City of Richmond
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, April 2023
Fee Schedule / Manner of Payment. In consideration of the work accomplished, as outlined in the Work Plan, compensation shall be billed at an hourly rate not to exceed an amount of $25,000 without prior City authorization.
Incidental costs incurred by SCI for travel, postage, and other out -of-pocket expenses incurred in performing the Work Plan shall be reimbursed at actual cost not to exceed $500 per year without prior authorization from the City.
SCI Staff ___Hourly Rate
John Bliss, President $ 303
Kyle Tankard, Cannabis Business Leader $ 325
Triston Foley, Analyst $ 200
Support Staff $ 70
Abo
ut SCI Consulting Group.
SCI is one of California’s top local cannabis policy consulting firms. We have assisted with regulated cannabis policy and implementation for over 35 California municipalities over the past seven years. We believe our expert knowledge of the local California cannabis industry, including social equity, coupled with our broad expe rience providing municipalities with regulation, implementation, tax consulting, public opinion research (polling) and tax -related community outreach consulting services, will serve the City well.
We look forward to the opportunity to assist the City with this important project. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached via e -mail at [email protected] or on my cell phone at (707) 208-0940.
Sincerely,
Joh
n Bliss, P.E.
President, SCI Consulting Group
4745 Mangels Blvd.
Fairfield, CA 94534
637
September 19, 2023
Finance Department
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager - Internal Services
Mubeen Qader, Deputy Director of Finance
Jerry Chak, Accounting Manager
Subject:
Investment and Cash Balance Report and Monthly
Overtime Reports for the month of July 2023
FINANCIAL IMPACT: There is no fiscal impact due to this agenda item.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and Monthly
Overtime Reports for the month of July 2023.
RECOMMENDED ACTION:
RECEIVE the City’s Investment and Cash Balance
Report and Monthly Overtime Reports for the month of
July 2023 – Finance Department (Nickie Mastay/Mubeen
Qader 510-412-2077).
DISCUSSION:
The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the Fiscal Year (FY) 2023-2024 Investment Policy.
AGENDA
REPORT
638
September 19, 2023
DOCUMENTS ATTACHED:
Attachment 1 – Investment and Cash Balance Report for July 2023 Attachment 2 – Overtime Report for July 2023
Attachment 3 – Overtime Public Safety Report for July 2023
639
640
641
642
643
644
645
646
647
648
649
6. Overtime Report ( All Funds ) ( July 2023)
PERIOD 1, JULY 2023
8% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,725,650 1,725,650 315,564 1,410,086 18% 400032 OVERTIME/Sworn 9,282,969 9,282,969 885,656 8,397,313 10% TOTAL GENERAL FUND 11,008,619 11,008,619 1,201,220 9,807,399 11% Overtime By Department
CITY MANAGER
Administration -
CITY CLERK
Administration 20,000 20,000 3,594 16,406 18%
COMMUNITY DEVELOPMENT -
General Plan Code Enforcement 20,000 20,000 1,089 18,911 5%
FINANCE -
Administration - - General Accounting - 844 (844) #DIV/0! Payroll - 8,867 (8,867) #DIV/0! Treasury/Cash Management - - Accounts Payable 600 600 600 0% Revenue Collection 5,000 5,000 1,227 3,773 25% TOTAL FINANCE 5,600 - 5,600 10,938 (5,338) 195%
HUMAN RESOURCES
Administration 18 (18) #DIV/0! POLICE
Administration 490,227 490,227 105,624 384,603 22% CAD Dispatch System 680,625 680,625 64,098 616,527 9% RM System 4,000 4,000 4,000 0% Parking Enforcement 6,000 6,000 362 5,638 6% Sworn Administration 4,800,000 4,800,000 423,797 4,376,203 9% Sworn Cops Grant - - Sworn Regulatory - - TOTAL POLICE 5,980,852 - 5,980,852 593,880 5,386,972 10% FIRE
Administration 2,000 2,000 2,000 0%
6. Overtime Report ( All Funds ) ( July 2023)
8% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
Suppression - - 63,109 (63,109) #DIV/0! Sworn Administration - - - Sworn Suppression 4,453,872 4,453,872 452,481 4,001,391 10% Sworn Prevention 29,097 29,097 2,777 26,320 10% Sworn Training 6,602 (6,602) #DIV/0! TOTAL FIRE 4,484,969 - 4,484,969 524,969 3,960,000 12%
PUBLIC WORKS & ENGINEERING SVCS
Facility Maintenance Administration - - Stationary Engineers 10,000 10,000 1,490 8,510 15% Building Services 3,000 3,000 3,000 0% Utility Sections 132,000 132,000 17,700 114,300 13% Electric 25,000 25,000 3,010 21,990 12% Parks & Landscape Admin 200,000 200,000 31,853 168,147 16% Streets Administration 36,000 36,000 36,000 0% Street Sweeping 1,100 1,100 1,100 0% Pavement Maintenance 41,447 41,447 858 40,589 2% Traffic Signs & Lines 4,885 4,885 1,734 3,151 35% Equipment Services 8,000 8,000 1,936 6,064 24% Abatement Services 27,000 27,000 2,863 24,137 11% TOTAL PUBLIC WORKS 488,432 - 488,432 61,444 426,988 13%
LIBRARY
Library Administration - - 1,166 (1,166) #DIV/0!
COMMUNITY SERVICES
Recreation Administration - 175 (175) #DIV/0! Booker T Center 250 250 250 0% Nevin Center 1,000 1,000 973 27 97% Shields Reid 37 37 161 (123) 430% Recreation Complex 1,000 1,000 570 430 57% Parchester Center 200 200 67 133 33% May Valley Center - 320 (320) #DIV/0! Recreation DPRC 500 500 500 0% Senior Center 300 300 300 0% Senior Center Annex 250 250 38 212 15% Aquatics 2,028 2,028 770 1,258 38% Convention Center - 351 (351) #DIV/0! Plunge 2,200 2,200 698 1,503 32% TOTAL COMMUNITY SERVICES 7,766 - 7,766 4,121 3,645 53%
6. Overtime Report ( All Funds ) ( July 2023)
8% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 1,000 1,000 0% TOTAL GENERAL FUND 11,008,619 - 11,008,619 1,201,220 9,807,399 11%
NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 20,000 2,167 17,833 11% 1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 25,300 4,569 20,731 18% 1018 RENT CONTROL 2,500 2,500 285 2,215 100% 1050 CR-PLANNING & BUILDING 9,500 9,500 9,500 0% 1055 ENCROACHMENT SVCS 8,000 8,000 980 7,020 12% 4003 WASTEWATER 7,500 7,500 2,620 4,880 35% 4404 RHA-NEVIN PLAZA - 364 (364) #DIV/0! 4405 RHA-NYSTROM VILLAGE - 1,091 (1,091) #DIV/0! 4501 RHA-CENTRAL OFFICE COST CTR - - 5001 INSURANCE RESERVES - - TOTAL NON-GENERAL FUNDS 72,800 - 72,800 12,075 60,725 17%
6.b. Overtime Report ( Public Safety) (June 2023)
City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense
ORIGINAL
BUDGET
REVISED
BUDGET
FY2020-21 Overtime - Sworn 5,000,000 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 442,662 397,356 436,869 382,792 4,754,372 99.0% 45,628 396,197.67 FY2023-24 Overtime - Sworn 4,800,000 4,800,000 423,797 423,797 8.8% 4,376,203 423,796.74 FY2020-21 Overtime - Sworn 4,305,402 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FIREFY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 4,482,969 461,859 461,859 10.3% 4,021,110 461,859.31 FY2023-24 TOTAL 9,282,969 9,282,969 885,656 - - - - - - - - - - - 885,656 9.5% 8,397,313 885,656.05
BUDGET ACTUALS TOTAL
653
September 12, 2023
Finance Department
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager - Internal Services
Mubeen Qader, Deputy Director of Finance
Jerry Chak, Accounting Manager
Subject:
Investment and Cash Balance Report and Monthly
Overtime Reports for the month of June 2023
FINANCIAL IMPACT: There is no fiscal impact due to this agenda item.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and Monthly
Overtime Reports for the month of June 2023.
RECOMMENDED ACTION:
RECEIVE the City’s Investment and Cash Balance
Report and Monthly Overtime Reports for the month of
June 2023 – Finance Department (Nickie
Mastay/Mubeen Qader 510-412-2077).
DISCUSSION:
The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the FY2022-23 Investment Policy.
AGENDA
REPORT
654
September 12, 2023
DOCUMENTS ATTACHED:
Attachment 1 – Investment and Cash Balance Report for June 2023 Attachment 2 – Overtime Report for June 2023
Attachment 3 – Overtime Public Safety Report for June 2023
655
Finance Department – Treasury Division
M E M O R A N D U M
To: Mayor and Members of the City Council
From: Nickie Mastay, Deputy City Manager
Mubeen Qader, Deputy Director of Finance
Jerry Chak, Accounting Manager
Date: September 12, 2023
Subject: MONTHLY CASH BALANCES & INVESTMENT REPORT –
June 2023
Enclosed for your information are the Investment Report, Portfolio Summary, and Comparative Cash Report for the month of June 2023 prepared by the City Treasurer pursuant to the statutory requirements of the State of California.
656
657
658
659
660
661
662
663
664
665
6. Overtime Report ( All Funds ) ( June 2023)
PERIOD 12, JUNE 2023
100% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,179,856 447,049 1,626,905 2,222,891 (595,986) 137% 400032 OVERTIME/Sworn 9,499,934 (365,435) 9,134,499 9,703,057 (568,558) 106% TOTAL GENERAL FUND 10,679,790 81,614 10,761,404 11,925,948 (1,164,544) 111% Overtime By Department
CITY MANAGER
Administration 2,500 2,500 2,500 0%
CITY CLERK
Administration 20,000 20,000 23,203 (3,203) 116% Attended monthly City Council meetings. -
COMMUNITY DEVELOPMENT -
General Plan Code Enforcement 25,380 25,380 2,917 22,463 11%
FINANCE -
Administration 1,900 1,900 156 1,744 8% General Accounting 2,500 9,500 12,000 10,923 1,077 91% Payroll 33,700 33,700 76,509 (42,809) 227% Short-staffed Treasury/Cash Management 1,200 1,200 2,071 (871) 173% Special project assisting Public Works researching grants related invoicing and payments
Accounts Payable 600 600 243 357 41% Revenue Collection 2,000 (7) 1,993 4,621 (2,628) 232% Analyzing and Processing Measure U Business Tax.
TOTAL FINANCE 6,400 44,993 51,393 94,522 (43,129) 184%
HUMAN RESOURCES
Administration 444 (444) 100% Short-staffed in Administration Division POLICE
Administration 324,792 165,435 490,227 575,840 (85,613) 117% CAD Dispatch System 481,125 199,500 680,625 733,256 (52,631) 108% RM System 2,420 2,420 1,138 1,282 47% Parking Enforcement 5,537 500 6,037 5,620 417 93% Sworn Administration 5,000,000 (200,000) 4,800,000 4,754,372 45,628 99% Sworn Cops Grant 146,015 (146,015) - - Sworn Regulatory 19,420 (19,420) - - TOTAL POLICE 5,979,309 - 5,979,309 6,070,226 (90,917) 102%
6. Overtime Report ( All Funds ) ( June 2023)
100% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
FIRE
Administration - - 1,227 (1,227) 100% One-time Fire Admin special project Suppression - - 194,720 (194,720) 100% Staff retro overtime pay prior to promotion Sworn Administration - - 554 (554) 100% Sworn Suppression 4,305,402 4,305,402 4,873,447 (568,045) 113% Vacation/Comp Time off; Injury-related leave and vacancies Sworn Prevention 29,097 29,097 15,046 14,051 52% Sworn Training 59,638 (59,638) 100% Vacation/Comp Time off TOTAL FIRE 4,334,499 - 4,334,499 5,144,632 (810,133) 119%
PUBLIC WORKS & ENGINEERING SVCS
Facility Maintenance Administration - 655 (655) 100% Stationary Engineers 10,000 10,000 22,268 (12,268) 223% Building Services 1,000 1,000 3,483 (2,483) 348% COVID cleaning in RPD; BART, Main Library Courtyard, Recreation Center.
Stationery Engineers replastered Richmond Swim Center, emergency repair to Plunge pump and hot water pump at Nevin housing; Fleet work on fire apparatus and storm related emergencies.
Utility Sections 100,000 100,000 127,358 (27,358) 127% Electric 25,000 25,000 38,989 (13,989) 156% Parks & Landscape Admin 136,000 136,000 264,837 (128,837) 195% Tree trimming, weed control, and emergency call-outs in various areas throughout the City.
Streets Administration - 3,439 (3,439) 100% Special events and storm related activities Street Sweeping 1,100 1,100 680 420 62% Pavement Maintenance 11,447 11,447 18,126 (6,679) 158% Traffic Signs & Lines 4,885 4,885 5,852 (967) 120% Equipment Services 4,000 4,000 15,254 (11,254) 381% Abatement Services 27,000 27,000 40,136 (13,136) 149% Increased Dumpster Day Clean-ups TOTAL PUBLIC WORKS 320,432 - 320,432 541,077 (220,645) 169%
LIBRARY
Library Administration - 8,000 8,000 5,191 2,809 65%
COMMUNITY SERVICES
Recreation Administration 600 1,200 1,800 1,421 379 79% Booker T Center 250 250 123 127 49% Nevin Center 1,000 1,000 313 687 31% Shields Reid 37 37 37 (0) 0% Recreation Complex 2,500 2,500 344 2,156 14% Parchester Center 200 200 54 146 27% May Valley Center 1,200 1,200 217 983 18% Recreation DPRC 1,000 (500) 500 232 268 46%
6. Overtime Report ( All Funds ) ( June 2023)
100% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET
PCT
Senior Center 300 300 300 0% Senior Center Annex 200 87 287 325 (38) 113% Senior Annex staff covering Senior Center while their staff was out Aquatics 2,200 961 3,161 4,498 (1,337) 142% Aquatics section is short-staffed (lifeguards).
Convention Center 5,000 5,000 31,637 (26,637) 633% Convention center is covering Contra Costa Health Services and Rentals on weekends
Plunge 2,200 955 3,155 4,484 (1,329) 142% Aquatics section is short-staffed (lifeguards).
TOTAL COMMUNITY SERVICES 16,650 2,741 19,391 43,686 (24,296) 225%
ECONOMIC DEVELOPMENT PROGRAM
Administration 500 500 50 450 10% TOTAL GENERAL FUND 10,679,790 81,614 10,761,404 11,925,948 (1,164,544) 111%
NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 15,515 15,515 28,630 (13,115) 185% Tree trimming, weed control, irrigation leaks and emergency call-outs 1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 25,300 38,755 (13,455) 153% Tree trimming, weed control, irrigation leaks and emergency call-outs 1018 RENT CONTROL - 802 (802) 100% 1050 CR-PLANNING & BUILDING 9,500 9,500 214 9,286 2% 1055 ENCROACHMENT SVCS 8,000 8,000 14,559 (6,559) 182% 4003 WASTEWATER 8,100 8,100 8,100 0% 4404 RHA-NEVIN PLAZA 15,000 15,000 25,845 (10,845) 172% On call emergency after hours requests and on weekends. 4405 RHA-NYSTROM VILLAGE 10,000 10,000 10,208 (208) 102% On call emergency after hours requests and on weekends. 4501 RHA-CENTRAL OFFICE COST CTR - 247 (247) 100% On call emergency after hours requests and on weekends. 5001 INSURANCE RESERVES - 163 (163) 100% TOTAL NON-GENERAL FUNDS 91,415 - 91,415 119,422 (28,007) 131%
6.b. Overtime Report ( Public Safety) (June 2023)
City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense
ORIGINAL
BUDGET
REVISED
BUDGET
FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,000,000 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 FY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 442,662 397,356 436,869 382,792 4,754,372 99.0% 45,628 396,197.67 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,305,402 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2022-23 TOTAL 9,499,934 9,134,499 810,586 789,669 804,715 755,980 772,321 781,846 838,183 947,651 782,476 795,435 806,347 817,849 9,703,057 106.2% (568,558) 808,588.08
BUDGET ACTUALS TOTAL
POLICEFIRE
669
September 12, 2023
Finance Department
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Subject:
Fiscal Year 2023-24 through Fiscal Year 2026-27
Authorized Broker, Dealer List for the City's investment portfolio
FINANCIAL IMPACT: An Authorized Broker/Dealer List will allow the City to select only those professionals who can provide the most experience and knowledge about current capital market
conditions to assist the City in maximizing investment
opportunities.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City staff is requesting the City Council to review and approve the updated Authorized Broker/Dealer List for
Fiscal Year 2023-24 through Fiscal Year 2026-27.
RECOMMENDED ACTION:
ADOPT a resolution updating the City’s Authorized
Broker/Dealer list to reflect current broker/dealers that offer the City investment instruments in accordance with Government Code Section 53601 – Finance Department
(Nickie Mastay/Andrea Miller 510-620-6790).
DISCUSSION:
In accordance with the City’s Investment Policy, the Finance Department is required to maintain a list of broker/dealers authorized to provide investment services. The broker/dealers will be selected by credit worthiness and must be authorized to provide AGENDA
REPORT
670
September 12, 2023
investment services in the State of California. All broker/dealers are requested to supply the following: (e.g., audited financial statements, proof of Financial Industry Regulatory Authority (FINRA) certification, proof of state registration, completed broker/dealer questionnaire, and certification of having read the City’s investment policy). A biennial review of the financial condition and registrations of qualified bidders will be conducted by the Finance Department.
The Request for Qualifications for Broker/Dealer Services was issued on April 4, 2023, and posted on the City’s website at BidsOnline inviting applications from interested firms. The City successfully received responses from eight (8) prospective bidders of which six (6) successfully completed the application process.
The Treasury Division developed a review committee to read and critique the responses and discuss the candidates’ financial health. The committee which consisted of the Deputy City Manager – Internal Services, Deputy Director of Finance, Senior Accountant, and Accountant II, met on May 23, 2023, to deliberate and rank the companies by percentage points. The candidates needed to score at least 70 percent in order to be considered for an interview. Four of the most qualified companies (Raymond James & Associates Inc., Mischler Financial Group, Inc., Loop Capital Markets, LLC., and Rice Securities, LLC, dba Rice Financial Products Company) were selected for an interview, which was held on June 22, 2023. Of the four firms interviewed, three were selected for the Authorized Broker/Dealer pool.
The updated Authorized Broker/Dealer list attached includes Raymond James & Associates Inc., Loop Capital Markets, LLC., and Rice Securities, LLC. as the selected Authorized Broker/Dealers.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution No. 101-20
Attachment 2 - List of Authorized Broker Dealers updated FY23-24 through FY26-27 Attachment 3 - Request for Qualifications for Broker/Dealer Services Attachment 4 - Resolution for Broker Dealer list September 12, 2023
671
672
673
1 City of Richmond
Finance Department
Treasury Division
450 Civic Center Plaza
Richmond, CA 94804
510-620-6750
510-620-6522 fax
www.ci.richmond.ca.us
AUTHORIZED BROKER DEALERS
For Fiscal Year 2023/24 through Fiscal Year 2026/27
Jared Fragin, Managing Director
Rice Securities, LLC., dba Rice
Financial Products Company
3 Columbus Circle, 15th Floor
New York, NY 10019
212-908-9260 Office
212-908-9262 Direct
929-246-7171 Mobile
Rosa Schulte, Managing Director
Raymond James & Associates, Inc.
28202 Cabot Road, Suite 300
Laguna Niguel, CA 92677
949-365-5850 Direct
949-742-0731 Mobile
[email protected]
Julie Karr, Managing Director
Loop Capital Markets
111 W. Jackson, Suite 1901
Chicago, IL 60604
312-913-4901 Office
312-913-4942 Direct
847-204-9793 Mobile
674
1 CITY OF RICHMOND
REQUEST FOR QUALIFACTIONS FOR
BROKER/DEALER SERVICES
Date of issuance: April 4, 2023
Bid Deadline: May 1, 2023
City of Richmond
Finance Department
Project Manager: Mubeen Qader
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6740
675
2 REQUEST FOR QUALIFICATIONS (RFQ) FOR BROKER/DEALER SERVICES
I. Introduction
1. General Information
The City of Richmond (City) is issuing a Request for Qualifications (RFQ) from qualified firms for broker/dealer services for investing on an as -needed basis for the City’s portfolio. Based on an evaluation of the responses and qualifications of the firms responding to this solicitation, the City will select firms for inclusio n in the broker/dealer pool. The initial term of the broker/dealer pool program shall be four years. At the conclusion of the four year period the City will issue a new RFQ.
Broker/Dealers will be selected from the broker/dealer pool for specific transactions based on the City’s sole determination of which firm, or combination of firms, will best meet the criteria and investing requirements.
There is, however, no guarantee that any firm will be included in any issue during the term of the pool. Further, the Director of Finance reserves the right to competitively bid any investing without notice to the firms in the pool.
There is no expressed or implied obligation for the City of Richmond to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.
The specific firm requirements, instructions to responders, and evaluation methodology are described in detail in the RFQ. Responders should read this RFQ carefully and follow all instructions to ensure complian ce with City requirements and requests for information. Based on a review and evaluation of the information submitted in the responses, City staff will recommend firms for the pool.
2. City of Richmond, California
The City of Richmond was chartered as a city in 1909, and is located 16 miles northeast of San Francisco, directly across San Francisco Bay. Richmond is on a peninsula separating San Francisco Bay (to the south) and San Pablo Bay (to the north), spanning 32 total miles of shoreli ne. The City’s total area is 52.51 square miles, 30.06 of which is land area and 22. 45 water area. Richmond is situated near major metropolitan cities and major new growth areas.
Richmond’s population is 115,639.
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3 The City of Richmond provides a full range of municip al services, including police and fire protection, construction and maintenance of highways, streets and infrastructure, library services, storm water and municipal sewer systems, wastewater treatment facility and the administration of recreational activit ies and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.
The City Council is the governing body of the City and has six members elected by district to alternating 4 -year terms. The Mayor is elected at large and is a seventh member of the city Council. The City of Richmond is a Council - Manager form of government. The City Manager, appointed by the Mayor and Council, has administrative authority to manage administrative and fiscal operations of the city. In addition to the City Manager, the City Attorney, City Clerk and Investigative Appeals Officer are appointed by the Mayor and Council.
3. City’s Investment Portfolio
Portfolio book balance as of March 31, 2023:
City/Agency Funds
Local Agency Investment Fund $68,091,458.24
CalTrust $176,557,560.46
Total Portfolio $244,649,018.70
Copies of the City’s budgets, audits and policies can be obtained on the City’s website at the following address:
https://www.ci.richmond.ca.us/65/Finance
4. Minimum Qualifications
All firms must meet the minimum qualifications to be considered for evaluation.
Provide proof of Financial Industry Regulatory Authority (FINRA) certification for a minimum of five years.
Proof of State of California registration.
Must be a primary or regional dealer that qualifies under the Securities and Exchange Commission Rule 15C3-1 (Uniform net Capital Rule). State in writing their acceptance and understanding of the City’s written Investment Policy (Attachment 1).
Provide the City with audited financial statements.
Have been in operation for more than five years.
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4 Must have a working knowledge of the State of California Government Code §53601 and §53630 that governs investments of public funds.
Have the ability to conduct transactions on a delivery vs. payment (DVP) basis.
Have adequate financial strength and capital to support the level of trading that is approved.
Must be in good standing with the appropriate regulatory agencies.
II. Nature of Services Required
1. General Requirements
A. Broker/Dealer Personnel
Broker/Dealers are required to provide a lead person with signature authority to commit the firm’s capital and to engage the firm in the City’s financings. The lead person shall have full authority to act for the Broker/Dealer in all matters relating to the operation and management of the firm’s participation in the solicitation of bids and offers.
B. Confidentiality
The Broker/Dealer must ensure that the information obtained during the provision of Broker/Dealer services, except for those items that are or later become part of the public record, shall at all times remain confidential.
2. Broker/Dealer Responsibilities
Broker/Dealer responsibilities may include but are not limited to the following:
● Develop and recommend investing structures and strategies ● Assess market conditions prior to and at pricing
● Maintain a secondary market for the securities
● Send up-to-date market issues for fixed income securities ● Send up-to-date market condition reports
● Assist the Investment Analyst with yield curves, and yield analysis reports.
3. Removal From Pool
Any broker/dealer may be removed or suspended from the pool for reasons which include, but are not limited to, the following:
● Unacceptable performance in any investment instrument ● Failure to comply with the City’s policy that broker/dealers never contact City Council Members regarding investing business
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5 ● Failure to maintain Federal, State and NASD registration, licenses or memberships necessary for offering and selling securities in California ● Subject to disciplinary action by the SEC, NASD, or the California Department of Corporations
● Failure to continue to meet the minimum requirements listed in Section I.4 ● Filing for protection under Federal or State bankruptcy laws
III. Instructions for All Responders
1. Tentative Schedule for Selection Process
April 4, 2023 Request for qualifications issued
May 1, 2023 Submittal Deadline
May 12, 2023 Interview notifications sent out
May 22, 2023 Broker/Dealers selected, and pool formed
2. Process for Submitting Proposals
A. 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 April 19, 2023. 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 April 24, 2023. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFQ that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFQ. Any party attempting to influence or circumvent the RFQ, bid submittal, and review process may have their proposal rejected for violating this provision of the RFQ.
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 RFQ, 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 receive any addenda or notifications relating to the RFQ.
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6 B. 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. The Broker/Dealer 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. Broker/Dealers will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully.
The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 5:00 p.m., on May 1, 2023.
The City of Richmond reserves the right to waive inconsequential irregularities.
C. 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.
D. Public Records
All proposals submitted in response to this RFQ become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
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7 3. Response Content and Sequence
A. Cover Letter
Include a brief letter (no more than two pages) transmitting the response and indicating the name, address, and telephone number of the person(s) authorized to sign for and make representations on behalf of the firm.
Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFQ, insurance requirements (Attachment 3) and in the sample Service Agreement (Attachment 4).
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.
B. Table of Contents
Include a Table of Contents of the material presented in your response showing the applicable page numbers.
C. Response Content
Responses are to be submitted based solely on the contents of this RFQ.
The City assumes no responsibility for any understanding or representations concerning information provided or conditions given by any employees, prior to the selection of the pool, unless the same are explicitly expressed or included in the RFQ or any subsequent addendum to the RFQ.
D. Required Documents
A completed “Broker/Dealer Questionnaire and Certification (Attachment 2).”
A resume on each firm employee with whom the City would be trading.
A copy of the firm’s most recent Annual Reports, Form 10-Ks, and audited financial statements.
Confirmation of registration with the Securities & Exchange Commission (SEC).
Confirmation that that the account representative(s) and the firm are members of the Financial Industry Regulatory Authority (FINRA). Copy of the last two years of SEC rule 15C3-1(Net capital requirement for broker dealers).
Samples of fixed-income research reports or market information that the firm regularly provides to public sector clients.
E. Format
In order to simplify the evaluation process, responses must be submitted in the format described above. Each point of each question must be answered.
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8 Failure to comply with these provisions, in the City’s sole discretion, may result in disqualification of the response or deductions in the scoring.
IV. Evaluation Procedures
1. Review of Proposals
The City reserves the sole right to judge the contents of all responses. Firms who submit responses that, in the City’s sole discretion, are incomplete and/or do not follow content and format guidelines may be disqualified without further consideration. Responses meeting the minimum requirements stated in Section I.4 will be evaluated on the criteria set forth in Section IV.2 below.
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 (8.5inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera.
2. Evaluation Criteria
70% weight will be given to the following factors (Firm and Staff Qualifications). Please complete the following (attachment 5):
Firm Information & Sales Coverage (Section A)
Diversity, Social Responsibility and Environmental, Social and Governance (Section B)
Trading Products Capacity Information (Section C)
Research/Strategy Capabilities (Section D)
Compliance/Due Diligence (Section E)
20% weight will be given to the following factors (Firm and Staff Qualifications).
Underwriting capacity of the firm.
Recent demonstrated experience and ability of the firm and assigned staff to manage or contribute to diverse and complex investing structures of municipalities.
Comparable City Local Agency clients in our geographical area Suitability of firm’s qualifications.
Firm’s financial stability and ability to maintain as an ongoing concern during the proposed term of the broker/dealer pool. Magnitude of any pending litigation/sanctions.
Magnitude of any exceptions taken to the RFQ and the suitability and appropriateness of any alternatives.
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9 10% weight will be given to the following factors (Quality and Relevance of Response)
Over-all level of detail in the response to the RFQ.
Appropriateness and thoroughness of the firm’s understanding of the scope and complexity of the City’s requirements as demonstrated in their response.
Analysis of the firm’s demonstrated ability to provide the requested services to meet or exceed the requirements in this RFQ.
A firm must score a minimum of 70% in order to be selected for the pool.
The City reserves the right to:
Require additional information from, any firm prior to its selection; and
May consider information about any firm from other sources, including information submitted by the firm.
3. Interview/Presentations
Upon request of the City of Richmond, vendors may be requested to give an oral presentation/demonstration on vendor’s proposal, which would include a detailed analysis of how each of the RFQ requirements would be addressed should Offeror receive the award. An in-person presentation is preferred but City staff will work with the vendor to determine what is feasible. The visit shall be conducted at no cost to the City.
Firms are not guaranteed an opportunity to interview. Firms may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals.
4. Reference Checks
Reference checks may be used to confirm the applicability of respondent experience to the services the City is requesting and the quality of services and staffing provided to prior clients, as well as the respondents problem- solving, project management and communication abilities, as well as performance on deliverables and outcomes.
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RESOLUTION NO. _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ,
APPROVING THE BROKER -DEALERS AUTHORIZED TO CONDUCT INVESTMENT
TRADING BUSINESS WITH THE CITY
______________________________________________________________________________
WHEREAS, the City of Richmond (the “City”) is required to maintain and periodically update the list of authorized Broker-Dealers to offer bids to, or make purchases from Authorized Broker-Dealers; and
WHEREAS, following adoption of the February 22, 2020 approved list of Broker-Dealers, the City must update the list of authorized Broker-Dealers by conducting the bidding process every four years as mandated by the City’s Investment Policy; and
WHEREAS, in April 2023 the City of Richmond Finance Department issued a Request for Qualifications through the City’s BidsOnline system; and
WHEREAS, four hundred seventy-five firms were notified, and twenty firms downloaded the Request for Qualifications, of which eight presented proposals; and
WHEREAS, the eight proposals the City received were reviewed by a panel consisting of Nickie Mastay, Deputy City Manager; Mubeen Qader, Deputy Finance Director, Jerry Gurule, Sr.
Accountant; and Wynonna Perez, Accountant II; and
WHEREAS, in evaluating the proposals, the panel consid ered the criteria set forth in the Request for Qualifications for Broker/Dealer Services; and
WHEREAS, the panel selected proposals of three firms, finding that all have the technical expertise to perform the work required, and that each clearly demonstrated their understanding of the regulatory issues involved in working with government agencies; and
WHEREAS, one of the three firms is located in Southern California, and two of the three firms are located outside California; and
WHEREAS, the three firms selected are:
Rice Securities, LLC. (New York, NY)
Raymond James & Associates Inc. (Laguna Nigel, CA)
Loop Capital Markets (Chicago, IL)
WHEREAS, the authorized firms on the list will be asked to submit offers for investment purchases and sales, with the best-valued investment selected; and
WHEREAS, a bi -annual review of the financial condition and registrations of the authorized firms will be conducted by the Director of Finance.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Richmond, California, hereby approves the list of authorized Broker-Dealers which now consists of Jared Fragin of Rice Financial Products Company, Rosa Schulte of Raymond James & Associates Inc., and Julie Karr of Loop Capital Markets.
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I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof, held on the ___________________, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
______________________________
City Clerk of the City of Richmond
(SEAL)
Approved:
__________________________________
Mayor
Approved as to form:
___________________________________
City Attorney
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September 19, 2023
Library and Community Services
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment & Training
Fred Lucero, Program Manager
Subject:
Grant-Funded Contract with Association for Energy
Affordability (AEA) to Provide Building Energy Efficiency Training
FINANCIAL IMPACT: The proposed expenditure of $16,000 will not impact the general fund. The entirety of the project funds will come from an Environmental Protection Agency $500,000 grant
awarded to the City of Richmond in May 2023.
(12571141-400538-27G02)
PREVIOUS COUNCIL
ACTION:
There is no previous council action.
STATEMENT OF THE
ISSUE:
Employment and Training would like to contract with
Association for Energy Affordability (AEA) to provide
building energy efficiency training to RichmondBUILD
participants.
RECOMMENDED ACTION: APPROVE a contract with the Association for Energy Affordability to provide training and certifications on high- performance building energy efficiency classes in an
amount not to exceed $16,000, for a term commencing
on September 13, 2023, and ending June 30, 2026, with
two one-year time-only extension options – Community
Services Department, Employment and Training Division
(Tamara Walker 510-307-8006/ Fred Lucero 510-621-
1562).
AGENDA
REPORT
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September 19, 2023
DISCUSSION:
In May 2023, the Employment & Training Division (“E&T”) of the Community Services Department was awarded a $500,000 grant from the Environmental Protection Agency (“EPA”). This grant was part of the Biden-Harris Administration’s Infrastructure Bill.
Only twenty-five grants were awarded across the country and the City of Richmond by and through the Employment and Training Division’s RichmondBUILD program received one of the grants. Under the requirements outlined in the EPA grant’s Work Plan, RichmondBUILD is required to teach high-performance building energy efficiency training classes. The types of classes and available budget to cover the required classes was outlined in the grant application.
E&T followed the City of Richmond’s Bids Online protocol and posted a Request for Qualifications. However, since there were no responses to the RFQ, Association of Energy Affordability (“AEA”) was awarded the contract, as AEA has successfully provided services to RichmondBUILD in the past, and the demonstrated quality of AEA’s performance.
The AEA contract total is for $16,000 and the funding will come from the EPA 500 grant.
Over the course of the five-year grant, AEA will teach a series of eight one-week home efficiency courses at RichmondBUILD. AEA will receive $2,000 per session, for eight sessions, totaling $16,000. The budget was established by E&T staff when E&T applied for the grant. AEA was also written into the grant because they previously worked with RichmondBUILD and MCE on energy efficiency classes.
In conjunction with MCE, AEA has previous experience teaching energy efficiency classes through E&T’s programs. AEA successfully referred RichmondBUILD graduates, for energy efficiency jobs. E&T also worked with AEA on an MCE-funded grant in the past and had very successful outcomes.
As outlined in the EPA 500 grant, AEA will teach a total of eight (8) customized classes over the course of the grant. Each class will be comprised of one week per cohort.
Final exams will be taken at the end of training. Below is the curriculum for the high- performance building modules. The eight one-week classes shall consist of the following:
Energy home use and conservation
Building Shell, Components, and Brownfields
Mechanical Systems
Renewable Energy and Electrification - Topics to be covered:
o Thermal Comfort
o Air Movement in Buildings
o Ventilation Systems
o Renewable Energy
o Heat Pumps
o Cooling Systems
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September 19, 2023
o Domestic Hot Water
o Lighting & Controls
o Water Conservation
o Electrical Safety
City staff recommends City Council approval of a contract with the Association for Energy Affordability to provide training and certifications on high-performance building energy efficiency classes in an amount not to exceed $16,000, for a term commencing of September 13, 2023, and ending June 30, 2026, with two one-year extension options for time only.
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract
Attachment 2 - RFQ
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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:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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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 PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. / 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, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 694
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. 695
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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 C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 696
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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 697
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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.
(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 699
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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 700
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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 701
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 702
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.
703
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 704
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.
705
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. 706
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):
707
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.
708
EXHIBIT G
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) y ears 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 , , at _____________, California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
709
CITY OF RICHMOND
REQUEST FOR QUALIFICATIONS
FOR
Educational Training Services
SUMMARY
This Request for Qualifications (RFQ) has been released to allow RichmondBUILD to recruit qualified Educational/Training Services to teach Home Building Performances at RichmondBUILD.
Vendor services being solicited through this RFQ are open to business enterprises that possess a current City of Richmond business license.
BACKGROUND
The RichmondBUILD Academy was first developed to create employment and career opportunities for Richmond residents and also to implement a strategy for reducing violence in our community. RichmondBUILD was established in April 2007 and has quickly become a model of effective and broad public/private partnership that is focused on developing talent and skills in the high growth and high wage construction and renewable energy fields.
PURPOSE OF SOLICITATION
This Request for Qualifications (RFQ) has been released to allow RichmondBUILD to recruit qualified Educational/Training Services vendors for its Home Building Performances courses.
Vendor services being solicited through this RFQ are open to business enterprises that possess a current City of Richmond business license.
QUALIFIED APPLICANTS
Applications will be evaluated as they are received. Evaluations will be conducted by the RichmondBUILD Staff. Applicants may be contacted, in writing/email, to answer questions or provide clarification to this evaluation team. Recommendations will then be made to the RichmondBUILD Academy Staff.
Applicants that attend the review meeting will be given an opportunity to speak for a length of time determined by the reviewing body.
SCOPE OF WORK
Vendor will be responsible for teaching Home Building Performances on Brownfields sites. All the coursework will be taught at the RichmondBUILD Academy facility.
RFQ COORDINATOR
All questions must be submitted via the electronic Bids Online system on the Q&A tab by 5:00pm PST, on July 21, 2023. 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 July 24, 2023. It is the proposer’s responsibility to periodically check the Bids Online website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
710
GENERAL GUIDELINES
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 e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The city will only receive those proposals that were transmitted successfully no later than 2:00 p.m., Friday, July 28, 2023. The City reserves the right to reject all proposals.
LATE PROPOSALS
Proposals arriving after the specified date and time will not be considered, nor will late proposals be opened. Proposers assume responsibility for timely submission of its proposal.
RFQ ACCEPTANCE AND REJECTION
The City of Richmond reserves the right to accept any proposal, to reject all proposals if said rejection is deemed in the best interest of the City, to call for new proposals, and to award the contract to a Proposer that submitted a proposal “most advantageous to the City.” This need not to be the least cost proposal.
TERM OF CONTRACT
The duration of the contract is anticipated to be for five years. The budget for the contract is included within the approved fiscal year 2023-2028 budget.
CHANGE ORDERS
If, during the Agreement, the selected Trainer or the City proposes changes to the Scope of Work, and informal consultation with the other party indicates that a change in the terms and conditions of the Agreement may be warranted, the Trainer or the City may request a change in the Agreement. The parties to the Agreement will meet to discuss and negotiate the required Agreement amendment, which if it requires additional funding must have City Council approval.
EVALUATION
The following is a summary of the evaluation criteria:
1) Work/Business Experience A description of the history and accomplishments of the applicant. 25 Points
2) References/Referrals References and/or referrals. All references/referral provided may be contacted. 25 Points
711
3) Work Product The samples of previous work product. All such samples will be judged for design, message, and effectiveness. 25 Points
4) Reasonableness of Cost Comparison will be made of proposed cost versus historical cost of providers of similar activities/products, as well as whatever is determined to be ‘market rate’ for the service. 25 Points
Total Points: 100
Minority and women-owned businesses are encouraged to apply.
Bids Online Category:
92400-Educational Training Services
712
September 19, 2023
Library and Community Services
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager - Community
Services
Tamara Walker, Deputy Director of Community Services
- Employment & Training
Fred Lucero, Program Manager
Subject:
Grant-Funded Contract with NET Electric to Provide
Classes on the Installation of Electric Vehicle Charging Stations and Solar Power
FINANCIAL IMPACT: The proposed expenditure of $32,000 will not impact the general fund. The entirety of the project funds will come from an Environmental Protection Agency (EPA) grant
awarded to the City of Richmond in May of 2023.
(12571141-400538-27G07).
PREVIOUS COUNCIL
ACTION:
December 21, 2021
STATEMENT OF THE
ISSUE:
Employment & Training staff is seeking approval of an
Environmental Protection Agency (EPA) grant-funded
contract with NET Electric for certification classes for the installation of electric vehicle charging stations and solar power.
RECOMMENDED ACTION:
APPROVE a contract with NET Electric to provide
training and certification on the installation of electric vehicle charging stations and solar power in an amount
not to exceed $32,000, for a term commencing on
September 20, 2023, to June 30, 2026, with two one-year time only extension options – Community Services
Department, Employment and Training Division (Tamara
Walker 510-307-8006 / Fred Lucero 510-621-1562).
AGENDA
REPORT
713
September 19, 2023
DISCUSSION:
In May 2023, the Employment & Training (E&T) Division was awarded a $500,000 grant from the Environmental Protection Agency (EPA). This grant was part of the Biden- Harris Administration’s Infrastructure Bill. Only twenty-five grants were awarded across the country and E&T’s RichmondBUILD was one of the twenty-five.
Under the grant requirements outlined in the EPA Grant’s Work Plan, E&T is required to teach electric vehicle (EV) charging station installation and solar installation. The City posted a and there were no responses. Although E&T wrote NET Electric into the EPA grant to teach the required EV-related classes at the RichmondBUILD facility, City staff still released a Request for Qualification (RFQ) to the City’s Bids Online system for those services. There were no responses to the RFQ; and therefore, E&T was allowed to award the contract to NET Electric.
Over the course of the grant and per E&T via the grant application, NET Electric will teach a series of eight two-week sessions of solar installation and EV Charging Installation courses at RichmondBUILD (16 sessions). Net Electric will receive $2,000 per session, for 16 sessions, which equals a total of $32,000.
NET Electric is a minority owned Richmond-based company and has solid experience working with E&T. In the past and in coordination with MCE, NET Electric taught electrical classes, hired graduates to work on projects like Solar One. They also worked on Richmond’s street lighting retrofit project. E&T also worked with NET Electric on another EV grant with the Transportation Parking Division. NET Electric will teach the following classes as outlined in the EPA 500 grant to the RichmondBUILD students:
EV Charging Installation
Working on a Brownfield Site for EC Charging Station
o HAZ 40 certification
o Capped vs not capped sites
Electrical & Electronic Components
Electrical tools & Test Equipment
Wiring Diagrams & Wiring Repairs
Basic Electrical Tests Computer Control Technology
Computer System Fundamentals
On-Board Diagnostic & Scan Tools Electrical & Electronic System Technology 12 Volt & HV Battery Technology
12 Volt & HV Battery Service
HV Safety
Drive Motor Technology
Drive Motor Service
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September 19, 2023
Photovoltaic (Solar) Overview Solar Installation
Job site safety
Principles of photovoltaic
Site surveys, preplanning, and system sizing
Materials, tools, and conduit bending
Modules, inverters, and balance of system components
Modules features, inverter features, mounting systems Installation methods, guidelines, and calculations
Electrical wiring and connections
Residential vs commercial solar installation
City staff requests City Council approval to enter into a contract with NET Electric to provide training and certification on the installation of electric vehicle charging stations and solar power in an amount not to exceed $32,000, for a term commencing on September 20, 2023, to June 30, 2026, with two one-year extension options for time only. This term will extend through the term of the EPA grant.
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract
Attachment 2 – Request for Qualifications
Attachment 3 – Quote from NET Electric
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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.
(510) 908-3560
[email protected]
510-621-1562
716
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
717
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
718
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. / 450 Civic Center Plaza
719
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, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 721
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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. 722
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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 C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 723
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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 724
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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.
(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 726
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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 727
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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 728
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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 729
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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.
730
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 731
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.
732
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. 733
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):
734
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.
735
CITY OF RICHMOND
REQUEST FOR QUALIFICATIONS
FOR
Educational Training Services
SUMMARY
This Request for Qualifications (RFQ) has been released to allow RichmondBUILD to recruit qualified Educational/Training Services to teach Electronic Vehicle Charging Installation at RichmondBUILD.
Vendor services being solicited through this RFQ are open to business enterprises that possess a current City of Richmond business license.
BACKGROUND
The RichmondBUILD Academy was first developed to create employment and career opportunities for Richmond residents and also to implement a strategy for reducing violence in our community. RichmondBUILD was established in April 2007 and has quickly become a model of effective and broad public/private partnership that is focused on developing talent and skills in the high growth and high wage construction and renewable energy fields.
PURPOSE OF SOLICITATION
This Request for Qualifications (RFQ) has been released to allow RichmondBUILD to recruit qualified Educational/Training Services vendors for its Electronic Vehicle Charging Station Installation.
Vendor services being solicited through this RFQ are open to business enterprises that possess a current City of Richmond business license.
QUALIFIED APPLICANTS
Applications will be evaluated as they are received. Evaluations will be conducted by the RichmondBUILD Staff. Applicants may be contacted, in writing/email, to answer questions or provide clarification to this evaluation team. Recommendations will then be made to the RichmondBUILD Academy Staff.
Applicants that attend the review meeting will be given an opportunity to speak for a length of time determined by the reviewing body.
SCOPE OF WORK
Vendor will be responsible for teaching Electronic Vehicle Charging Installation on Brownfields sites. All the coursework will be taught at the RichmondBUILD Academy facility.
RFQ COORDINATOR
All questions must be submitted via the electronic Bids Online system on the Q&A tab by 5:00pm PST, on July 21, 2023. 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 July 24, 2023. It is the proposer’s responsibility to periodically check the Bids Online website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
736
GENERAL GUIDELINES
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 e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The city will only receive those proposals that were transmitted successfully no later than 2:00 p.m., Friday, July 28, 2023. The City reserves the right to reject all proposals.
LATE PROPOSALS
Proposals arriving after the specified date and time will not be considered, nor will late proposals be opened. Proposers assume responsibility for timely submission of its proposal.
RFQ ACCEPTANCE AND REJECTION
The City of Richmond reserves the right to accept any proposal, to reject all proposals if said rejection is deemed in the best interest of the City, to call for new proposals, and to award the contract to a Proposer that submitted a proposal “most advantageous to the City.” This need not to be the least cost proposal.
TERM OF CONTRACT
The duration of the contract is anticipated to be for five years. The budget for the contract is included within the approved fiscal year 2023-2028 budget.
CHANGE ORDERS
If, during the Agreement, the selected Trainer or the City proposes changes to the Scope of Work, and informal consultation with the other party indicates that a change in the terms and conditions of the Agreement may be warranted, the Trainer or the City may request a change in the Agreement. The parties to the Agreement will meet to discuss and negotiate the required Agreement amendment, which if it requires additional funding must have City Council approval.
EVALUATION
The following is a summary of the evaluation criteria:
1) Work/Business Experience A description of the history and accomplishments of the applicant. 25 Points
2) References/Referrals References and/or referrals. All references/referral provided may be contacted. 25 Points
737
3) Work Product The samples of previous work product. All such samples will be judged for design, message, and effectiveness. 25 Points
4) Reasonableness of Cost Comparison will be made of proposed cost versus historical cost of providers of similar activities/products, as well as whatever is determined to be ‘market rate’ for the service. 25 Points
Total Points: 100
Minority and women-owned businesses are encouraged to apply.
Bids Online Category:
92400-Educational Training Services
738
Rep:
Start Date: PO:
Terms:
Accepted:
Solar -
The following is the scope of work:
Instructional training in Solar & EV Charging
Will cover classroom and hands-on field training to install a working system We have developed hands-on training curriculum for the Solar & EV Charging.
NET ELECTRIC, INC
ELECTRICAL • ENERGY SOLUTIONS • SOLAR • EV CHARGING
License # 960045 / Dir # 1000006222
Tel 866-334-2400 / Fax 855-300-0127
Date: Nathan Tyler
End Date:
Attn: Fred Lucero
Same
QUOTE
City of Richmond
Richmond Build
360 S. 27th Street
Richmond, CA 94804
September 6, 2023
TBD
Customer Project Location
5327 Jacuzzi Street, Unit 4D • Richmond, CA 94804 • email: [email protected] TOTAL COST FOR THIS COHORT……………………………………………………………..……………$32,000.00 Name:
Date:
Upon this signature you have authorized us to proceed with the scope of work listed above, Class schedule-
Monday - Thursday 8 am - 2:30 pm
EVCS -
Will cover classroom and hands-on field installations and operations Monday - Thursday 8 am - 2:30 pm
Class schedule -
739
September 19, 2023
Library and Community Services
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Subject:
Request to Attend the National Recreation and Parks
Association Conference in Dallas, Texas
FINANCIAL IMPACT: No financial impact on the general fund. Travel expenses are paid by the National Recreation and Parks
Association grant funds. The funding is currently in the account number: 10651051-400201-5G11
PREVIOUS COUNCIL
ACTION:
The City Council adopted Resolution 92-17 banning
travel to states that have enacted laws that discriminate against the LGBTIQQ community.
STATEMENT OF THE
ISSUE:
Approval by City Council is needed to authorize travel to Dallas, Texas as it is listed within Resolution 92-17 as one of the states that has enacted laws that discriminate against the LGBTIQQ community. An exception may
apply to allow travel to participate in training required by a grant.
RECOMMENDED ACTION:
APPROVE travel requests for Ranjana Maharaj, Deputy
Director for Community Services-Recreation; Tetteh
Kisseh, Recreation Supervisor; Jene Levine-Snipes,
Development Project Manager, and Hope Lattell, Finance
Manager, to attend the National Recreation and Parks
Association conference in Dallas, Texas from October 9
to October 12, 2023 – (LaShonda White 510-620-
6828/Ranjana Maharaj 510-620-6972).
AGENDA
REPORT
740
September 19, 2023
DISCUSSION:
In 2022, Community Services-Recreation applied for and received grant funds in the amount of $90,000 from the National Recreation and Parks Association (NRPA) for the implementation of the project, Parks as Community Wellness Hubs programs. In accordance with the National Recreation and Parks Association grant requirement listed on page 2 D. of the Memorandum of Understanding executed between the National Recreation and Parks Association and the City of Richmond, City staff are required to attend one virtual and one in-person training in July/August of 2022 and October of 2023. City staff have been meeting virtually with the National Recreation and Parks Association grantors on a regular basis and have met the requirement for the virtual meeting. City staff are now seeking approval to attend the in-person conference and meeting in October 2023 to comply with the requirement to attend the in-person meeting.
The 2023 National Recreation and Parks Association Conference will be held in Dallas, Texas from October 9 through October 12 of this year. The National Recreation and Parks Association Conference will give City staff a unique opportunity to network with industry peers from across the country to exchange ideas, insights, best practices, and solutions to incorporate into the City of Richmond’s recreational programs.
Additional benefits of attending this educational event include:
Hundreds of educational and training sessions on recreation programs Networking opportunities with professional peers in similar roles across the country
Opportunities to seek grant fund information and application process, Continuing Professional Education (CPE) credits
Collaborating with NRPA to conduct community needs assessment and community engagement activities
Engaging in training and technical assistance opportunities Learning to promote and advance health equity strategies in recreation and parks through systems change approaches.
Resolution No 92-17, “Resolution Supporting the Lesbian, Gay, Bisexual, Transgender, Intersex Queer and Questioning (LGBTIQQ) Community and Establishing a Policy to Prevent City-Funded Travel to States with Laws Discriminating on the Basis of Sexual Orientation, Gender Identity or Gender Expression” generally prohibits City staff from travelling to a state that discriminates against is requesting approval of this travel by the City Council since there is a ban on traveling to states that discriminate against the LGBTIQQ community. The State of Texas is identified within the Resolution as one of the states subject to the policy.
Resolution 92-17 contains several exceptions to the policy. An exception to the policy applies if travel to a subject state is required for the following purpose:
“To participate in meetings or trainings required by a grant or required to maintain grant funding.”
741
September 19, 2023
City staff contend that the in-person training in October of 2023 is required under the grant. As part of the approval process to travel to the symposium, the City Manager will have to sign Travel Request Forms upon approval by the City Council. City staff would like the City Council to consider the above-mentioned exception and approve the staff’s request to travel to Texas to attend this conference and meeting.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution No. 92-17
Attachment 2 – MOU between NRPA and City of Richmond
Attachment 3 – Request for Travel and Conference information 742
Reso. No. 92-17
RESOLUTION NO. 92-17
RESOLUTION SUPPORTING THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
INTERSEX, QUEER AND QUESTIONING (LGBTIQQ) COMMUNITY AND
ESTABLISHING A POLICY TO PREVENT CITY-FUNDED TRAVEL TO STATES
WITH LAWS DISCRIMINATING ON THE BASIS OF SEXUAL ORIENTATION,
GENDER IDENTITY OR GENDER EXPRESSION
WHEREAS, the State of California is committed to protecting civil rights, preventing discrimination, and taking action to avoid supporting or financing discrimination against lesbian, gay, bisexual and transgender people; and
WHEREAS, the City of Richmond has resolved to be a leading community in the protection of civil rights and preventing discrimination; and WHEREAS, Richmond Rainbow Pride is the first and only LGBTQ community organization in the City of Rich mond, comprised of lesbian, gay, bisexual, transgender, intersex, queer and questioning (LGBTIQQ) individuals and allies who liv e, work and gather in the Richmond community, coming together for the collective benefit of their fellow LGBTIQQ community members; and
WHEREAS, Richmond Rainbow Pride seeks to a dvocate for local po licy change to preserve and protect the rights of the LGBTIQQ community within the city of Richmond; and WHEREAS, in direct response to the landmar k Supreme Court’s decision in Obergefell v. Hodges in which the Court ruled that the fundamental right to marry is guaranteed to same-sex couples, there are bills passed and pending in state legislat ures across the country that are designed to allow discrimination against LGBTIQQ people in many aspects of their lives; and WHEREAS, there continue to be states that enact laws to void or repeal protections against discrimination on the basis of sexual orientation, gender identity, or gender expression, or that authorizes or require discrimination against same-sex couples or their families; and WHEREAS, Assembly Bill No. 1887 “State government: discrimination: travel” sponsored by California Assemb ly Member Low was lawfully passed in both houses of the legislature and chaptered in September of 2016 after being signed by Governor Brown; and WHEREAS, According to the California Department of Justice, Assembly Bill No. 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to another state that, after June 26, 2015, has enacted a law that eliminates protections against discrimination on th e basis of sexual orientation, gender identity, or gender expression; and
WHEREAS, the City of Richmond should commit to a similar policy in order to continue to show commitment to antidiscrimin ation and represent the values of equity and acceptance.
NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council stands in solidarity and support of the LGBTIQQ commun ity in Richmond and across the country, and against the institutionalization of discriminatory laws across the country; and BE IT FURTHER RESOLVED that the Richmond City C ouncil supports the policies of the state of California established in Assembly Bill No. 1887 “State government:
discrimination: travel.”; and
BE IT FURTHER RESOLVED that the City of Rich mond, in concurrence with California Government Code § 11139.8, hereby adopt s the following policy prohibiting any city agency, department, board, or commission from requiring any city employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that:
(1) has the effect of voiding or repealing existing state or loca l protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; or 743
744
745
746
747
748
749
750
751
752
3230 MACDONALD AVENUE, RICHMOND, CALIFORNIA 94804 Phone: (510) 620-6793 Fax: (510) 620-6583 Memo
COMMUNITY SERVICES DEPARTMENT
RECREATION AND NEIGHBORHOOD SERVICES DIVISION
TO: Shasa Curl, City Manager
THRU: LaShonda White, Deputy City Manager
FROM: Ranjana Maharaj, Deputy Director for Community Services-Recreation SUBJECT: Request for Out of State Travel to Texas
DATE: September 2, 2023
For your review and approval, please see the requests for out of state travel for staff to attend the National Recreation and Parks Association conference to be held on October 9 through October 12, 2023, in Dallas, Texas. We are seeking approval for the below mentioned staff to attend this conference:
Ranjana Maharaj
Tetteh Kisseh
Jene Levine-Snipes
Hope Lattell
In 2022, Community Services-Recreation applied for and received grant funds in the amount of $90,000 from the National Recreation and Parks Association (NRPA) for the implementation of the project, Parks as Community Wellness Hubs programs. In accordance with the National Recreation and Parks Association grant requirement listed on page 2 D. of the Memorandum of Understanding executed between the National Recreation and Parks Association and the City of Richmond, staff are required to attend one virtual and one in-person training in July/August of 2022 and October of 2023. Staff have been meeting virtually with the National Recreation and Parks Association grantors on a regular basis and have met the requirement for the virtual meeting. We are now seeking approval to attend the in-person conference and meeting in October 2023 to comply with the requirement to attend the in-person meeting. Funding for this training for all attendees is provided by the grant.
The National Recreation and Parks Association Conference will give City staff a unique opportunity to network with industry peers from across the country to exchange ideas, insights, best practices, and solutions to incorporate into the City of Richmond’s recreational programs.
Additional benefits of attending this educational event include:
Hundreds of educational and training sessions on recreation programs 753
2 Networking opportunities with professional peers in similar roles across the country
Opportunities to seek grant fund information and application process Continuing Professional Education (CPE) credits
Collaborating with NRPA to conduct community needs assessment and community engagement activities
Engaging in training and technical assistance opportunities Learning to promote and advance health equity strategies in recreation and parks through systems change approaches
Thank you in advance for your approval for staff to attend this conference. 754
City of Richmond
Administrative Manual
REQUEST FOR TRAVEL/TRAINING
(Please refer to Travel Expense Policy & Procedure AP 508 and/or Training Policy AP 309) AP 508-2 Rev 11/19/15
__________________
NAME OF EMPLOYEE DATE OF REQUEST
__________________
CURRENT CLASSIFICATION DEPARTMENT
A. PURPOSE OF TRAVEL/TRAINING:
Please attach a copy of the event brochure, informational flyer, or webpage printout
DATE(S) FOR EVENT (CONFERENCE, TRAINING, SEMINAR, ETC.): First day: to end date:
If ap
plicable, travel date(s) to: Return: from event.
ANTICIPATED PRODUCTIVITY:
B. ESTIMATED COST: MEALS: REGISTRATION: HOTEL: OTHER:
EX
PLAIN OTHER: TRAVEL (AIR/AUTO): GRAND TOTAL:
By s
igning below, I acknowledge that I fully understand and agree with both Travel Expense Policy and Procedures AP 508 and Training Policy AP 309.
__________________
Employee’s Signature (Board or Commission Member Signature) Date
C. APPROVALS:
Approval for travel/training inside California or Nevada:
__________________
Immediate Supervisor Approval (All) Date
_______ __
Department Director Approval (All) Date
__________________
Finance Director Approval (Mayor/City Council only) Date
__________________
Mayor Approval (City Manager, City Attorney and/or City Clerk only) Date
Approval for travel/training outside of California or Nevada:
__________________
City Manager Approval (All) Date
Approval for travel/training for International Travel
__________________
City Council (All) Date
755
City of Richmond
Administrative Manual
REQUEST FOR TRAVEL/TRAINING
(Please refer to Travel Expense Policy & Procedure AP 508 and/or Training Policy AP 309 ) AP 508-2 Rev 11/19/15
__________________
NAME OF EMPLOYEE DATE OF REQUEST
__________________
CURRENT CLASSIFICATION DEPARTMENT
A. PURPOSE OF TRAVEL/TRAINING:
Please attach a copy of the event brochure, informational flyer, or webpage printout
DATE(S) FOR EVENT (CONFERENCE, TRAINING, SEMINAR, ETC.): First day: to end date:
I
f app
licable, travel date(s) to: Return: from event.
ANTICIPATED PRODUCTIVITY:
B. ESTIMATED COST: MEALS : REGISTRATION: HOTEL: OTHER:
EXP
LAIN OTHER:
TRAVEL (AIR/AUTO):
GRAND TOTAL:
By si
gning below, I acknowledge that I fully understand and agree with both Travel Expense
Policy
and
Procedures AP 508 and Training Policy AP 309
.
__________________
Employee’s Signature (Board or Commission Member Signature) Date
C. APPROVALS:
Approval for travel/training inside California or Nevada:
__________________
Immediate Supervisor Approval (All) Date
_______ __
Department Director Approval (All) Date
__________________
Finance Director Approval (Mayor/City Council only) Date
__________________
Mayor Approval (City Manager, City Attorney and/or City Clerk only) Date
Approval for travel/training outside of California or Nevada:
__________________
City Manager Approval (All) Date
Approval for travel/training for International Travel
__________________
City Council (All) Date
756
City of Richmond
Administrative Manual
REQUEST FOR TRAVEL/TRAINING
(Please refer to Travel Expense Policy & Procedure AP 508 and/or Training Policy AP 309) AP 508-2 Rev 11/19/15
__________________
NAME OF EMPLOYEE DATE OF REQUEST
__________________
CURRENT CLASSIFICATION DEPARTMENT
A. PURPOSE OF TRAVEL/TRAINING:
Please attach a copy of the event brochure, informational flyer, or webpage printout
DATE(S) FOR EVENT (CONFERENCE, TRAINING, SEMINAR, ETC.): First day: to end date:
If ap
plicable, travel date(s) to: Return: from event.
ANTICIPATED PRODUCTIVITY:
B. ESTIMATED COST: MEALS: REGISTRATION: HOTEL: OTHER:
EX
PLAIN OTHER: TRAVEL (AIR/AUTO): GRAND TOTAL:
By s
igning below, I acknowledge that I fully understand and agree with both Travel Expense Policy and Procedures AP 508 and Training Policy AP 309.
__________________
Employee’s Signature (Board or Commission Member Signature) Date
C. APPROVALS:
Approval for travel/training inside California or Nevada:
__________________
Immediate Supervisor Approval (All) Date
_______ __
Department Director Approval (All) Date
__________________
Finance Director Approval (Mayor/City Council only) Date
__________________
Mayor Approval (City Manager, City Attorney and/or City Clerk only) Date
Approval for travel/training outside of California or Nevada:
__________________
City Manager Approval (All) Date
Approval for travel/training for International Travel
__________________
City Council (All) Date
Jene Levine-Snipes
757
City of Richmond
Administrative Manual
REQUEST FOR TRAVEL/TRAINING
(Please refer to Travel Expense Policy & Procedure AP 508 and/or Training Policy AP 309 ) AP 508-2 Rev 11/19/15
__________________
NAME OF EMPLOYEE DATE OF REQUEST
__________________
CURRENT CLASSIFICATION DEPARTMENT
A. PURPOSE OF TRAVEL/TRAINING:
Please attach a copy of the event brochure, informational flyer, or webpage printout
DATE(S) FOR EVENT (CONFERENCE, TRAINING, SEMINAR, ETC.): First day: to end date:
If ap
plicable, travel date(s) to: Return: from event.
ANTICIPATED PRODUCTIVITY:
B. ESTIMATED COST: MEALS : REGISTRATION: HOTEL: OTHER:
EX
PLAIN OTHER: TRAVEL (AIR/AUTO): GRAND TOTAL:
By s
igning below, I acknowledge that I fully understand and agree with both Travel Expense
Policy
and
Procedures AP 508 and Training Policy AP 309
.
__________________
Employee’s Signature (Board or Commission Member Signature) Date
C. APPROVALS:
Approval for travel/training inside California or Nevada:
__________________
Immediate Supervisor Approval (All) Date
_______ __
Department Director Approval (All) Date
__________________
Finance Director Approval (Mayor/City Council only) Date
__________________
Mayor Approval (City Manager, City Attorney and/or City Clerk only) Date
Approval for travel/training outside of California or Nevada:
__________________
City Manager Approval (All) Date
Approval for travel/training for International Travel
__________________
City Council (All) Date
Hope Lattell
758
Registration Packages
Select an item and click Next or Submit.
Full Package
3 days of Education Sessions (Tues/Wed/Thurs)
NRPA Opening General Session (Tuesday)
Exhibit Hall Daily Admission (Tues/Wed)
NRPA Opening Reception (Tuesday)
NRPA Day 2 General Session (Wednesday)
Virtual Conference Access
$905.00
Selected
Full Package - Young Professional
3 days of Education Sessions (Tues/Wed/Thurs)
NRPA Opening General Session (Tuesday)
Exhibit Hall Daily Admission (Tues/Wed)
NRPA Opening Reception (Tuesday)
NRPA Day 2 General Session (Wednesday)
Virtual Conference Access
$685.00
Select
Full Package - Retired
3 days of Education Sessions (Tues/Wed/Thurs)
NRPA Opening General Session (Tuesday)
Exhibit Hall Daily Admission (Tues/Wed)
NRPA Opening Reception (Tuesday)
$435.00
Select
Official Housing and Registration Provider
759
September 19, 2023
Library and Community Services
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager, Community
Services
Denée Evans, Transportation Services Project Manager
Subject:
Sole-Source Contract with Charleston Mobility, LLC for
Electric Bikeshare Operations
FINANCIAL IMPACT: This project funding is being proposed for approval from the funds set aside via the City Council approved
Resolution for Transformative Communities and the FY
2023-24 Environmental and Community Investment
Agreement (ECIA) Transportation Budget and based on
the First Mile/Last Mile Transportation Strategic Plan
(11785051-400201-2A108).
PREVIOUS COUNCIL
ACTION:
June 4, 2019, July 20, 2021, and August 24, 2022
STATEMENT OF THE
ISSUE:
City Staff is requesting City Council approval to execute a sole-source contract with Charleston Mobility to continue operations for the expansion of the City of Richmond
electric bikeshare program.
RECOMMENDED ACTION:
APPROVE and APPROPRIATE $1,112,553.98 from the
allocated Environmental and Community Investment
Agreement (ECIA) Transportation grant fund to support
the citywide electric bikeshare program expansion, which includes a grant match to perform eBike share duties
related to the Richmond Rising Transformative Climate
Communities Grant; and APPROVE a sole-source
contract with Charleston Mobility LLC for bikeshare
program operations in an amount not to exceed
$2,162,857.18 (includes a five percent or $102,993.20
contingency for unforeseen expenses) and a contract
AGENDA
REPORT
760
September 19, 2023
term commencing September 19, 2023, through
September 19, 2028 – Community Services Department
(LaShonda White/ Denée Evans 510-621-1718).
DISCUSSION:
On July 18, 2018, the City of Richmond and the Metropolitan Transportation Commission (MTC) entered a grant funding agreement in the amount of $1,024,000 to fund the Bike Share Capital Program to plan and to operate a pilot electric bikeshare program with a contract expiration of December 31, 2022. The program was to fund a total of 250 electric bikes located amongst 25 bike hubs within an approved project area.
The goal of the Bike Share Capital Program was to expand bicycle access and use through bike sharing and to facilitate multimodal transportation in connection with transit and other regional bike share operators. The MTC funding was intended to help project sponsors with capital purchases and implementation costs, including outreach.
On June 15, 2020, and after experiencing some supply chain delays, the Richmond Transportation Department (the “Department”) successfully launched the electric bikeshare program.
In mid-June 2022, the bikeshare program accomplished nearly two years of uninterrupted bike share operations. Richmond received recognition as an innovative Micromobility leader, and the Department was preparing to request additional funds or to seek new grant funds to continue the bikeshare program beyond the MTC funding termination date of December 31, 2022. Unfortunately, in early July 2022, national news reports announced that Richmond’s bikeshare contractor, Bolt Mobility, had abruptly ceased operations within several markets leaving behind hundreds of locked bikes and hubs without notice. By mid-July 2022, and despite numerous failed efforts to contact Bolt, Richmond was one of the last markets to experience the lapse in service.
Bolt Mobility left approximately 60 bikes at various hubs throughout the city and defaulted on their local warehouse lease containing over 150 additional bikes (many in various states of disrepair) and hub equipment. After a public article issued by the former Richmond Mayor Butt, the City experienced a surge of local theft of approximately two dozen of the MTC grant-funded bikes that were left behind as well as experienced an additional burglary (which was reported to Richmond Police Department) from both the City Corporation Yard and a temporary City storage location of the recovered bikes.
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September 19, 2023
Costly Emergency Contract Expenses and Program Relaunch Delays
On August 19, 2022, City Council approved an emergency bike share contract with sole-source provider Charleston Mobility who was committed to salvage the remaining eBike equipment and the ability to relaunch the program within a matter of months. The emergency eBike share plan was to accomplish several tasks related to fulfilling the bikeshare duties (Attachment 1) including the Richmond Rising Transformative Climate Communities Grant (TCC) commitments and relaunching the program. but limiting the total assets deployed to a maximum of 100 bikes to allow time to stabilize, repair, engage in growth plans, and measure the outcomes and effectiveness of the previous program.
Unfortunately, the bikeshare relaunch objectives have been impacted by a series of actions that were required to address the legal implications of the defaulted Bolt contract and to return the bike equipment to the City. Meanwhile several months of accrued expenses, and unforeseen equipment replacement costs has resulted in the fully expended emergency bikeshare contract amount of $345,000, and as of June 30, 2023, the expiration of that initial contract with Charleston Mobility.
There were monthly expenses to maintain the reprogrammed monthly network service subscription fees, bike insurance coverage, and funds were used to reconcile the several months of defaulted and unpaid Bolt warehouse lease fees. Additionally, the emergency funds were used to repair the bikes that the City was able to retrieve from the city bike hubs and to purchase batteries to operate the bikes.
However, another expense arised when the repaired bikes, replacement batteries, and new bikes were stored in two separate City property locations and both sites were targeted resulting in two incidents of theft of the new bikes, refurbished bikes, replacement parts, and batteries.
It is important to note that Charleston Mobility, LLC is not the cause nor are they responsible for the program relaunch delays. Despite the delays, Charleston Mobility continued to work on back-office relaunch tasks, equipment inventory documentation, bike rebranding, and replacement, and participated in numerous planning meetings for the TCC grant bikeshare implementation.
Electric Bikeshare Update
As of early June 2023, all the abandoned warehouse bikes have been accounted for and have been rebranded, repainted, and/or repaired as needed for the relaunch. The bikeshare APP has been updated and reprogrammed to accommodate the rates for both the citywide eBikeshare program and the TCC grant project area. While waiting for legal clearance to relaunch, Charleston Mobility has been meeting with Transportation and the project partners to update the TCC grant program budget, update bikeshare roles and responsibilities, and to finalize the project area eBikeshare service plan.
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September 19, 2023
Utilizing the previous site assessments and community feedback remains the focus of the relaunch, as well as the deployment of the rebranded equipment to most of the previously successful bike hubs scheduled for a soft launch in October 2023. The launch will be followed by conducting additional community outreach and/or surveys to determine desired locations for new bike hub locations throughout the city.
Justification for Bikeshare Contract and Additional Fund Support
Additional services and related bikeshare activities are on hold as a result of the expiration of the emergency eBikeshare contract. The City and Charleston Mobility must have an executed service contract and receive approval from the Richmond City Council for additional funds to provide all eBikeshare related tasks for the next five years. This contract term will allow Charleston Mobility to fulfill the citywide expansion and TCC related tasks during the term of the grant as well as to ensure uninterrupted electric bikeshare service while Transportation staff and Charleston Mobility staff seek additional funds to sustain the program. It is anticipated that the eBikeshare program can be relaunched within six weeks or late October 2023 after contract execution.
Listed below is the proposed five-year budget overview for the eBikeshare program, which explains the funds and actions needed to operate a successful program.
Transportation staff are only requesting City Council approval to use ECIA funds to support the program.
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September 19, 2023
Income Sources 5 Year Projections City of Richmond
ECIA Grant $ 1,000,000.00
ECIA Grant Match - TCC $ 112,553.98 Subtotal $ 1,112,553.98
TCC Grant
Planning $ 15,000.00
Outreach $ 170,600.00
Security $ 50,000.00
Hardware $ 212,550.00
Design and Installation $ 60,000.00 Maintenance $ 439,160.00
TCC Grant Subtotal $ 947,310.00
Sponsorship $ 630,000.00
Additional Grants $ 2,475,000.00
Projected Ridership
Revenue $ 220,941.70
Total Project Budget $ 5,385,805.68
Prior Transportation staff grant management experience and award success will be applied to ensure the success of the bikeshare program. Transportation staff intends to follow the success of the Richmond Moves shuttle program example to proactively seek funding opportunities to sustain eBikeshare in Richmond and within the region. The Richmond Transportation Department to date, has been awarded over seven million dollars from multiple funding agencies to ensure shuttle expansion and operations well beyond the initial grant term. Richmond was granted one million dollars of state funds (seed money) to create and to support two years of operational expenses for its first electric shuttle program with the requirement to seek additional funds to sustain the program beyond the grant term. With the funded shuttle expansion plans underway, it is fair to say that Richmond Moves has taken root.
Potential Municipal Collaborations and Hub Sponsorships
The City of Richmond has actively been in discussions with Charleston Mobility, as well as San Pablo and El Cerrito to seek future joint grant opportunities to collaborate on 764
September 19, 2023
leveraging Richmond’s eBikeshare program for expansion into their respective jurisdictions.
BART and the University of Berkeley Field Station have also expressed a strong interest in bike hub sponsorship as a first mile last mile transportation amenity for students and employees.
In conclusion, Transportation staff seeks City Council approval to appropriate a total of $1,112,553.98 from the allocated ECIA Transportation grant fund to support the citywide electric bikeshare program expansion, which includes a grant match in the amount of $112,553.98 (Attachment 4) to perform bikeshare duties related to the Richmond Rising Transformative Climate Communities Grant. Transportation staff also requests approval of a contract with Charleston Mobility, LLC for bikeshare program operations in an amount not to exceed $2,162,857.18 (includes a five percent or $102,993.20 contingency for unforeseen expenses) for a contract term commencing September 19, 2023, through September 19, 2028.
DOCUMENTS ATTACHED:
Attachment 1 – Charleston Mobility Emergency Bike Share Contract Attachment 2 – Charleston Mobility Bike Share Expansion Contract Attachment 3 – Resolution Transformative Climate Communities Grant Attachment 4 – Richmond Rising City of Richmond in-kind Leveraging Funding Commitment
Attachment 5 – Sole Source Form
765
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.
Charleston Mobility, LLC
433 Bishop Street, Suite B1
Atlanta, GA 30318
15552
Transportation Denée Evans
[email protected]
(510) 621-1718
Electric Bike share operations
DAVID TOUWSMA
(404) 229-9889
[email protected]
40063371
August 18, 2023
Deleware LLC
August 24, 2022
June 30, 2023
345,000
✔
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 766
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title:
By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B
y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B
y :
B
y : T
i t l e :
City Attorney
Date Signed:
(NOTE:
Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan
Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
David Touwsma
Managing Partner
8/23/2022
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 MayoryMayor
767
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:
Charleston Mobility,LLC
See the attached Scope of Work
Transportation Services
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 768
Charleston Mobility, LLC • 433 Bishop Street, Suite B1 • Atlanta, GA 30318
EXHIBIT A
SCOPE OF WORK
Implement a phased approach which maximizes quick call to action (within 30 days) and minimizes expenditures while we stabilize and plan for additional phases to achieve the city vision for the program. This first phase is focused on a 6-month horizon.
Emergency Pilot Plan
The objective is to re-launch bikeshare and limit the total assets deployed to a max of 100. The number of bikes that are deployed during this pilot phase and the payment to the vendor is contingent upon a number of factors including but not limited to the City of Richmond gaining legal access to existing electric bikes and available funding. This will allow time to stabilize, repair, engage in growth plans and measure performance.
Tasks (to include or expand upon the following):
Work with the Transportation Division to set a schedule for bike deployment, to reinstate bike share and to fulfill other active and pending grant funded shared mobility hub bike share commitments:
1. Review existing approved bike hub sites to determine optimal quantity of bikes per location based on historic data and new data obtained from re-launch.
2. Full analysis of entire existing fleet including recovered/abandoned bikes. Assess conditions and repair/replace parts as required.
3. Reprogram firmware/software to operate bikes.
4. Address security issues by updating the ability for prior operators to access through bluetooth code change and securing against battery/bike theft.
5. Rebrand assets to remove Bolt/Gotcha
6. Enhance Local Operations:
a. Hire a local operations team to maintain fleet at proper battery level minimums (below 20% needs replacement)
b. Rebalance bikes to optimize ridership and provide value-added service c. Implement safety and cleanliness protocol/requirements for fleet d. Provide outreach and rider education
e. Increase bike monitoring to reduce vandalism and theft
7. Conduct mid-term program evaluation with Transportation Services and prepare Phase 2 program growth plan.
8. Work diligently on grant funding that would allow for the full funding and expansion of the bike share program Phase 2.
Additional activities included during the Emergency Pilot:
Planning:
- Re-evaluate Hub Locations
- Assess Condition of Existing Bikes
- Set up Hubs, Zones, Parking, Exclusions in backend dashboard and app - General planning for relaunch
- Mid-term program assessment
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 769
Charleston Mobility, LLC • 433 Bishop Street, Suite B1 • Atlanta, GA 30318 Platform:
- Market and Operational Oversight
- Customer Service
- Rebranding
- Firmware Updates for IoT, Display, Battery, etc.
- Access to Spare Parts / Vehicles
- Access to Training / Repair Manuals
- Data Reporting
Maintenance/Operations:
- Rebalancing of Assets
- Repairs focused on Fleet Health
- Recharging of Batteries / Vehicles
- Community Outreach
Software/SIM:
- Consumer App (Leap Branded)
- Mechanic App
- Backend Dashboard
- 24x7 Cellular Connectivity
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 770
Charleston Mobility, LLC • 433 Bishop Street, Suite B1 • Atlanta, GA 30318 BUDGET
Contractor shall submit monthly invoices outlining the work performed and hours worked within each Project Category. Payment is contingent upon worked performed, access to required infrastructure and equipment, and submission of agreed upon deliverables as outlined in the Scope of Work. Based on the initial assessment and if agreed upon by both parties, the budget can be amended to best meet the needs of the program without exceeding the approved contract limit of $345,000. A bicycle acquisition contingency is included in the amount of $160,000 and will only be used, pending approval by the City, if needed.
Operational Program Costs
Project Category Comments Item
Budget
Total Budget for
Phase
Planning Re-launch assessment
and growth assessment
$10,000.00 $10,000.00
Platform *See details in the
Scope of Work section
$7,500.00 $45,000.00
Maintenance/Operations * Operational Lead (20
hours/week @ $20/hour)
* Lead Mechanic (20
hours/week @ $20/hour)
* Rebalance/Recharging
Labor (20 hours/week @
$17/hour)
$5,000.00 $30,000.00
Software/SIM $15/device/month for 6
months
$1,500.00 $9,000.00
Warehouse/Insurance Per month for 6 months $6,000.00 $36,000.00 Program Sub-Total $130,000.00
Capital Equipment Costs
Bike Acquisition
Contingency
$1600 @ 100 $160,000.00 $160,000.00
Batteries/Parts $300/battery @ 150 $45,000.00 $45,000.00 Estimate of Misc. Parts $10,000.00 $10,000.00
Capital Sub-Total $215,000.00
TOTAL $345,000.00
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 771
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Denée Evans Depar tment: Transportation PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
Charleston Mobility, LLC
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 772
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- Transportation Department
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
David Touwsma
433 Bishop Street, Suite B1
Atlanta, GA 30318
[email protected]
Denée Evans
Charleston Mobility, LLC
440 Civic Center Plaza
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 773
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 hav
e 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 expres
s 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, DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 774
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable int ellectual 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.
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 775
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expens
e, furnish all facilities and
equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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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 peri od 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 DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 777
General Conditions/EJ/TE 01-19-11 5 of 13
any necess
ary 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, Ci
ty 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 at
torney'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 DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 779
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misc onduct 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 DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 780
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContrac
tor'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, ordinanc
es, 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 DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 781
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-exclus
ivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 782
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 regulat
ions 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 DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 784
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 pr
ovisions 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 financ
ed 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 Cont
ractor an opportunity to cure errors and omission
which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 786
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):
Charleston Mobility, LLC
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 787
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.
Charleston Mobility, LLC
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 788
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 1 of 3
R
evised: 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. Ins
urance 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 i
ts equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. O
riginal and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 789
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 2 of 3
R
evised: 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, CONT
RACTOR must replace coverage immediately and provide notice to City.
Um
brella/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.
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 790
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 3 of 3
R
evised: 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 br eaches 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.
DocuSign Envelope ID: D2BEFE7F-4260-46AA-81ED-AD9F2B6092D0 791
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Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
(if additional space is needed, include them in a separate page)
CHARLESTON MOBILITY, LLC
DAVID TOUWSMA
433 BISHOP STREET, SUITE B1
ATLANTA
CA
30318
404
229-9889
[email protected]
SEPT 19, 2023- DEC 31, 2026 WITH 2 YR EXT. OPTION
2,162,857
11785051-400201-2A108
X
X
X
Staff is recommending approval to execute a contract with Sole Source Provider (SSP) Charleston Mobility to continue operations for the TCC grant project commitments and expansion of the Richmond electric bikeshare program. This provider was previously approved as a SSP to implement emergency bikeshare services in Aug. 2022. The Charleston Mobility Owners are the developers and sole providers of the bikes and software used by the city.
See the attached letter of sole source justification.
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2 | Page
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
(if additional space is needed, include them in a separate page)
The Contractor had a previous contract which expired on June 30, 2023. 828
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.
Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________
--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)
Finance Director:
APPROVED: ____________________ DATE: ___/___/___
NOT APPROVED: ________________ COMMENTS:
____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
Transportation
Denée Evans, Transportation Services Project Manager
8/30/23
621-1718
9/12/2023
LaShonda White
LaShonda White
Digitally signed by LaShonda White
DN: cn=LaShonda White, o=City of Richmond, ou,
[email protected], c=US
Date: 2023.09.12 10:55:25 -07'00'
Andrea Miller
Digitally signed by Andrea Miller
DN: cn=Andrea Miller, o=City of Richmond,
ou=Finance,
[email protected], c=US
Date: 2023.09.13 09:50:00 -07'00'
9 13 2023
829
September 19, 2023
Department
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Participation in the Collaboration or Innovation Track of the Bloomberg Harvard City Leadership Initiative
FINANCIAL IMPACT: Click or tap here to enter text.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
As part of Mayor Eduardo Martinez’s participation in the Bloomberg Harvard City Leadership Initiative, the
Mayor’s Office has been invited to propose a project that the initiative will help city leadership study and strategize around. In keeping with City Council’s Draft Goals and
Objectives, the proposed project will focus on the Port of Richmond. In addition to Mayor’s staff time, the project requires the participation of other City staff time, which requires City Council approval.
RECOMMENDED ACTION:
APPROVE the participation of City staff in the
Collaboration Track of the Bloomberg Harvard City
Leadership Initiative — Mayor's Office
(Mayor Eduardo Martinez 510-620-6503).
AGENDA
REPORT
830
September 19, 2023
DISCUSSION:
This agenda report aims to familiarize the City Council with Bloomberg Harvard City Leadership Initiative and, more specifically, the participation of the Mayor’s Office and City Manager’s Office in this program. This item also seeks City Council approval for the allocation of staff time to a project centered around the Port of Richmond, as described below, which will be led by Mayor Martinez. In addition, the Mayor and City Manager would like to take full advantage of this opportunity and may engage with City Lab for associated Bloomberg technical assistance resources.
Introduction to the Initiative
The Bloomberg Harvard City Leadership Initiative—a collaboration between Harvard Kennedy School, Harvard Business School, and Bloomberg Philanthropies— is a program designed to provide city officials, mayors, and municipal leaders with the knowledge, skills, and tools to bring about positive change in their cities. By utilizing resources and expertise from Harvard University and Bloomberg Philanthropy, city leaders are trained to more effectively address such complex issues as climate change, public health, economic development, and social equity.
In 2023, Mayor Eduardo Martinez was invited to join the seventh class of this competitive program. To date, the program has trained 275 mayors from 35 countries and across six continents. This global network also facilitates the exchange of ideas and best practices, contributing to the development of more resilient, sustainable, and equitable cities. By participating in this initiative, Mayor Eduardo Martinez will engage in a year of leadership training, workshops, municipal case study discussions, and networking with other global leaders.
Any major travel expenses, such as hotels and flights, are financially covered by the initiative.
Additional Training
In April 2023, Bloomberg Harvard City Leadership Initiative expanded to include leaders overseeing human resources, civic engagement, and economic development in cities with mayors participating in the 2024 cohort. Since the expansion announcement in 2022, these programs have benefited 249 senior leaders from 75 cities globally.
As part of the program, Mayor Martinez has nominated two “Bloomberg Harvard Senior Leaders” on City staff, both of whom demonstrate marked dedication to the City and hold positions that can actualize change in Richmond. The Senior Leaders nominated were Shasa Curl, Richmond's City Manager, and Tony Tamayo, the Mayor’s Deputy Chief of Staff. Their participation also includes a year of leadership training, workshops, municipal case study discussions, and networking with other global leaders.
Their major travel expenses, such as hotels and flights, are covered by the initiative.
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September 19, 2023
Additional Programming
In addition, the initiative invites participating mayors to choose a municipal project to study and develop solutions for, under the organization of three different “Tracks,” or frameworks, with technical support and facilitation from Harvard faculty.
Of the three “tracks” offered to the Class of 2024 (Data, Innovation, and Collaboration), Mayor Martinez has chosen to apply for the Collaboration Track (Attachment 1). This particular subprogram is designed for a city looking to enhance its capacity for collaborative problem-solving and aiming to address a particular issue, whether new or stalled, that necessitates the collaboration of various city departments, jurisdictions, and sectors to achieve meaningful progress. This program also enhances leadership understanding and aims to transfer collaboration skills to other initiatives. Support for cities in this track includes applied learning, virtual classes, and facilitation.
In keeping with the City Council’s Draft Goals and Objectives, Goal 2.2 (Revision Richmond Port as an ecologically responsible revenue generator), the Mayor applied for the Collaboration Track, with the Port of Richmond as the proposed project focus. As detailed in the application (Attachment 2), the Port of Richmond was proposed because:
Despite its centrality and high transport connectivity, the Port of Richmond is an underutilized city asset. Currently, the Port lacks a Strategic Plan, adequate staffing, and a shared community vision.
Nonetheless, the state, developers, and Bureau of Ocean Energy Management characterize Richmond’s Port as a prime location for green energy production and skilled manufacturing jobs. The site also offers enormous tourism potential, with operational ferry service to San Francisco, panoramic views, and numerous historic WWII sites.
The application also requests that the Mayor suggest an alternative project. In keeping with the City Council’s Draft Goals and Objectives, Goal 2.3.a.iii, Mayor Martinez has suggested the revitalization of Richmond’s Historic Downtown as another option for collaborative study.
The Mayor's time commitment for the Collaboration Track is approximately 2 hours per month. The Mayor is also responsible for designating a team of 8 city leaders, including a minimum of four city staff, with at least one being a Bloomberg Harvard Senior Leader. Team members are expected to dedicate approximately 5-7 hours per week to the program, in addition to spending one week in New York City. The bulk of City staff time will be provided by the Mayor’s Office, including the staff time of Senior Leader Deputy Chief of Staff Tony Tamayo, this item seeks the approval of Council in designating city staff time from other departments to this project as necessary to complete the program and associated deliverables.
In addition, the Mayor’s Office has applied to the Innovation Track, if the initiative deems that the two possible projects (the Port of Richmond and Downtown Revitalization) 832
September 19, 2023
would be more appropriate for that framework and approach. The City would ultimately only participate in one of the “tracks.” These applications are being currently assessed, with final assignments to be made in the coming month.
The Mayor’s Office and City Manager’s Office believes that the technical support, academic expertise, networking opportunities, and national attention this participation will bring to the City of Richmond is both worth the investment of staff time and in direct support of City Council’s stated goals.
DOCUMENTS ATTACHED:
Attachment 1 – Class of 2024 Track Descriptions
Attachment 2 – Mayor’s Office Application to the Collaboration Track 833
Class of 2024 Track Offerings at a Glance
Data Track Innovation Track Collaboration Track
Best suited
for…
A city with some systems and capacity to analyze
data, but limited experience in performance
leadership and routinely using data to solve
problems and track operational performance. The
city should have a strong commitment to growing
their data capacity.
A city that is open to trying something new
to tackle a challenging problem, committed
to innovation across city government, and
committed to growing their innovation
capacity.
A city that is interested in strengthening their
collaborative problem-solving skills and
wants to advance a specific problem (new or
stuck) that requires the cooperation of
multiple departments, jurisdictions, and/or
sectors of the city to make progress.
By the end of
the program
you /your city
team will …
• Know how to use data to identify and
understand a problem, and to set measurable
goals and manage toward them.
• Learn how to establish a performance
management routine to monitor and evaluate
progress towards goals.
• Share a consistent language and approach to
using data to inform critical policy and
operations decisions and communicate them.
• Develop greater awareness of what data to
ask for, how to interpret it, and how to use it to
reduce bias and guide progress toward a goal.
• Enhance your understanding of how
leadership affects the conditions for success.
• Identify another problem facing your city to
apply your data knowledge and routines and
to build upon this new approach.
• Develop insights to help you better
understand the primary pain points for
residents interacting with a service.
• Have new ideas to address your selected
problem that you are excited to build out
and implement.
• Complete at least two rounds of
prototype tests of selected ideas.
• Learn how to build broad buy-in for the
implementation of ideas.
• Gain awareness of the enablers of and
the barriers to innovation within city hall
and what to do about them.
• Enhance your understanding of how
leadership affects the conditions for
success.
• Identify another problem facing your city
to which you will apply this process.
• Learn how to define problems, break
them into root causes, identify entry
points, and search for actionable ideas.
• Apply an equity lens to your problem and
learn how to conduct an equity
assessment.
• Conduct four iterations where teams will
test ideas, reflect upon learning, adapt,
and act again.
• Engage with diverse stakeholders and
build buy-in.
• Enhance your understanding of how
leadership affects the conditions for
success.
• Gain skills, key frameworks, and concepts
that can be applied to various strategic
collaborations your city pursues.
• Develop a shared language and approach
to mobilize high-impact collaborations.
Nature of
support
• Virtual sessions with Harvard Faculty
• Team coaching and workshops supported by
the Bloomberg Center for Government
Excellence (GovEx)
• Virtual sessions with Harvard Faculty
• Applied learning of public sector
innovation curriculum, supported by a
dedicated innovation coach
• Virtual and in-person sessions with
Harvard Faculty
• Applied learning to designated problem
and implementation support
834
Data Track Innovation Track Collaboration Track
• Mayoral coaching • Mayoral coaching
• Cross-city network of support
Unique track
offerings
The city team will:
• Participate in regular, biweekly coaching to
apply concepts from the virtual sessions to the
selected problem and meet key milestones
such as developing a data inventory and
selecting key performance indicators that
align with the theory of change
• Create data routines to help address a specific
problem or priority area and be able to apply
these skills to a new priority area.
Mayors will:
• Participate in coaching with former mayors
and data experts
The city team will:
• Participate in regular coaching
workshops with experts to learn and
apply core elements of design-based
innovation to selected problem
• Develop and test a portfolio of innovative
ideas to make progress on city’s selected
problem
Mayors will:
• Participate in kick-off call, coaching with
public sector innovation experts, and
periodic briefings with their city team
The city team will:
• Attend and help organize in-city kick-off
meetings (November-December 2023)
• Attend 12 virtual sessions
• Attend a weeklong, immersive program in
NYC
Mayors will:
• Participate in onboarding call, in-city
meetings and at least three update
meetings with their city team
Required
participants
and
anticipated
time
commitment
Mayor – approx. 2-3 hours per month
Core team of up to 6 city staff – approximately
3-4 hours per week plus at least a couple 1-day
site visits, and
Project Manager – additional 1-3 hrs/wk
Senior Leader Team Lead – additional 1-2 hrs/wk
Performance Lead - additional 2 hrs/month
Senior Subject Matter Expert
Data and Performance Staff
Mayor – approximately 2-3 hours per month
Cross-departmental Core team of 6-12
staff – approximately 5-6 hours per week
plus four 1.5-day site visits, and:
Project Manager – additional 1-3 hrs/wk
Innovation Lead – additional 1-3 hrs/wk
Learning Lead – additional 2 hrs/month
Equity & Community Engagement Lead–
additional 2-3 hrs/month
Mayor - approximately 2 hours per month
Team of 8 City leaders (Designated by the
mayor - Minimum of 4 city staff including 1
Bloomberg Harvard Senior Leader)
Team members – approximately 5-7 hours
per week plus 1 week in New York City
Senior Leader – additional 1 hour/wk
Dates October – Summer 2024 (9 months) October – Summer 2024 (9 months) October – Summer 2024 (9 months) 835
Data Track Overview
What is the Data Track? Are you eager to get a better handle on the root causes of your city’s challenges, yet often make decisions based on gut feeling or anecdote rather than data? Are you setting big strategic goals and then challenged in using data to track progress and make adjustments? As a mayor, you need to know which data are essential and how best to use data to improve outcomes for your residents. Developing data-informed systems and practices and being able to determine which data you need and how to use it can enable you to more effectively and equitably allocate resources, analyze problems, inform decisions, and manage performance.
You will nominate a problem that is important to your agenda. Through leadership training from Harvard faculty, applied technical assistance from data experts at Johns Hopkins University’s Center for Government Excellence (GovEx), and direct coaching from former mayors and data experts, you will:
• Use data to set goals, monitor indicators, evaluate results and identify opportunities to improve performance. You and your team will work with experts and apply learning to tackle your nominated problem. By the end of the program, your city team will know how to articulate and understand problems by using data and will have set short-term and long-term goals that are measurable and linked to progress on your nominated problem. • Establish a performance management routine to monitor and evaluate progress. By the end of the program, your team will have held at least one performance management meeting. They will have established a routine for collecting and analyzing data to better define a problem and to conceptualize and iterate solutions.
• Enhance your understanding of how to use data to make your city more effective, efficient, equitable, and accountable and of how your leadership affects the conditions for success. By the end of the program, you will develop greater awareness of what data to ask for, how to interpret data to probe assumptions, and questions to ask to reduce bias and interrogate progress. You will learn how to diagnose resistance to change, change practices, and advance a culture of data- informed decision-making.
• Communicate about the city’s challenges and opportunities in ways that demonstrate use of data and evidence. By the end of the program, your team will share a consistent language and approach to using data to inform critical policy and operations decisions. • Transfer the learning. By the end of the program, your team will be able to apply learnings to solve another key problem facing your city. City teams commit to this next problem prior to the track’s conclusion.
Which cities will benefit from the Data Track?
Your city will benefit from this support if you are:
• Dissatisfied with how often the city’s leadership team gets back anecdotes or data that hasn’t been analyzed or validated, and you want to ensure conversations and decisions are better rooted in data and evidence.
• Aiming to improve your city’s ability to use the right data to set and monitor measurable targets to achieve its strategic initiatives and to communicate progress and challenges to residents. 836
• Eager to make meaningful progress on one of your most pressing challenges by articulating problems, aligning outcomes, measures, activities, and resources. • Already investing in data infrastructure and governance with some policies or standards for data collection, sharing, and improving quality.
• Able to dedicate 1-2 analysts to collecting, cleaning, and analyzing data related to the mayoral challenge selected for the track
What support will you receive in the Data Track?
You and your team will receive support designed to improve your city’s ability to address your nominated challenge, make actionable and data-informed decisions, and enhance your city’s data infrastructure and performance management capabilities. Support includes:
• Virtual classes: Harvard faculty will introduce you to key concepts that will help you develop the conditions necessary to embrace using data more frequently in problem-solving. Faculty will lead you through highly interactive discussions on your role (as a mayor or senior leader) in modeling and effectively consuming data; how data bias impacts decisions; and how to build performance leadership into your city’s DNA.
• Team Coaching: This tailored support will meet each city’s unique needs and GovEx senior advisors will work with your team to use data and inquiry to better understand the problem, engage stakeholders, set goals, evaluate, and communicate progress, and cultivate a data-informed culture.
• Workshops: Cities will participate in hands-on workshops to activate each learning phase in the track and use tools that bring the concepts from the virtual classes to life. • Dedicated data coach: Sustaining culture change requires strong leadership. A former mayor or leading subject matter expert in the field of data and evidence in cities, will provide one-on-one support to your mayor (or designated senior leader depending on your city’s governance structure) on how to lead this work at scale by reinforcing the leadership lessons from the virtual classes.
Expectations and Commitments
• Engagement from the mayor: Your mayor is essential in empowering your city team and setting expectations for engaged participation including attending the kick-off call, key team engagements, virtual sessions led by Harvard faculty, and meeting with their data coach once every two months.
Mayors should anticipate a commitment of 2-3 hours per month. • Engagement from the senior leader: You will be the bridge between the mayor and the core team and ensure the team’s activities align with the mayor’s expectations and ambitions for how to address the nominated challenge area. You will keep the mayor informed about team-level progress and proactively address barriers to collaboration, data sharing, or team engagement. • Recruitment and engagement of core city team: Your core team will include 5 or 6 city leaders including:
o A project manager will be the primary contact for scheduling and organizing the team. The project manager will also gather and report back on ways that the city has advanced its data practices.
837
o A senior leader who will serve as the team lead and share key updates and ensure alignment with the mayor. Please note that we expect at least one of the Bloomberg Harvard Senior Leaders to participate.
o A performance lead who will implement the processes needed to run a successful performance management meeting. This person holds the relationships with the key stakeholders required to attend the meeting and is well-positioned to support the mayor in running the meetings (and will follow up before and after each meeting). A senior leader is a likely performance lead, but others can be nominated for this role as well. o A senior subject matter expert who possesses in-depth knowledge of the operational aspects of the problem that you and your team nominate. o A data or performance analyst (at least one) who will provide data-analytic capacity. • Time commitment from team members: Project teams should fully participate in routine calls, complete tasks agreed upon by the city team and drive the learning throughout their respective organizations and departments. Team members commit to 3-4 hours per week.
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Innovation Track Overview
What is the Innovation Track? As a mayor, you are asked to design and deliver the points of interaction for residents seeking critical services from local government – whether it be accessing food stamps, applying for a business license, or navigating city recycling processes. This has never been more true than in the last few years, as you led your city during a complex pandemic and resident demands on local government services have only increased. You have been asked to balance providing immediate services while also reimagining and redefining your government and city, making them more effective, legitimate, and human. Through the innovation track, your city team will receive instruction and hands-on coaching from experts to help you develop innovative solutions to improve a specific service interaction between your city and the community and to help you develop quick wins that help you demonstrate how innovative ways of working can improve the ways government serves community. Throughout the Track, your team will also receive support to think about how to leverage what you’re learning to build plans to scale innovative ways of working across your city hall to both other specific service interactions and more complex challenges facing your city.
You will learn creative problem-solving approaches that have been proven to help cities with their toughest internal and external challenges. We will help you learn and apply these new approaches by selecting a specific resident-facing service interaction to improve within your city. By working collaboratively within city hall, with external city stakeholders, and with residents to identify and test ideas that have lasting impact to reduce the pain points of an existing resident facing service, you will:
• Cultivate a deep understanding of the selected problem by engaging stakeholders and residents most impacted by the problem, building trust, and promoting collaborative relationships. By the end of the program, through in-depth design research, you will have developed a set of insights that help you better understand the primary pain points residents face when interacting with your selected problem.
• Build a portfolio of ideas grounded in a richer understanding of the problem by working with residents most impacted by the issue to brainstorm and co-design a portfolio of ideas that will generate lasting impact. By the end of the program, your city will have a portfolio of ideas to address your selected problem that you are excited to build out and implement. • Build prototypes of solutions and test them with impacted residents to document actionable learnings that improve your ideas. By the end of the program, your city will have completed at least two rounds of prototype tests.
• Build broad buy in for your ideas and start identifying the support necessary to turn them into reality. By the end of the program, your city will have communicated a commitment to implement one or more of the ideas from your portfolio that will have a demonstrable impact for residents. • Carry forward this new way of working and apply these new skills to another city problem. By the end of the program, your city’s staff will have identified another problem facing your city to which you will apply this process.
• Enhance your understanding of how your leadership affects the conditions for success. By the end of the program, you will gain awareness of the enablers of and the barriers to innovation within city hall, tools to empower staff, questions to spur progress and promote agility, and how you might structure the organization for innovation.
839
Which cities will benefit from the Innovation Track?
Your city will benefit from this support if you are:
• Willing to take a new approach to an existing service challenge. If you have an existing service that city provides where you know there are pain points for residents and are open to trying something new to generate impact for your city, then you are an ideal match for this program. • Committed to building innovation into city hall. If your city wants to grow innovation efforts more broadly across city government, then you are an ideal candidate for this work. While the program will focus on one problem, your city will work as a cross-matrixed project team throughout this track and team members and mayors will receive specific coaching on how to incubate and sustain innovation practices from the ‘top down’ and ‘bottom up’ across city hall. • Either currently have or plan to add dedicated staff for innovation. Your city is well-suited for this work if you have made a commitment to growing your innovation capacity with dedicated innovation staff. For example, if your city just hired a Chief Innovation Officer (or equivalent) who is tasked with solving problems in the city or building an innovation team.
What support will you receive in the Innovation Track?
You receive comprehensive support from Bloomberg Philanthropies, Harvard University, Bloomberg Center for Public Innovation at Johns Hopkins University, and the implementation partner, the Centre for Public Impact, designed to help you develop new ideas to address your chosen problem while cultivating innovation skills among city staff.
• World-class, tailored public sector innovation curriculum: Expert designers deliver regular interactive webinars focused on breaking down the core elements of design-based innovation into specific skills. You also receive access to a content library with recordings of all instructional lessons for ongoing use.
• Dedicated innovation coach: Each city will have a designated innovation coach who will lead virtual coaching workshops where they help core teams apply design thinking and other innovative approaches to their problems through state-of-the-art innovation curriculum and project-based learning. The coach will conduct four in-person site visits at critical program moments, including a kick-off site visit in November 2023.
• Virtual classes: Harvard faculty will lead remote sessions on where and how to deploy approaches to innovation to try new things, address uncertainty, and manage risk, and how to overcome barriers to building innovation in your city and creating organizations that can learn. • Mayoral coaching: Mayors participating in the Innovation track will receive a series of coaching sessions with innovation experts on scaling and championing innovation in your city. • Network of support: Cities will have access to virtual cross-city collaboration platforms that foster a support network with other cities in the program. Together, you will share knowledge, lessons learned, and support with this wider network of cities that are also using innovation techniques.
Expectations and Commitments
• Engagement from the mayor: Empower and support the core city team (6-12 city hall staff) and set expectations for engaged participation among team members. Attend the kick-off call and periodic briefings to learn about program progress and innovation opportunities in your city. Attend virtual 840
sessions led by Harvard faculty. At a minimum, the mayor will need to spend 2-3 hours per month on the track engaged in related work.
• Recruitment and engagement of core team: Recruit, set expectations with, and regularly engage 6-12 of the city’s top creative minds to participate in this work, across all levels of the organization. They will attend regularly scheduled coaching touchpoints to learn and apply the innovation curriculum. Core teams should have diverse representation, including senior leadership roles in the administration, those who work closely with residents, SMEs on the specific service you choose to tackle, and those who might be considered ‘up and coming’ talent in related departments. We will help you identify the right size and mix of team members based on the service you choose to improve.
• Time commitment from team: Project teams should be prepared to fully participate in calls with expert coaches and complete tasks agreed upon by the city team and their coach. Team members will also work to drive the learning throughout their teams and departments. Team members should be able to commit to an average of roughly 5-6 hours per week for the duration of the track. • Team roles: Each city will be asked to appoint multiple team leads, including a project manager and innovation lead, who supports the team in building and scaling innovation capacity beyond the program. These team leads will be asked to commit an additional 1-3 hours per week to the program, but this may vary in intensity throughout the program.
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Collaboration Track Overview
What is the Collaboration Track? Is your city facing a complex issue that requires the involvement, know-how, and heft of a cross-sector team to tackle? Do you need to build alignment for the initiative across the interests of your constituents, your internal government departments, and an ecosystem of nonprofit and for-profit organizations? Do you feel like the effort is somehow mired down under its own weight? Mayors are charged with solving many of the most pressing problems that our cities face. Often, these challenges have been festering for decades as rather narrow interventions have failed to make a difference - and all for good reason. These problems are hard to solve, and they require the working together of disparate groups with competing interests and unrelated priorities.
In this track, your city hall will strengthen its ability to harness the talents, resources, and energy of diverse stakeholders working across sectors, jurisdictions, and agencies to solve complex problems. You will apply collaboration skills to a priority issue or opportunity while also building the know-how to extend these skills to other priorities.
Through workshops, programming, and coaching, you will:
• Apply the learning to a current collaboration. A cross-boundary, multi-organizational team from your city will advance a mayoral priority. The team will make progress in establishing a shared definition of the problem and of success, engaging diverse stakeholders and building buy-in, applying an equity lens to the problem, establishing roles, and forming an agreed-upon plan of action to achieve goals. Through conducting four iterations, teams will test ideas, reflect upon learning, adapt, and act again. By the end of the program, your city will have made progress, whether in preparation or in acting, on the key issue that was nominated for the program.
• Gain skills, key frameworks, and concepts that can be applied to various strategic collaborations you pursue. The team will learn how to define problems, break them into root causes, identify entry points, and search for actionable ideas. By the end of the program, your team will have a concrete set of tools with which to enter their next cross-boundary initiative.
• Develop a shared language and approach to mobilize high-impact collaborations. By the end of the program, the team will have gained both a systems approach and the field experience to balance capacity, support, and purpose to make progress on an initiative. In addition, the team will have bonded and gained confidence in their ability to orchestrate a cross-sector team to create impact.
• Enhance your understanding of how your leadership affects the conditions for success. By the end of the program, you will gain awareness of the role you can play as an authorizer in enabling success and of other key enablers of and barriers to collaboration.
• Transfer the learning to other future collaborations. The city’s senior leadership will seek to spread collaboration know-how to other collaborations in the city. By the end of the program, you will be prepared to apply collaboration strategies to other issues requiring cross-boundary collaboration.
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Which cities will benefit from the Collaboration Track? Your city will benefit if you:
• Are currently grappling with a high-priority issue or opportunity that you are working to solve through a collaboration, but you sense that the team is stuck or making progress slower than expected. • Are working to make progress on issues or opportunities that require you to harness insights, expertise, and resources across sectors, jurisdictions, and government agencies. • Find it challenging to get a diverse group to work together to make progress on an issue, particularly when that group includes organizations beyond your direct control.
What support will you receive in the Collaboration Track? Cities receive comprehensive support designed to foster greater collaborative capacity while advancing a priority initiative. Support includes:
• Applied learning: A team of leaders from your city will work on a priority problem or opportunity via:
o Classes and working sessions: A five-day convening in New York City will feature classes to build skills for collaboration and working sessions to make progress on the priority issue your city selects. Participants and the focus issue of the track will be chosen in consultation with the Bloomberg Harvard City Leadership Initiative to ensure that participation in the track helps advance progress on the priority as well as transfer learnings to other city priorities.
o Facilitated onsite sessions: Working sessions with an extended team to take place in your city to help define the problem and inform the collaboration’s next steps. • Virtual classes: Harvard faculty and experts will lead 12 virtual sessions on problem exploration and iterative action with a team of eight city leaders on the selected issue to be addressed in the program.
• Support: Faculty and staff facilitators will work with each team as they advance the selected issue, work to become effective collaborators, identify and build support for effective solutions, and aim to transfer learning across multiple collaborations.
Expectations and Commitments
• Recruitment of team by mayor: Assist in recruiting a core team of 8 city leaders made up of a minimum of 4 city staff including one Bloomberg Harvard Senior Leader who would commit to being part of the collaboration team for the duration of the program.
• Engagement from the mayor: Empower and support the core team of eight city leaders and set expectations for engaged participation. Participate in onboarding session and regular update meetings with the core team. Attend a portion of both the in-city kick-off meeting and final meeting.
Lend support and encouragement to the team as the critical authorizer. At a minimum, the mayor will commit 2-3 hours per month for the duration of the track.
• Time commitment from the team: The core team of eight should have the time, resources and authority needed to fully participate in the program. They will commit on average 4-6 hours per week for the duration of the track. This team will also travel to New York City for five days in Spring 2024. The team will be asked to share ongoing updates with the mayor. 843
Track Application Timeline and Assessment Criteria
Immediately following the senior leaders’ program, you will receive a separate online application to apply to the three tracks.
Applications will be assessed on the following criteria:
• Nominated problem and opportunity for impact
• Existing or planned dedicated capacity for the work
• Excitement for and commitment to developing the capability
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BloombergHarvardLeadershipInitiativeClassof 2024:CollaborationTrackApplication I. Problemandopportunityfor impact
Q1. Pleasedescribeatop-priorityproblemthat youproposetoworkoninthetrack. Besuretodescribehowyouknowit isaproblemandhowit isconnectedtothemayoral priorities.
Despiteitscentralityandhightransportconnectivity,thePortofRichmondisanunderutilizedcityasset.Currently,thePortlacksaStrategicPlan,adequatestaffing,andasharedcommunityvision.
Nonetheless,thestate,developers,andBureauofOceanEnergyManagementcharacterizeRichmond’sPortasaprimelocationforgreenenergyproductionandskilledmanufacturingjobs.Thesitealsooffersenormoustourismpotential,withoperational ferryservicetoSanFrancisco,panoramicviews,andnumeroushistoricWWIIsites.
Mymayoral prioritiesstronglycenteralocal Green-BlueNewDeal andJustTransitionfromfossil fuels.RevitalizingRichmond’sPortalignsperfectlywiththismission.
Q2. List thepeopleandorganizationsneededtosolvetheproblem(Thismayincludecitydepartments/officials, nonprofit organizations, commercial enterprises, foundations, impactedparties, etc. whoarecurrentlyparticipatingor shouldparticipateinthecollaboration).
Mayor’sOfficeCityManager’sOfficeCommunityDevelopmentCityAttorney’sOffice(asneeded)CommunityServices,Employment&TrainingContraCostaLaborCouncilInternational LongshoremanWorkersUnionUnitedTeachersofRichmondCaliforniaAssociationofPortAuthorities(CAPA)DevelopersInfrastructureAdvisorsSanFranciscoBayConservationandDevelopmentCommission(BCDC)CaliforniaStateLandsCommissionCaliforniaCoastal CommissionCaliforniaEnergyCommissionPublicPrivatePartnershipsState’sEconomicGoBizOfficeSustainableFreightandSupplyChainDevelopmentBayAreaAirQualityManagementDistrict 845
CaliforniaAirResourceBoardArmyCorpsofEngineersNational ParkServiceDepartmentofToxicSubstanceControlCongressmanGaramendi’sOffice Q3. Explainhowequityfactorsintotheproblem/project. For example, howwill youaccount fordiversity, equity, inclusion, andaccessibilityintermsof personsengagedandoutcomesachievedinthecommunity.
Richmondistrulyafrontlinecommunity,experiencingthe“firstandworst”consequencesofclimatechangeandtheeffectsofheavilypollutingindustries.Nearly80%ofresidentsarepeopleofcolorand25%livebelowthefederal povertylevel.Residentsalsocontendwithdisproportionatelyhighratesofcardiovasculardisease,cancer,andasthma.
TheChevronrefineryisthecity’slargestemployer,andourGeneral Funddependsheavilyonrefineryrevenue.Portrevitalizationmeansdiversifyingourcity’seconomy,particularlyviagreenmanufacturingandtourism;high-roadunionwork;cleanerairforBayAreachildren;andsignificantcontributiontotheState’sClimateActionPlan.
Q4. Haveyoutriedtosolvethisproblembefore?Aretherelessonslearnedthat weshouldbeawareof? MyassessmentisthattheCityhasnevertriedto“solve”thisproblem,buthasratherfocusedonstaunchingthebleeding—i.e.,makingsurethehistoricaspectsofthespacedonotfall intodisrepair,orthatsomeincomeisbeingderivedfromtheinfrastructure.
TheprimarylessonofthePortisonethatappliestomuchofRichmond’seconomicdevelopment.Asaworkingclasscity,wearesometimesstill miredinthesensethatRichmonddoesn’tdeservebetter.ButIbelievewearereadytoraiseourstandardsfordevelopmentandinfrastructureevenhigher.
Q5. Describewhat asolvedproblemlooksliketoyou.
Atrulysolvedproblemgrowsfromawell-definedprocess.Thatprocessentailsthoroughresearchandanalysistounderstandtherootcausesoftheproblem.Stakeholdersthencollaborateonacomprehensivesolutionthatcapturesdiverseperspectivesandneeds.
Thisprocessmustbefollowedbyactual implementationofeffectiveinitiativesthataddresstheissueinasustainablemanner.Theseinitiativesshould,inturn,showmeasurableimprovementsthatarecommunicatedclearlyandtransparently.Mostimportantly,asolvedproblemincitygovernmentcontributestotheoverall well-beingandqualityoflifeforresidentsandreinforcestheCityCouncil’sreputationasaresponsivegoverningbody. 846
Q6. Pleasedescribeasecondproject that couldbeconsideredasanalternativeoptionasafocusfor thistrack.
LikemanyMainStreets,Richmond’sdowntownwasdecimatedbytheshoppingmall boomofthelate20thcentury.Furtherissuesincludedsuburbanization,publicsafetyconcerns,anddecreasedfoodtraffic.Thesefactorsperpetuatedanegativecycleofdisinvestmentanddecreasedappeal.However,withstrategicplanningandcommunityinvolvement,IbelieveRichmond'sdowntowncanregainitsvitality.
OurdowntownisalsosituatedinourmostworkingclassandhistoricallyAfricanAmericanandLatinxneighborhoods,whereinresidentshavefacedoverpolicing,highpollution,andlimitedretail andrecreation.Prioritizingthisareawouldhelprectifysomeeconomicandracial harmsinourCity.
II. Capacityfor thework
Q7. Tobesuccessful inthecollaborationtrack, teamswill needtomakeacommitment totheproject. Pleasechecktheboxesbelowtoconfirmyour city'sabilitytomakethefollowingcommitments:
TheMayorwill identifyacoreteamofeightcityleaders,consistingofaminimumoffourcitystaffandincludingoneBloombergHarvardSeniorLeader,whowill committobeingpartofthecollaborationteamforthedurationoftheprogram. Theteamofeightwill havesufficienttimetocommit,onaverage,fourtosixhoursperweekforthedurationofthetrackandwill travel toNewYorkCityforfivedaysinSpring2024. Themayorwill makeher/himselfavailabletomeetwiththeteamforregularprojectupdatesfromtheteam. Thecitywill activelyspreadthenewcollaborationskillsinyourcitybothduringthetrackandbeyondbysharingtoolswithadditional staffmembersandapplyingthetoolstoothercollaborationsinthefuture. Q8. WhichBloombergHarvardSenior Leader areyounominatingtobepart of thetrackteamandwhy?TheBloombergHarvardSenior Leader will serveasacrucial linktotheMayor andensurethat communicationandalignment betweentheMayor andteamremainintact andwillspendapproximately6-8hoursaweekduringtheprogram.
IamnominatingbothSeniorLeaderstojointhecoreteamofthisproject.ShasaCurl,Richmond’sCityManager,hasanoutstandingtrackrecordmanagingcomplex,massiveprojects.Herhistorical knowledgeofthecityiswide-ranging,andthiscollaborativeprojectwillundoubtedlystrengthenourworkingrelationship. 847
TonyTamayo,myDeputyChiefofStaff,bringstwoessential qualitiestothisproject.Hisrobustcommunicationsskillsetiscrucial inpromotingourPort.Hehasapenchantfornavigatingdifficultrelationshipswithmultiplestakeholdergroups,andthistrackoffersanopportunitytobothusehiscollaborativetalentsanddevelopthemfurther.
III. Excitement for andcommitment todevelopingthecapability Q9. Whyiscross-boundarycollaboration(i.e., workingacrosssectors, jurisdictions, agencies, oracombination) askill that your cityisinterestedinbuildingat thistime? TheRichmondCityCouncil andCitystaffarenationallyrecognizedfordevelopingpromisingpracticesrelatedtoviolencepreventionandHealthinAll Policies.TheMayorseekstoleveragethisstrongfoundationofcollaborationto "ReimagineRosietheRiveter"(asignificantlegacyinRichmond)bydevelopinganinnovativeStrategicPlanforthePortofRichmond.Moreover,manyofthechallengesRichmondcontendswith—sealevel rise,developmentwithoutdisplacement,affordablehousingandpublicsafety—crosssectoral andjurisdictionalboundaries.Bysharinginformationandresourcesacrosssectorsandagencies,Richmondcanbothoptimizeresourceallocationandavoidduplicationofefforts. 848