2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 5 of 13 -
1 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: City of Richmond
Implementing Entity(ies):
Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided)
Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
2. Neighborhood Clean-ups
Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: City of Richmond
Implementing Entity(ies):
City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities) Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes)
Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
3. Prevention Services Coordinator
Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge1) on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 6 of 13 -
associated referrals to applicable public agencies, including right-of-way referrals for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 10 and 13. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position and issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Reporting/Payment Requirements
: Effective July 1, 2012, CHDC shall provide
required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
4. City/County Right-of-Way Pick-up & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement* in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: City of Richmond
Implementing Entity: Richmond Police Department’s Code Enforcement Division
Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Police Department’s Code Enforcement Division shall provide required data pertinent to Strategy 4 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).
5. Code Enforcement Staff - County
Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 7 of 13 -
Administering Agency: Contra Costa County
Implementing Entity
: County Department of Conservation & Development’s
Building Inspection Division
Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
6. Illegal Dumping Law Enforcement
Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: Contra Costa County
Implementing Entity
: County Sheriff’s Office
Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
7. Surveillance Cameras
Fund the cost of cameras, camera infrastructure, camera signage and costs related to monitoring, maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area.
Cameras will be used to assist the dedicated Illegal Dumping Law Enforcement officer prevent dumping in targeting specific locations where illegal dumping occurs most regularly.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: Contra Costa County
Implementing Entity(ies):
Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available)
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 8 of 13 -
County Sheriff’s Department (coordinate monitoring of FlashCams or other camera systems located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed)
County Public Works Department (install/clean/move FlashCam or other camera systems cameras located within the unincorporated NR area upon request if funding is available)
Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 7 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future.
8. Code Enforcement Staff - City
Fund at least a portion of City code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated Mitigation Funding Area.
Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: City of Richmond
Implementing Entity
: City Department of Infrastructure Maintenance & Operations
Reporting/Payment Requirements
: Effective July 1, 2020, the City Department of
Infrastructure Maintenance & Operations shall provide required data pertinent to Strategy 8 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).
SUPPLEMENTAL ENHANCEMENTS
9. Community Services Coordinator
Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall:
• serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, illegal dumping, and blight using referral process identified by the City and County;
• coordinate outreach activities related to illegal dumping and beautification 2Administering agency contracting charge is $3,000 per contract.
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 9 of 13 -
within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 11 & 12; and
• Identifying potential sites for Strategy 10 Clean-Up Projects. • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity
: Community Housing Development Corporation (CHDC).
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
10. Community Clean-up Projects
Fund the implementation, oversight and administering agency contracting charges3 of community clean-up projects with specific focus on reducing blight. Community clean-up projects may involve the removal of debris and/or landscaping maintenance. Sites to be cleaned shall be in the Mitigation Fee Funding area and designated by the Administering Agency. The number of sites to be cleaned will be determined by the amount of funding allocated.
A breakdown of contracting costs and amount awarded to the Implementing Entity is contained in the Community Clean-up Project Table included as Attachment 2.
Up to 15% of the Implementing Entity’s Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversight.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County. Community Housing Development Corporation (CHDC) may under contract with the County as an Administering Agency, administer Community Clean-Up Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Community Clean-Up Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community Clean-Up Projects shall not be issued by CHDC without the written approval of City and County Committee Staff.
Implementing Entity
: See Community Clean-up Project Table in Attachment 2
3Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation as described in Administering Agencies section below).
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 10 of 13 -
4 Administering agency contracting charge applies ($3,000 per contract) Reporting/Payment Requirements: Any Community Clean-Up Projects shall be subject to the Reporting & Invoicing Requirements specified in the template Memorandum of Understanding included in Attachment 1. Attachment 1 only applies to Community Clean-Up Project contracts with the Implementing Entities.
The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available for payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided.
11. North Richmond Green Community Services Programs
Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan:
• NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation.
• NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean-ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity: Community Housing Development Corporation (CHDC).
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
12. North Richmond Green Campaign
Fund the design, printing and/or distribution of education and outreach materials on a contract basis
4 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly:
• Inform the community about Mitigation Fee funded programs/efforts, • Increase participation in Mitigation funded programs/efforts,
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 11 of 13 -
• Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area.
The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff:
• STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required)
• NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and other local beautification efforts as well as fun activities for kids and food.
Materials promoting the event shall include the NRGreen.org website as well as a local phone number.
• SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity
: Community Housing Development Corporation (CHDC).
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
13. Garden Projects
Community Garden Projects: Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area. The projects selected under this Strategy has been funded on an on-going basis.
Garden Retrofit Projects: Fund the development and implementation of educational garden retrofit events within the Primary Funding Area. Sites for garden retrofits shall be selected via an application process administered by the implementing Entity and approved by County/City staff. Garden retrofit applications will be ranked based on the applicant’s ability/willingness to maintain the garden after installation, the visibility of the site from the street, and the size of the garden site.
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 12 of 13 -
The number of garden sites to be retrofitted will be determined by the amount of funding allocated. Garden retrofits shall contain drought-tolerant, native plants.
Details, including recommended allocation amounts, for Projects are included in Attachment 4. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 4 may be used for administrative oversite.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agencies: Contra Costa County.
5 Community Housing Development
Corporation (CHDC) may under contract with the County as the Administering Agency, administer Community Garden & Garden Retrofit contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Projects (after subtracting City/County contracting cost) to oversee implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Community Garden & Garden Retrofit Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff.
Implementing Entity
: Various Non-Profit Organizations (see Garden Projects Table in Attachment 4)
Reporting/Payment Requirements: Any Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Attachment 3 only applies to the Garden Project contracts with the Implementing Entities.
CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 3 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff.
14. Mobile Tool Lending Library
Fund the development, implementation, and on-going maintenance of a mobile tool lending library that is accessible to the public within the Mitigation Fee Primary Funding Area at least once a week. Funding is intended to pay for the purchase of educational material, tools, costs related to the tool lending system & trailer/tool maintenance, and personnel/labor.
Administering Agency
: City of Richmond
Implementing Entity: City of Richmond Community Services Department
2021/2022 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 13 of 13 -
Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond Community Services Department shall provide required data pertinent to Strategy 15 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
STAFF COSTS
Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing.
Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein.
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\2021-22 NRMF EP_Clean.doc
TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN
AND
COMMUNITY HOUSING DEVELOPMENT CORPORATION
This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement.
OVERVIEW:
The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of $19,400 to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area.
TERM: The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid.
I. Contractor’s Obligations
The Contractor shall administer the _________, as described herein for an amount not to exceed $19,400 involving the following activities:
A. Recruit and Hire up to four (4) workers
1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language.
2. Contractor will interview, select and hire up to four workers.
3. Contractor will host training for new hires that discusses the proper procedures of dispos al of hazardous waste (televisions, phones, batteries, tires, paint etc.).
Task A - Deliverables:
1. Documentation of publicized job announcement in English/Spanish with required jointly funded language.
2. Documentation of hiring papers.
B. Clean up to eight (8) North Richmond Sites Approved by the County
1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up.
a. Addresses provided by the County or City will include a description of waste onsite. b. Addresses provided by the County o r City shall only be selected once for clean -up unless directed otherwise by County Staff.
2. Contractor will confirm with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including waste that is recyclable, hazardous or requires special handling. Procedures shall be submitted and approved by the County before the site is cleaned up.
Attachment 1
3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.
4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris removed from the area during clean -up, using a log or other method agreed upon in advance.
5. Contractor shall demonst rate how the materials/debris re moved during the clean-up were transported and where each type was properly recycled, composted or disposed.
Task B - Deliverables:
1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.
2. Before photos of the entire site before the material/debris has been cleaned up.
3. Completed Contractor’s Log identifying the types and amount of material/debris removed.
4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.
5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.
For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.
C. Attend Community Meetings and Events
1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31 st,
March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.
Task C - Deliverables:
1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings
D. Reporting & Invoicing
1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.
Task D- Deliverables:
1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose
2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.
3. Completed Final P rogress Report addressing the e ntire pro ject to be submitted with the final invoice consistent with Section III.3.a.
E. Eligible Costs:
Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.
Budget Line Items by
Task/Deliverable Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750 Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to eight (8) designated locations in the NRMF Funding Area $ 14,400
Deliverable 1 - Procedures 8 each $200 $1600-
Deliverable 2 - Before
Photos 8 each $300 $2,400-
Deliverable 3 - Contractors
Log 8 each $400 $3,200-
Deliverable 4 - After Photos 8 each $300 $2,400-
Deliverable 5 - Disposal
Documentation 8 each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400
SUBTOTAL $ 19,400
Fiscal Agent (10% of amount
invoiced) $0
TOTAL BUDGET &
ALLOWABLE PAYMENTS $ 19,400
II. CHDC’s Obligations
Subject to the payment limit of $19,400 CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County
authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.
III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $19,400. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.
1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.
2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.
4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.
SIGNATURES: Executed on the dates and by the persons named below.
Date: ____________________________ Date: _________________________________
By: _________________________________ By: ___________________________________
Name: _______________________________ Name: ________________________________
IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.
Signature:________________________________________________________________
Name: __________________________________________________________________
Title: ___________________________________________________________________
Date: ___________________________
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 1_Clean_V2.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment
Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North
Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 $ 124,999.76 $ 75,750.00 $ 3,000.00 $ 14,550.00 $ 58,200.00 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding.
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.
Attachment 2 - Community Clean-up Projects Table (Strategy 10) 2021/22 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $75,750.00 is recommended to be allocated in the 2021/2022 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.
Community Clean-up Projects Recommended for Funding in 2021/2022
Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments
Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.
Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.
The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.
The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.
Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.
Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).
Acknowledgment Required on Outreach & Promotional Materials Attachment 3
Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address.
Authorized Advance Payments
In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task.
Conflict of Interest Provisions
Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County).
Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th.
Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment.
1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested.
2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation.
b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice.
City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement.
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 3.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 Attachment 4 - Garden Projects (Strategy 13)
2021/2022 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2021/2022 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2021/2022
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018.
Southern boundary
shown on back side
Attachment 5
Hensley St
Garrard Blvd
Richmond Pkwy
7th St
Hensley St
Duboce Ave
Sanford Ave
8th St
Willard Ave
9th St
York St
Vernon Ave
Filbert St
Lincoln Ave
Battery St
Factory St
N Castro St
Kelsey St
6th St
Triangle Ct
Leo St
10th St
Amstan Ln
Cherry St
Lucas Ave
Presco Ln
Joy Ave
Enterprise Ave
Factory St
Committee Approved Additions to Primary Mitigation Funding Area Market Ave
Chesley Ave
Rum
rill Blvd
Legend
July 2006 Additiion to Mitigatin Funding Area
Primary Mitigation Funding Area
²
0 130 260 390 52065
Feet
Amended North Richmond Waste & Recovery Mitigation Fee
2022/2023 Expenditure Plan
The Waste & Recovery Mi tigation Fee was established as a result of the Environmental Impact Report (EIR) certified in July 2004 for the WCCSL Bulk M aterials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows:
“Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the appl icable p ermitting author ity(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.”
In July 2004, the City of Richmond and Contra Costa County entered into a Mem orandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure P lanning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host com munity, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors.
By approving this Expenditur e Plan, the City Council and Board of Supervisors authorize the use of Mitigation Fee funding for only the purposes and in the amounts specified herein. The City and County have each designated their respective staff persons responsible for administering the development and implementation of the approved Expenditure P lan, which includes responsibility for drafting and interpreting Expenditure Plan language. However, the City and County have not delegated to the Committee or to staff the authority to expend funding for purposes not clearly identified in the Expenditure Plan document officially approved by their respective decision-making bodies.
Activities which can be funded in this Expenditure Plan period with the Mitigation Fee amounts specified within this Expenditure Plan are described herein as “Strategies” or “Staff Costs”.
Strategies are categorized as either “Core Services” or “Supplemental Enhancements” . Core Services includes the higher funding priority s trategies that most directly address the intended purpose of this City/County approved Mitigation Fee, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”.
All references to the “Mitigation Fee Primary Funding Area” or “Mitigation Fee Funding Area” pertain to the geographic area shown in the attached map (Attachment 5).
Expenditure Plan Period: July 1, 2022 - June 30, 2023
(unless otherwise specified herein)
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 2 of 13 -
BUDGET
The funding allocation amounts included in this document apply to the Expenditure Plan Period specified on the first page unless otherwise specified herein. The total amount of funding allocated in the Expenditure Plan Budget is based on revenue projections provided by the BMPC operator, Republic Service, which are dependent upon multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per ton Mitigation Fee). Actual Mitigation Fee revenue may deviate from revenue projections provided by Republic and used to prepare this Budget. A “Contingency” line item is included in the Budget to help accommodate variations between projected and actual r evenue.
Excess funding allocated to strategies and not expended by the end of each Expenditure Plan period is treated as “roll-over” funding for reallocation in a subsequent Expenditure Plan period.
The Budget includes some line items that are based on fixed costs, however there are other line items which are scalable and/or dependent on utilization thereby providing flexibility to reallocate amounts if and when a significant need is identified. Allocated funding may remain unspent due to under-utilization of a particular program. If the amount allocated to a particular line item is determined to exceed needs based upon usage, the remaining funding can only be reallocated by officially amending the Expenditure Plan. This Expenditure Plan may only be adjusted upon official action taken by both the City and County. Although there has been some interest in allowing flexibility for staff to adjust funding allocations under specific circumstances, the authority to approve or modify the Expenditure Plan rests solely with the City Council and Board of Supervisors.
Annual fiscal year Expenditure Plan cycle is expected to reduce margin of error of Mitigation Fee revenue projection s, streamline financial reconciliation/budgeting process a nd minim ize need to amend Expenditure Plans mid-cycle. Amending Expenditure Plans involve administrative burden and costs due to the joint approval needed from both the Richmond City Council and County Board of Supervisors. In order to minimize the amount of funding needed to cover staff costs incurred to amend the Expenditure Plan, staff will only recommend changes to the Expenditure Plan when necessary to address a significant or time-sensitive need.
# Expenditure Plan (EP) Strategy
Amended
Budget
Allocations for
2022/2023
1 Bulky Item Pick-ups & Disposal Vouchers 1,000.00$
2 Neighborhood Clean-ups 30,000.00$
3 Prevention Services Coordinator 50,726.75$
4.A. City/County Right-of-Way Pick-ups & Tagging Abatement 40,000.00$
4.B. City/County Right-of-Way Pick-ups 20,000.00$
5 Code Enforcement Staff - County 91,850.60$
6 Illegal Dumping Law Enforcement 175,814.30$
7 Surveillance Cameras -$
8 Code Enforcement Staff - City 26,666.67$
9 Community Services Coordinator $ 90,909.09
10 Community Clean-Up Projects (See Attachment 2) 86,550.00$ 11 North Richmond Green Community Service Programs 20,042.00$ 12 North Richmond Green Campaign 10,500.00$
13 Garden Projects (See Attachment 4) 48,179.79$
14 Mobile Tool Lending Library 35,540.00$
Contingency (10% of Projected Revenue) 79,816.50$
Subtotal (without Committee Staffing) 807,595.70$
X Committee Administration/Staffing 90,000.00$
Total Projected Revenue in 2022/2023 (July 1, 2022 thru June 30, 2023) 798,165.00$ 99,430.70$
897,595.70$
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
BUDGET TABLE
Core ServicesSupplemental
Enhancements
Roll-over Funding from Prior EP Cycle(s)
Total 2022/2023 Expenditure Plan Budget
- Page 3 of 13 -Page 503 of 1565
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 4 of 13 -
DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING
Funding allocation amounts for each strategy are specified in the Budget table on page
3. The following Strategies describe the activities allowed to be funded with the amounts allocated to each in the Budget (associated allowable agency staff costs are described in the Staff Costs section). Strategies are grouped based on relative funding priority levels and the “Core Services” category contains higher priority Strategies than the “Supplemental Enhancements” category. Higher funding priority Strategies are those which best address the Fee’s intended purpose, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”).
Level 1 Priority - PRIMARY CORE SERVICES STRATEGIES
• 1 - Bulky Item Pick-ups & Disposal Vouchers
• 2 - Neighborhood Clean-ups
• 4.A. - City/County Right-of-Way Pick-ups & Tagging Abatement • 4.B. - City/County Right-of-Way Pick-ups
• 5 - Code Enforcement Staff – County
• 6 – Illegal Dumping Law Enforcement
• 8 – Code Enforcement Staff – City
Level 2 Priority - SECONDARY CORE SERVICES STRATEGIES
• 3 - Prevention Services Coordinator
• 7 - Surveillance Cameras
Level 3 Priority - PRIMARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 9 - Community Services Coordinator
• 10 - Community Clean-up Projects
• 11 - North Richmond Green Community Services Programs • 12 - North Richmond Green Campaign
• 13 - Garden Projects
• 14 - Mobile Tool Lending Library
CORE SERVICES
1. Bulky Item Pick-ups & Disposal Vouchers
Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to:
o Request up to one on-call pick-up service per household per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS), only available to those with an active account with RSS; or
o Request up to twelve $5 vouchers per household for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed).
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 5 of 13 -
1 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: City of Richmond
Implementing Entity(ies):
Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided)
Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
2. Neighborhood Clean-ups
Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: City of Richmond
Implementing Entity(ies):
City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities)
Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes)
Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
3. Prevention Services Coordinator
Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge 1)
on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle associated referrals to applicable public agencies, including right-of-way referrals for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 10 and 13.
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 6 of 13 -
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position that issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Reporting/Payment Requirements
: Effective July 1, 2012, CHDC shall provide
required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
4.A. City/County Right-of-Way Pick-ups & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: City of Richmond
Implementing Entity: Richmond Public Works Department’s Abatement Division
Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Public Works Department’s Abatement Division shall provide required data pertinent to Strategy 4.A. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).
4.B. City/County Right-of-Way Pick-ups
Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping in the public right-of- way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 7 of 13 -
Administering Agency: Contra Costa County
Implementing Entity: Republic Services
Reporting/Payment Requirements: Effective July 1, 2022, Contra Costa County’s Department of Public Works shall provide required data pertinent to Strategy 4.B. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
5. Code Enforcement Staff - County
Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: Contra Costa County
Implementing Entity
: County Department of Conservation & Development’s
Building Inspection Division
Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
6. Illegal Dumping Law Enforcement
Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: Contra Costa County
Implementing Entity
: County Sheriff’s Office
Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the strategy-specific invoicing/reporting requirements and schedule
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 8 of 13 -
developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
7. Surveillance Cameras
Fund the cost of cameras, camera infrastructure, camera signage and costs related to monitoring, maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area.
Cameras will be used to assist the dedicated Illegal Dumping Law Enforcement officer prevent dumping in targeting specific locations where illegal dumping occurs most regularly.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: Contra Costa County
Implementing Entity(ies):
Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available)
County Sheriff’s Department (coordinate monitoring of FlashCams or other camera systems located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed)
County Public Works Department (install/clean/move FlashCam or other camera systems cameras located within the unincorporated NR area upon request if funding is available)
Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 7 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future.
8. Code Enforcement Staff - City
Fund at least a portion of City code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated Mitigation Funding Area.
Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency
: City of Richmond
Implementing Entity
: City Department of Infrastructure Maintenance & Operations
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 9 of 13 -
Reporting/Payment Requirements: Effective July 1, 2020, the City Department of Infrastructure Maintenance & Operations shall provide required data pertinent to Strategy 8 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).
SUPPLEMENTAL ENHANCEMENTS
9. Community Services Coordinator
Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall:
• serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, illegal dumping, and blight using referral process identified by the City and County;
• coordinate outreach activities related to illegal dumping and beautification within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 11 & 12; and
• Identifying potential sites for Strategy 10 Clean-Up Projects. • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity
: Community Housing Development Corporation (CHDC).
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
10. Community Clean-up Projects
Fund the implementation, oversight and administering agency contracting charges3 of community clean-up projects with specific focus on reducing blight. Community clean-up projects may involve the removal of debris and/or landscaping maintenance. Sites to be cleaned shall be in the Mitigation Fee Funding area and designated by the Administering Agency. The number of sites to be cleaned will be determined by the amount of funding allocated.
2 Administering agency contracting charge is $3,000 per contract. 3 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section).
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 10 of 13 -
4 Administering agency contracting charge applies ($3,000 per contract) A breakdown of contracting costs and amount awarded to the Implementing Entity is contained in the Community Clean-up Project Table included as Attachment 2.
Up to 15% of the Implementing Entity’s Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversight.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County. Community Housing Development Corporation (CHDC) may under contract with the County as an Administering Agency, administer Community Clean-Up Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Community Clean-Up Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community Clean-Up Projects shall not be issued by CHDC without the written approval of City and County Committee Staff.
Implementing Entity: See Community Clean-up Projects Table in Attachment 2
Reporting/Payment Requirements: Any Community Clean-Up Projects shall be subject to the Reporting & Invoicing Requirements specified in the template Memorandum of Understanding included in Attachment 1. Attachment 1 only applies to Community Clean-Up Project contracts with the Implementing Entities.
The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available for payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided.
11. North Richmond Green Community Services Programs
Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan:
• NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation.
• NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean-ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals.
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 11 of 13 -
5 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity: Community Housing Development Corporation (CHDC)
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
12. North Richmond Green Campaign
Fund the design, printing and/or distribution of education and outreach materials on a contract basis
5 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly:
• Inform the community about Mitigation Fee funded programs/efforts, • Increase participation in Mitigation funded programs/efforts, • Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area.
The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff:
• STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required)
• NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and other local beautification efforts as well as fun activities for kids and food.
Materials promoting the event shall include the NRGreen.org website as well as a local phone number.
• SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners.
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 12 of 13 -
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agency: Contra Costa County
Implementing Entity
: Community Housing Development Corporation (CHDC)
Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.
13. Garden Projects
Fund the implementation, oversight and administering agency contracting charges 6 of Garden Projects as further described below.
Community Garden Projects: Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area. The projects selected under this Strategy has been funded on an on-going basis.
Garden Retrofit Projects: Fund the development and implementation of educational garden retrofit events within the Primary Funding Area. Sites for garden retrofits shall be selected via an application process administered by the implementing Entity and approved by County/City staff. Garden retrofit applications will be ranked based on the applicant’s ability/willingness to maintain the garden after installation, the visibility of the site from the street, and the size of the garden site.
The number of garden sites to be retrofitted will be determined by the amount of funding allocated. Garden retrofits shall contain drought-tolerant, native plants.
Details, including recommended allocation amounts, for Projects are included in Attachment 4. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 4 may be used for administrative oversite.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]
Administering Agencies
: Contra Costa County. Community Housing Development
Corporation (CHDC) may under contract with the County as the Administering Agency, administer Garden Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Projects (after subtracting City/County contracting cost) to oversee implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Garden Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff.
Implementing Entity
: See Garden Projects Table in Attachment 4
Reporting/Payment Requirements: Any Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements 6 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section).
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee
- Page 13 of 13 -
equivalent with those shown in Attachment 3. Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Attachment 3 only applies to the Garden Project contracts with the Implementing Entities.
CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 3 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff.
14. Mobile Tool Lending Library
Fund the development, implementation, and on-going maintenance of a mobile tool lending library that is accessible to the public within the Mitigation Fee Primary Funding Area at least once a week. Funding is intended to pay for the purchase of educational material, tools, a cell phone for the library, costs related to the tool lending system & trailer/tool maintenance, and personnel/labor.
Administering Agency: City of Richmond
Implementing Entity: City of Richmond Community Services Department
Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond Community Services Department shall provide required data pertinent to Strategy 14 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).
STAFF COSTS
Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing.
Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein.
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2022-2023\Amended 2022-23 Plan\2022-23 NRMF EP_Amended Edited by DD_Clean.doc
TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN
AND
COMMUNITY HOUSING DEVELOPMENT CORPORATION
This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement.
OVERVIEW:
The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of $_______to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area.
TERM:
The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid.
I. Contractor’s Obligations
The Contractor shall administer the _________, as described herein for an amount not to exceed $_____involving the following activities:
A. Recruit and Hire up to four (4) workers
1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language.
2. Contractor will interview, select and hire up to four workers.
3. Contractor will host training for new hires that discusses the proper procedures of dispos al of hazardous waste (televisions, phones, batteries, tires, paint etc.).
Task A - Deliverables:
1. Documentation of publicized job announcement in English/Spanish with required jointly funded language.
2. Documentation of hiring papers.
B. Clean up to _____(_) North Richmond Sites Approved by the County
1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up. Community clean -up p rojects may involve the remo val of debris and/or landscaping maintenance.
a. Addresses provided by the County or City will include a description of debris for removal and/ or landscaping needs.
b. Addresses provided by the County o r City shall only be selected once for clean -up unless directed otherwise by County Staff.
2. Contractor will confir m with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including Attachment 1
waste that is recyclable, hazardous or requires special handling. Proc edures shall be su bmitted and approved by the County before the site is cleaned up.
3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.
4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris remo ved from the area during clean -up, using a log or other method agreed upon in advance.
5. Contractor shall demonst rate how the mate rials/debris re moved dur ing the clean-up were transported and where each type was properly recycled, composted or disposed.
Task B - Deliverables:
1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.
2. Before photos of the entire site before the material/debris has been cleaned up.
3. Completed Contractor’s Log identifying the types and amount of material/debris removed.
4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.
5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.
For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.
C. Attend Community Meetings and Events
1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.
Task C - Deliverables:
1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings
D. Reporting & Invoicing
1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting
documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.
Task D- Deliverables:
1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose
2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.
3. Completed Final P rogress Report a ddressing the entire pro ject to be submitted with the final invoice consistent with Section III.3.a.
E. Eligible Costs:
Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.
Budget Line Items by
Task/Deliverable
Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750 Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to _____(_) designated locations in the
NRMF Funding Area $ _______
Deliverable 1 - Procedures _ each $200 $1600-
Deliverable 2 - Before
Photos _ each $300 $2,400-
Deliverable 3 - Contractors
Log _ each $400 $3,200-
Deliverable 4 - After Photos _ each $300 $2,400-
Deliverable 5 - Disposal
Documentation _ each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400
SUBTOTAL $ ______
Fiscal Agent (10% of amount
invoiced) $0
TOTAL BUDGET &
ALLOWABLE PAYMENTS $ ______
II. CHDC’s Obligations
Subject to the payment limit of $______CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.
III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $______. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.
1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.
2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.
4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.
SIGNATURES: Executed on the dates and by the persons named below.
Date: ____________________________ Date: _________________________________
By: _________________________________ By: ___________________________________
Name: _______________________________ Name: ________________________________
IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.
Signature:________________________________________________________________
Name: __________________________________________________________________
Title: ___________________________________________________________________
Date: ___________________________
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 1_Clean_V2.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North
Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 36,050.00 $ 1,000.00 $ 6,650.00 $ 28,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 $ 124,999.76 $ 86,550.00 $ 3,000.00 $ 16,350.00 $ 67,200.00 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding.
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.
Attachment 2 - Community Clean-up Projects Table (Strategy 10) Amended 2022/23 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $86,550.00 is recommended to be allocated in the Amended 2022/2023 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.
Community Clean-up Projects Recommended for Funding in 2022/2023
Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments
Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.
Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.
The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.
The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.
Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.
Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).
Acknowledgment Required on Outreach & Promotional Materials Attachment 3
Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address.
Authorized Advance Payments
In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task.
Conflict of Interest Provisions
Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County).
Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th.
Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment.
1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested.
2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation.
b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice.
City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement.
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 3.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 Attachment 4 - Garden Projects (Strategy 13)
2022/2023 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2022/2023 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2022/2023
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018.
Southern boundary
shown on back side
Attachment 5
Hensley St
Garrard Blvd
Richmond Pkwy
7th St
Hensley St
Duboce Ave
Sanford Ave
8th St
Willard Ave
9th St
York St
Vernon Ave
Filbert St
Lincoln Ave
Battery St
Factory St
N Castro St
Kelsey St
6th St
Triangle Ct
Leo St
10th St
Amstan Ln
Cherry St
Lucas Ave
Presco Ln
Joy Ave
Enterprise Ave
Factory St
Committee Approved Additions to Primary Mitigation Funding Area Market Ave
Chesley Ave
Rum
rill Blvd
Legend
July 2006 Additiion to Mitigatin Funding Area
Primary Mitigation Funding Area
²
0 130 260 390 52065
Feet
December 6, 2022
Library and Community Services
DATE: December 6, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Community Services
Tamara Walker, Deputy Director of Community Services
– Employment & Training
Subject:
Approve a Contract with Oakland Private Industry
Council for RichmondWORKS Program Contracting
Services
FINANCIAL IMPACT: There is no fiscal impact to the General Fund. Please refer to account allocation chart located in the discussion section of this report.
PREVIOUS COUNCIL
ACTION:
November 1, 2020; May 18, 2021; March 1, 2022
STATEMENT OF THE
ISSUE:
The Employment and Training Division of Community
Services is seeking to contract with the Oakland Private Industry Council to be the Contracting/Vendor Pay Agent for the RichmondWORKS Workforce Innovation and
Opportunity Act (WIOA), and other grant-funded
programs.
RECOMMENDED ACTION:
APPROVE a contract with the Oakland Private Industry
Council to provide additional services as the Contracting and Vendor Pay Agent for RichmondWORKS,
Employment and Training participants, in the form of
Individual Training for Individual Training Accounts (ITAs) and On-the-Job Training (OJT) contracts, in an amount
not to exceed $371,473.80, and for a term ending June
30, 2023 – Library and Community Services Department
– (LaShonda White/Tamara Walker 510-307-8006).
DISCUSSION:
AGENDA
REPORT
December 6, 2022
The Individual Training Account (ITA) and On-the-Job Training (OJT) process developed by the Oakland Private Industry Council (OPIC) allows the Employment & Training Division to cover the cost of classroom and skills training for Richmond residents in an effective manner with minimal delays. OPIC, a non-profit 501(c)(3) organization, has served as the fiscal agent for the four Workforce Development Boards (WDB) in the East Bay region since 1998 (Richmond, Alameda, Contra Costa, and San Francisco). The coordination and consolidation of the processing of ITAs for the WDB East Bay regional consortium serve as a state-wide model for efficiency.
A Request for Proposal was released on December 12, 2021, by the Alameda County Workforce Development Board (ACWDB) seeking a Contracting/Vendor Pay Agent to provide workforce development and employment training services (Attachment 1). The specific services being procured were:
1. Management of the Employment Training Provider List (ETPL).
2. Contracting and paying for ITA vendors who provide training to program participants.
3. Contracting and Pay Agent for OJT activities with the employers who provide OJT positions for Workforce Innovation and Opportunity Act (WIOA) participants.
4. Contracting for other goods and services as directed by and on behalf of ACWDB.
The ACWDB selected and entered into a contract with OPIC for services (Attachment 2). The activities listed above are part of the administration and program operations implemented by RichmondWORKS within the approved Annual Budget for Department Operations, to provide WIOA clients with ITAs, OJTs, and customized training, including systems support.
Per WIOA guidelines, each local workforce development area, within the state, is required to use thirty percent of its annual grant allocation to provide individual training and work-based learning opportunities for the WIOA program participants. In addition, special grants awarded to RichmondWORKS require the use of ITAs and OJTs to support participants.
OPIC has had a long-standing contract with RichmondWORKS to provide the aforementioned services. Employment and Training would like to piggyback off of ACWDB’s 2021 procurement and the contract between ACWDB and OPIC, and enter into a contract with OPIC in an amount not to exceed $371,473.80, and for a term ending June 30, 2023 (Attachment 3). The City’s Finance Department approved the piggyback justification (Attachment 4). The Oakland Private Industry Council will be compensated $34,972.88 which is ten percent (a rate approved by the Department of Labor) of the total contract amount for their administrative, contracting, and vendor pay agent services.
The Employment and Training Division has budgeted for the training funds in its Operating Expenses Budget to be allocated for Individual Training Accounts (ITAs). All
December 6, 2022
expenditures associated with this program are grant funded from the following account allocations and will be reimbursed to the City:
Org Code Obj Code Project # Program Totals
12572541 400813 22901 Adult ITA $118,219.84
12573241 400843 22901 Adult Admin $11,821.80
12572541 400813 22902 Dislocated Worker ITA $99,220.08
12573241 400843 22902 Dislocated Worker Admin $9,922.08 12572541 400813 22035 Dislocated Youth $45,000.00
12573241 400843 22035 DY Admin $5,000.00
12572341 400813 22903 CAREERS $74,061.00
12573241 400843 22903 CAREERS Admin $8,229.00
Total Contract Amount $371,473.80
DOCUMENTS ATTACHED:
Attachment 1 – Alameda County Workforce Development Request for Proposal Attachment 2 – Alameda County Workforce Development Contract with Oakland PIC Attachment 3 – City of Richmond and Oakland Private Industry Council Contract Attachment 4 – Piggyback Justification – Finance Department
REQUEST FOR PROPOSAL
No. 2021 – ACWDB - CVPER
Release Date: December 17, 2021
Due Date: January 21, 2022 – 2:00 p.m.
Workforce Innovation and
Opportunity Act
Contracting/Vendor Pay Agent
&
Employer of Record
Services
EQUAL OPPORTUNITY / EQUAL ACCESS
ACWDB is an equal opportunity employer. Free auxiliary aids and services are available upon request for individuals with disabilities.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
Alameda County Workforce Development Board Request for Proposal Summary
The Alameda County Workforce Development Board (ACWDB) is requesting proposals for Contracting/Vendor Pay Agent and Employer of Record services funded through Workforce Innovation an d Opportunity Act (WIOA) grants and programs. The contract award period will be from July 1, 202 2 through June 30, 202 3, with the option to renew for three additional fiscal years . Subsequent contracts may be issued based upon satisfactory performance and funds availability until the end of the procurement period.
Eligible applicants are organizations with experience providing contracting/vendor pay agent and employer of record services . This includes all public and private non -profit entities, communit y-based organizations, local education agencies, and for -profit organizations.
It is estimated that there will be $1.25 million available in WIOA funds during the initial funding period July 1, 2022 to June 30, 2023. Funding amount in this Request for Proposal (RFP) are estimates only and are subject to federal budgetary policy decisions.
All funding under this Request for Proposal (RFP) is contingent upon the ACWDB’s receipt of funds.
This RFP is available on the ACWDB website at: www.acwdb.org.
ACWDB reserves the right to make unilateral modifications to this RFP to address changes on the state and/or local level.
For questions about the program content of the RFP and the WIOA operations within the ACWDB, contact Jennifer Mitchell at [email protected].
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
CALENDAR OF EVENTS
EVENT DATE/LOCATION
RFP Released December 17, 2021
Networking/Bidders Conference
January 5, 2022
1:30 p.m. – 3:00 p.m.
Virtual meeting via Zoom:
https://us06web.zoom.us/j/89447758632
?pwd=QXFqSTRPTXdnTjN4MEtZRzRp
WFUvUT09
Written Questions Due January 6, 2022 @5:00 p.m.
[email protected]
Addendum No. 1 Posted January 7, 2022
Response Due January 21, 2022 by 2:00 p.m.
Evaluation Period January 21 – February 7, 2022
Funding Recommendations to ACWDB
Executive Committee February 23, 2022
ACWDB Approval March 10, 2022
Alameda County Board of Supervisors Approval May 17, 2022 Contract and Program Start Date July 1, 2022
Note: Dates are approximate and subject to change
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
ALAMEDA COUNTY WORKFORCE DEVELOPMENT BOARD
Request for Proposal
Specifications, Terms & Conditions
FOR
Contracting/Vendor Pay Agent & Employer of Record Services
TABLE OF CONTENTS
Page
Proposal Summary .................................................................................................................... 2 Calendar of Events .................................................................................................................... 3
I. OVERVIEW OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT ........................... 6
II. STATEMENT OF WORK
A. Intent............................................................................................................................. 7 B. Available Funding and Performance Period................................................................. 7 C. Scope and Background…………………………………………………. ...................................... .7-8 D. Scope of Requested Services…………………………………………………. ........................... .8-11 E. Deliverables/Reports ... ….….…………………………………………………………………………………11 F. Debarment/Suspension Policy ................. ……………………………………………………….11-12
III. INSTRUCTIONS TO BIDDERS
A. County Contacts.......................................................................................................... 12 B. Networking/Bidder’s Conference ........... ………………………………………………………..12-13 C. Submittal of Bids ....................................................................................................13-15 D. Response Format ...................................................................................................15-16 E. Proposal Review and Grant Award Process Overview .........................................16-17 F. Evaluation and Scoring .......................................... .………………………………………….17-19 G. Proposal Review Panel ............................................................................................... 19 H. Contract Award Process ........................................................................................19-20 I. Bid Protest/Appeals Process .................................................................................20-22 J. Contract Evaluation and Assessment ....................................................................22-23
IV. TERMS AND CONDITIONS
A. Award .......................................................................................................................... 23 B. Term / Termination / Renewal ..............................................................................23-24 C. Method of Ordering ................................................................................................... 24 D. Contracting Requirements ....................................................................................24-25 E. Type of Contract ......................................................................................................... 25 F. Invoicing .................................................................................................................25-26 G. Administrative Costs ..............................................................................................26-27 H. Prohibition Against Subcontracting or Assignment ..............................................27-28 I. Record Keeping ........................................................................................................... 28 J. Monitoring .................................................................................................................. 28
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
K. County Provisions ..................................................................................................28-29 L. General Requirements ............................................................................................... 29 M. Compliance with Applicable Regulations ................................................................... 30
ATTACHMENTS
Attachment 1 – RFP Response
Attachment 2
2A – Standard Services Agreement Template
2B – Statement of Work
2C – Budget Template
2D – Minimum Insurance Requirements
2E – Audit Requirements
2F – Exhibit E – This Page Intentionally Omitted
2G – Debarment Suspension Certification
2H – General Conditions/Special Conditions
2I – Certification Regarding Lobbying
2J – Attachment A – This Page Intentionally Omitted
2K – Language Access Requirement
2L – The Iran Contracting Act (ICA) of 2010
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
I. OVERVIEW OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
The Workforce Innovation and Opportunity Act (WIOA) of 2014 took effect on July 1, 2015 and supersedes the Workforce Investment Act of 1998. WIOA provides the framework for a unique national workforce preparation and employment system designed to be customer-focused in meeting both the needs of businesses for skilled workers and assisting individuals in easily accessing information and services needed to begin and manage their careers. The Al ameda County Workforce Development Board (ACWDB) is responsible for policy and administration of the WIOA system in the Alameda County Workforce Development Area.
For reference and information on the WIO A and other related resources, the following websites may be helpful.
Alameda County Workforce Development Board http://www.acwdb.org Workforce Innovation and Opportunity Act http://www.doleta.gov Employment Development Department http://www.edd.ca.gov/ EASTBAYWorks http://www.eastbayworks.org/
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
II. STATEMENT OF WORK
A. INTENT
It is the intent of these specifications, terms, and conditions to describe the Contracting/Vendor Pay Agent and Employer of Record services solicited under this Request for Proposals (RFP). As Contracting/Vendor Pay Agent, the selected Contractor’s role w ill be to contract with and reimburse training providers, participating employers and other designated vendors on behalf of ACWDB. As Employer of Record, the selected Contractor will provide payroll services and ensure compliance with all applicable docum entation and personnel recordkeeping requirements.
Awards will be for a 12 -month contract period (with option to renew for three additional fiscal years contingent upon availability of funds and contract performance) to the successful bidder(s) selected whose response conforms most closely to the RFP and meets the Alameda County’s contracting requirements.
B. AVAILABLE FUNDING AND PERFORMANCE PERIOD
ACWDB anticipates that up to $1.25 million in WIOA funds will be available f or the 12-month contract period. Approximately $1,100,000 in vendor, contract and employee payments will be issued on -behalf-of ACWDB by the selected bidder during the initial 12-month contract period. In addition, the bidder will be reimbursed for the actual costs incurred by the bidder organization to provide the payment, contracting and employer of record services described in this RFP.
Bidders m ust address their ability to provide both service functions (Contracting/Vendor Pay Agent and Employer of Record) in order for proposals to be considered responsive. Proposals that address only one service function will not be considered.
Contingent upon the annual WIOA funding allocations, the contract period is anticipated to begin July 1, 20 22 and end on June 30, 20 23. The contract may be renewed for up to three additional years, based on several factors including, but not limited to, contract performance and available funding.
C. SCOPE AND BACKGROUND
The ACWDB is charged with implementing and maintaining a workforce development system under WIOA by providing administrative, fiscal, and policy oversight within its Local Area (jurisdiction). In Alameda County, the Local Area includes all of Alameda County with the exception of the city of Oakland which has its own workforce development board . In addition to legislated responsibilities
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
under WIOA, ACWDB plays a major role in a variety of key state, local, and regional initiatives.
ACWDB is an active member of EASTBAYWorks, a regional partnership and collaboration between the Workforce Development Boards (WDB) of Alameda County, Contra Costa County, the city of Oakland and the city of Richmond. In an effort to streamline processes, reduce duplication, and manage similar services within the EASTBAYWorks region, ACWDB may coordinate the release and review of this RFP with its EASTBAYWorks WDB partners.
D. SCOPE OF REQUESTED SERVICES
ACWDB is soliciting proposals to select one Contractor who will act as a Contracting/Vendor Pay Agent and Employer of Record. The Contractor will serve as the fiscal intermediary between ACWDB and various contractors and employers in an agency capacity only. The selected Contractor will have no direct authority to contract with, pay, or employ any organization or individual on behalf of ACWDB without the prior written consent of ACWDB.
As Contracting/Vendor Pay Agent, the selected Contractor’s role will be to contract with and reimburse training providers, participating employers and other designated vendors on behalf of ACWDB.
As Employer of Record, the selected Contractor will provid e payroll services and ensure compliance with all applicable documentation and personnel recordkeeping requirements.
ACWDB administers a broad range of programs and services that make up the workforce development system in Alameda County. The selected C ontractor will act as Contracting/Vendor Pay Agent and Employer of Record to many different organizations and/or individuals. These are very distinct functions and responding organization must demonstrate the ability and capacity to perform all necessary tasks as both Contracting/Vendor Pay Agent and Employer of Record. This section includes descriptions of both functions and the scope of services pertaining to each.
1. Contracting/Vendor Pay Agent. The selected Contractor will be required to develop and oversee various types of contracts with many different types of organizations. At a minimum, Contractor will provide the following contracting/vendor pay agent services:
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
a. Individual Training Accounts (ITAs) . ITAs are contract agreements for a specific individual to attend an approved training program provided by a specific training provider. The selected Contractor will enter into agreements with eligible training providers on behalf of ACWDB and its approved customers, in compliance with ACWDB I TA policies and procedures. ACWDB estimates that there will be approximately one hundred fifty (150) individual ITAs issued to eligible training providers during a program year. However, this number may increase or decrease based upon a variety of factor s. In most cases, two payments will be issued for each individual participant ITA, mid-point and at completion.
b. On-the-Job Training (OJTs) . OJT agreements offer a wage and benefit subsidy to an employer for providing a program participant with an opportunity to work. ACWDB estimates that there will be approximately fifty-five (55) individual clients placed in subsidized employment positions during a program year. However, this number may increase or decrease based upon a variety of factors. Individual contracts will last for up six (6) months. Throughout the subsidy period, employers are expected to consider the participant as a regular hire and treat him/her consistently with other employees. Participants will generally work full- time (32 to 40 hours per week) and they will receive a paycheck and benefits directly from their employer. Benefits eligible for reimbursement include FICA, Unem ployment Insurance, and Workers Compensation as well as the cost of medical and dental insurance. The selected Contractor will be primarily accountable for ensuring on a timely basis that participating employers who pay wages to the participants they emplo y are reimbursed for agreed upon amounts of the total payroll wages and other employment related expenses in a timely manner once a month. Employers are responsible for submitting the required documentation of wages and benefits paid directly to the Employer Agent. Other responsibilities include but are not limited to the following:
• Receive wage related reimbursement -billing forms from the employers.
• Maintain a schedule that guarantees employers will be reimbursed in a timely manner once each month.
• Prepare and issue 1099s to all participating Employers (For -profit entities - only).
c. Eligible Training Providers . All training providers who receive contract agreements for ITAs must be approved for the State Eligible Training Providers List (ETPL). The selected Contractor will manage the ETPL
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
procurement, application , and maintenance process on behalf of ACWDB for the local Workforce Development Area. This includes annual monitoring of eligible training providers for compliance with WIOA Section 188 and 29 CFR Part 38.
d. Good and Services . The selected Contractor will be required to enter into other contracts f or goods and services, as directed, on behalf of ACWDB. This may include: contracts for Customized Training projects with local education agencies; systems support for the WIOA provider network connectivity, common activities, computer support, technical assistance consultant and/or training for the WIOA system providers; or, enhancements to the community services information that is accessible through the WIOA workforce system.
2. Employer of Record. ACWDB will select a Contractor who will carry out all of the common payroll functions as the Employer of Record for individuals who fall under the employer of record function. In addition, all employees selected under this function will be eligible for the same benefits offered to the Contractor’s regula r employees. ACWDB will be responsible for recruitment, interviewing, and selection of these individuals.
The selected Contractor will be expected to act as Employer of Record for six (6) employees on behalf of ACWDB at any given time. However, this number may increase or decrease based upon a variety of factors. The Contractor will be responsible for ensuring the timely submission of all required employment related documentation that includes but is not limited to the following:
• New Hire Documentation – Processes, completes and maintains all new hire IRS W -4, W-5 and other new hire related documentation prior to participants starting their work assignment at ACWDB.
• Timesheets – Coordinates with ACWDB to ensure that timesheet information is submitted in time for payroll processing prior to the due date of the payroll schedule for each pay period.
• Payroll Schedule – Issues biweekly payroll.
• Direct Deposit – Provide as an option for Electronic Funds Transfer (EFT) services that will automatically tran sfer payroll funds to an individual participant’s checking or savings accounts at a participating bank, savings and loan association or credit union.
• Payroll Deductions – Ensure that FICA, Unemployment Insurance, Workers Compensation Insurance, Social Secu rity, as well as all other standard payroll deductions are properly deducted in accordance with federal, state and local laws.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
• Emergency Manual Checks - On an as-needed basis manual checks will be produced upon request by ACWDB. Manual checks should be exceptions.
• W-2s – Responsible for providing W -2s of the preceding calendar year by January 20 each year.
• Wage Garnishments – The Employer of Record will administer wage garnishments as required.
• 1099s - Prepare and issue 1099s to participating For-Profit entities - only. • Submit monthly detailed expenditure reports to ACWDB financial staff.
As the Employer of Record, the selected Contractor will also be responsible for managing not only the payroll process but also the following areas:
• Governmental reporting
• Processing payroll taxes
• Workers' compensation and claims
• Unemployment claims and hearings
• Wage garnishments
• Medical leave of absences
• Determine eligibility to work in the US
E. DELIVERABLES/REPORTS
ACWDB will require written reports summarizing the services provided each month.
Bidders must demonstrate the ability to prepare and submit timely reports. At a minimum, the following information shall be submitted to ACWDB in the form of a written report:
• Number of ITAs processed each month, including client name, training provider, type of training, funding source, and amounts paid;
• Number of OJTs processed each month, including client name, employer information, job title, funding source, and amounts paid; • Summary of contracts and payments issued for any other goods and services authorized by ACWDB;
• Payroll reports for employer of record services;
• Revenue and expenditure reports;
F. DEBARMENT/SUSPENSION POLICY
In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each bidder will be screened at the time of the RFP response to ensure bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR
97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549. ACWDB will verify bidder, its principal and their named subcontractors are not on the Federal Debarred List, suspended or otherwise excluded list of vendors located at www.sam.gov; and bidders are to comple te a Debarment and Suspension Certification form located in Attachment 1, certifying bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States government.
III. INSTRUCTION TO BIDDERS
A. COUNTY CONTACTS
ACWDB is managing the competitive process for this project. All contact during the competitive process is to be through ACWDB only.
The evaluation phase of the competitive process shall begin upon receipt of proposals and continue until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by bidders to contact evaluators may result in disqualification of bidder. All questions regarding these specifications, terms, and conditions are to be submitted in writing via e-mail to:
Jennifer Mitchell, Fiscal/Grants Manager
e-mail: [email protected]
The ACWDB website will be the official notification posting place of all Requests for Proposals, Interest, Quotes, and Addenda. Go to: www.acwdb.org to view current contracting opportunities.
It is the responsibility of each bidder to be familiar with all of the specifications, terms, and conditions. By submission of a Bid, the bidder certifies that if awarded a contract they will make no claim again the ACWDB based upon ignorance o f conditions or misunderstanding of the specifications.
B. NETWORKING/BIDDERS’ CONFERENCE
1. The Bidders’ Conference will be held on January 5, 2022 via Zoom which is enabled for remote participation. Bidders can opt to participate via a computer with stable internet connection (the recommended bandwidth is 512Kbps) at:
https://us06web.zoom.us/j/89447758632?pwd=QXFqSTRPTXdnTjN4MEtZRzRpW FUvUT09
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
2. Networking/Bidders’ conference will be held to provide:
a. An opportunity for bidders to ask specific questions about the project and request RFP clarification.
b. ACWDB with an opportunity to receive feedback regarding the project and RFP.
3. All questions will be addressed and the list of attendees will be included in an RFP Addendum following the networking/bidders’ conference in accordance with the Calendar of Events.
4. Attendance at the Bidders’ Conference is highly recommended. Vendors who attend the Bidders Conference will be added to the Vendor Bid List and made available by the addendum date on January 7, 2022.
C. SUBMITTAL OF BIDS
1. All bids must be emailed by 2:00 p.m. January 21, 2022. (see Calendar of Events)
LATE BIDS WILL NOT BE ACCEPTED.
Any bid received after said time cannot be considered and will be returned.
The date and time of the email submission shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.
2. Bids are to be submitted electronically to Jennifer Mitchell, Fiscal/Grants Manager, addressed, and delivered as follows:
E-mail: [email protected] –
Bidder’s name and the RFP number must appear in the subject line.
3. Bidders must also submit one hard copy original proposal printed on plain white paper, signatures in BLUE ink, loose leaf, NOT bound via U.S. Postal Service to:
Jennifer Mitchell, Fiscal/Grants Manager
Alameda County Workforce Development Board
24100 Amador Street – Room 610C
Hayward, CA 94544
4. Bidders shall not modify form(s) or qualify their bids. Bidders shall not submit to the County a scanned, re -typed, word -processed or otherwise recreated version of the bid form(s) or any other County -provided
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
document. All costs required for the preparat ion and submission of a bid shall be borne by bidder.
5. All costs required for the preparation and submission of a bid shall be borne by bidder.
6. Only one bid response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “p artnership” shall mean, and is limited to, a legal par tnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute.
7. All other information regarding the bid responses will be held as confidential until such time as the County Selection Commi ttee has completed its evaluation, a recommended award has been made by the County Selection Committee and forwarded to the ACWDB Executive Committee. All parties submitting proposals, either qualified or unqualified, will receive mailed recommendation to award/non-award notification(s), which will include the name of the bidder to be recommended for the award. In addition, award information will be posted on ACWDB’s website.
8. Each bid received, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the contract, be open to public inspection.
9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter2, commencing with Secti on 16700, of Part 2 of Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
10. Bidder expressly acknowledges that it is awar e that if a false claim is knowingly submitted (as the terms “claim” and “knowingly” are defined in the California False Claims Act, Cal. Gov. Code , $12650 et seq.), County will be entitled to civil remedies set forth in the California False Claim Act. It may also be considered fraud and the Contractor may be subject to criminal prosecution.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
11. The undersigned bidder certifies that it is, at the time o f bidding, and shall be throughout the period of the contract, licensed by the State of California to do the type of work required under the terms of the contract documents.
Bidder further certifies that it is regularly engaged in the general class and type of work called for in the bid documents.
12. The undersigned bidder certifies that it is not, at the time of bidding, on the California Department of General Services (CDGS) list of persons determined to be engaged in investment activities in Iran or other wise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).
13. It is understood that County reserves the right to reject this bid and that the bid shall remain open to acceptance and is irrevocable for a period of 180 days, unless otherwise specified in the bid documents.
D. RESPONSE FORMAT
1. Bid responses are to be straightforward, clear, concise, and specific to the information requested.
2. The proposal must meet the deadline and location for submittal, i.e., no later than 2:00 p.m., Friday, January 21, 2022.
Late proposals will be returned.
3. One PDF copy (signatures in blue ink ), of the proposal must be submitted by the due date and time. The proposal must be formatted as follows:
• 12-point font
• 1-inch margins
• Single spaced
• Single sided
• All pages numbered sequentially
• Loose leaf
• Header on each page (upper right-hand corner) under Specifications, Term and Conditions RFP No. 2021-ACWDP-CVPER and below that your agency name or agency acronym : (RFP No. 202 1-ACWDB-CVPER) and name of bidder.
4. The proposal must comply with the provisions of the Request for Proposals and all its instructions.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
5. In order for b ids to be considered complete, b idder must provide all information requested. See Attachment 1 for the Response Content and Submittals Completeness Checklist.
6. The proposal budget must reflect actual costs associated with providing program services.
7. The proposal must contain accurate and complete information as requested in this proposal.
8. Proposals will be reviewed as initially submitted. No changes, additions, or re-submissions will be accepted after the initial deadline for submission.
9. ACWDB reserves the right to withdraw a contract -funding award if it is determined that the award was based on false information provided by the proposer.
10. Bid responses, in whole or in part, may NOT to be marked confidential or proprietary. ACWDB may refuse to consider any bid response or part thereof so marked. Bid responses submitted in response to the RFP may be subject to public disclosure. ACWDB shall not be liable in any way for disclosure of any such records. Please refer the Alameda County’s website at: http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm for more information regarding Proprietary and Confidential Information policies.
E. PROPOSAL REVIEW AND GRANT AWARD PROCESS OVERVIEW
The evaluation and scoring of proposals and recommendation of providers for the Contracting/Vendor Pay Agent & Employer of Record Services RFP will consist of several phases:
1. A preliminary review will be conducted by ACWDB staff to ensure that each proposal meets the minimum qualifications for proposal acceptance.
2. For proposals that meet the minimum qualifications, eval uation, and scoring of each proposal will be conducted by an outside Review Panel according to the criteria listed in Section III.G. Evaluation and Scoring. Staff may arrange site visits with the applicants to confirm the information stated in the proposals.
3. Upon completion of the proposal review process, recommendations for selecting providers will be strictly based on the aggregate scor es of the Review Panel.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
4. Authority to execute contracts will be given by the Alameda County Board of Supervisors following selection and award of funding by ACWDB.
Funding will be contingent on state and federal policies.
If no more than one proposal is received in response to this solicitation, the County reserves the right to classify this procurement as a failed competition and reissue the RFP or enter into sole source agreements to ensure service delivery. Funding decisions are the sole responsibility and at the sole discretion of the ACWDB. Any formal appeal of funding decisions must be in accordance with Section III. J. Bid Protest and Appeals Process of this RFP document.
F. EVALUATION AND SCORING
Each proposal will be evaluated and scored on the information contained in the proposals directly responding to the proposal questions. Information may be disputed or confirmed by staff through follow -up site-visits and consultations with provided references. Each proposal will be given a score between 0 and 100.
A proposal evaluation system, which includes a point system for rating each proposal submitted, will be used to review all proposals that meet minimum qualifications. This system will ensure u niformity in evaluating proposals and will identify the rationale for approval or disapproval.
A PROPOSAL MUST SCORE A MINIMUM OF 75 POINTS TO BE CONSIDERED FOR FUNDING.
Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the requirements as set forth in this RFP.
Bidders are advised that in the evaluation of cost it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.
As a result of this RFP, ACWDB intends to award a contract to the resp onsible bidder(s) whose response conforms to the RFP and whose bid presents the greatest value to ACWDB, all evaluation criteria considered. The combined score of the evaluation criteria is greater in importance than cost in determining the greatest value to the County. The goal is to award a contract to the bidder that proposes the best quality as determined by the evaluation
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
criteria. ACWDB may award a contract of higher qualitative competence over the lowest priced response.
The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and/or services being solicited.
Each of the following Evaluation Criteria below will be used in ranking a nd determining the quality of bidders’ proposals. Proposals will be evaluated and scored according to each Evaluation Criteria. The scores for all the Evaluation Criteria will then be added together to arrive at a total score for each proposal.
A proposal with a high total will be deemed of higher quality than a proposal with a lesser total. The final maximum score for any project is one hundred (100) points. The Evaluation Criteria and their respective scores are as follows:
Evaluation Criteria Score
A Completeness of Response:
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent Addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.
Responses that are rated a Fail and are not considered will be returned.
Pass/Fail
B Debarment and Suspension:
Bidders, its principal and named subcontractors are not identified on the list of Federally debarred, suspended or other excluded parties located at www.sam.gov.
Pass/Fail
C Administrative/Organizational Capacity: 25 Available Points Bidder demonstrates the ability to manage and maintain fiscal records, including experience with federal funds and cost allocation.
Bidder has adequate and qualified project staff.
Bidder has capacity to track required deliverables and generate required reports.
25 points
D
Demonstrated Performance/Ability: 35 Available Points
Bidder has the knowledge and ability to perform Contracting/Vendor Pay Agent and Employer of Record Services. The proposal successfully addresses each of the services required by this RFP, including ITAs, OJTs, ETPL maintenance, goods & services contracts, and employer of record services.
Bidder has past experience/expertise in providing Contracting/Vendor Pay Agent and Employer of Record Services.
35 Points
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
E Budget Proposal/Fiscal Management: 35 Available Points Bidder has a project operational budget sufficient to support the proposed activities.
Proposal successfully describes the fiscal management experience and the fiscal controls that will be used.
Bidder’s budget demonstrates sufficient understanding of WIOA cost definitions and cost reimbursement contracts.
35 Points
F References/Previous Contract Experience:
References for similar projects have been provided and the County was able to speak with a minimum of three (3) references in order to verify. 5 Points
Total Points 100
G. PROPOSAL REVIEW PANEL
A preliminary review will be conducted by WDB staff to ensure that each proposal meets the minimum qualifications for proposal acceptance. An outside Review Committee will review and score each proposal that has met the Minimum Qualifications. The Review Committee may be composed of staff from other Local Wor kforce Areas that may have expertise or experience relevant to this RFP. The evaluation of the proposals shall be within the sole judgment and discretion of the Review Committee and will be based on the evaluation criteria set forth in this RFP.
All cont act during the evaluation phase shall be through ACWDB staff only.
Bidders shall neither contact nor lobby evaluators during the evaluation process. Attempts by Bidder to contact and/or influence members of the Review Committee may result in disqualifica tion of Bidder. The Review Committee will evaluate each proposal meeting the qualification requirements set forth in this RFP.
H. CONTRACT AWARD PROCESS
Once the RFP Review Panel has evaluated all qualifying proposals, ACWDB will make a funding decision and take action to select the successful bidder(s). All bidders will receive written notification of the contract award recommendation by ACWDB staff. No tification will be provided via e -mail and United States Postal Service. The document providing this notification is the Notice of Intent to Award/Non -Award and will provide the name( s) of the bidder(s) being recommended for contract award and the names o f the all other parties that submitted proposals.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
Upon completion of any bid protest/appeal, the ACWDB will approve the final contract award recommendation. If no bid protest/appeal is made, the ACWDB’s decision to issue the Notice of Intent to Award/Non -Award is considered the final contract award decision of the ACWDB. The ACWDB will then submit the final contract award decision to the Alameda County Board of Supervisors, who approves and executes all contracts for the ACWDB.
Contracts will commence J uly 1, 20 22 contingent upon availability of funds from the State of California. Grant awards will be conferred annually based upon the following criteria: provider meets contractual obligations; successful performance; and any WIOA authorization changes th at impact this procurement. The ACWDB must formally approve the subsequent annual awards.
I. BID PROTEST/APPEAL PROCESS
The County prides itself on the establishment of fair and competitive contracting procedures and the commitment made for following those procedures. The following is provided in the event that bidders wish to protest the bid process or appeal the recommen dation to award a contract for this project once the Notices of Intent to Award/Non-Award have been issued. Bid protests submitted prior to issuance of the Notices of Intent to Award/Non - Award will not be accepted by the County.
1. Any Bid protest must be based on one or both of the following:
a. The action of the ACWDB is at variance with the law; and/or b. The action of the ACWDB contravenes current ACWDB or County policy.
2. Any Bid protest by any Bidder regarding any other Bid must be submitted in writing to the County’s SSA Finance Director, located at 1111 Jackson Street, Suite 103, Oakland, CA 94612, Fax: (510) 839-0748, before 5:00 p.m. of the FIFTH (5 th) business day following the date of issuance of the Notice of Intent to Award/Non -Award, not the date received by the Bidder . A Bid protest received after 5:00 p.m. is considered received as of the next business day.
a. The Bid protest must contain a complete statement of the reasons and facts for the protest.
b. The protest must refer to the specific portions of all documents that form the basis for the protest.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
c. The protest must include the name, address, email address, fax number and telephone number of the person represen ting the protesting party.
d. The SSA Finance Director will transmit a copy of the bid protest to all bidders as soon as possible after receipt of the protest.
3. Upon receipt of the written protest, the SSA Finance Director, or designee will review and evalua te the protest and issue a written decision. The SSA Finance Director, may, at his or her discretion, investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) wit h the protesting bidder and others (as appropriate) to discuss the protest. The decision on the bid protest will be issue at least ten (10) business days prior to the ACWDB’s final contract approval/appeal hearing date.
The decision will be communicated by e-mail and certified mail and will inform the bidder whether or not the recommendation to the ACWDB in the Notice of Intent to Award/Non -Award is going to change. A copy of the decision will be furnished to all bidders affected by the decision.
As used in this paragraph, a bidder is affected by the decision on a bid protest if a decision on the protest could have result in the bidder not being the apparent successful bidder on the RFP.
4. The decision of the SSA Finance Director on the bid protest may be appealed to the Auditor-Controller’s Office of Contract Compliance (OCC) located at 1221 Oak Street, Room 249, Oakland, CA 94612, and Fax: (510) 272-6502. The bidder whose bid is the subject of the protest, all bidders affected by the SSA Finance Director’s decision on the protest, and the protestor have the right to appeal if not satisfied with the SSA Finance Director’s decision. All appeals to the Auditor - Controller’s OCC shall be in wr iting and submitted within five (5) business days following the issuance of the decision by the SSA Finance Director, not the date received by the bidder. An appeal received after 5:00 p.m. is considered received as of the next business day.
a. The appeal shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal.
b. In reviewing protest appeals, the OCC will not re -judge the proposal(s). The appeal to the OCC shall be limited to review of the procurement process to determine if there were material errors in
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
the RFP process or, where appropriate, ACWDB or County policies or other laws and regulations.
c. The appeal to the OCC also shall be limited to the grounds raised in the original protest and the decision by the SSA Finance Director. As such, a Bidder is prohibited from stating new grounds for a Bid protest in its appeal.
d. The decision of the Auditor -Controller’s OCC is the final step of the appeal process. A copy of the decision of the Auditor -Controller’s OCC will be furnished to the protester, the bidder whose bid is the subject of the bid protest, and all bidders affected by the decision.
1. The County will complete the bid protest/appeal procedures set forth in this paragraph before a final recommendation to award the Contract is considered by the Alameda County Board of Supervisors.
2. The procedures and time limits set forth in this paragraph are mandatory and are each bidder's sole and exclusive remedy in the event of Bid Protest. A bidder’s failure to timely complete both the Bid protest and appeal procedures shall be deemed a failur e to exhaust administrative remedies. Failure to exhaust administrative remedies, or failure to comply otherwise with these procedures, shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
J. CONTRACT EVALUATION AND ASSESSMENT
During the initial 60 -day period of any contract t hat may be awarded to Contractor, the ACWDB staff will meet with the Contractor to evaluate the performance and to identify any issues or potential problems.
ACWDB reserves the right to determine, at its sole discretion whether:
1. Contractor has complied with all terms of this RFP; and
2. Any problems or potential problems with the proposed services were evidenced which make it unlikely (even with possible modifications) that such proposed services have met ACWDB requirements.
If, as a result of such determination ACWDB concludes that it is not satisfied with Contractor, Contractor’s performance under any awarded contract and/or Contractor’s goods and/or services as contracted for therein, the Contractor will be notified of cont ract termination effective 45 days following notice. The County will have the right to invite the next highest ranked bidder
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
to enter into a contract. The County also reserves the right to re -bid this project if it is determined to be in its best interest to do so.
IV. TERMS AND CONDITIONS
A. AWARD
1. Proposals will be evaluated by a Proposal Review Panel and will be ranked in accordance with the RFP section entitled “Proposal Review Panel.”
2. The Review Panel will recommend award to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of ACWDB and attains the highest overall point score. Award may not necessarily be made to the bidder with the lowest cost.
3. ACWDB reserves the right to reject any or all responses that materially differ from any terms contained in this RFP or from any Exhibits attached hereto, to waive informalities and minor irregularities in responses received, and to provide an opportunity for bidders to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the County.
4. ACWDB reserves the right to award to a single contractor or multiple contractors.
5. ACWDB has the right to decline to award this contract or any part thereof for any reason.
6. ACWDB and Alameda County Board of Supervisor’s approval to award a contract are required.
7. A contract must be negotiated, finalized, and signed by the intended awardees prior to Board approval.
8. The RFP specifications, terms, conditions and Exhibits, RFP Addenda and Bidder’s proposal, may be incorporated into and made a part of any contract that may be awarded as a result of this RFP.
B. TERM/TERMINATION/RENEWAL
1. The term of the contract, which may be awarded pursuant to this RFP, will be 12 months.
2. By mutual agreement, any contract which may be awarded pursuant to this RFP May be extended for t hree additional one-year terms at agreed prices with all other terms and conditions remaining the same.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
3. The initial contract will include the PY 2022-2023 award, scope of work and performance requirements. This contract will be amended to include performance requirements and any scope of work modifications necessary as a result of changes in federal , state, or mandates. Awards will be dependent upon continuance of enabling legislation (Workforce Innovation and Opportunity Act) and fund availability for the Al ameda County Workforce Local Development Area.
C. METHOD OF ORDERING
1. A written Purchase Order (PO) and signed contract will be issue upon ACWDB and Alameda County Board of Supervisor’s approval.
2. POs and payments for services will be issued only in the name of Contractor.
3. Changes in service delivery shall be agreed upon by Contractor and County and issued as needed in writing by County.
D. CONTRACTING REQUIREMENTS
In order to contract for WIOA funds, the Contractor must:
1. Be legally capable of entering into a contract and be able to provide proof of the ability to administer WIOA programs (i.e., previous experience administering employment and training programs, other related service programs and no disbarment).
2. Provide documentation of current fiscal and compliance audits, as required by law.
3. Provide Articles of Incorporation and evidence of current corporate status, as filed with the Secretary of State.
4. Be an Affirmative/Equal Opportunity Employer. If selected for funding, the lead agency and any collaborative partner agencies will be required to meet EEO requirements.
5. Be in compliance with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA).
6. Ensure that reports and/or documents contain correct information.
7. File required insurance documentation with the County of Alameda as an exhibit to the contract. The County must review all documentation before
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
the initial invoice will be processed. The following are insurance requirements that contractors must carry:
• Commercial General Liability in the amount no less than $1,000,000. • Combined Single Limit for each occurrence. Must include personal injury coverage.
• Workers' Compensation as required by State law or $1,000,000.
Employers Liability minimum $100,000.
• Automobile Liability in an amount not less than $1,000,000 combined Single Limit per accident for bodily injury and property damage covering owned, non-owned, and hired vehicles.
• Professional/Liability/Errors and Omissions in the amount no less than $1,000,000.
• The County of Alameda is covered as additional insured. • Notice of Cancellation must ensure that each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, or canceled except after 30 days prior written notice has been given to the County of Alameda.
8. Comply with requirements for lobbying, debarment , and drug -free workplace certification.
9. Address the County’s Language Access requirements.
E. TYPE OF CONTRACT
Contracts will be written on a cost reimbursement basis. The Contractor is required to provide a detailed line -item budget as part of the contract and agree to submit monthly invoices for payment. All costs reported on monthly and final cost statements shall be supported by appropriate accounting documentation. The documentation shall establish that the County is charged a fair and equitable portion of any indirect or shared costs attributable to services performed under this Contract.
F. INVOICING
1. Contractor shall invoice ACWDB as prescribed in the executed contract.
2. County shall notify Contractor of any adjustments required to invoice.
3. Contractor shall utilize standardized invoice provided by ACWDB and as defined within the contract Scope of Work.
4. Invoices shall only be prepared and submitted by the Contractor who is awarded a contract.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
5. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the execute d contract Purchase Order.
6. County will pay Contractor monthly, or as agreed upon, not to exceed the total maximum specified in the executed contract Exhibit B Budget.
G. ADMINISTRATIVE COSTS
The Workforce Innovation Opportunity Act regulations at 20 CFR 667.200 identify specific items of cost, which must be classified to the administrative cost category. Please ensure that expenditures attributable to the following functions are appropriately classified to the Administration ca tegory of cost.
These costs can be both personnel and non -personnel and both direct and indirect.
Performing the following overall general administrative functions and coordination of those functions under WIOA Title I:
▪ Accounting, budgeting, financial and cash management functions. ▪ Procurement and purchasing functions.
▪ Property management functions.
▪ Personnel management functions.
▪ Payroll functions.
▪ Coordinating the resolution of findings arising from audits, reviews, investigations, and incident reports.
▪ Audit functions.
▪ General legal services functions.
▪ Developing systems and procedures, including information systems, required for these administrative functions.
▪ Performing oversight and monitoring responsibilities related to WIOA administrative functions.
▪ Costs of goods and services required for administrative functions of the program, including goods and services such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space.
▪ Travel costs incurred for official business in carrying out administrative activities or the overall management of the WIOA system.
▪ Costs of information systems related to administrative functions (for example, personnel, procurement, purchasing, property management, accounting, and payroll systems) including the
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
purchase, systems development, and operating costs of such systems.
▪ Awards to sub recipients or vendors that are solely for the performance of administrative functions are classified as administrative costs.
Personnel and related non -personnel costs of staff that perform both administrative functions specified above and p rogrammatic services or activities must be allocated as administrative or program costs to the benefiting cost objectives/ categories based on documented distributions of actual time worked or other equitable cost allocation methods.
Continuous improvement activities are charged to administration or program category based on the purpose or nature of the activity to be improved.
Documentation of such charges must be maintained.
Specific costs charged to an overhead or indirect cost pool that can be identified directly as a program cost are to be charged as a program cost.
Documentation of such charges must be maintained.
All costs incurred for functions and activities by your organization and vendors who are awarded funds for the purpose of delivering programmatic services are program costs.
Costs of the following information systems including the purchase, systems development and operating (e.g., data entry) costs are charged to the program category:
• Tracking or monitoring of participant and performance information. • Employment statistics information, including job listing information, job skills information, and demand occupation information. • Performance and program cost information on eligible providers of training services, youth activities, and appropriate education activities.
• Local area performance information.
• Information relating to supportive services and unemplo yment insurance claims for program participants.
H. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the ACWDB. Neither this Agreement nor any interest herein may be assigned or transferred, voluntar ily or by operation of law, without the prior written
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
approval of the ACWDB. Any such prohibited assignment or transfer shall be void.
I. RECORD KEEPING
Contractor will be expected to maintain complete up -to-date and accurate records and management controls. The Contractor will be expected to maintain complete fiscal and accounting records, in accordance with Federal Government Accounting Principles, including, but not limited to, backup documentation to the contract budget, and demonstration of acceptable accounting methods to disburse costs. All documents and records will be maintained for a period of no less than five (5) years. This is a federal administrative requirement.
J. MONITORING
The Contractor selected and funded with WIOA dollars may be visited at any time by the ACWDB staff, County officials, and officials from the State of California, Department of Labor, or Contractors of these units of government, and others who have a direct concern in administration of WIOA programs and projects. All agency records must be available for inspection. All areas of the project will be subject to examination and could include, but are not limited to, inspection of personnel files and applications, and the financial bookkeeping records. In addition, mon itoring may include interviews with employers, supervisors, instructors, and staff of agencies partnering within this operator to ensure provision of agreed upon services.
K. COUNTY PROVISIONS
SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION: Contractor has been approved by County to participate in contract without SLEB participation (SLEB Waiver #F2001). As a result, there is no requirement to subcontract with another business in order to satisfy t he County’s Small Local and Emerging Business provision.
However, if circumstances or the terms of the contract should change, Contractor may be required to i mmediately comply with the County’s Small Local and Emerging Business provisions, including but not limited to:
a. Contractor must be a certified s mall or emerging local business (es) or subcontract a minimum 20% with a certified small or emerging local business (es).
b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
c. Small and/or Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract.
Contractor shall ensure that their own certification status and/or that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Program.
d. Contractor sha ll not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the Co unty department contract representative identified under Item #13 above. Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance (OCC).
e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System.
County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontract or) if the work is not performed by the listed small and/or emerging local business.
For further information regarding th e Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controller’s Office of Contract Compliance (OCC) located at:
1221 Oak Street, Room 249, Oakland, CA 94612
Tel: (510) 891-5500, Fax: (510) 272-6502 or via
E-mail at [email protected].
L. GENERAL REQUIREMENTS
1. Proper conduct is expected of Contractor’s personnel when on County premises. This includes adhering to no -smoking ordinances, the drug-free workplace policy, not using alcoholic beverages and treating employees courteously.
2. County has the right to requ est removal of any Contractor employee or subcontractor who does not properly conduct himself/herself/itself for perform quality work.
3. Contractor personnel shall be easily identifiable as non -County employees (i.e. work uniforms, badges, etc.)
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
M. COMPLIANCE WITH APPLICABLE REGULATIONS
This RFP has been developed consistent with applicable State and Federal statutes, regulations, and published guidelines and policies.
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
ATTACHMENT NO. 1
BID RESPONSE PACKET
CONTRACTING/VENDOR PAY AGENT & EMPLOYER OF RECORD SERVICES (SEPARATE FILE)
Specifications, Terms and Conditions
RFP No. 2021-ACWDB-CVPER
________________________________________________________________________________________________________
ATTACHMENT NO. 2
Standard Services Agreement Template
Statement of Work
Budget Template
Minimum Insurance Requirements for Community Colleges/Adult Schools Minimum Insurance Requirements for Nonprofits
Audit Requirements
Exhibit E - This Page Intentionally Omitted
Debarment Suspension Certification
General Conditions/Special Conditions WIOA (Youth)
Certification Regarding Lobbying
Attachment A - This Page Intentionally Omitted
Language Access Requirements
The Iran Contracting Act (ICA) of 2010
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Employment & Training
Oakland Private Industry Council, Inc. (OPIC) will act as RichmondWORKS' agent for the following services:
1. Management of the Employment Training Provider List (ETPL)
2. Contracting & Pay Agent for Individual Training Account (ITA) vendors who provide training RichmondWORKS WIOA participants
3. Contracting & Pay Agent for On-The-Job Training (OJT) activities with the employers who provided OJT positions for RichmondWORKS WIOA participants
4. Contracting for other goods and services as directed by and on behalf of RichmondWORKS OPIC's compensation for their services will be at the Department of Labor's approved Administrative cost rate of 1 0.00%) for their organization.
The contract amount for the program year 2022-2023 will not exceed $371,473.80 and will be allocated as follows:
Org Code
Obj Code Project # Program Totals
12572541 400813 22901 Adult ITA $118,219.84
12573241 400843 22901 Adult Admin $11,821.8
12572541 400813 22902 Dislocated Worker ITA $99,220.08 12573241 400843 22902 Dislocated Worker Admin $9,922.08 12572541 400813 22035 Dislocated Youth $45,000.00
12573241 400843 22035 DY Admin $5,000.00
12572341 400813 22903 CAREERS $74,061.00
12573241 400843 22903 CAREERS Admin $8,229.00
Total Contract Amount $371,473.80
OPIC administrative costs will not exceed $34,972.88.
For the Contract between the City of
Richmond And Oakland Private
Industry Council, Inc.
EXHIBIT A.1
SERVICE PLAN
STATEMENT OF WORK
The [City of Richmond, Workforce Development Board], a member of the EASTBAY Works consortium (hereafter referred to as "the WDB"), adopts the following Statement of Work which reflects the activities to be performed by the Oakland Private Industry Council, Inc. on behalf of the WDB as a member of EASTBAY Works for the management of: the Eligible Training Providers List and the management of Individual Training Accounts, On-the-Job Training, and other training activities, and other EASTBAY Works activities as described below. The activities described below are subject to regulations and guidelines that are, from time to time, modified by the U.S. Department of Labor and the California Employment Development Department and this Statement of Work may need to be amended or changed consistent with such modifications.
1. MAINTENANCE OF THE ETPL THROUGH COMMON PROCUREMENT
The four Workforce Development Boards ("WDBs") of the EASTBAY Works collaborative agree to joint maintenance of the local application process and procedures for the State Eligible Training Provider List ("ETPL") in an effort to meet the needs of the local WDBs collectively and individually. The four WDBs of the EASTBAY Works collaborative have agreed to contract with Oakland PIC to effectuate the maintenance of the ETPL, and the parties hereby agree to comply with the following procurement procedures in order to maintain the EASTBAY Works application process and procedures for the ETPL:
A. The Oakland PIC will be responsible for ensuring that information and access to ETPL information and application is available to all interested vendors by posting it on the EASTBAY Works web site and providing links to each participating One- Stop partner for broad distribution.
B. The Oakland PIC will serve as the single point of contact for all ETPL applications.
This will include, but not be limited to, answering all questions about the ETPL application process and receiving and tracking all ETPL applications.
C. The Oakland PIC will provide technical assistance to providers as they complete the application process. When an ETPL application is complete, the Oakland PIC will submit all necessary data to the responsible State agency for adding the new training provider to the statewide ETPL.
D. If an initial site visit is required of a new vendor an Oakland PIC staff member will carry out the site visit. Monitoring of vendors will be performed in accordance with
federal, state and local laws, regulations, policies, and procedures.
2. INDIVIDUAL TRAINING ACCOUNT AND ON-THE-JOB TRAINING SYSTEM
The ETPL system provides all EASTBAY Works One-Stop customers with comprehensive information about training and educational opportunities. Under WIOA, however, only certain qualifying individuals will receive an Individual Training Account ("ITA") to pay for such training. Oakland PIC and the four WDBs of the EASTBAY Works collaborative have created an ITA system that meets the needs of the EASTBAY Works system as a whole as well as the needs of each of the WDBs.
Additionally, a system for On-the-Job ("OJT") contracting services to enable WDB Title I Workforce Innovation and Opportunity Act clients to participate in OJT activities has also been developed. OJT is understood to have the meaning set forth in the Workforce Innovation and Opportunity Act of 2014 (WIOA) and its regulations.
Oakland PIC agrees to provide the ITA, OJT and/or other goods and services processing, contracting and payment services for the EASTBAY Works WDBs. To that end, the parties hereby agree to comply with the following procedures in order to utilize Oakland PIC as a contracting and payment agent and in order to maintain consistent policies for ITAs and OJTs in the EASTBAY Works collaborative region:
A. The WDB will be solely responsible for all aspects of its WIOA Title I programs, including but not limited to participant certification, enrollment, and exiting; provision of case management services; and authority to issue an ITA/OJT. The Oakland PIC will not be responsible or liable in any way whatsoever for any decisions or actions made by the Richmond WDB in regard to such WIOA Title I activities, including but not limited to legal or financial liability.
B. The WDB will establish internal policies and procedures for matters related to ITAs/OJTs within its direct purview and control. These policies and procedures may include, but are not limited to, establishing the maximum amount of money the WDB will authorize for an ITA/OJT, and the process by which decisions are made regarding which WIOA participant may receive an ITA/OJT.
C. The WDB will provide the Oakland PIC with its current ITA/OJT- related policies and procedures to enable the Oakland PIC to administer the WDB's ITA/OJT funding in accordance with such policies. The WDB agrees that the Oakland PIC may rely on such policies and procedures in providing services under this agreement. The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC's reliance on such policies and procedures.
The Oakland PIC will maintain such current ITA/OJT-related policies and procedures as will enable it to administer the ITA/OJT system set forth in this agreement. The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC's use or failure to use those policies and procedures.
D. The WDB agrees to follow policies and processing procedures as listed in the "Counselor's Workflow Handbook", a copy of which is incorporated by reference. To the extent that additional or different procedures need to be established, Oakland PIC and the WDB will work together to establish procedures that work best for both the
Oakland PIC and all four WDBs of the EASTBAY Works Collaborative.
E. The Oakland PIC will provide the following services with regard to payment of approved training providers under this contract:
1) Establish and maintain a bank account for the WDB that shall hold funds specifically for payment to approved training providers for WDB-referred clients according to the guidelines for payment set forth below.
2) The Oakland PIC will ensure earned interest on that account is credited monthly to that account.
3) Draw down from impound account and invoice the WDB for ITA funds expended for WDB-referred client training. The Oakland PIC shall keep copies of invoices with attached copies of approved training provider invoices for ITA services provided to WDB-referred clients and shall make those copies available upon reasonably noticed request by WDB.
4) Make reasonable and necessary payments to approved training providers or employers for actual allowable costs from impound account, based on invoices received by the Oakland PIC from approved providers and which have been authorized by the WDB on behalf of the WDB's client. For purposes of payment to an approved provider, Oakland PIC shall accept from the WDB's designated operator, the signatures of the referring counselor and the management level individual authorized to approve ITAs and OJTs for the WDB. If both signatures are present, Oakland PIC shall assume that particular training has been approved and shall process it for payment without responsibility for the propriety of the approval.
5) Return to the WDB the balance of the bank account not more than thirty (30) days following contract termination unless the WDB has failed to provide Oakland PIC with necessary information to process the close-out pursuant to the agreement, in which case, Oakland PIC shall return the balance not more than forty-five (45) days from receipt of such necessary information, if any. The WDB may request that the account remain active if an extension or renewal of this contract is anticipated.
Only when all procedures as outlined in the Counselor's Workflow Handbook have been satisfied will the Oakland PIC withdraw the previously obligated funds from the training account and pay the eligible training provider/employer on behalf of the WDB.
After final payment is made Oakland PIC will enter as "paid" and the total dollar amount paid in the "Grant Checkbook".
F. The WDB understands that when a Career Counselor faxes or emails the Oakland PIC an ITA/OJT Payment Authorization Form that has been approved by the One-Stop manager, the WDB is officially directing the Oakland PIC to pay the Purchase Order that had previously been authorized by the WDB with the funds that had been previously obligated and deposited in the training account.
The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC's reliance on the WDB's delivery of the properly signed ITA/OJT request form, by fax, email or otherwise, to the Oakland PIC.
The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC's negligence in administering its responsibilities under this agreement.
G. Modifications and Cancellations will be processed pursuant to the procedures listed in the "Counselor's Workflow Handbook" and all refunds/payments shall be made according to the pro-rata payment policy obtained from the approved vendor.
H. Richmond WDB's Obligations: The WDB shall pay the Oakland PIC for services under the agreement as set forth in the Payment Provisions. In addition, the WDB shall:
1) Authorize the Oakland PIC to contract with and make payments to approved training providers on behalf of the WDB.
2) Ensure that the WDB refers clients for ITA training activities.
3) Ensure that WDB agrees to and adheres to the Oakland PIC's procedures for processing ITAs/OJTs as outlined in the "Counselor's Workflow Handbook" provided by the Oakland PIC and incorporated by reference into this contract. If any WDB policies or procedures for ITA/OJT contracting or processing are different from the Oakland PIC's, the WDB is responsible for carrying out those policies and procedures. In any event, the WDB ensures that the WDB's policies and procedures do not conflict with the Oakland PIC's.
4) Ensure that the WDB inputs client data into relevant WDB information and case management systems, into the Virtual One Stop Computerized Database (CalJOBS/VOS) system, and the Checkbook system utilized by the Oakland PIC and the WDB in processing ITA/OJT requests.
3. GOODS AND SERVICES
In addition to Individual Training Account (ITA) purchase orders, ETPL systems operations and On-the-Job Training (OJT) contracts; this contract authorizes the Oakland Private Industry Council, Inc. (Oakland PIC), to purchase goods and services, as directed, on behalf of the EASTBAY Works Workforce Development Boards (WDB).
FUNDING THE MAINTENANCE OF AN APPROVED PROVIDER LIST
Each of the EASTBAY Works Workforce Development Boards (WDB) promises to take such
steps as are necessary to secure funding to maintain this system and process within the context of the EASTBAY Works One-Stop system. Each party to this agreement agrees to cooperate fully with the other to ensure that all necessary funding is secured in a timely manner.
1. CONTRACTING AGENCY SERVICES
In order to implement the ITA, OJT, and/or other goods and services contracting system described above, the Oakland PIC agrees to provide the following contracting agency services to the WDB:
A. Bank Account: Oakland PIC will open/maintain a bank account that will be used solely for said (ITA, OJT, and/or other goods and services) contracting agency purposes.
B. Minimum Balance: The WDB will deposit the fifty (50) percent of the total amount of training funds, $185,736.9 into the training account and Oakland PIC will maintain $10,000.00 as a minimum balance throughout the contract period. Oakland PIC will invoice Employment & Training when they have reached a balance of $10,000 for the additional $198,736.9. The balance will be returned to the WDB within 45 days following the close of the contract.
If the WDB has expended all funds it has budgeted for the program year for ITA, OJT, and/or other goods and services, and needs to apply its minimum balance towards funding additional ITAs, OJTs, and/or other goods and services, the WDB must provide the Oakland PIC with at least 15 days' notice before the WDB authorizes expenditures that would draw down against the minimum balance. The WDB understands that the Oakland PIC is unable to apply its own funds towards any of the WDB's obligations.
C. Monthly Report: The Oakland PIC will provide the WDB with a monthly report that summarizes the ITA, OJT and/or other goods and services account status. The report will include, at a minimum, the following information: the total amount to date the WDB has deposited in the training account, the month end balance and bank statement, the cumulative expenditures to date, and total monthly disbursement.
2. ADMINISTRATIVE COSTS OF SERVICE ACTIVITIES
In consideration for providing administration services for the training system described in this agreement, and for the contracting agency services described in Section 1., the WDB agrees to pay Oakland PIC a total amount of no more than $34,972.88 as administrative costs of providing the services described, based on a maximum of $336,500.92 worth of ITAs, OJTs and/or other goods and services that are processed. Should the WDB wish to add more funds to its account with Oakland PIC and have Oakland PIC process additional ITAs, OJTs and/or other goods and services, the Oakland PIC shall receive an additional increase in administrative cost reimbursement in proportion to the funds in excess of the original contract limit for all additional $336,500.92.
The administrative costs will be payable to Oakland PIC upon receipt of a monthly invoice detailing costs.
SPECIAL CONDITIONS
1. TERM: This agreement will commence upon (July 1, 2022) and terminate as of the close of business on (June 30, 2023), unless earlier terminated in accordance with the terms contained herein. The agreement may be renewed upon mutual written agreement of the parties.
2. MODIFICATION: This agreement may be modified or terminated prior to its completion date by agreement of the parties as indicated by a mutually signed document. Either party may unilaterally terminate this agreement so long as the terminating party provides notification 30 days in advance in writing of the effective termination date, the reason for termination of the agreement, and procedures to be used for concluding all activities relating to the agreement. The Oakland PIC will not be liable for any new obligations incurred by the WDB after Oakland PIC has received such notice of termination.
3. COMPLIANCE WITH LAW: Each party agrees to comply with and abide by all of the following laws and regulations which are incorporated by reference herein as if fully set forth: Public Law 113-128; 20 CFR Part 645; 29 CFR Part 97 (including but not limited to Part 97.36 (1-13)); OMB Circular Numbers A 133, A21, A87, A122 (as applicable). Additionally, the parties agree to comply with all of the terms and conditions set forth in this agreement; any and all attachments to this agreement which are made a part hereof; and all applicable documents incorporated by reference.
4. PARTIES TO THE AGREEMENT: Neither the Federal Government represented by the U.S. Department of Labor nor the State of California is a party to this agreement, and no legal liability on the part of any of them is implied under the terms contained herein. Any liabilities or disputes as may arise under this agreement are between the WDB and the Oakland PIC and shall be resolved informally, if possible, or if not possible, under the applicable laws of the State of California.
5. INDEMNIFICATION: The WDB will indemnify, defend and hold harmless the Oakland PIC, Inc., its officers, agents and employees from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons or property from any cause whatsoever arising from or connected with the operations of or services provided by the WDB resulting from the conduct, negligent or otherwise in whole or in part, of the WDB, its agents, representatives, or employees to the extent permitted by law.
The Oakland PIC will indemnify, defend and hold harmless the WDB, its officers, agents and employees from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons
or property from any cause whatsoever arising from or connected with the operations of or services provided by the Oakland PIC resulting from the conduct, negligent or otherwise in whole or in part, of the Oakland PIC its agents, representatives, or employees to the extent permitted by law.
6. RECORD RETENTION: Each party will comply with 29 CFR Part 97, Section 97.42, and WIOA Section 185(a) with regard to retention and access requirements for records. The parties are required to keep all relevant WIOA (and its predecessor WIA) records for a minimum of 4 years. In the event that any litigation occurs within the 4 year period, each party promises that relevant records will be retained beyond the 4 year period, and until such time as the litigation, claim or audit has been resolved
Each party agrees to maintain on a current basis complete financial records including, but not necessarily limited to, books of original entry, source documents in support of accounting transactions, a general ledger, personnel and payroll records, cancelled checks, and related documents in accordance with generally accepted accounting principles.
Each party agrees to maintain on a current basis complete records pertaining to the provision of services and eligibility, including, but not limited to, client files, participant records, or other service related documentation.
Each party agrees to maintain on a current basis complete records pertaining to its organizational structure and activities, including but not limited to, bylaws, articles of incorporation, documentation of tax exempt status, Board of Directors roster, minutes of meetings of the Board of Directors and committees, administrative program policies and procedures and any other documents required by the EASTBAY Works WDBs or the State or the federal or the Oakland PIC or the applicable funding source.
Each party will cooperate with the other in the preparation of, and will furnish any and all information required for, reports prepared by either party relating to the subject matter of this agreement or as may be required by the rules, regulations or requirements of any and all EASTBAY Works WDB or other governmental entity, or the Oakland PIC or applicable funding source. The requesting party will specify in detail the cooperation required.
Each party reserves the right to issue further instructions regarding the extent of records required to be kept, the format to be used, and record retention and access requirements as is necessary to perform audits and to otherwise comply with requirements set forth by applicable funding sources.
7. GRIEVANCES: WIOA participant grievances or employee grievances arising under the either party's WIOA programs will be limited to the interpretation and application of relevant Federal, State, and local laws, regulations, policies and procedures.
Such grievances will not include interpretation of the contents of this agreement.
Resolution of these types of grievances will be in accordance with policy established by the relevant party and will not involve the other party in the
proceedings.
8. INSURANCE: During the term of the agreement and any extension thereof, each party will keep in effect its self-insured or other insurance policies as are required by law; and provide coverage that may be required by the performance of the agreement in the following minimum requirements:
A. Workers' Compensation in accordance with the provisions of Section 3700 of the State of California Labor Code; or, if Workers Compensation is not applicable, Medical and Accident insurance in the amount of fifty thousand dollars ($50,000), for injury or disease resulting from an individual's participation in any activity hereunder;
B. General Liability Coverage in the amount of 2 million dollars ($2,000,000) including but not necessarily limited, to, the following:
1) Coverage for any loss including fire and theft of any and all non-expendable items;
2) Accident coverage on an "occurrence" basis;
3) Coverage of both personal injury and bodily injury; and
4) The Oakland PIC, its officers, employees and agents named as additional insured under the policy; and provide that no other insurance effected by Oakland PIC will be called upon to contribute to a loss hereunder.
C. Auto Liability Coverage in the amount of $1,000,000 to provide for coverage of owned and nonowner vehicles used in connection with the performance of the Contract.
9. AVAILABILITY OF FUNDING: All funding that may be committed under this agreement is contingent upon the availability of federal funds and continued federal authorization for program activities. This agreement is subject to modification or termination due to actions taken by the federal government that result in a frustration of agreement purpose. Further, the parties agree to accept, and add to this agreement, any conditions imposed by the U.S. Department of Labor or relevant state agency.
10. FRAUDULENT USE OF FEDERAL FUNDS: The WDB will advise the Oakland PIC directly and immediately of any apparent improper or fraudulent use of WIOA funds which comes to its attention; or of any apparent supplying of misinformation to the Oakland PIC or its representatives, per WIOA regulations and per WIOA Section 185(b), 20 CFR 683.430 and 683.620, and TEGL 2-12, which require that all instances of fraud, waste and abuse and criminal activity be reported to OIG and to State of California Compliance Review Division.
11. DRUG FREE WORKPLACE: Each party, by signing this agreement, agrees to comply with the Drug Free Workplace Act of 1988.
12. CONFIDENTIALITY OF FILES: Each party will maintain the confidentiality and security of all participant files and no information may be divulged to any outside party without the express written permission of the WIOA participant except, as necessary for purposes of performance or evaluation to persons having authorized responsibility and to the extent necessary for proper administration.
13. WORKPLACE SAFETY: Each party assures that it is in compliance with all applicable federal, state, and local laws governing workplace health and safety conditions, payment of wages, collective bargaining, labor relations, and any other regulations affecting personnel which are mandated by law or legal agreement.
14. COPYRIGHTS: Each party will comply with applicable federal and state laws pertaining to copyrights which states in its entirety: "The Federal awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or contractor purchases ownership with grant support."
15. UNLIMITED RIGHTS IN DATA: Each party understands that the Department of Labor shall have unlimited rights to any data first produced or delivered under this agreement.
16. CONFLICT OF INTEREST: Each party and the members of its governing board, and persons under its employ shall avoid any actual or potential conflicts of interest or circumstances of nepotism
17. DEBARMENT: Each party to this agreement certifies that: Neither it nor its principals or employees are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.
Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this agreement. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the DOL may pursue available remedies, including suspension and/or debarment.
The prospective recipient of Federal assistance funds shall provide immediate written notice to Oakland PIC if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549.
The prospective recipient of Federal assistance funds agrees should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation.
18. ACCOUNTING SYSTEM: The Oakland PIC will maintain an accounting system, which is in accordance with generally, accepted accounting practices and is in accordance with the Financial Management Systems described in applicable U. S. Department of Labor, Office of Management of Budget Circulars.
19. FINANCIAL MANAGEMENT AND AUDIT: The Oakland PIC will comply with all financial management and fiscal procedures prescribed by WIOA legislation, the Department of Labor, and the State of California, and the Oakland PIC, including audit and contract close-out procedures, and reimbursement of costs.
The records kept by the Oakland PIC that relate to this agreement will be accessible to the WDB and to the local responsible governmental agency for audit and inspection to assure proper accounting of funds, and to certify the nature of, and evaluate the Oakland PIC's performance of its obligations set forth in this agreement. The WDB and the local responsible governmental agency will be entitled to access onto the Oakland PIC's premises to observe operations, inspect records or otherwise evaluate performance provided that at least 15 days notice of request for access is provided in writing to the Oakland PIC. The WDB or the local responsible governmental agency will conduct inspections and manage information in a manner consistent with applicable laws relating to confidentiality of records and in a manner that will minimize disruption of the Oakland PlC's work.
Separate and apart from the audit and inspection provisions set forth in this agreement, each party's records will be subject to audits as required by Federal or State agencies or other funding sources. These audits include those performed pursuant to applicable OMB Circulars, or audits otherwise authorized by Federal or State law.
20. AUTHORITY: Each party has the full power and authority to enter into and perform this agreement, and the person signing this agreement on behalf of each party has been properly authorized and empowered to do so.
21. SEVERABILITY: If any term, covenant, or condition of the agreement is held by a court of competent jurisdiction to be valid, void, or unenforceable, the rest of the agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated, unless such enforcement will frustrate the purpose of this agreement.
22. AUDIT REQUIREMENTS: Contractor will comply as applicable with federal and state audit requirements as contained in OMB Circular A-133, WIOA section 184, Title 20 CFR Section 683.210, Title 29 CFR Part 95 or 97 (as applicable), Title 31 USC Chapter 75 and with the California Nonprofit Integrity Act of 2004, Section 12586.
23. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties, superseding any prior written or oral agreements between and among them on the same subject matter.
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 Cont
ractor 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.
41. 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 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 must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement."
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):
7. OMB Circular A-11 0 Subpart C Section 48 - Contract Provisions. All negotiated contracts (except those for less than the simplified acquisition threshold) awarded by recipients shall include a provision to the effect that the recipient, DOL, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.
8. It will comply with OMB Circular Numbers A-122 or A-133 as these circulars relate to the utilization of fields, the operation of programs and the maintenance of records, books, accounts, audits, audit plans and other documents.
9. It will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act.
10. It will comply with Title VI of the Civil Rights Act of 1964, as amended, (P.L. 88-354) and in accordance with the Title VI of the Act. No person in the United States shall on the grounds of race, color, age, sex, ancestry, religious creed, or national origin, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance.
11. It will comply with Section 504 of the Rehabilitation Act, as amended, (29CFR, Part 32) Final Rules and Regulations. No qualified handicapped individuals shall, on the basis of handicap, be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted refugees and parolees, and other individuals authorized by the United States Attorney General to work in the United States.
12. Whistleblower Protection: The contractor awarded funds made available under WIOA shall promptly refer to the U.S. Department of labor Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.
13. It will comply with the provisions of the Hatch Act, which limits the political activity of employees.
14. The services contracted under this contract do not involve political activities.
15. It will give the Employment and Training Director, through any authorized representative, the access to and the right to examine all records, books, papers or documents relative to this contract.
16. It will establish safeguards to prohibit employees from using their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business or other ties.
17. It will give the Department of Labor, the City and the State of California, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to the grant.
18. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed.
19. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants.
20. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs and other policies as may be necessary to promote the effective use of funds.
21. It will submit reports as required by the Employment and Training Department and will maintain records and provide access to them as necessary for the City staff's review to assure that funds are being expended in accordance with the purpose and provisions of the WIOA, including the maintenance of records for determining the extent to which the program meets the special needs of the disadvantaged, the chronically unemployed, dislocated and low income persons for meaningful employment opportunities.
22. It will comply with all requirements imposed by the Department of Labor (DOL) and for the City · concerning special requirements, and other administrative requirements.
23. It will comply with the labor standards requirements.
24. In signing this contract, Contractor agrees to immediately noti.fy the City of Richmond (COR) of their intent to obtain a copyright or patent for material written or items during this contract or subsequent to it. The COR will then notify the U. S. Department of Labor (DOL) and the State of California Employment Development Department (EDD) who will determine whether either or both government entities have any rights regarding the copyright or patent developed during the course of this Contract.
25. It will comply with the mandatory standards and policies related to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy Conservation Act (Public Law 96-163) ---per reference at 29 CFR 97.36(i)(13).
26. It shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.
C. Contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and. contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Orders 12549 and 12689; Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211 ). 1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2) Where the prospective recipient of Federal assistance funds is unable to certify to any of this certification, such prospective participant shall attach an explanation to this certification.
TRANSFER AND SUBCONTRACTS: This Contract shall not be assigned or transferred, and services required hereunder shall not be subcontracted either in whole or in part.
TERMINATION: This Contract may be terminated by the City, in whole or in part, should any of the procedures or commitments herein be violated.
SPECIAL CONDITIONS
Certification Regarding Drug Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
a. The dangers of drug abuse in the workplace
b. The person's or organization's policy of maintaining a drug-free workplace c. Any available counseling, rehabilitation and employee assistance program, and d. Penalties that may be imposed upon employee for drug abuse violations 3) Provide as required by Government Code Section 8355 that every employee who works in the proposed organization
a. Will receive a copy of the organization's drug-free policy statement, and ' b. Will agree to abide by the terms of the organization's statement as a condition of employment in the organization
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
Exhibit F
Section 8
City of Richmond -Insurance Requirements- Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or prov iding services, the City requires the following MINIMUM insurance requirements and limits .
CONTRACTOR shall procure and ma intain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons o ~ 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 acqu ire 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 fo r general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements .
City reserves the right to modify or require additional coverages for spec ific 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 pol icy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance -the following forms shall be provided and coverage shall be at least as broad as the following :
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers ' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder 's Risk/ Course of Construction Insurance .
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)
7. Contractor 's Pollution Liabil ity (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and
Employers' Liability
Revised: September 2011
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.uslindex.aspx?nid=61 .
Type 1 - Page 1 of 4
Exhibit F
Section 8
City of Richmond -Insurance Requirements- Type 1:
Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
Revised: September 2011
PROJECT COST REQUIRED LIMIT
----------------------------------------- -----------------------------------------$0 - $5 million $2 million p/o ~ ~~~~~~~~~~~iii}?~~~~~!~~ ~~iiiJ?~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~0~ii1I?~~ PZ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ------------ Qy_~~ -~~9- !l.:l!IJ ~C?_~---- -------- ------------ -~ ~9- !l.:l!IJ~C?.~ J?[~_--- --------- Fireworks $5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
$1,000,000 per occurrence for bodily injury and property damage.
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond's site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all r!ghts of subrq_gation ag_ainst City_.
Same limits as General Liability.
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.
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
Type 1 - Page 2 of 4
Exhibit F
Section 8
City of Richmond - Insurance Requ irements -Type 1:
Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements can be found at (continued) httQ.: {_{_www. ci.richmond. ca.us{.index.asQ.x?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 Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
httQ.: {_{_www.ci.richmond.ca.us{.index.asQ.x?nid=61
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approved Retentions by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self- insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses .
Contractor is responsible for satisfaction of the deductible and/or self - insured retention for each loss.
Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
and/ or Course of Construction
Insurance is required.)
SUR ETY BONDS The Contractor shall provide:
( I f a Public Works/Engineering 1. A Bid bond
Project) 2. A Perform a nee Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbre lla or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specif ied for underlying coverages and cover those insured in the underlying policies .
Claims-Made Policies
If any insurance policy is written on a claims -made fo rm: 1) the retroact ive 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 prov ided for at least five (5) years aft~r complet ion 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 subcontracto rs 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 indemn ify 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, includ ing, without limitat ion, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be lim ited by the amount of the required insurance coverage .
Type 1 - Page 3 of 4
Revised: Septembe r 2011
City of Richmond -Insurance Requirements- Type 1:
Consultants and Contractors
Verification of Coverage
Exhibit F
Section 8
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until i·nsurance 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.
Type 1 - Page 4 of 4
Revised: September 2011
- Exhibit G
December 6, 2022
Library and Community Services
DATE: November 22, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Sam Vaughn, Deputy Director of Community Services –
Office of Neighborhood Safety
Subject:
Grant Award from the East Bay Community Foundation
FINANCIAL IMPACT: The receipt of these grants will provide $90,000 to the Office of Neighborhood Safety to provide general and
emergency support services and opportunities for the
ONS Operation Peacemaker Fellowship.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting Acceptance and Appropriation of the grant awards from the East Bay Community
Foundation in the amount of $90,000 to provide general
and emergency support for the Office of Neighborhood
Safety (ONS) Operation Peacemaker Fellowship
supported by ONS street outreach efforts.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE grant awards totaling
$90,000 from the East Bay Community Foundation
(EBCF) for the Office of Neighborhood Safety (ONS)
Operation Peacemaker Fellowship Program – Library
and Community Services Department (LaShonda
White/Sam Vaughn, 510-620-5404).
AGENDA
REPORT
December 6, 2022
DISCUSSION:
The Office of Neighborhood Safety (ONS) received grant awards in the amount of $30,000 for FY2020-2021, $30,000 for FY2021-2022, and $30,000 for FY2022-2023 totaling $90,000 from the East Bay Community Foundation (EBCF) to provide general operating support for the ONS Operation Peacemaker Fellowship Program. The funds will be used to provide supportive services and emergency services to Richmond youth most likely to be impacted by gun violence. This City Council action will authorize ONS to appropriate and utilize the funds as directed in the grant. The grantor, EBCF, confirmed that these funds do not have a time limit for expenditure.
DOCUMENTS ATTACHED:
Attachment 1 – Grant Award Letter for 2020
Attachment 2 – Grant Award letter for 2021
Attachment 3 – Grant Award letter for 2022
Attachment 4 – Email confirmation of no time limit on expenditure of funds Attachment 5 - Resolution