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Date:OS/14/2018
EXCEPTION REQUEST FINANCE DIRECTOR MUST APPROVE
To Encumber Funds after PRIOR TO REQUISITION ENTRY
Cutoff Date (One form per Requisition) The last day to create Contracts and ALL REQUISITIONS WITH COMPLETED EXCEPTION FORMS MUST REACH THE PURCHASING QUEUE BY MAY 18, 2018. Requisitions was April 27, 2018.
AFTER THAT DA TE REQUISITIONS WILL BE REJECTED.
To be charged to: FY 17 /18 Department: Information Technology CIP PROJECT? (put an X): Requisitioner/ Requester: Steve YES NO X Furtado
Funding Source: l}d<o16 11 Telephone Number: 620-6745
Account String: Org: Object: t..;oo ) 6 2 Project: Amount: t S~ Jo SAccount String: Org: Object: Project: Amount:
Account String: Org: Object: Project: Amount:
1. Will this purchase/service be received/completed before 06/30/18 for FY 17 /18 funding? Yes
If Yes -7 Continue to # 2
If Na 1'-Requisition must be created in FY 18/19
VENDOR NAME AND VENDOR# 12612 Ramundsen Superion Holdings, LLC I CONTRACT # 4129 CIRCLE ONE: GOODS OR 0 ERVICES)
DESCRIPTION OF PRODUCT OR SERVICE: Professional Services for implementation of IVR module. of TRAKiT
2. Is this a CIP encumbrance that will need to roll to FY 18/19? No.
3. Give reason why Requisition/Contract was not processed timely (prior to April 27, 2018) Invoice not received until May 10. Under terms of the contract 50°/o of these fees are due upon execution of the contract (03/27 /2018) - 4. Once form is completed with Department Head's approval, deliver form to the urchasing_ Division. Purchasing_ Staff will obtain Ms. Warner's a12J!.rova/J s. Once Approved by Finance Director and initialed by the Purchasing staff, Purchasing will contact Requisitioner. Requisitioner will scan and attach Exception Form to all · other supporting documentation.
Department Head Print Name: Sue Haljflan (Steve F 9tado) Date: 05/14/2018 Department Head Signature: ~/ ti..~
Finance Director's Approv~A / 'A Date: s1;J.:).J~ PURCHASING DIVISI~ LY: I , Purchasing Staff Initials once copy is made: Date:
PR# PO# Date Converted:
03/09/2018
DocuSign Envelope ID: 91228F5F-302D-47C7-AADE-966BC45E609D DocuSign Envelope ID: 04A5C6E1-4D8B-4D11-9434-2A1A5B8443C7
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I.T. – RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases Date ___________
Requested Vendor _______________________________________________ V# _____________ Vendor Address ________________________________________________________________ ________________________________________________________________ Contact Person ________________________________________________________________ Email Address ________________________________________________________________ Phone No ( ______ ) ____________________ Fax # __________________________ Quantity Item Unit Price Total
_____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ Total $________
Purpose
This section must be completed with respective price quote(s) included with form:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Requested by
________________________ ________________________
Department Head IT Director
________________________ ________________________
Approval Date Approval Date
Information Technology Related – Purchase Form – Rev 5-2016 03-02-2023 Superion, LLC. 12612 Radmundsen Superion Holdings, LLC 1000 Business Center Drive, Lake Mary FL 32746 Tracey Bierman [email protected] 800 727-8088 1 2md Amendment $51,462.92 51,462.92 Approve a one-year amendment with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM) for the period of April 1, 2023, through March 31, 2024, to increase the contract payment limit by $51,462.92 for a new total contract amount not to exceed $410,046.35. Sue Hartman 03-02-2023 Sue
Hartman
Digitally signed by Sue Hartman
DN: cn=Sue Hartman, o=City of
Richmond, ou=IT,
[email protected]
nd.ca.us, c=US
Date: 2023.03.06 21:27:54
-08'00'
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ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:
Is this item ADA Compliant? Yes __________ No_________
If NO, please answer the following questions:
Will this item be used by the public? Yes ________ No _________ Can other vendors provide an ADA compliant product? Explain Will this item be used by City employees? Yes ________ No _________ Categories for Information Technology (IT) Product
• Software applications and operating systems
• Web-based information and applications
• Telecommunications products
• Video and multimedia products
• Desktop and portable computers
• End user hardware
Examples of Information Technology (IT) Products
• World Wide Web
• Scanners
• Printers
• Copiers
• PDAs
• Computers
• Computer Software
• Computer Operating Systems
• Phones
• Apps
• Information Kiosks
• ATMs
• Multimedia
• Videos
• Fax Machines
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March 21, 2023
Library and Community Services
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director for Community Services,
Employment & Training
Fred Lucero, Program Manager
Subject: Three-year Contract with Universal Safety & CPR Solutions to Provide Hazardous Materials Training and HAZWOPER
40 Certifications
FINANCIAL IMPACT: The proposed expenditure of $31,000 will not affect the general fund. The funds will come from the newly awarded Environmental Protection Agency grant (12571141-
400538-22944)
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Environmental Protection Agency awarded the City a
$200,000 grant which funds hazardous materials training and HAZWOPER 40 certifications. City Council approval
is required for the expenditure of EPA grant funds to enter into a three-year contract with Universal Safety & CPR
Solutions to provide that training.
RECOMMENDED
ACTION:
APPROVE a three-year contract with Universal Safety &
CPR Solutions, in an amount not to exceed $31,000, with a term from July 1, 2022 thorugh June 30, 2023, to provide hazardous materials training and HAZWOPER 40
certifications at the RichmondBUILD facility – Community Services Department, Employment & Training (LaShonda
White/Tamara Walker/Fred Lucero 510-621-1562).
DISCUSSION:
AGENDA
REPORT
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March 21, 2023
In May of 2022, the Employment & Training Division (E&T) was awarded $200,000 through a competitive grant from the Environmental Protection Agency for Environmental Workforce Development and Job Training Grant funds will allow the City to train 80 students and place at least 51 graduates in environmental jobs. Any additional funds will allow E&T to provide training to additional participants.
The core training program includes 234 hours of instruction in 40-hour HAZWOPER, OSHA 10, confined space entry, customized utility-scale solar installation, refinery safety, first aid/CPR, and Richmond BUILD pre-apprenticeship construction.
Participants who complete the training will earn three federal certifications. The City is targeting low-income, unemployed, underemployed, and veteran residents with a focus on outreach to minority populations.
As part of the grant, E&T required a HAZWOPER trainer. E&T followed the City of Richmond’s protocol for selecting a vendor through Bids Online. A Request for Qualifications (RFQ) was released in April 2022 and panel of three (3) reviewers scored proposals from Universal Safety & CPR Solutions, NES, and HMI. After reviewing bid packets of three vendors, Universal Safety & CPR Solutions was selected. Not only were they the lowest bidder but they have worked exclusively with very similar demographics that RichmondBUILD serves. The proposed contract is fully grant funded and has a term from July 1, 2022 though June 30, 2025. Due to City staff’s oversight and challenges, this contract is just now being brought forth for City Council’s approval.
City staff is working internally to ensure that future contracts are presented to City Council timely.
The vendor will conduct construction safety classes and HAZWOPER 40 classes at the RichmondBUILD facility. The certifications earned at RichmondBUILD will broaden the employment opportunities for RichmondBUILD graduates. Classes under the new EPA grant started in October 2022 and the construction safety classes and HAZWOPER 40 classes are required as outlined in the EPA grant. All participants of the grant will be enrolled in the RichmondBUILD Academy.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Universal Safety and CPR Solutions Proposal Attachment 2 – Request for Qualifications (RFQ)
Attachment 3 – Universal Safety and CPR Solutions Proposal Attachment 4 – Scoring Matrix
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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.
(310)602-7371 [email protected] 510-621-1562
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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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:
Fred Lucero, Program Manager
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. / 450 Civic Center Plaza
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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:
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General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
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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.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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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
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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.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
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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):
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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.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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March 21, 2023
Library and Community Services
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community ServicesEmployment and Training Subject: Contract with Rubicon Programs Funded by the
California for All Youth Grant
FINANCIAL IMPACT: The contract will be funded entirely by the California for All Youth Grant from California Volunteers – Office of the Governor (12572641-400535-27A01)
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Employment and Training Department is seeking a
sole-source contract with Rubicon Programs to be the
service provider for the Beautify Richmond project which will train Richmond job seekers in blight removal and
neighborhood revitalization.
RECOMMENDED ACTION: APPROVE a sole-source contract with Rubicon Programs to train Richmond job seekers in blight removal and neighborhood revitalization through the Beautify
Richmond Project, for a contract term from March 1,
2023, through June 30, 2024, and for a total not-toexceed amount of $95,323 funded under the California for All Youth Grant from California Volunteers –
Community Services Department (LaShonda
White/Tamara Walker 510-307-8006).
AGENDA
REPORT
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March 21, 2023
DISCUSSION:
The City of Richmond’s Employment and Training Division was awarded $2,972,695 from California Volunteers, Office of the Governor. These funds were allocated to provide Richmond youth and young adults, ages 16 – 30, with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries (Attachment 1).
The Employment & Training Division is seeking to partner with Rubicon Programs – Richmond, Rubicon landscaping, and the Reentry Success Center. City staff is seeking approval to enter into a contract with Rubicon Programs – Richmond in an amount not to exceed $95,323 with a term commencing March 1, 2023, and ending June 30, 2024, for support in implementing the Beautify Richmond Project, a blight removal and neighborhood revitalization program funded under the California for All Youth grant.
The sole-source justification for the selection of Rubicon Programs – Richmond is as follows (Attachment 2):
Local organization and cost-effectiveness
Successful history working with the re-entry population through the Reentry Success Center
Social enterprise that teaches the needed job skills and a strong support system to the target population through Rubicon landscaping
The partnership will provide job preparedness training and opportunities that will allow program participants to gain work experience important to enhancing their qualifications and advantages toward their ultimate success. Each participant will be allowed to work a maximum of 500 hours at $20/hour (Attachment 3). Employment and Training will be responsible for payroll functions.
The City of Richmond will benefit by having this addition to its labor force to revitalize and clean up the city, grow its own talent pool to fill open vacancies, and assist with other COVID-19 recovery efforts.
DOCUMENTS ATTACHED:
Attachment 1 – California for All Youth Grant
Attachment 2 – Sole Source Justification
Attachment 3 – Rubicon Programs Contract
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2. The term of this Agreement is:
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 6/27/2022
6/27/2022
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City of Richmond For All Youth Workforce Development Program RFA#JP12-002
Section 1: Program Goals
The COVID-19 pandemic and accompanying economic downturn are having staggering effects on young adults. Young people are typically among the hardest-hit groups during recessions and getting off to a bad start in the labor market can have long-term effects.
Prior to the pandemic, young people aged 16 -24 were already disproportionately adversely affected in the labor markets compared to other age groups. Even as the nation enjoyed record low unemployment rated between 2016 and early 202, young people experienced unemployment rates twice as high as the national average. Experts estimate that the number of young people between the ages of 16 -24 who are not in school or working will easily top 6 million and could swell to almost one-quarter of all young people.
Thus, young people are facing a catastrophic crisis, and we can’t wait to act. The window for action is open, but we need to move swiftly. We need a society, economy and community designed to care for all people, especially young people, who are the most important and most affected stakeholder when talking about our global future.
Therefore, the City of Richmond has made young people the heart of it’s COVID-19 recovery by helping them prepare for work and life as engaged citizens. Richmond has prioritized education, civic engagement, and employment for Richmond youth.
Our goals are as follows:
• Improve the health and well-being of the community by providing valuable educational, social, and environmental services
• Prevent long-term unemployment among young adults and reduce economic hardship. • Help young people prepare for future good jobs by offering a more affordable route to postsecondary education and giving them the chance to learn new skills, gain work experience, and expand their social and professional networks. • Rebuild civic and social connections by bringing participants from different backgrounds, income levels, races, ethnicities and area of the city together to share experiences to solve public challenges.
Section 2: Program Design
City of RIchmond
#JP2002
Exhibit A Scope of Work
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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We cannot fail in the crucial task pf promoting equal opportunities for all young people to thrive.
The pandemic has interrupted the education, socialization, and employment of tens of millions of children and young adults – disproportionately hurting those from low-income families and communities of color.
As we recover, we must aim higher and think bigger, rather than returning to the economic and social status quo.
It is our responsibility, as local government, to provide an avenue for young people to support themselves financially, carry out meaningful and productive work, learn new skills, and expand their networks to prepare for a leadership role in the future.
The City of Richmond For All Youth Workforce Program is designed and administered by Richmond YouthWORKS, a department within the city, in partnership with the Richmond Police Activities League, RichmondBuild, Richmond YouthBuild, Richmond Office of Neighborhood Safety, Richmond Police Cadet, Richmond Fire Department Explorers, West Contra Costa Unified School District, THIMBY, and Contra Costa College.
All program partners have over 10 years of providing youth development and employment and training opportunities for at-risk, low income Richmond youth.
In addition, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program.
The program will target 150 at-risk, low-income Richmond youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, or have aged out of the foster care system. We will serve a minimum of 75 youth per year in year-round/summer employment opportunities beginning May 1, 2022.
The program will focus on building and expanding career pathways, addressing climate control and food insecurities, and provide meaningful service opportunities to assist COVID-19 recovery in the community.
Each youth referred to the program will go through an intake process which includes a resiliency and needs assessment. Upon completion of their assessments, each participant will receive a Career Action Plan. A career action plan is a dynamic planning document owned and managed by young people intended to reflect their increased career development learning. The plan helps young people: set their goals. clarify the actions needed to achieve these goals.
Participants can participate in the following programs:
• Career Support – All participants will be required to attend our Career Support workshops. The workshops designed to prepare youth for employment providing soft skills training in order to increase the youth’s employability in a short amount of time.
The workshop is comprised of modules on professionalism, workplace conflict resolution, workplace safety, financial management, resume writing, job search and interview techniques and job retention.
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• Life Skills – All participants will be required to attend our Life Skills workshops. The workshops give youth the ability to learn new skills that increase their understanding of the world around them and equip them with the tools they need to live a more productive and fulfilling life; to finding ways to cope with the challenges that life, inevitably, throws at them.
• Public works and environmental conservation/restoration program – Participants will address long-standing conservation, restoration, and climate change needs such as maintenance backlog in public parks, and coastal ecosystem restoration, neighborhood beautification, and disaster preparedness as a result of COVID-19. • RPAL Farm, Garden and Culinary Arts program – Participants will be introduced to the local agricultural industry and build new and essential life skills through farming, gardening, cooking and food literacy. Young people will have the ability to make healthy food choices by having the skills and knowledge necessary to buy, grow, and cook food with implication for improving individual, family, and community health. • Tiny House In My Backyard (THIMBY) – Participants will participate in the design and construction of carbon neutral, off-grid capable transitional housing for low-income and unhoused Richmond residents. This student-led housing initiative was developed by UC Berkeley students to address the acute housing crisis in the region, which has been especially exacerbated in the wake of COVID-19.
• Public Service & Safety Corp – A career pathway program and pipeline that teaches the critical skills needed for and entry into public service and safety careers. • RichmondBuild and YouthBuild - Participants work toward their GEDs or high school diplomas (if appropriate), learn job skills, and work on community projects. The program provides participants with intensive hands-on training in industry-recognized certifications and supports their progress toward a lucrative career in the construction industry.
Section 3: Youth Recruitment/Development
Participants for the City of Richmond For All Youth Workforce Development program are atrisk, low-income Richmond Youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, and/or have aged out of the foster care system.
There are various entry points into to the program; inhouse recruitment and partnering agencies referral. Richmond YouthWORKS is a youth development program that focuses on provided employment and training opportunities to Richmond youth ages 16 – 24.
Richmond YouthWORKS along with RichmondBuild and Richmond YouthBuild are under the auspices of the City of Richmond’s Employment & Training Department and will be a pipeline for recruitment.
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In addition, the department, in partnership with West Contra Costa Unified School District, Contra Costa Office of Education, and Contra Costa Community College, provide employment opportunities for 500 Richmond youth during the summer.
Furthermore, we receive referrals from law enforcement agencies, community-based organizations, probation, and independent living programs.
Lastly, the City of Richmond utilizes several outreach platforms to provide information to the community. These platforms include:
• Television station
• Mayor’s weekly blog
• Community Newspaper
• City Manager’s weekly report
• Social media outlets (i.e., Facebook, Twitter, Instagram) As stated above, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program. These services include:
• Case Management,
• Transportation assistance,
• Referral to substance abuse treatment and mental health counseling, • Assistance with childcare,
• Assistance with housing,
• Legal aid services,
• Referrals to healthcare,
• Assistance with uniforms and other work attire and work-related tools and gear, • Assistance with book, fees, and school supplies, and
• Payments for fees for employing and training-related applications, tests, and certifications.
Section 4: Metrics/Outcomes
As a workforce development system, we are competent in data collection for outcome measures.
We are very confident in our ability to provide the required metrics for the grant.
We have the capability and capacity to utilize our current MIS system, CalJobs, to capture the required outcome metrics which are aligned with the Workforce Innovation and Opportunity Act (WIOA) metrics that govern our funding.
Section 5: Budget/Staffing/Communication
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The City of Richmond commits to using CaliforniaVolunteers developed branding for this program and will participate in CaliforniaVolunteers-organized training/curriculum if required.
In addition, if funded, we would be interested in participating in a program launch media event with CaliforniaVolunteers.
TOTAL: $2,972,695
Category Amount Total Budget Narrative
Year 1 Year 2
Staffing
(3) FTE Employment Program
Specialist
Administrative/MIS Staff
.5FTE
$177,444
$40,004
$186,300
$41,862
$363,744
$81,866
3 FTE Employment Program Specialist responsible
for outreach, case management and job placement.
Cost of living increase in Year 2.
Responsible for program support, tracking and
reporting of program outcomes, and support for
outreach and recruitment
Benefits @.45% $18,002 $18,838 $36,840 Calculated at .45% Supplies (tools, uniform, wood,
nails, paint)
$10,000 $10,000 $20,000 The total budget for supplies equals $20,000, and includes $10,000 for the cost of
construction supplies and consumables to be used in
the construction training lab, and uniforms and safety
equipment for participants. An additional $10,000 is
included for the cost of hand and power tools for use
by participants.
Contractual
Richmond Police Activities
League Farm, Garden, Culinary
Program
Contra Costa College
$100,000
$50,000
$100,000
$50,000
$200,000
$100,000
Contract with the Richmond Police Activities League
to administer the Youth Farm Safety Education and
Certification Program.
Contract with Contra Costa College to administer the
Public Service and Safety certification program.
Other
Supportive Services
Participant Wages = 150 youth
X $20/hr. X 500 hours
$200,000
$750,000
$200,000
$750,000
$400,000
$1,500,000
Costs associated with providing wraparound services
(see description of wraparound services above)
Costs for participant wages will equal $10,000 per
participant, for a total of $1,500,000 for 150
participants (75 per year) in year-round and summer
program.
Administrative Cost (10%) $134,545 135,700 $270,245 Charges for “Other” also include administrative costs calculated at 10% of the
total federal request of $2,702,450, and equal
to $270,245.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
3-21-23, CC Mtg.
City of Richmond
#JP2002
Applicant:
Items Description Calculation Total Budget
Administrative Costs General purpose staff,
including office staff,
Director, fiscal staff and
item such as office supplies,
internet access, office
postagecopier cost, etc.
.1FTE Director
.1 Administrative
Analyst
.2FTE Fiscal Support
10% of office
expenditures
$ 255,495.00
Total $ 255,495.00
# Requested Hourly Salary # of Hours Total Budget
150 $20/hr 500 $ 1,500,000.00
Total $ 1,500,000.00
Items Description Calculation Total Budget
FICA for Fellows Social Security & Medicare 150 X $500 X 7.65% $ 114,750.00 Worker's Compensation
Health Care
Total $ 114,750.00
Items Description Calculation Total Budget % Allocation Cross Check Support Services Transportation assistance,
Referral to substance abuse
treatment and mental
health counseling,
Assistance with childcare,
Assistance with housing,
Legal aid services, Referrals
to healthcare, Assistance
with uniforms and other work
attire and work-related tools
and gear, Assistance with
book, fees, and school
supplies, and Payments for
fees for employing and
training-related
applications, tests, and
certifications.
150 X $2000 $ 300,000.00
Case Management Work collaboratively to
engage the Youth and
other support team
members in the
identification of strengths
and needs which support
the development and
implementation of a service
plan.
3FTE (includes
benefits)
.5FTE MIS (includes
benefits)
$ 482,450.00
CTE Certification Offer CTE courses through
the local community
college for participants
obtain CTE certificates and
college credit.
3 contract
education courses
at the community
college with
support staff @
$33K/each
$ 100,000.00
Community Garden To develop a community
garden that allows the
community to grow their
own fresh fruits and
vegetables.
supplies and staff
for the gardening
education and
supplies for the
garden
$ 200,000.00
Supplies
tools, uniform, wood, nails, paint,
seeds, dirt
Supplies needed for
beautification
project and
community farms.
$ 20,000.00
Total $ 1,102,450.00 37.1%
Total Budget Request $ 2,972,695.00
Total # of Fellows 150
Partner Status (Proposed or Secured) Contractual Amount Richmond PAL Proposed $ 200,000.00
Contra Costa College Proposed $ 100,000.00
Total $ 300,000.00
Exhibit B Budget Detail
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) City of Richmond
II. CaliforniansForAll Youth Workforce Fellows - Wage
I. Administration (Must Not Exceed 10% of Direct Award Amount) DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
Agreement #JP2002
EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Richmond
BUDGET PAYMENT PROVISIONS
1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].
2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.
Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:
Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
3-21-23, CC Mtg.
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.
Invoicing Deadlines:
Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.
Financial Reporting Metrics:
Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:
Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.
Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-statelocal-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund/ • State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund_Reporting_Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0
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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.
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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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 Dept.
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VISION
To provide individual with barriers to employment the opportunity to development job readiness and workplace skills, coupled with wrap around services, to prepare them for permanent job placement or starting their own business (entrepreneurship).
OBJECTIVES
• Support blight elimination and neighborhood stabilization o Free Dumpster
o Cleanup crews
o Free supplies
o Vacant lot remediation
• Empower the community to take action and ownership of publicly accessible space • Stimulate community unity
• Encourage a variety of partnerships
• Beautify the City of Richmond
• Revitalize the community
• Focus on projects that benefit the public at large
• Opportunity to earn college credit
• Earn and learn model that provide job seekers with work readiness and comprehensive training skills
• Entrepreneurship training for job seekers who may want to start their own business • Cohort of 10, 6 month paid training ($20/hr.) maximum 500 hours
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
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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:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 09-26-07 1 of 12
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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.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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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 09-26-07 4 of 12
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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.
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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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law, regardless of Contractor's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.
Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 of 12
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shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.
If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.
This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).
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 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 General Conditions/EJ/TE 09-26-07 7 of 12
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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 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.
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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 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, General Conditions/EJ/TE 09-26-07 9 of 12
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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.
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 General Conditions/EJ/TE 09-26-07 10 of 12
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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 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.
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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.
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
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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):
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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.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/13/2022
(WC) Heffernan Insurance Brokers
1350 Carlback Avenue
Walnut Creek CA 94596
Stephanie Lawrence 925-934-8500 925-934-8278 [email protected] License#: 0564249 Nonprofits Insurance Alliance of California 1184 RUBIPRO-02 Cypress Insurance Company 10855 Rubicon Programs Inc.; Rubicon Enterprises, Inc.
Rubicon Landscape Corporation
2500 Bissell Ave
Richmond CA 94804-1815
208645335
A X 1,000,000 X 200,000 10,000 X Abuse 1,000,000 3,000,000 Y 202207175NPO 7/1/2022 7/1/2023 3,000,000 Professional Liabili 1,000,000
A 1,000,000 X
X X
202207175NPO 7/1/2022 7/1/2023
A X 5,000,000 X
202207175UMB 7/1/2022 7/1/2023
5,000,000 X
10,000
B RUWC329385 7/1/2022 7/1/2023
X
1,000,000 1,000,000 1,000,000
The City of Richmond, its Council, Community Services Department and their officers, employees and agents are named as additional insured per attached endorsement, if required by written contract.
City of Richmond
450 Civic Center Plaza
Richmond CA 94804 Page 1146 of 1935
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Preview
202207175NPO
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Rubicon Programs
Dr. Carole (DC) Dorham-Kelly President & CEO
1-30-2023
Rubicon Programs
30th January 23 Richmond
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March 21, 2023
Library and Community Services
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services LaShonda White, Deputy City Manager, Community
Services
SUBJECT: Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds
FINANCIAL IMPACT: The City’s ARPA funds will cover the cost of the contract.
PREVIOUS COUNCIL
ACTION:
June 28, 2022; June 15, 2021; June 1, 2021
STATEMENT OF THE
ISSUE:
Contract with Witt O’Brien’s LLC for consulting services for oversight and compliance related to American Rescue Plan Act funds.
RECOMMENDED ACTION: APPROVE a contract with Witt O’Brien’s, LLC to provide consulting services for oversight and compliance related to American Rescue Plan Act (ARPA) funds, in the
amount not to exceed $300,000, for a term commencing
March 22, 2023 through June 30, 2027, and
APPROPRIATE the use of $300,000 in City ARPA funds
for this contract – Community Services/Finance
Department (LaShonda White/Nickie Mastay 510-620-
6512).
AGENDA
REPORT
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March 21, 2023
DISCUSSION:
The City of Richmond is currently situated to receive $27.7 million in American Rescue Plan Act (ARPA) funds. As part of the Fiscal Year (FY) 2021-22 annual budget process, the Richmond City Council approved an allocation of $8.55 million in ARPA funds to various projects, including funding to conduct a Community Needs Assessment (CNA) for informing City Council’s decision for how to allocate the remaining ARPA relief funding of $19.15 million. All funds must be obligated by December 31, 2024, and spent by December 31, 2026.
There are significant requirements, guidance, and limitations on the uses of ARPA funds. The City of Richmond has discretion to use the award funds in ways that best suit the needs of the community, as long as each use fits into one of the following statutory categories:
To respond to the COVID-19 public health emergency or its negative economic impacts;
To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;
For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID-19 public health emergency, relative to revenues collected in the most recent full fiscal yar of the recipient prior to the emergency; and
To make necessary investments in water, sewer, or broadband infrastructure.
On September 19, 2022, a Request for Proposal (RFP) was issued for consulting services for oversight and compliance related to American Rescue Plan Act funds. The RFP sought firms to provide:
Program Design – Lead in the construction of programmatic spending plans that align with the City’s goals, comply with all published ARPA compliance guidance, and efficiently further the economic interests of economic interests of Richmond businesses.
Program Management – Lead in the management of the established programs to facilitate the efficient distribution of ARPA funds. Provide direct customer service, assistance, and support to local businesses and organizations that apply for and/or receive funding through one or more of the City’s programmatic spending opportunities. Establish an application system or process, collect applications, review applications, verify record authenticity, ensure compliance, and manage executed grant agreements.
Program Monitoring – Provide direct compliance related to all programmatic spending opportunities, grants, or other programs created to distribute ARPA funds to local businesses and other organizations. Ensure ongoing compliance with ARPA’s Interim Final Rule (IFR), Compliance and Reporting Guidance, and
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March 21, 2023
all other published compliance guidance, including but not limited to the Final Rule published by the Department of Treasure on ARPA – State and Local Coronavirus Relief funds.
The City received responses to the RFP from the following firms:
Dynamic Contracts Consultant
Nan Mckay & Associates
PFM Group Consulting, LLC
Witt O’Brien’s, LLC
After the review and scoring of the proposals, the City decided to enter into a contract with Witt O’Brien. Witt O’Brien is a national firm and has worked with Sacramento County, Santa Clara County, the City of San Jose, Culver City, and Long Beach. They have also worked with CalTech, the California State University System, and San Jose Evergreen CC District. Witt O’Brien has a seasoned project team that includes Norberto Dimas a former San Jose City Manager. Witt O’Brien will work with the City to develop and deliver a Subrecipient Management Plan that implements a subrecipient management toolkit that includes compliance guidance and tools and templates for conducting monitoring activities. The toolkit is customizable to the City and the recipient, as well as each of the subrecipient/fiscal leads and any downstream sub awards. They have developed subrecipient training that cover a wide variety of topics including roles and responsibilities, federal Uniform Guidance (2CFR 200), risk assessment, monitoring, and record collection/retention.
In order to provide program design, management, and compliance in reporting, Witt O’Brien’s, LLC was chosen to partner with the City to provide consulting services for oversight and compliance for the American Rescue Plan Act funds.
DOCUMENTS ATTACHED:
Attachment 1 – Witt O’Brien’s, LLC Contract
Attachment 2 – Request for Proposal: Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds
Attachment 3 – Bid Results
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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.
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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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:
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SERVICE PLAN
Contractor will provide as‐needed technical assistance services to the City for ARPA program reporting and monitoring, and project/program design and implementation. The tasks include but are not limited to:
Program Reporting and Monitoring
• Provide expertise to augment City staff’s capabilities to ensure compliance with applicable laws and grant requirements while maximizing the recovery and beneficial uses of ARPA funding for the Richmond community.
• Develop processes and documentation requirements around sub-recipient risk assessment, monitoring, and management, including training of sub-recipients on grant requirements • Provide follow-up support for documentation and data needs during the City’s Single-Audit proceedings to ensure access to necessary items and reports. Provide situational context and information if called upon during Single-Audit proceedings. • Assist in calculating and/or confirming revenue loss per ARPA requirements. • Cross reference all program material with ARPA guidance and regulations, including but not limited to the Interim Final Rule and the Compliance and Reporting Guidance released by the U.S. Treasury. • Work with appointed City Counsel to ensure legal compliance regarding the use and implementation of funds.
• Update City staff on the impact of any forthcoming guidance, laws, or regulations that may impact the creation or operation of the programs in the ARPA Grant Plan. • Coordinate with City staff to complete all federal financial, performance and compliance reports including but not limited to the annual Recovery Plan Performance Report and quarterly Project and Expenditure Reports.
• Coordinate with staff and sub-recipients to endure the City has all of the information required:
o Manage, track and monitor all sub-recipients for compliance o Coordinate with City staff and sub-recipients to ensure all reporting is current o Report to City on subrecipients that are out of compliance Program/Project Design and Implementation
• Lead in the construction of programmatic spending plans that align with the City’s goals, comply with all published ARPA compliance guidance, and efficiently further the economic interests of Richmond businesses.
• Lead in the management of the established programs to facilitate the efficient distribution of ARPA funds.
• Provide direct customer service, assistance, and support to local businesses and organizations that apply for and/or receive funding through one or more of the City’s programmatic spending opportunities.
• Establish an application system or process, collect applications, review applications, verify record authenticity, ensure compliance, and manage executed grant agreements.
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RATE SHEET
Any technical assistance support will likely be supported by a Management Consultant I through Management Consultant V rate depending on the project scope. Any project / program implementation would utilize a mix of labor categories as outlined in our initial proposal pricing. The mix of staff support and hours would be determined in advance based on the scope of work identified.
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818 Town & Country Blvd, Suite 200
Houston TX 77024 wittobriens.com
T: +1 281 320 9796
F: +1 281 320 9700
Witt O’Brien’s
Professional Services Rate Sheet
LABOR CATEGORY RATE / HR
Project Executive $400
Senior Project Manager $340
Project Manager $286
Deputy Project Manager $227
Executive Advisor II $400
Executive Advisor I $330
Federal Assistance Subject Matter Expert III $340
Federal Assistance Subject Matter Expert II $249
Federal Assistance Subject Matter Expert I $170
Management Consultant V $225
Management Consultant IV $175
Management Consultant III $150
Management Consultant II $120
Management Consultant I $95
Data Analyst III $150
Data Analyst II $130
Data Analyst I $95
Financial Analyst III $190
Financial Analyst II $150
Financial Analyst I $120
Administrative Support Specialist III $141
Administrative Support Specialist II $117
Administrative Support Specialist I $95
Eligibility Review Manager II $175
Eligibility Review Manager I $135
Eligibility Review Specialist III $125
Eligibility Review Specialist II $95
Eligibility Review Specialist I $75
Contact & Customer Service Manager II $175
Contact & Customer Service Manager I $135
Contact & Customer Service Specialist III $65
Contact & Customer Service Specialist II $55
Contact & Customer Service Specialist I $45
Technology Technical Senior Advisor $325
Technology Technical Architect $250
Technology Technical Lead $250
Technology Technical Developer III $200
Technology Technical Developer II $180
Technology Technical Developer I $155
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
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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:
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General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
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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.
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General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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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
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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.
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General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
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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
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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.
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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
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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.
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General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
3-21-23, CC Mtg.
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):
3-21-23, CC Mtg.
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 35 I. EXCEPTIONS TO THIS REQUEST FOR PROPOSALS
Section Exception
Standard
Contract,
Exhibit D, 6.
Services
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 and Contract Amendment 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. 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.
Standard
Contract,
Exhibit D, 8.
Changes and
Extra Work
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 by Contract Amendment. 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.
Standard
Contract,
Exhibit D. 9.
Additional
Assistance
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 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.
Standard
Contract,
Exhibit D. 13.
Termination in
the Event of
Default
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 and shall give Contractor five (5) days to cure default.
Contractor shall be compensated as provided in Section 12 of these
3-21-23, CC Mtg.
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 36 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.
Standard
Contract,
Exhibit D. 15.
Indemnification
15. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out that directly occurs from or is in anyway connected with the Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law,regardless of Contractor’s fault or negligence , including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.
Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement directly occurring from arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.
If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.
3-21-23, CC Mtg.
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 37 This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).
In no event shall either party be liable for any exemplary, punitive, incidental, special, indirect or consequential damages of any kind, including, without limitation, any loss of profits or revenue, loss of use of property or equipment and business interruption losses, regardless of the cause of such damages, including, without limitation, any negligence (whether active, passive, sole, concurrent or gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of either party or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise.
Notwithstanding any contrary provision in this agreement, consultant's liability for any and all claims arising out of or in connection with the agreement or the services shall not exceed, in the aggregate, two times the fees actually paid by client to consultant within the twelve (12) months preceding the event giving rise to the claim under this agreement. Such limitation of liability shall apply even if the liability asserted is based on negligence (whether active, passive, sole, concurrent or gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of consultant or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise; provided, however, for the avoidance of doubt, that such limitation of liability shall not apply if the liability asserted is based on fraud or willful misconduct.
Standard
Contract,
Exhibit D., 37
Waiver
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 for any failure to comply with any of the terms and conditions of this Contract.
Standard
Contract,
The DISTRICT shall have the right to terminate this Agreement at any time for cause or convenience by giving 30 days written notice to the CONSULTANT except for termination for convenience. Upon receipt of
3-21-23, CC Mtg.
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 38 Exhibit D., 17
Termination
notice of termination for convenience, the CONSULTANT shall not commit itself to any further expenditure of time or resources. Upon receipt of notice of default, CONSULTANT shall be afforded thirty (30) days to correct the identified deficiency(ies). If said deficiency(ies) are not corrected to the DISTRICT’s satisfaction, the Agreement will be terminated immediately.
If the Agreement is terminated for any reason other than a default by CONSULTANT, the DISTRICT shall pay to CONSULTANT in
accordance with the provisions of Sections 9 and 10 all sums actually due and owing from DISTRICT for all services satisfactorily performed up to the day written notice of termination is given, plus any costs reasonably and necessarily incurred by CONSULTANT to effect such suspension or termination. If the Agreement is terminated for default, the DISTRICT shall remit final payment to CONSULTANT in an amount to cover only those services performed in full accordance with the terms and conditions of this Agreement up to the effective date of termination.
Sample Type 2
– Professional
Services
Contracts,
Insurance
Requirements
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work to the extent of liabilities assumed by the CONTRACTOR under this Contract.
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
3-21-23, CC Mtg.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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Request for Proposals
CONSULTING SERVICES FOR OVERSIGHT AND
COMPLIANCE RELATED TO AMERICAN
RESCUE PLAN ACT FUNDS
Release Date: September 19, 2022
Deadline for Submittal
October 19, 2022
Contact: Ofelia Alvarez, Senior Buyer
Email: [email protected]
City of Richmond
Finance Department
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INTRODUCTION
The City of Richmond is requesting proposals from qualified firms with expertise in the oversight and administration of American Rescue Plan Act (ARPA) funds, as well as compliance with funding authority requirements.
Specifically, the City is seeking a professional consulting firm(s) to provide expertise to augment City staff’s capabilities to ensure compliance with applicable laws and grant requirements while maximizing the recovery and beneficial uses of ARPA funding for the Richmond community.
The firm selected, if any, will have demonstrated experience in programmatic disaster recovery and must have intimate knowledge and expertise in the areas of compliance with the federal Office of Management and Budget (OMB)’s Uniform Guidance 2 CFR, Part 200 federal funding requirements, including but not limited to federal acquisition requirements, operations of the cost/funding eligibility under ARPA and related grant programs.
This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification.
Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
ABOUT THE CITY
The City of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,567 residents. Richmond is one of the region’s most diverse communities: 42.5% of residents identify as Hispanic or Latino, 20.2% identify as Black or African American alone, 17.8% identify as White alone (not Hispanic of Latino), and
15.4% identify as Asian alone (15.4%). Richmond is home to a multi-modal transit hub that includes BART, Amtrak and AC Transit, Port of Richmond, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and-coming communities in California.
The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.
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PROJECT BACKGROUND
Through the passage of House of Representative Bill 1319, also known as the American Rescue Plan Act (ARPA), state, tribal and local governments are expected to receive much needed assistance to help offset the negative impacts of COVID-19. As part of the $1.9 trillion ARPA relief package, the City of Richmond is currently situated to receive $27.7 million, with the first installment received in August 2021, and the final installment expected one year later in 2022. As part of the Fiscal Year (FY) 2021-22 annual budget process, the Richmond City Council approved an allocation of $8.55 million in ARPA funds for various projects, including funding to conduct a Community Needs Assessment (CNA) for informing City Council’s decision for how to allocate the remaining ARPA relief funding of $19.15 million. All funds must be allocated by the end of 2024 and spent by the end of 2026.
There are significant requirements, guidance, and limitations on uses of ARPA funds.
Richmond has discretion to use the award funds in ways that best suit the needs of our community, as long as each use fits into one of the following statutory categories:
To respond to the COVID-19 public health emergency or its negative economic impacts; To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;
For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and To make necessary investments in water, sewer, or broadband infrastructure Project Description
The City is seeking a firm(s) to provide program design, program management, and compliance services related to the City’s ARPA Grant Plan. In general, the scope of work includes but is not limited to providing the following:
Program Design. Lead in the construction of programmatic spending plans that align with the City’s goals, comply with all published ARPA compliance guidance, and efficiently further the economic interests of Richmond businesses. Programs designed must mitigate the economic impact of COVID-19 on local businesses and organizations.
Program Management. Lead in the management of the established programs to facilitate the efficient distribution of ARPA funds. Provide direct customer service, assistance, and support to local businesses and organizations that apply for and/or receive funding through one or more of the City’s programmatic spending opportunities. Establish an application system or process, collect applications, review applications, verify record authenticity, ensure compliance, and manage executed grant agreements.
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Program Monitoring. Provide direct compliance related to all programmatic spending opportunities, grants, or other programs created to distribute ARPA funds to local businesses and other organizations. Ensure ongoing compliance with ARPA’s Interim Final Rule (“IFR”), Compliance and Reporting Guidance, and all other published compliance guidance, including but not limited to the Final Rule published by the Department of Treasury on ARPA – State and Local Coronavirus Relief Funds.
The City’s ARPA funds must be obligated by December 31, 2024 and fully expended by December 31, 2026. The City anticipates awarding a two year agreement. The City will have the option, at its sole discretion, to extend the agreement for up to two (2) additional oneyear terms. If the parties are unable to reach an agreement, the City, at its sole discretion, will not move forward with the renewal option and may procure the work required to complete the project. The City reserves the right to hire multiple consultants.
SCOPE OF SERVICES
The scope of this Request for Proposals (RFP) details the duties for which the City is seeking to contract. The length of engagement is expected to allow for services to continue throughout completion of FEMA cost recovery efforts and ARPA administration. Proposers who can offer some but not all services (for instance, expert technical and accounting services but not general advisory services) are welcome to respond. Responses should clearly delineate which of the listed duties can be performed by the Proposer.
Program Design
A. Thoroughly research the actions taken by the Richmond City Council and staff related to ARPA funding. This includes the ARPA Grant plan, various ARPA-related staff reports submitted to the City Council, presentations, and quarterly reports submitted to U.S. Treasury.
B. Provide direct outreach to stakeholders in each program category. Collect testimony, records, and other information necessary to assess the extent of financial need for each category. Compare the financial need, as measured by stakeholder interaction, of stakeholders in each category with the budget amount allocated in the ARPA Grant Plan. Recommend categorical funding adjustments as needed.
C. Based on an in-depth effective quantitative and qualitative assessment of industry and categorical needs, construct grant or other assistance programs for each funding category.
a. Programs must be compliant with both the statutory intent of the American Rescue Plan Act as well as the compliance requirements as outlined within the Interim Final Rule (IFR) by the United States Treasury, Compliance and
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Reporting Guidance by the United States Treasury, and any subsequent compliance requirements produced, including the Final Rule put forth by the United States Treasury. Furthermore, programs will comply with all aspects of Federal and California law as well as federal uniform guidance where applicable. b. Programs must result in the efficient distribution of ARPA funds to local businesses and organizations that have demonstrated a need to receive funding through grant applications or other ARPA-compliant funding request systems, such compliance is based on language and verifiable requirements from U.S.
Treasury.
c. Programs are to be designed in a manner which ensures the most effective and immediate deployment of funding where necessary, and such use of funding should also provide for at least one alternate contingency option if such programs are identified as being at risk for non-compliance by either the Consultant, City or an independent auditor.
d. All programs and contingency options should be designed in such a way that ensures funding will be obligated prior to the December 31, 2024 deadline and expended by December 31, 2026.
D. Present draft program designs for each business category to City staff for comment and suggestion. Work with City staff to adjust program parameters to comport to City processes and facilitate streamlined compliance with ARPA and U.S. Treasury regulations.
E. The City Council will provide high-level advisement for the creation of programs.
Program outlines will need to be presented to the City Council for policy direction.
Presentations to other informal working groups will also be required.
Program Management
A. Implement application system for all programs. Application system must accommodate electronic/paperless submission.
B. Plan, coordinate, and produce a detailed pre-launch checklist prior to application period for each program to limit errors.
C. Provide marketing, outreach, and stakeholder engagement to advertise program offerings based on target demographics and areas of focus for each program.
D. Provide on-call customer support to prospective and active program applicants.
Customer support must be provided through e-mail and telephone communication.
E. Provide on-site customer support at the Richmond City Hall. The City of Richmond will provide up to two workstations to consultant with a live telephone line, internet access,
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and filing space.
F. Collect, receive, review, verify for compliance, and qualify all applications received in response to the launch of each funding program. Ensure that application verification and ongoing monitoring comply with ARPA guidance and related laws and regulations.
G. Facilitate the receipt and execution of grant agreements and/or other documents that memorialize finalized funding arrangements by and between the City and successful program applicants.
H. Develop processes and documentation requirements around sub-recipient risk assessment, monitoring, and management, including training of sub-recipients on grant requirements
I. Provide follow-up support for documentation and data needs during the City’s SingleAudit proceedings to ensure access to necessary items and reports. Provide situational context and information if called upon during Single-Audit proceedings.
J. Assist in calculating and/or confirming revenue loss per ARPA requirements.
Program Monitoring
A. Cross reference all program material with ARPA guidance and regulations, including but not limited to the Interim Final Rule and the Compliance and Reporting Guidance released by the U.S. Treasury. Work with appointed City Counsel to ensure legal compliance regarding the use and implementation of funds.
B. Update City staff on the impact of any forthcoming guidance, laws, or regulations that may impact the creation or operation of the programs in the ARPA Grant Plan.
C. Coordinate with City staff to complete all federal financial, performance and compliance reports including but not limited to the annual Recovery Plan Performance Report and quarterly Project and Expenditure Reports.
D. Coordinate with staff and sub-recipients to endure the City has all of the information required:
a. Manage, track and monitor all sub-recipients for compliance b. Coordinate with City staff and sub-recipients to ensure all reporting is current c. Report to City on subrecipients that are out of compliance E. Consultant must ensure any publication produced with funds from this award displays the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter FAIN] awarded to the City of Richmond by the U.S.
Department of the Treasury.
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Optional Tasks
The City asks the consultant team to provide a list of additional services they offer to assist with the administration of ARPA funding to support best practices.
PROPOSAL FORMAT GUIDELINES
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 20 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub-consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.
Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.
Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:
A. Vendor Cover Letter
A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
Confirm that all elements of this RFP have been reviewed and understood; Include a statement of intent to perform the services as outlined; Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B);
Submit a written description and brief history of the company’s experiences, qualifications and successes in providing ARPA administration services described herein. Please indicate the number of employees, client base and location of offices.
Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed. Stipulate that the proposal price will be valid for a period of at least 180 days. Identify a single person for contact during the RFP review process; and Cover letter shall be signed by an authorized official of the company.
B. Project Approach and Scope of Services
Describe how your firm will approach the project, showing that you understand the scope of work of the project. Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Proposals must address all items set forth
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in Section "Scope of Services." Additional information which, in your opinion, should be included must be clearly identified.
C. Work Plan and Project Schedule
Provide a work plan and timeline for the project, including when information is needed from the City and the proposed meeting dates.
D. Experience
List of Representative Projects. List of representative projects undertaken by Respondent in the last 5 years demonstrating related experience in each category of the project. Identify the names of organizations, and names, email address and telephone numbers of persons who can be contacted with regard to the services you have provided.
Identify all previous and current contracts with the City of Richmond. Include a contact name, description of services, and dates of services performed.
E. Key Personnel
Identify the names and specific qualifications, experience, and appropriate licenses held, if applicable, of the primary staff to be assigned to the project. Include a resume for all primary staff. Include any subconsultants which Respondent proposes to use for any portion of the services. Respondent shall also identify a Management Contact (Representative authorized to sign an agreement for your firm) and a Project Manager (person responsible for day-to-day management of the project). The successful Respondent may only change the Management Contact, Project Manager, and other supporting staff and specialists with prior written permission of the City.
F. Cost Information
Include a detailed cost proposal for each section of the scope of work inclusive of all hourly rates, anticipated travel, and other incidental costs and charges.
G. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.
H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.
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I. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment B). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection.
Exceptions will be considered during the proposal evaluation process.
J. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests.
Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on October 5, 2022. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by October 7, 2022. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will
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receive any addenda or notifications relating to the RFP.
Submission of Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an ebid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 3:00 p.m., local time, on October 19, 2022.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
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Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment A. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment D)
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Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
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The top Proposals may then be invited to make a presentation to the evaluation panel in a City Office in Richmond, California, at no cost to the City. The selected proposal shall provide the most cost effective approach that meets the City’s requirements. The lowest price proposal will not necessarily be selected.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow-up with requests for additional information, including, but not limited to, follow-up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:
Project Approach, Scope of Services, Work Plan and Schedule – 35% Work plan demonstrates an efficient use of time and resources. Work plan aligns with ARPA reporting deadlines and reflects an understanding of City’s needs and ability to provide the services
Understanding of work to be done and detailed scope of work Distinguishing features, skills and or services
Qualifications and Experience – 30%
Experience in federal grant management and understanding of federal guidance to fiscal and program compliance and reporting
Experience developing tracking and monitoring tools
Experience providing technical assistance to government staff and sub-recipients. Experience implementing public communications regarding goals, expenditures and outcomes data
Knowledge of federal and state funding opportunities
Project Lead and Team – 20%
Demonstrate possession of the skills and federal grant management experience necessary to execute project
Cost Proposal – 15%
Proposed costs are competitive with industry rates
Interview/presentations
The City may, at its discretion, invite a shortlist of Respondents to participate in a panel interview to be held at the City. To be considered for an interview, a Respondent must
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receive an average score of 74% or higher on the qualitative proposal portion of the evaluation. The City may require that Respondents prepare a presentation as part of the interview. No Respondent shall be entitled to or otherwise guaranteed an interview.
Respondent may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the system in conformance with the specifications and its decision shall be final.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:
Resolving minor differences and information
Clarifying necessary details and responsibilities
Emphasizing important issues and points
Receiving assurances from respondents
Cost/budget clarifications
If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award - When the Review Panel has completed its work, City staff will then recommend a Financial Advisor firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment B).
Attachments
A. Insurance Requirements
B. Standard Contract
C. Sanctuary City Contracting Ordinance No. 12-18
D. Sanctuary City Compliance Statement
E. Limited Liability Company Disclosure Resolution No. 86-21 F. Limited Liability Company Disclosure Statement
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3/6/2023
Evaluation of Consulting Firm for the Oversight and Compliance of ARPA Funds RFP
REQUES FOR PROPOSAL RATING MATRIX
10/31/2022
Rater 1 Rater 2 Rater 3 TOTAL
Dynamic Contracts Consultant 80 53 60 193
Nan Mckay & Associates 98 72 73 243
PFM Group Consulting LLC 78 68 70 216
Witt O’Briens LLC 96 77 80 253
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March 21, 2023
Mayor's Office
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Martinez and Councilmember Jimenez
Subject: March 10, 2023 - Tibetan Uprising Day in the City of Richmond
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
On March 21, 2023, the City of Richmond recognizes
March 10 as Tibetan Uprising Day and stands in
solidarity with the Tibetan community.
RECOMMENDED ACTION: PROCLAMATION recognizing March 10, 2023, as Tibetan Uprising Day in the City of Richmond - Mayor
Eduardo Martinez (510-620-6503) and Councilmember
Claudia Jimenez (510-620-6565).
DISCUSSION:
The proclamation declares March 10, 2023, as Tibetan Uprising Day in the City of Richmond. It recognizes the Tibetan National Uprising against China's occupation of AGENDA
REPORT
3-21-23, CC Mtg.
March 21, 2023
Tibet and honors the Tibetans who lost their lives in the struggle for freedom. The proclamation also acknowledges the ongoing suppression of human rights and freedom in Tibet and the marginalization of Tibetan language, culture, and identity. It highlights the United States Congress' laws and reports regarding Tibet and the bipartisan and bicameral Bill to peacefully resolve China's occupation of Tibet. The proclamation emphasizes the principal commitments of His Holiness the Dalai Lama, the Nobel Peace Prize recipient, and the US Congressional Gold Medal recipient, and the vibrant Tibetan American community in Richmond. Finally, it recognizes the community gathering to raise the Tibetan flag and commemorate the 64th anniversary of the Tibetan National Uprising against China's occupation.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
3-21-23, CC Mtg.
CITY OF RICHMOND, CALIFORNIA
P R O C L A M A T I O N
Declaring March 10, 2023 as Tibetan Uprising Day
WHEREAS, on March 10, 2023, Tibetans throughout the world will commemorate the 64 th
Anniversary of the Tibetan National Uprising against the brutal occupation of their country and pay tribute to the more than one million Tibetans who lost their lives in their struggle for the freedom of Tibet; and
WHEREAS, the occupation and ongoing suppression of human rights and freedom in Tibet and the intentional marginalization of Tibetan language, culture, and identity should continue to be a concern for all freedom-loving people everywhere; and
WHEREAS, in December, 2018, the United States Congress passed, and the President signed into law, the Reciprocal Access to Tibet Act, that called for an end to China’s isolation of Tibet and providing American citizens, including Tibetan Americans in Richmond, with the same opportunity of access to Tibet as enjoyed by Chinese citizens visiting our country; and WHEREAS, in December, 2020 the United States Congress passed, and the President signed into law, the Tibet Policy and Support Act, that makes it official US policy that the Dalai Lama’s succession is a strictly religious issue that only he and his followers can decide on and strengthens the landmark Tibetan Policy Act of 2002, addresses the issue of water security and environmental destruction in Tibet, provides humanitarian assistance for Tibetans in Tibet and in exile, and pushes China to negotiate with the Dalai Lama and Tibetan leaders without preconditions; and WHEREAS, the 2021 Country Reports on Human Rights Practices by the US Department of State, on the subject of Tibet, says that “(s)ignificant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government; torture and cases of cruel, inhuman, and degrading treatment or punishment by the government; arbitrary arrest or detention; political prisoners; politically motivated reprisals against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including censorship; serious restrictions on internet freedom including site blocking; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom, despite nominal constitutional protections voided by regulations restricting religious freedom and effectively placing Tibetan Buddhism under central government control; severe restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of government corruption; coerced abortion or forced sterilization; and violence or threats of violence targeting indigenous persons.”; and
WHEREAS, in 2022, a bipartisan and bicameral Bill, Promoting a Resolution to the Tibet-China Conflict Act, was introduced in the U.S. Congress to advance US’ interest in peacefully resolving China’s occupation of Tibet and pressures the Chinese government to resume negotiations with the Dalai Lama’s envoys, asserting that the United States views the Tibet-China conflict as unresolved and that the Tibetan people deserve a say in how they are governed by recognizing their right to self-determination; and
3-21-23, CC Mtg.
WHEREAS, the principal commitments of His Holiness the Dalai Lama are: promotion of warmheartedness, compassion, forgiveness, tolerance, contentment, and self-discipline; religious harmony and understanding among the world’s major religious traditions; preservation of the rich cultural heritage of Tibet; and the study of ancient Indian knowledge of understanding and training of mind; and
WHEREAS, in 1989 His Holiness the Dalai Lama received the Nobel Peace Prize in recognition of his longstanding commitment to nonviolence, peace, and willingness to compromise and seek reconciliation despite China’s brutal occupation of Tibet; and WHEREAS, in 2007, His Holiness the Dalai Lama was conferred the US Congressional Gold Medal, one of the highest civilian awards, in recognition of his contribution to Tibet and humanity; and
WHEREAS, the City of Richmond is home to a vibrant community of Tibetan Americans who have contributed to the diversity of our culture and tradition and is the location of the Tibetan Association of Northern California’s community center, serving the third largest Tibetan community in United States; and
WHEREAS, the City of Richmond has long supported the Tibetan people, having welcomed His Holiness the Dalai Lama when he visited the Tibetan community center in 2014 and renaming a part of Huntington Avenue to Dalai Lama Avenue in honor of his 84th birthday; and WHEREAS, the City of Richmond stands in solidarity with the Tibetan people and their just, peaceful, and non-violent movement to remind the world of the occupation, suppression, and degradation of culture, religion, land, and identity of the Tibetan people by China; and WHEREAS, on March 9
th
, 2023 at 9AM, community members will gather at the steps of Richmond City Hall to raise the Tibetan flag for a week, as they have been doing for the last over five years, and commemorate the 64
th anniversary of the Tibetan National Uprising against the Chinese Communist Party’s invasion and occupation.
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby declare March 10, 2023 as Tibetan Uprising Day in the City of Richmond.
3-21-23, CC Mtg.
March 21, 2023
Department
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez and Councilmember Soheila
Bana
Subject: March 21, 2023 - Nowruz, or Persian New Year, in the City of Richmond.
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
On March 21, 2023, the City of Richmond recognizes
Nowruz, or Persian New Year, to mark the beginning of
spring; stand in solidarity with Iranian women in their fight for equality; and to wish Nowruz Mobarak to our entire
community.
RECOMMENDED ACTION: PROCLAMATION recognizing March 21, 2023, as Nowruz, or Persian New Year, in the City of Richmond -
Mayor Eduardo Martinez (510-620-6503) and
Councilmember Soheila Bana (510-620-6743).
DISCUSSION:
The Bay Area is home to a large and vibrant Persian community, with many residents hailing from Iran or other parts of the Persian-speaking world.
AGENDA
REPORT
3-21-23, CC Mtg.
March 21, 2023
Nowruz, or the Persian New Year, is a pivotal holiday that occurs at the beginning of spring and signifies the New Year in many countries, including Iran, Afghanistan, and parts of Central Asia. The word "Nowruz" means "New Day" in Persian, and the holiday is typically observed on the first day of the vernal equinox, which typically falls on March 20th or 21st. This important holiday has been celebrated for over 3,000 years and transcends ethnicities, religious faiths, international borders. Its celebration, which uplifts motifs and rituals that predate the Abrahamic faiths, has outlasted religious and cultural oppression for centuries.
In 2023, Nowruz specifically occurs from Monday, Mar 20, 2023 2:24 PM to Tuesday, Mar 21, 2023 2:24 PM. This proclamation uses the United Nations Resolution (Attachment 2), which recognizes March 21 as International Nowruz Day, to establish March 21 as Nowruz in the City of Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation Declaring March 21, 2023 as Persian New Year in the City of Richmond
Attachment 2 – United Nations Resolution from the 64th session, Agenda Item 49
3-21-23, CC Mtg.
Proclamation Declaring March 21, 2023 as Nowruz, or Persian New Year, in the City of Richmond
WHEREAS, the Persian New Year, also known as Nowruz, is a significant celebration in the Persian culture and the beginning of the Persian calendar year; and WHEREAS, Persian New Year is a joyous occasion celebrated by millions of people around the world, including in our own community; and
WHEREAS, Nowruz occurs on the first day of spring and thus is a celebration of new beginnings, hope, and communion with nature; and
WHEREAS, the Persian community has contributed greatly to the cultural diversity and richness of the Bay Area, and their traditions and customs are an important part of our community's heritage; and
WHEREAS, Nowruz is a holiday unbound by borders and unites people of people of Muslim, Zoroastrian, Baha'i, Jewish, and Christian faiths and people of Iranian, Azeri, Afghani, Kurdish, Tajiki, and Balouchi heritage; and
WHEREAS, the people of Iran have taken to the streets this past year to demand respect for their democratic rights, including the right to freedom of speech and assembly; and WHEREAS, Iranian women have been at the forefront of this movement, bravely demanding an end to discriminatory laws and police repression; and WHEREAS, may Nowruz also mark our city’s solidarity with the Iranian people and their struggle for human rights and democracy, and especially the determination of Iranian women who have been leading the fight for gender equality and justice; NOW THEREFORE BE IT RESOLVED, that I, Eduardo Martinez, Mayor of the City of Richmond, do hereby proclaim March 21, 2023 as Nowruz, or Persian New Year, in the City of Richmond. In observance of Nowruz, I wish all Richmond residents and people throughout the world who celebrate this significant occasion Nowruz Mobarak.
I hope that the spirit of Nowruz, which puts utmost faith in renewal and brighter days ahead, will be experienced by our entire community in the coming year.
3-21-23, CC Mtg.
Signed,
Eduardo Martinez
City of Richmond, California
3-21-23, CC Mtg.
United Nations A/RES/64/253
General Assembly Distr.: General
10 May 2010
Sixty-fourth session
Agenda item 49
09-47701
*0947701* Please rec cle♲
Resolution adopted by the General Assembly on 23 February 2010 [without reference to a Main Committee (A/64/L.30/Rev.2 and Add.1)] 64/253. International Day of Nowruz0F
1 The General Assembly,
Reaffirming the purposes and principles of the Charter of the United Nations, in particular the achievement of international cooperation in the economic, social and cultural fields,
Recalling its resolution 56/6 of 9 November 2001 on the Global Agenda for Dialogue among Civilizations,
Recalling also the Declaration of the Principles of International Cultural Cooperation, adopted on 4 November 1966 by the General Conference of the United Nations Educational, Scientific and Cultural Organization,1F 2 Affirming the Universal Declaration on Cultural Diversity, adopted on 2 November 2001 by the General Conference of the United Nations Educational, Scientific and Cultural Organization,2F
3 including its appeal for greater solidarity on
the basis of recognition of cultural diversity, of awareness of the unity of humankind and of the development of intercultural exchanges,
Taking into consideration the Convention for the Safeguarding of the Intangible Cultural Heritage, adopted on 17 October 2003 by the General Conference of the United Nations Educational, Scientific and Cultural Organization,3F
4 and recognizing the importance of safeguarding the intangible cultural heritage, inter alia, social practices, rituals and festive events, at both the national and international levels,
Considering the interdependence between the intangible cultural heritage and the tangible cultural and natural heritage,
_______________
1 Nowruz (Novruz, Navruz, Nooruz, Nevruz, Nauryz) means new day and is celebrated on 21 March of each year; its spelling and pronunciation may vary according to country. 2 United Nations Educational, Scientific and Cultural Organization, Records of the General Conference, Fourteenth Session, Paris, 1966, Resolutions, chap. IV, resolution 8. 3 Ibid., Thirty-first Session, Paris, 15 October–3 November 2001, vol. 1 and corrigendum, Resolutions, chap. V, resolution 25, annex I.
4 United Nations, Treaty Series, vol. 2368, No. 42671.
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A/RES/64/253
2 Welcoming the inclusion of Nowruz in the Representative List of the Intangible Cultural Heritage of Humanity by the United Nations Educational, Scientific and Cultural Organization on 30 September 2009, Recalling the 2005 World Summit Outcome, adopted at the high-level plenary meeting of the General Assembly on 16 September 2005,4F 5 which recognizes, inter
alia, that all cultures and civilizations contribute to the enrichment of humankind, Stressing the importance of raising public awareness through education, media and cultural activities in order to foster knowledge of national cultures, world cultural heritage and cultural diversity, which are essential for strengthening global peace and implementing international cooperation,
Reaffirming that civilizational achievements constitute the collective heritage of mankind, providing a source of inspiration and progress for humanity at large, Emphasizing the need to achieve an objective understanding of all civilizations and to enhance constructive interaction and cooperative engagement among civilizations,
Noting that Nowruz, the day of vernal equinox, is celebrated as the beginning of the new year by more than 300 million people all around the world and has been celebrated for over 3,000 years in the Balkans, the Black Sea Basin, the Caucasus, Central Asia, the Middle East and other regions,
Stressing the importance of processes of mutual cultural enrichment and the necessity of promoting civilizational exchanges, which facilitate the development of international cooperation,
Mindful of the ever-increasing significance and relevance of a culture of living in harmony with nature, which is inherent in all civilizations in today’s world, Mindful also that Nowruz, as the embodiment of the unity of cultural heritage and centuries-long traditions, plays a significant role in strengthening the ties among peoples based on mutual respect and the ideals of peace and good-neighbourliness, Bearing in mind that the foundations of the traditions and rituals of Nowruz reflect features of the cultural and ancient customs of the civilizations of East and West, which influenced those civilizations through the interchange of human values, Noting the orientation of Nowruz towards the affirmation of life in harmony with nature, the awareness of the inseparable link between constructive labour and natural cycles of renewal and the solicitous and respectful attitude towards natural sources of life,
1. Recognizes 21 March as the International Day of Nowruz;
2. Welcomes the efforts of Member States where Nowruz is celebrated to preserve and develop the culture and traditions related to Nowruz;
3. Encourages Member States to make efforts to raise awareness about Nowruz and to organize annual events in commemoration of this festivity, as appropriate;
_______________
5 See resolution 60/1.
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A/RES/64/253
3 4. Calls upon Member States where Nowruz is celebrated to study the origins and traditions of this festivity with a view to disseminating knowledge about the Nowruz heritage among the international community;
5. Invites interested Member States, the United Nations, in particular its relevant specialized agencies, funds and programmes, mainly the United Nations Educational, Scientific and Cultural Organization, and interested international and regional organizations, as well as non-governmental organizations, to participate in events organized by States where Nowruz is celebrated.
71st plenary meeting
23 February 2010
3-21-23, CC Mtg.
March 21, 2023
Police Department
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Sole-Source contract with Veritone, Inc. for Software and Conversion Services as they relate to the State of
California’s Department of Justice requirements
regarding Racial and Identity Profiling Act (RIPA) data.
FINANCIAL IMPACT: The funding of $25,000 for Fiscal Year 2022-2023 will come from the Police Department’s approved budget and
the balance of $20,000 will be budgeted for accordingly in subsequent years - 01191021-400209.
PREVIOUS COUNCIL
ACTION:
07/26/2022
STATEMENT OF THE
ISSUE:
The California Department of Justice requires data to be submitted as part of the Racial and Identity Profiling Act (RIPA). In order to comply with Assembly Bill 953 (AB
953), officers must complete a report and send it to the California Department of Justice.
RECOMMENDED ACTION: APPROVE a sole-source contract with Veritone, Inc. for software and conversion services related to the Racial
and Identity Profiling Act reporting requirements, for a total not to exceed $45,000, for the term beginning March 21, 2023 through March 21, 2026 – Police Department
(Chief Bisa French 510-621-1802).
AGENDA
REPORT
3-21-23, CC Mtg.
March 21, 2023
DISCUSSION:
Assembly Bill 953 (Weber 2016), the Racial and Identity Profiling Act (RIPA) requires that law enforcement agencies collect stop data and reporting that information to the California Department of Justice, Office of the Attorney General. The data elements required to be collected and reported includes the date, time, and duration of the stop, location of stop, perceived race or ethnicity of person stopped, perceived gender of person stopped, perceived age of the person stopped as well as a number of other informational categories derived from an officer’s perceived knowledge of the suspect prior to any interaction. Once collected, each law enforcement agency is responsible for ensuring that no personally identifiable information (PII) is included in the data set. Next, this information must be securely transmitted to the California State Department of Justice.
Veritone’s software will be able to automatically find, analyze, and flag inconsistent data and move it to review. Once all reviews are completed, the correct data will be sent to the California Department of Justice through Veritone’s software server without any input by PD personnel.
Under SB 90, local governments may request that the State appropriate funds for legislation that contains mandated costs. If the State Legislature imposes a mandate containing an appropriation, the State Controller is required to process and pay local agencies’ reimbursement claims. In the event a mandate is passed with no appropriation, local agencies may pursue their reimbursement rights through the Commission on State Mandates. Veritone’s software can track the interaction time for each report entered by an officer (and the review time); therefore, Richmond PD may be able to use the time tracking data embedded in the software as support for its claim for State reimbursement.
A sole-source form was used to secure the contract with Veritone because Veritone is the only vendor that can analyze past data, submit the reports to the DOJ on our behalf without additional input from PD personnel, and the only vendor that can track the time required by PD personnel for reimbursement.
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract
Attachment 2 – Sole Source Form