout the City of Richmond

• How real property negotiation fits with current City of Richmond plans (General Plan, Specific Plans or Proposed Plans)

• Examples and summaries of successful economic development initiatives through real property negotiations, funding allocation, and cost-effectiveness in other similar cities, which may include surplus property evaluations and/or any real property owned by the City of Richmond

• Areas of Improvement (case examples where City was not able to negotiate effectively)

• Recommended factors for successful negotiations including but not limited to conformance with the Richmond General Plan 2030, community benefits, highest and best use, cost-effectiveness strategies, property selection strategies, co-benefits (remediation, etc.), economic development impact, and timeline (short, medium, long-term strategies).

DocuSign Envelope ID: E209F1C2-EBD7-491C-86AC-76386F2357B9

July 19, 2022

Finance Department

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Delmy Cuellar, Director of Finance
Jerry Chak, Accounting Manager

Subject:

Investment and Cash Balance Report, and Monthly
Overtime Reports for the Month of May 2022
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and monthly
Overtime Reports for the month of May 2022.

RECOMMENDED ACTION:

RECEIVE the City’s Investment and Cash Balance
Report and monthly Overtime Reports for the month of
May 2022 – Finance Department (Delmy Cuellar 510-
620-6740).

DISCUSSION:

The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency AGENDA
REPORT

July 19, 2022
bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the FY2021-22 Investment Policy.

DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for May 2022 Attachment 2 – Overtime Report for May 2022
Attachment 3 – Overtime Public Safety Report for May 2022

City of Richmond
FY2021-22
Overtime Report
PERIOD 11, May 2022
92% Threshold

ORIGINAL TRANFRS REVISED AVAILABLE PCT

APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED

GENERAL FUND
Summary
400031 OVERTIME/General 1,050,794 177,787 1,235,982 1,292,747 412,535 105% 400032 OVERTIME/Sworn 8,794,531 - 9,499,933 8,117,894 3,699,145 85% TOTAL GENERAL FUND 9,845,326 177,787 10,735,915 9,410,641 4,111,680 88% By Department
12 COMMISSIONS
400031 OVERTIME/General - - 297 (297) 100% 13 CITY MANAGER
400031 OVERTIME/General - -
14 CITY CLERK
400031 OVERTIME/General 20,000 27,400 24,434 4,885 89% 14 CITY ATTORNEY
400031 OVERTIME/General - - (11) 11 100% 16 PLANNING
400031 OVERTIME/General - - 1,113 (734) 100% 17 FINANCE
400031 OVERTIME/General 63,473 63,473 41,247 51,354 65% 18 HUMAN RESOURCES
400031 OVERTIME/General - - 374 (255) 100% 19 POLICE
400031 OVERTIME/General 808,468 808,468 882,153 255,937 109% 400032 OVERTIME/Sworn 5,165,434 5,165,434 3,762,846 2,664,113 73% TOTAL POLICE 5,973,903 - 5,973,903 4,644,999 2,920,051 78% 20 FIRE
400031 OVERTIME/General - - 227 - 400032 OVERTIME/Sworn 3,629,097 4,334,499 4,355,049 1,035,032 100% TOTAL FIRE 3,629,097 - 4,334,499 4,355,275 1,035,032 100% 23 INFRASTRUCTURE & MAINTENANCE OPS
400031 OVERTIME/General 146,943 175,443 322,386 319,879 98,521 99% 24 LIBRARY
400031 OVERTIME/General - - 1,170 (456) 100% 25 COMMUNITY SERVICES
400031 OVERTIME/General 9,000 2,344 11,344 22,084 (76) 195% 26 INFORMATION TECHNOLOGY
400031 OVERTIME/General 2,910 2,910 - 2,910 0% 36 ECOMOOONOMIC DEVELOPMENT PROGRAM - - - 400031 OVERTIME/General - - 7 (7) TOTAL GENERAL FUND 9,845,326 177,787 10,735,915 9,410,868 4,110,939 88%

City of Richmond
FY2021-22
Overtime Report
92% Threshold

ORIGINAL TRANFRS REVISED AVAILABLE PCT

APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED

NON-GENERAL FUND
By Fund
1012 HILLTOP LANDSCAPE MAINT DIST
400031 OVERTIME/General - - - 16,431 (16,150) 100% 1015 MARINA BAY LNDSCP & LIGHT DIST
400031 OVERTIME/General 25,299 - 25,299 7,576 17,723 30% 1018 RENT CONTROL
400031 OVERTIME/General - - - 708 (708) 100% 1050 CR-PLANNING & BUILDING
400031 OVERTIME/General 9,500 - 9,500 - 9,500 0% 1055 ENCROACHMENT SVCS
400031 OVERTIME/General - 1,464 1,464 2,630 (933) 1205 EMPLOYMENT & TRAINING
400031 OVERTIME/General - - - 241 (241) 100% 1303 KIDS FIRST INITIATIVE
400031 OVERTIME/General - - - 522 (522) 100% 4003 WASTEWATER
400031 OVERTIME/General 8,100 - 8,100 790 7,310 10% 4006 STORMWATER
400031 OVERTIME/General - - - 16 (16) 100% 4404 RHA-NEVIN PLAZA
400031 OVERTIME/General - - - 183 (183) 100% 4405 RHA-NYSTROM VILLAGE
400031 OVERTIME/General - - - 77 (77) 100% TOTAL NON-GENERAL FUNDS 42,899 1,464 44,363 29,175 15,703 66%

City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2014-15 Overtime - Sworn 3,785,000 4,870,000 418,539 310,828 411,518 387,930 362,156 457,306 306,802 413,622 495,119 474,497 374,031 472,889 4,885,236 100.3% (15,236) 407,103.04 FY2015-16 Overtime - Sworn 4,405,000 4,405,000 382,540 436,305 552,158 475,640 448,527 504,933 515,570 352,041 409,747 373,446 438,424 316,501 5,205,832 118.2% (800,832) 433,819.34 FY2016-17 Overtime - Sworn 3,169,000 3,169,000 313,703 373,243 423,224 469,661 339,483 327,177 348,075 361,458 349,723 365,735 425,407 563,317 4,660,206 147.1% (1,491,206) 388,350.51 FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,165,434 5,165,434 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 111.1% (572,409) 478,153.64 FY2020-21 Overtime - Sworn 5,165,434 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 3,762,846 72.8% 1,402,588 313,570.51 FY2014-15 Overtime - Sworn 1,570,000 2,770,000 220,307 246,370 307,942 227,121 168,609 219,890 186,372 206,850 283,970 192,245 278,950 292,381 2,831,007 102.2% (61,007) 235,917.27 FY2015-16 Overtime - Sworn 2,704,914 2,708,914 184,361 180,698 234,169 203,104 189,824 205,064 255,662 252,596 174,378 194,054 181,321 238,505 2,493,736 92.1% 215,178 207,811.37 FY2016-17 Overtime - Sworn 2,486,914 2,486,914 268,353 267,582 178,894 164,200 149,136 147,981 227,796 267,960 182,993 246,898 233,383 316,924 2,652,102 106.6% (165,188) 221,008.47 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 3,629,097 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 3,629,097 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,205 351,463 715,688 4,355,038 100.5% (20,539) 362,919.82 FY2021-22 TOTAL 8,794,531 9,499,933 692,303 824,802 831,032 775,949 674,982 628,843 667,474 719,791 606,412 678,887 1,017,409 - 8,117,884 85.5% 1,382,049 676,490.33

BUDGET ACTUALS TOTAL

POLICEFIRE

July 19, 2022

Finance Department

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Anil Comelo, Interim Deputy City Manager
Delmy Cuellar, Director of Finance

Subject:

Funding Strategy for Pension and OPEB Liability through a 115 Trust
FINANCIAL IMPACT: This action does not require an appropriation at this time.

However, the City has funds which have been reserved
in the General Fund for pension and OPEB liabilities. If approved tonight, the Finance staff will come back to the City Council to request approval for appropriation of
these funds for deposit into the proposed Trust fund.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City has a sizable CalPERS unfunded balance of
approximately $366.9 million. The City has only been
paying the required minimum and the balance has grown
by over $162 million in the last seven (7) years. It would, therefore, be prudent to start pre-funding a trust to
address the liability.

RECOMMENDED ACTION:

APPROVE an agreement with PARS and the execution
of all necessary agreements and plan documents
associated with establishment of the new IRS approved
PARS 115 Combination (OPEB & Pension) Trust –
Finance Department (Anil Comelo 620-6600/Delmy
Cuellar 620-6790).

AGENDA
REPORT

July 19, 2022
DISCUSSION:

The City of Richmond in partnership with its employees have taken several steps during the last six years to manage Other Post-Employment Benefits (OPEB) liabilities and costs. These actions represent responsible financial management that have lowered the City's costs and positioned the City to achieve savings into the future. Employees hired after January 2013 that previously were not members of the CalPERS receive a lower pension benefit per the California Public Employees' Pension Reform Act (PEPRA) signed by the Governor Brown in 2012. Under PEPRA, the contribution rates are equally shared between the employee and the employer. Public Safety employees hired under PEPRA contribute 12.50 percent of their salary towards their retirement and non- safety employees contribute 7.25 percent of their salary towards their retirement. Since these employees are new CalPERS members, they do not carry the burden of paying for the unfunded liability. The concept of setting aside funds for long-term liabilities (pension and OPEB) has been previously discussed and in fact the city already has an OPEB-only trust and has assets of about $32.1 million as of March 31, 2022.

California Public Employee Retirement System (CalPERS)

The City's CalPERS actuarial reports dated June 30, 2020, included an unfunded liability of $366.9 million with a funded level for the safety plan of 67.5 percent and non- safety plan of 73.3 percent. It is important to recognize that although the unfunded liability increased by $16 million during the one-year period, CalPERS actuarial reports have changed significantly in recent years with their Board changing demographic assumptions, implementing a smoothing feature, and lowering the expected rate of return (ROR) on investments, all of which cause the unfunded liabilities to increase, which in turn drive the City's required contributions higher. For CalPERS, one of the most critical assumptions in attaining its full funding goals is the ROR on its investments. Prior to July 2021, CalPERS' annual ROR assumption was 7.0 percent. If the 7.0 percent rate of return is not realized, then contributions from employers and employees must increase. Unfortunately, the 7.0 percent ROR has not been achieved in the past two years (6.7. percent in FY 2018-2019 and 4.3 percent in FY 2019-2020) and the outlook from the investment community and actuaries for a 7.0 percent annual rate of return was increasingly pessimistic. As a result, effective July 2021, CalPERS' Board approved a reduction in the ROR to 6.8 percent. This most recent reduction has not been reflected in the current actuarial reports.

The changes in the unfunded accrued liability (UAL) due to changes in actuarial assumptions are amortized over a fixed 20-year period with a five (5)-year ramp up at the beginning and a five (5)-year ramp down at the end of the amortization period. As a result of the ramp up and the effective date of the increase, it will be seven years until the full impact of the discount rate change is completely phased in.

Pension 115 Trust Benefits

A Section 115 trust is a tax-exempt investment vehicle authorized by the Internal

July 19, 2022
Revenue Code (IRC) used to prefund essential government expenses (e.g., retiree medical and retirement plan benefits). To remain tax-exempt, assets held in a Section 115 Trust are designated as irrevocable, meaning they must be used to fund the City’s OPEB (retiree medical) or retirement plan obligations. Additionally, monies held in such trusts can be invested in accordance with the rules governing those trusts, which are different than the investment rules for the City’s pooled investments. Setting aside funds in a Section 115 Trust can potentially earn a higher rate of return than if funds were invested with the City.

Funds placed in a Section 115 Trust can remain in the trust until a point in time when the City chooses to draw on its assets to pay annual benefit obligations or reimburse the City for its pension expense. The City may withdraw funds by adopting policies and procedures that include requiring action be taken by City Council. The City would set its own restrictions on how and when the funds can be used and withdrawn.

Pre-funding post-employment benefit liabilities is a best practice recommended by the Government Finance Officers Association (GFOA). Some of the other benefits that a Section 115 Trust program can provide are summarized below:

 City has complete local control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments;  Assets can be transferred to the retirement system at the City’s discretion and potentially reduce/eliminate large fluctuations in employer contribution amounts; and
 Can use deposited cash as an emergency source of funds in the event revenues are strained during difficult budgetary or economic times by reimbursing the General Fund for pension related obligations for current and prior year.

Combined OPEB/Pension Trust

Unfunded retirement liabilities and the inevitable CalPERS contribution rate increases are serious problems that are not unique to Richmond. In response to this growing issue, a number of proactive agencies are establishing not only OPEB Trusts, but Pension Rate Stabilization Program (PRSP) Trusts. To date, the most widely adopted PRSP for governmental agencies has been a plan pioneered by PARS and adopted by over 270 agencies including 132 cities. As outlined above, the City has an existing irrevocable OPEB trust with PARS to help fund its retiree health benefits. Today's action proposes to set up a new combination irrevocable Trust to replace the existing OPEB Trust, with one that will have two accounts. One account will be for the existing OPEB assets that have been contributed since 2008 (as well as future contributions) and the other account will be for prefunding pension liabilities. Exhibit 1 is the IRS Private Letter Ruling that verifies the tax-exempt status of the PARS combination trust program.

Including a pension component to the Trust will benefit the City in three notable ways.

July 19, 2022
First, assets placed into the pension account will potentially earn a greater return over time than where they are currently invested in the Local Agency Investment Fund (LAIF). The funds will earn a return closer to that earned by CalPERS, but unlike the funds that have been forwarded to CalPERS, these funds will be controlled by the City, including establishing the risk tolerance level.

Second, the Pension Rate Stabilization assets can be used to pay CalPERS annual employer required contributions at the City's discretion, which will help cushion the financial impact of the expected sharp increases in rates.

Finally, rating agencies perceive prefunding into a Trust more favorably than earmarking funds within the City's pooled cash/investments and could positively impact the City’s credit rating.

As an alternative approach, the City might consider making additional advance contributions to CalPERS instead of establishing a separate Trust with PARS. In this instance, CalPERS would amortize additional funds the City chooses to contribute over 30 years, causing very little immediate impact on the reduction of annual contribution rate. The proposed Trust with PARS allows annual contributions, and accumulated assets will help the City indirectly offset its pension liabilities. If the City Council does not authorize the PARS pension trust and chooses not to make additional contributions to CalPERS, the funds will remain reserved in the General Fund to be used for paying future pension costs. These reserves will not be applied to the Net Pension Liability presented in the City's future financial statements and will earn a much lower rate of return.

City staff considered two providers of prefunding of pension.

Option 1 – PARS

The Public Agency Retirement Services (PARS) Pension 115 Trust includes 5 risk tolerance levels with choice of active or passive for a total of 10 risk tolerance options and can customize a portfolio valued at least $5 million. (Passive investing means to hold at a representative benchmark whereas active involves constant attention to beat the benchmark). The trust is managed by PARS (administrator), HighMark Capital Management (investment advisor) and US Bank (trustee). HighMark Capital Management is a subsidiary of Union Bank; however, Union Bank is currently in the process of being acquired by US Bank. The total management fees are 60 basis points (0.60 percent) of assets under management with a blended fee of 39.9 basis points (0.399 percent) based on current $30 million plus asset level. As of September 30, 2021, PARS reported a one-year return of 5.4 percent - 23.25 percent within their five active portfolio options. Termination requires 30 days advanced notice.

Option 2 – CalPERS

The CalPERS Pension 115 Trust, the California Employers’ Pension Prefunding Trust

July 19, 2022
(CEPPT) is a self-funded, not- for-profit program where participating employers pay for the total costs of the trust option. The CalPERS program is managed by CalPERS (administrator), State Street Global Advisors (investment manager) and State Street Bank (trustee). The CEPPT has an all-inclusive fee rate of 25 basis points (0.25%) of employer account assets under management. There are no other fees. All employers pay the same fee rate, which may be higher or lower in the future per CalPERS. As of September 30, 2021, strategy 1 reported a one-year return of 13.43 percent while strategy 2 reported a one-year return of 5.82 percent. Termination requires 150 days advance notice and CalPERS Board approval. They only have two investment options and no choice of active or passive options. Also, they do not have IRS approval for CEPPT.

City Staff Recommendation

City staff met with representatives of CalPERS and PARS to determine how to proceed.

While the CalPERS option can provide adequate services, City staff’s determination and evaluation process concluded that PARS would provide the best overall value for the City. PARS is the pioneer of pension trusts with a higher level of service provided with administering the trust, including assistance with developing an investment policy, funding recommendations along with the flexibility of investment options offered through HighMark Capital. Additionally, PARS is partnered with U.S. Bank, the trustee and plan fiduciary for safeguarding member assets, and provides for mutual indemnification in their member agreement. City staff also chose PARS because the City already has a 115 Trust for OPEB with PARS and the new combination trust set-up will be at no cost to the city. Also, as assets grow, fees will go down based on PARS tiered fee schedule.

Finally, the PARS 115 combo trust has IRS approval.

Given the high level of service and responsiveness already given to its members, City staff has concluded that having PARS as the Trust Administrator will be less demanding of Finance staff time and minimize impacts to ongoing project and responsibilities. City staff reached out to references and received positive reviews of PARS. Clients were satisfied with the service being provided, due to PARS being easy to work with, its responsiveness, and the ongoing reporting provided. PARS will provide monthly, quarterly, and semi-annual reports on performance activity of the trust.

Funding Policy

The City’s FY 2022-2023 payment for CalPERS is $29,205,372. CalPERS provides a

3.5 percent incentive for paying in a lumpsum in July of each year. If the City took advantage of this option in July the City would save $971,477. In an effort to address the City's unfunded liabilities, staff recommends a practice whereby this annual savings be used to fund the 115 Trust. Additional contributions can be made as directed by the City Council.

Remuneration: PARS and HighMark generate income based upon a percentage of the invested assets. The City will pay fees to PARS for administration of the trust fund and

July 19, 2022
to US Bank/Highmark Capital for custodial and investment of the plan assets based on the amount of funds under management and according to a sliding scale outlined in the Administrative Services Agreement. The fee structure is the same structure that is currently in place with the OPEB Trust that was established in 2008. The fees will be netted against interest earnings in the Trust. Fees will be determined based on the combined assets of the OPEB and Pension accounts which will result in lower fees as assets build.

DOCUMENTS ATTACHED:

Attachment 1 – IRS Private Letter Ruling (PRL)
Attachment 2 – Administrative Services Agreement between the City and PARS Attachment 3 – Trustee/Investment Management Fee Schedule Attachment 4 – Resolution for Adoption

AGREEMENT FOR ADMINISTRATIVE SERVICES

This agreement (“Agreement”) is made this _____ day of ___________ __, 2022, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Ret irement Services and PARS (hereinafter “PARS”) and the [Agency Name] (“Agency”).

WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of pre -funding pension obligations and/or Other Post -Employment Benefits (“ OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.

NOW THEREFORE, the parties agree:

1. Services. PARS will provide the services pertaining to the Plan as described i n the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.

2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.

3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the respons ibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at th e rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication di sputing the subject invoice that is signed by a duly authorized representative of the Agency.

4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS ’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.

5. Information Furnished to PARS. PARS will provide the Service s contingent upon the Agency providing PARS the inf ormation specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content , and completeness of the Data so that PARS may rely on such information without further audit. It sha ll further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the

Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance w ith the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.

6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relati ng to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obt ained shall be accorded confidential treatment as provided under applicable law.

7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to a pplicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.

8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.

9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, di rectors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of , to the extent, PARS’ or Agency’s, as the case may be , negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.

10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.

PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during th e term of this Agreement, regarding Plan administrative services provided under this Agreement.

11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California . In the event any party institutes le gal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.

12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, ac ts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.

13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.

14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written au thority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.

Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.

15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or cer tified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title] Notices shall be deemed given on the date received by the addressee.

16. Term of Agreement. This Agreement shall remain in effect for the period beginning _______________, 2022 and ending _____________, 2025 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve -month periods following the Term.

17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.

18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.

In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal e ffect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.

19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this A greement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.

20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be en forceable without reference to any other counterpart.

21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

22. Effective Date. This Agreement shall be effective on the date first above w ritten, and also shall be the date the Agreement is executed.

AGENCY:

BY:

Plan Administrator Name
TITLE:

DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE:

EXHIBIT 1A

SERVICES

PARS will provid e the following services for the [Agency Name] Public Agencies Post - Employment Benefits Trust:

1. Plan Installation Services:
(A) Meeting with appropria te Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the document ation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan document ation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.

2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post -Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements /distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the app licable GASB pronouncements and/or statements , if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.

3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.

EXHIBIT 1B

FEES FOR SERVICES

PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:

An annual asset fee shall be paid from Plan assets based on the following schedule:

For Plan Assets from: Annual Rate:

$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%

Annual rates are prorated and paid monthly. The a nnual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.

EXHIBIT 1C

DATA REQUIREMENTS

PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:

1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms

2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)

3. Distribution – completed Payment Reimbursement /Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement /distribution from the Plan Administrator (or authorized Designee)

4. Other information pertinent to the Services as reasonably req uested by PARS and Actuarial Provider.

PENSION OPEB HM MANAGED
FEESCH 103 11.20.2017

Discretionary Trustee Fee Schedule
PARS Pension / OPEB Trust Program

This document is entered into by client and U.S. Bank National Association (“U.S. Bank”), as trustee.

Discretionary Trustee Fees
Discretionary Trustee Fees are based on the Investment Strategy you select. Following is a list of the Discretionary Trustee Fees applicable to each Investment Strategy:
■ Liquidity – First American U.S. Treasury Money Market – Fund level fees only (see prospectus) ■ Liquidity – First American Prime Obligation Fund Class Z – Fund level fees only (see prospectus) ■ Diversified Portfolios (Conservative, Moderately Conservative, Moderate, Balanced, Capital Appreciation, Custom) Per Annum Charges*
.35% on the first $5,000,000
.25% on the next $5,000,000
.20% on the next $5,000,000
.15% on the next $35,000,000
.10% on all over $50,000,000
*Waived for plan assets invested in First American Funds.

Other Fees
First American Funds (see prospectus)

Payment of Fees
■ Market values used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities and/or other timing issues. ■ Fees are calculated and charged to the account monthly. If account cannot be charged after 30 days, fees not paid will be subject to a late charge of 1% per month on the unpaid balance. ■ Changes to this Fee Schedule may be made at any time by U.S. Bank upon a sixty (60) days notice.

Acknowledged and Approved
Public Agencies Post-Employment Benefits Trust

Name of Plan/Trust Name of Employer

Print Name of Authorized Signer for Employer Title of Authorized Signer for Employer

Signature of Authorized Signer for Employer Date

U.S. Bank and its representatives do not provide tax or legal advice. Each client’s tax and financial situation is unique. Clients should consult their tax and/or legal advisor for advice and information concerning their particular situation.

SAMPLE

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING THE ADOPTION OF THE

PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUSTADMINISTERED

BY PUBLIC AGENCY RETIREMENT SERVICES (PARS)

WHEREAS, the City of Richmond (the “City”) is currently participating in the Public Agencies Post -Retirement Health Care Plan Trust for the pre -funding of its retiree health benefits and other post-employment benefits other than pension benefits (“OPEB”); and

WHEREAS, the City desires to set aside funds for the purpose of pre -funding its CalPERS pension obligation that will be held in trust for the exclusive purpose of making future contributions of the City’s required pension contributions and any employer contributions in excess of such required contributions at the discretion of the City; and

WHEREAS, PARS has made available the Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of pre -funding both pension obligations and/or OPEB obligations as specified i n the City’s plans, policies and/or applicable collective bargaining agreements; and

WHEREAS, the City is eligible to participate in the Program, a tax -exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax -exempt trust under the relevant statutory provisions of the State of California; and

WHEREAS, the City can manage the pre-funding of its pension and OPEB obligations in a single trust under this Program, thereby gaining administrative and cost efficiencies; and

WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and

WHEREAS, the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and

WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and

WHEREAS, the City reserves the right to make contributions, if any, to the Program.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond

1. The City Council hereby ado pts the Public Agencies Post -Employment Benefits Trust, effective _______________, 2022; and

2. The City Council hereby appoints the Director of Finance , or his/her successor or his/her designee as the City’s Plan Administrator for the Program; and

3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program; and

4. The City Council, in accordance with Section 3.3 of the Public Agencies Post - Retirement Health Care Plan Trust adopted effective April 1, 2008, hereby authorizes the withdrawal from said trust and directs the transfer of assets held in said trust to the OPEB Account established in the name of the City under the Public Agencies Post-Employment Benefits Trust, adopted herewith.

*****************************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

City of richmond ▎ 1
City of richmond
PARS 115 Trust – OPEB Review/Pension Rate Stabilization Program (PRSP) July 5, 2022

City of richmond ▎ 2
Contacts
Mitch Barker
Executive Vice President
(800) 540-6369 x116
[email protected]
Andrew Brown, CFA
Director, Senior Portfolio Manager
(415) 705-7605
[email protected]
Michael Wiehn, CFA
Institutional Relationship Manager
(415) 705-7181
[email protected]
Kevin O’Rourke
Senior Municipal Consultant
(707) 249-5356
[email protected]

City of richmond ▎ 3
Pars 115 Trust Team
Trust Administrator & Consultant
38 Years of Experience
(1984-2022)
2,000+
Plans under
Administration
1,000+
Public Agency
Clients
$6.7 B
Assets under
Administration
Investment Manager
• Investment sub-advisor to trustee U.S. Bank
• Investment policy assistance
• Uses open architecture
• Active and passive platform options
• Customized portfolios (with minimum asset level)
103
Years of Experience
(1919-2022)
$20.2 B
Assets under
Management &
Advisement
Trustee
• 5th largest commercial bank and one of the
nation’s largest trustees for Section 115 trusts
• Safeguard plan assets
• Oversight protection as plan fiduciary
• Custodian of assets
159
Years of Experience
(1863-2022)
$5.0 T
Assets under
Administration
490+
115 Trust Clients
• Serves as record-keeper, consultant,
and central point of contact
• Sub-trust accounting
• Coordinates all agency services
• Monitors plan compliance
(IRS/GASB/State Government Code)
• Processes contributions/disbursements
• Hands-on, dedicated support teams
500 K+
Plan Participants

City of richmond ▎ 4
Subaccounts
OPEB and Pension assets are
individually sub-accounted,
and can be divided by dept.,
bargaining group, or cost center
Assets in the PARS Section 115
Combination Trust can be used
to address unfunded liabilities.

Financial Stability
Allows separate investment
strategies for OPEB and
Pension subaccounts.

Flexible Investing
OPEB and Pension assets
aggregate and reach lower fees
on tiered schedule sooner –
saving money!
Economies-of-ScaleAnytime Access
Trust funds are available
anytime; OPEB for OPEB
and Pension for Pension.

No set-up costs, no minimum
annual contribution amounts,
and no fees until assets are added.

No Set Up Cost or Minimums
Existing OPEB-Only Trust
OPEB
PARS Section 115 Combo Trust
PARS IRS -Approved Section 115 Trust
Assets from your existing
OPEB trust can be quickly and
securely transferred to the PARS
Section 115 Combination Trust,
which is capable of prefunding
both OPEB & Pension.

OPEB Pension
prefund
either or both
General Fund
Transfer
GASB 75 GASB 68
Assets in both accounts are accounted
for separately per GASB rules.
$32.1 M
$32.1 M

City of richmond ▎ 5
490+ OPEB/PENSION clients including:

BAY AREA COUNTIES
Contra Costa
Napa
Solano
Sonoma

BAY AREA CITIES
Updated June 2022
Alameda
Atherton
Benicia
Brisbane
Burlingame
Colma
Cupertino
Daly City
Dublin
Emeryville
Fairfax
Fairfield
Gilroy
Half Moon Bay
Healdsburg
Hercules
Livermore
Los Altos Hills
Morgan Hill
Napa
Novato
Oakley
Orinda
Pacifica
Palo Alto
Piedmont
Pinole
Pittsburg
Pleasant Hill
Pleasanton
Redwood City
Richmond
Rio Vista
Rohnert Park
Ross
San Anselmo
San Leandro
San Ramon
Santa Clara
Sausalito
Tiburon
Union City
Vallejo
Woodside
Yountville

City of richmond ▎ 6
Summary of Agency’s OPEB Plan
AS OF MARCH 31, 2022:

Initial Contribution: June 2008: $3,700,000
Additional Contributions: $32,840,594
Total Contributions: $36,540,594
Disbursements: $12,787,109
Total Investment Earnings: $8,373,179
Account Balance: $32,126,665
Plan Type: IRC Section 115 Irrevocable Exclusive Benefit Trust Trustee Approach: Discretionary
Plan Effective Date: April 1, 2008
Plan Administrator: Finance Director/Treasurer
Current Investment Strategy: Balanced HighMark PLUS (Active) Strategy; Individual Account

City of richmond ▎ 7
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
Plan Year Ending
Contributions
Disbursements
Total Assets
Summary of Agency’s OPEB Plan
HISTORY OF CONTRIBUTIONS, DISBURSEMENTS, AND TOTAL ASSETS AS OF MARCH 31, 2022:

Year End Contributions Disbursements Total Assets
Dec-08 $3,700,000 $0 $2,925,446
Dec-09 $3,700,000 $3,668,450 $3,763,186
Dec-10 $1,165 $2,242,216 $1,733,127
Dec-11 $0 $0 $1,712,003
Dec-12 $49,022 $1,700,000 $175,354
Dec-13 $800,000 $0 $1,085,696
Dec-14 $2,520,369 $3,296,802 $338,507
Dec-15 $0 $0 $334,566
Dec-16 $1,782,535 $0 $2,176,816
Dec-17 $6,999,680 $0 $9,913,801
Dec-18 $7,503,066 $0 $16,395,146
Dec-19 $4,002,180 $1,879,640 $21,837,898
Dec-20 $3,201,709 $0 $28,404,719
Dec-21 $2,280,868 $0 $33,922,246
Dec-22 $0 $0 $32,126,665

City of richmond ▎ 8
OPEB Actuarial Results
Measurement Date:

June 30, 2020
Discount Rate: 5.76%
Measurement Date:

June 30, 2021
Discount Rate: 5.75%
Total OPEB Liability (TOL) $120,302,969 $123,244,653
Fiduciary Net Position $22,861,318 $32,439,802*
Net OPEB Liability (NOL) $97,441,651 $90,804,851
Funded Status 19.0% 26.3%
Service Cost $4,292,499 $2,072,959
Annual Benefit Payments
(Pay-as-you-Go)
$7,753,129
For FY 2019-20
$7,011,178
For FY 2020-21
*As of March 31, 2021, assets at $32,126,665 (approx. ~26.1% funded).

Rule of thumb: For every one percent increase in the discount rate, the unfunded liability is lowered by 10-12%.

City of richmond ▎ 9
PARS Pension Rate
Stabilization Program
for prefunding pension obligations
The

City of richmond ▎ 10
• Since 2015, GASB 68
has required disclosing
Net Pension Liability on financial
statements as a line item on the
balance sheet
• Before the concept of pension
prefunding, the only way to
reduce retirement system
unfunded liabilities was to send
additional contributions in
excess of annual required
employer contributions
• Pension trust prefunding
assets can be transferred to
the retirement system at the
Agency’s direction, which can
help offset future rate increases
(i.e., pension rate stabilization).

Background – Pension
CalPERS Changes
CalPERS has announced changes directly
affecting unfunded liability amounts and
employer contributions:

Lowering of Discount Rate 1
CalPERS lowered the
discount rate from 7.0% to 6.8%.

The impact is reflected in the
June 30, 2021 valuation reports.

Shortened Amortization Period 2
New actuarial liabilities are
amortized over 20 years instead of
30, increasing required annual
employer contribution amounts*

7.0%

6.8%
30 years
20 years
2 5-year ramp up in payments beginning
FY 15-16 with full impact in FY 19/20.
1 Contributions from policy changes beginning
FY 23-24.

City of richmond ▎ 11
Combined Miscellaneous
& Safety Groups *
Valuation as of
June 30, 2019
Valuation as of
June 30, 2020 Change
Actuarial Liability $1.194 B $1.219 B 2.1% ↑
Assets $843.6 M $852.8 M 1.1% ↑
Unfunded Liability $350.9 M $366.9 M 4.6% ↑
Funded Ratio 70.6% 69.9% 1.0% ↓
Employer Contribution Amount $38.5 M $40.4 M 4.9% ↑(FY 20-21) (FY 21-22) Employer Contribution Amount – Projected * --- $49.0 M 21.4% ↑(FY 27-28) Pension Funding Status
As of June 30, 2020, City of Richmond’s CalPERS pension plan is funded as follows:
* Data through 2027-28 from Agency’s latest CalPERS actuarial valuation.

City of richmond ▎ 12
Why Prefund Pension Obligations?
Complete Local Control over Assets
City has complete control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments

1. Pension Rate Stabilization
Assets can be transferred to the retirement system at the City’s direction, potentially reducing/eliminating large fluctuations in employer contribution amounts

2. Rainy Day Fund
Emergency source of funds when employer revenues are strained in difficult budgetary or economic times

3. Diversification
Allows for investment flexibility and offers the potential for assets to earn greater returns than the General Fund; spread the risk vs. sending additional money to CalPERS

4.

City of richmond ▎ 13
Strategy Equity (%) 1 Year 3 Years 5 Years 10 Years
Capital
Appreciation 65-85% 4.22% 11.34% 9.99% 9.19%
Balanced 50-70% 2.49% 9.69% 8.73% 7.94%
Moderate 40-60% 1.50% 8.42% 7.64% 6.99%
Moderately
Conservative 20-40% -0.56% 5.80% 5.48% 5.16%
Conservative 5-20% -2.02% 3.88% 3.92% 3.79%
HighMark Capital Management

ACTIVE PORTFOLIO RETURNS
* Past performance does not guarantee future results.

As of March 31, 2022

City of richmond ▎ 14
Plan Set-Up Fee: Ongoing Fees:

None 0.35% for assets under $5 million

0.25% for assets $5-10 million

0.20% for assets $10-15 million

0.15% for assets $15-50 million

0.10% for assets over $50 million
Program Fees
Plan Set-Up Fee: Ongoing Fees:

None 0.25% for assets $0-10 million

0.20% for assets $10-15 million

0.15% for assets $15-50 million

0.10% for assets over $50 million
* PARS does not receive any compensation from the investments or any commissions, back-end loads, or any other forms of compensation. ** Subject to change due to rebalancing, as fees are waived for plan assets in First American Funds (money market) Trust Administration/Consulting Fees*
Discretionary Trustee/Investment Management Fees**
As of March 31, 2021

City of richmond ▎ 15
Why take this step?

1. Smooths out pension rate volatility

2. Offers hedge against Inflation

3. Provides a fiscal tool in your financial toolbox

4. Prepares today for tomorrow’s pension realities
Questions?

City of richmond ▎ 16
Why PARS?

1. 115 Trust services for Prefunding Pension and OPEB is our Core business, unlike CalPERS

2. Market pioneer and leader with over 270 PRSP client agencies in California (approximately 70 for CalPERS)

3. 1st IRS-approved Section 115 Combination Trust (prefunding both OPEB and Pension in the same trust); CalPERS CEPPT does not have IRS approval

4. Can reimburse Agency for up to 2 years of expenses (current year + prior year) vs. CalPERS who only reimburses for 1 year; helpful in an emergency or tough budget year

5. Dedicated Portfolio Manager
• Fiduciary responsibility
• Investment policy assistance
• Annual onsite reviews
• Cell phone access

6. Choice of 5 risk tolerance levels (active or passive) and custom option vs. 2 passive options only for CEPPT

7. Greater Net Performance (8.59% vs. 7.98% for CalPERS; 10-Year Returns as of 3/31/22)

July 19, 2022

Finance Department

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Delmy Cuellar, Director of Finance
Antonio Banuelos, Accounting Manager
Gabino Arredondo, Project Manager

Subject:

Ordinance Allowing for the Credit of Rent Board Fees
Paid by Landlords with Four or Fewer Rental Units
Against the Gross Receipts Tax Obligation
FINANCIAL IMPACT: The financial impact of adopting the proposed Ordinance allowing for the credit of Rent Board fees paid by
landlords owning four or less residential units is
approximately $1.6 million less business tax collected per year. The FY 2022-2023 budget already includes this
reduction in General Fund business tax revenue.

PREVIOUS COUNCIL
ACTION:

November 16, 2021
December 21, 2021
July 5, 2022

STATEMENT OF THE
ISSUE:

This proposed Ordinance allows for the crediting of Rent Board fees paid by landlords with four or fewer residential units against their gross receipts tax obligation.

RECOMMENDED ACTION:

ADOPT an ordinance (second reading) allowing
landlords with four or fewer residential units to credit their paid Rent Board fees against their gross receipts tax
obligation – Finance Department (Delmy Cuellar 510-
620-6740/ Antonio Banuelos 510-620-6741).

AGENDA
REPORT

July 19, 2022
DISCUSSION:

City Council placed a measure on the November 3, 2020, ballot that was approved by the voters, which changed the Business Tax calculation methodology to be based on gross receipts instead of the prior method based upon the number of employees employed by a business.

Rent Board Fee Credit

At the November 23, 2021, City Council directed City staff to prepare Measure U regulations to allow landlords of four or fewer residential units to credit their paid Rent Board fees against their gross receipts tax obligation for the same period.

On December 21, 2021, City Council approved a Resolution allowing landlords with four or fewer residential units to credit their paid Rent Board fees against their gross receipts business tax obligation. The approved resolution only gave direction for one year. The proposed Ordinance will codify City Council direction that is currently in place and the item will not need to return to City Council for further extension.

Measure U was projected to result in new revenue growth of over $6 million per year ($9.5 million total) in Business Tax revenues assuming full implementation of Measure U. The City’s estimate included revenues anticipated from both residential properties as well as commercial businesses operating in Richmond. Based on current Rent Board rates, approximately $1.6 million is paid by owners of small residential properties. This amount will be credited to their Business Tax and thus will reduce the Business Tax collected. The proposed FY 2022-2023 budget includes the $1.6 million reduction from residential rental properties.

The proposed Ordinance implements City Council’s direction, which would require a landlord to demonstrate that the Rent Board fees were paid in a timely manner to receive the gross receipts tax credit.

Next Steps

During the next few weeks, City staff will continue to provide information and support to the business community. The Finance Department will provide enhanced business tax advice services to the Richmond business community, which includes in person, phone calls, through our online payment portal, and through virtual online appointments. The community can leave questions for Finance staff on the business tax hotline at (510) 620-5555 or email [email protected] and we will return these questions as quickly as possible.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance

ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”

The City Council of the City of Richmond do ordain as follows:

SECTION 1. Section 7.04.210 of the City of Richmond Municipal Code is hereby amended to add Section 7.04.210 (E)(3) to read as follows:

3. Any person owning four or fewer residential rental units under this Section may receive a credit from their gross receipts tax obligation under this Section in an amount equal to the Rent Board fees paid to the City during the same period, upon demonstration in writing and approved by the City Manager or their designee that such fees were paid in a timely manner.

SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 3. This Ordinance becomes effective thirty (30) days after its final passage and adoption.

*****************************
(This section to be completed by Clerk’s Office)

First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

July 19, 2022

Library and Community Services

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Library and Community
Services Director
Ranjana Maharaj, Deputy Director of Community
Services-Recreation
Tetteh Kisseh, Recreation Supervisor

Subject:

Resolution to Accept and Appropriate Grant Funds
Received from Janet Johnson with Sistas On The Links
Golf Club for Instructional Summer Youth Golf Program
at the Martin Luther King, Jr. Softball Field
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The grant funds will fully cover the cost of the youth golf program. The Community
Services Department-Recreation Division will adjust its budget accordingly and establish a project code for this program.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Community Services Department-Recreation
Division received a donation in the amount of $3,500
from the Sistas On the Links Golf Club to include a golf program as part of the Youth Summer Sports Camp at
the Martin Luther King, Jr. Park.

AGENDA
REPORT

July 19, 2022
RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE
grant funds, in the amount of $3,500 from Sistas On The Links Golf Club, to fund a summer youth golf program at Martin Luther King, Jr. Park – Library and Community
Services, Recreation Division (LaShonda White/Ranjana
Maharaj/Tetteh Kisseh 510-620-6919).

DISCUSSION:

The Community Services Department -Recreation Division has held summer sports camps at the Martin Luther King, Jr. Baseball Field (MLK Baseball Field) for the past five years. The Summer Sports Camp includes tennis, soccer, and basketball. This year, the Recreation Division received a donation in the amount of $3,500 from the Sistas On the Links Golf Club to include a youth golf program as part of the Summer Sports Camp.

The four (4)-week youth summer sports program serves approximately 80 kids in the age range of 8 to 12 years old. This program also includes lessons on life-skills, nutrition, and how to lead active and healthy lifestyles. It will be a great honor to incorporate the Youth Golf Program into the established four (4)-week Youth Sports Camp. Golf will be an additional sport the kids can learn to play.

City staff is requesting City Council approval of a resolution to accept and appropriate the grant funds and adjust the FY 2022-2023 revenues and expenditures by $3,500.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Award Letter

RESOLUTION NO. ________

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND CALIFORNIA ACCEPTING AND APPROPRIATING $3,500 DONATED TO THE CITY FROM

JANET JOHNSON WITH SISTAS ON THE LINKS GOLF CLUB

WHEREAS, the City of Richmond Community Services Department - Recreation Division received a donation in the amount of $3,500 in FY 2021-2022 from Janet Johnson with Sistas On the Links Golf Club to support a Summer Youth Golf Program; and

WHEREAS, the additional funding of $3,500 will be used towards the purchase of program supplies and pay the golf instructor for the Summer Youth Golf Program; and

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond to accept and appropriate $3,500 from the Sistas on the Links Golf Club and adjust the FY 2022- 2023 revenues and expenditures by $3,500 in the Community Services Department - Recreation Division budget.

*****************************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

July 19, 2022

Library and Community Services

DATE: July 19, 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
Subject: Approve a Fee Waiver Policy and Partnership Policy FINANCIAL IMPACT: The Community Services Department - Recreation Division charges fees, aligned with the City Council-
approved Master Fee Schedule, for programs and facility usage to help cover the cost of providing such services and maintaining facilities.

While the positive impact on the availability of services is important, adoption of the fee reduction/waiver policy and partnership policy will decrease the amount of revenue
that the Recreation Division collects annually.

Between the past four years beginning in Fiscal Year
(FY) 2016-2017 through Fiscal Year 2019-2020, permit
fees for various events totaled approximately $640,000
($160,000 annually); however, a total of approximately
$462,000 ($115,000 annually) in applicable fees were
reduced or waived as a result of fee reductions. The total amount of fee reductions include a combination of
approved 25 percent reductions for community-based
organizations, 50 percent reductions for governmental
entities, and 100 percent fee waivers approved by
executive management. As a result of the COVID
pandemic, FY 2019-2020 and FY 2020-2021 do not
provide a full year of “normal” data as rental requests and fees were down substantially.

AGENDA
REPORT

July 19, 2022

In addition, the amounts set forth above may not
incorporate all the reduced or waived fees associated
with partnership agreements/memorandums of
understanding between the City of Richmond and non-
profit organizations.

PREVIOUS COUNCIL
ACTION:

March 15, 2022

STATEMENT OF THE
ISSUE:

The Community Services Department - Recreation
Division (Recreation) recognizes the value of partnering with outside organizations to provide services that benefit the Richmond community. To provide support to
organizations that provide a community service and to
create an equitable process, City staff is bringing forth a fee waiver policy for determining when event-related fees can be waived, and a partnership policy to expand or
enhance the services provided to Richmond residents.

RECOMMENDED ACTION:

APPROVE the City of Richmond’s fee waiver and
partnership policies; and AUTHORIZE City staff to make
administrative changes to both policies and
corresponding applications, as necessary, to improve the successful implementation of both policies - Community
Services (LaShonda White/Ranjana Maharaj 620-6828).

DISCUSSION:

The Community Services Department-Recreation Division (“Recreation”) strives to be an exceptional steward over facilities, parks, and funding for programs and services.

Historically, Recreation charges fees for programs and facility/park usage to help cover the cost of providing such services and maintaining facilities. Charging fees is a standard practice in the Recreation and Parks sector when individuals, private groups, government, or non-profit groups wish to reserve and exclusively utilize public facilities.

For many years, Recreation has worked with a variety of individuals and organizations to provide programs and services to Richmond residents and members of the public at- large. Organizations have increasingly requested fee waivers to support their program delivery. Additionally, requests for partnerships between the City and organizations have steadily grown. This has caused Recreation to recognize the need to create more formal policies and procedures to ensure that fee waiver approvals and partnerships are consistent with the mission of Recreation and to ensure that organizations are treated with consistency and in an equitable manner.

July 19, 2022
City Council requested that City staff develop and bring forth comprehensive fee waiver and partnership policies for consideration. In order to provide an equitable process, City staff recommends the creation of policies and procedures for (1) fee waivers for events or temporary uses of City facilities and/or parks1, and (2) the development of partnership policies for longer-term collaborations between the City of Richmond and community-based organizations for the benefit of the Richmond community. City staff is bringing forth a fee waiver policy and draft partnership policy for City Council review, discussion, and feedback.

City staff brought drafts of both policies before City Council on March 15, 2022, for discussion and recommended edits. City staff subsequently brought the drafts to the Recreation and Parks Commission on April 6, 2022, for consideration and approval; however, the drafts were not approved by this body until May 4, 2022, due to lack of quorum during the previous meeting. City staff incorporated input from City Council, the Commission, and community into both policies, and is bringing the policies, along with corresponding applications and other relevant documents before City Council on July 19, 2022, for final adoption.

Fee Waiver Policy

Historically, it appears the majority of waived fees related to parks and facilities usage were processed on a case-by-case basis with the ultimate decision made by the City Manager. The purpose of the proposed draft fee waiver policy for City Council’s consideration is to establish fiscally responsible guidelines to equitably evaluate and consider fee waiver requests for one-time events or temporary uses of City facilities and parks (Attachment 1).

Under the proposed policy, fee waivers may be submitted by organizations that fall within the following categories:

1) Intergovernmental Cooperation
2) Non‐profit Organization
3) Official City of Richmond Partner
4) City of Richmond Co-Sponsored Event

Recreation staff collects fees based on the approved Master Fee Schedule to help cover the cost of providing services and maintaining facilities. While the positive impact on the availability of services is important, adoption of the fee reduction/waiver policy and partnership policy will decrease the amount of revenue that the Recreation Division collects annually.

1 Definition of fee waiver: the granting of a reduction or dismissal of a required fee normally charged for the use of a facility or park.

July 19, 2022
The draft policy outlines the following:

 Purpose of the policy
 Eligibility
 Eligible and ineligible uses
 Procedures
 Acknowledgements
 Criteria
 Schedule
 Proposed application components

Fee Waiver Timeline

The timelines for the Fee Waiver/Partnership requests will be handled according to the schedule below. The applications for Quarter 1 are due on October 1, 2022. The events for this Quarter are to start during the months of January 2023 to March 2023.

QUARTER EVENT START
MONTH

APPLICATION DUE APPROVAL/DENIAL

NOTIFICATION
QUARTER 1 January
February
March
October 1st November 1st
QUARTER 2 April
May
June
January 1st February 1st
QUARTER 3 July
August
September
April 1st May 1st
QUARTER 4 October
November
December
July 1st August 1st

Any requests received for any events starting prior to the Quarter 1 deadlines (i.e., during the months of August 2022 through December of 2022) will be reviewed on an individual basis.

With the start of Quarter 1 of 2023, City staff strongly encourage and expect organizations to adhere to the schedule below when requesting a fee waiver. The schedule allows Recreation staff to effectively process application requests and manage their various workloads. While it is important for requests to be submitted in alignment with the timeline, City staff understands that there may be times when event planning does not neatly fit within the schedule. City staff will review and consider applications that are submitted outside of the schedule on a case-by-case basis.

Partnership Policy

The purpose of the Partnership Policy is to establish policies, guidelines and procedures that govern how partnerships between the Recreation and external entities are

July 19, 2022
evaluated, created, and managed (Attachment 2 and Attachment 3). This policy would cover organizations interested in longer-term use of City facilities or parks and such organizations’ desire to expand or enhance the services provided to Richmond residents (i.e., youth sports programs, Adopt-A-Spot, and beautification programs).

Depending on the type of partnership, these agreements may or may not include fee waivers.

This policy will allow Recreation to be proactive rather than reactive when presented with a partnership opportunity. It also sets a “level playing field” for all potential partners, so that they can know and understand in advance the parameters and selection criteria for a proposed partnership. A major component in exploring any potential partnership will be to identify additional collaborating partners that may help provide a synergistic working relationship in terms of resources and community contributions.

The draft policy includes the following sections:

 Purpose of the policy
 Background
 Partnership purpose
 Partnership categories
 Required conditions
 Partner expectations
 Costs for Approval Process
 Definitions
 Application

Next Steps

As both policies are implemented, City staff encourages feedback from organizations regarding the policies, process, and timelines. City s taff requests the ability to make administrative changes to the policies, the applications, and the memorandum of understanding, after review and input by the City Attorney’s Office, if those changes are not substantial and can support the successful imple mentation of the policies. City staff will bring any major recommended changes before City Council for consideration and approval.

City staff plans to provide periodic updates to the Recreation and Parks Commission and City Council regarding the implement ation and fiscal impact of the fee waiver and partnership policies.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Facility Fee Waiver Policy and Application Attachment 2 - Proposed Partnership Policy and Application Attachment 3 – Partnership Agreement/Memorandum of Understanding Template