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: / Ex
piration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit.
City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations.
Contractor shall provide those services and carry out
that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations.
City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions.
This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions.
This Contract is subject to the Insurance Provisions
(Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project # and Name: 5 - Basins of Relations Strategy: Water Efficiency Lead Entity: Urban Tilth
Project Description: The Basins of Relations (BoR) Watersheds training program expansion will offer grey water and laundry to landscape systems design and installation by outreaching to 300 homes and enrolling 120 homes while offering 3 training programs to local young people interested in pursuing green careers. It will also mobilize these skills by employing these young people and our Watersheds team to design and install grey water and laundry to landscape systems for FREE for low-income homeowners in our project area.
Operations & Maintenance Plan: During the grant term, Urban Tilth will offer limited warranty and repairs on all systems installed at project sites. The extent of warranty and maintenance will be determined as a part of project development during the first year of the project. Urban Tilth’s Watersheds team will be responsible for operations and maintenance during the grant term, as funded by TCC.
Urban Tilth will seek additional funds for this project to continue the program and cover ongoing operations and maintenance.
Maintenance responsibilities will transfer fully to the property owner after 3 years unless funding is secured for Urban Tilth’s Watershed team to continue to offer maintenance services. Certain equipment used in this project will have a 5–10-year life cycle and will need basic regular maintenance.
Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (implementation) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Readiness and Program Development
A: Hire WTS Water Conservation
Project Manager specializing in
leading the design and installation
of grey water and laundry to
landscape systems
A: Job Description
Grant Execution -
August 2024 $21,944.00 $18,992.00
B: Research similar water
conservation training programs to
ensure our program uses best
B: Final report outlining research
findings
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
practices in the design, operations
and training of staff
C: Update Basins of Relations
program curriculum to include grey
water and laundry-to-landscape
systems design and installation
C: 1) Updated program
curriculum
2) Training program schedule
D: 1) Create program outreach
plan and materials: a) training
program, and b) homeowners; and
conduct design review meeting for
feedback and finalize program
outreach materials. 2) Create
template homeowner participant
agreements/contracts.
Readiness Condition
D: 1) Completed program
outreach plan and materials
(pdfs or other digital media)
2) Template homeowner
participant agreements/contracts
Task 2: Water Conservation Training Program Implementation A: Recruit Training Program
participants (BoR=8
apprentices/cohort, 30-40
participants total)
A: 1) Outreach materials
2) Participant registration lists
Project Completion
Period $438,709.20 $1,008.00
B: Conduct 3 Training Programs
for recruited participants (8
apprentices)
B: Summary of training
(including but not limited to
program schedules, photos)
C: Support 10 program graduates
in receiving professional
certification in greywater
installation or water-efficient
landscape design. Support
enrollment and matriculation
C: Proof of enrollment
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
through one-on-one check-ins with
each interested apprentice.
D: Complete 3 annual program
evaluations for years 1, 3, and 5
D: Annual Final Program
Reports, including evaluation
results and recommendations
Task 3: Project Installation
A: Outreach to 300 homeowners
interested in installing drought
tolerant landscaping, drip
irrigation, water catchment and/or
laundry to landscape greywater
systems
A: 1) Outreach logs
2) Outreach materials
Project Completion
Period $869,672.80 $0 B: Enroll 120 homeowners in the program
B: Bimonthly log of signed
contracts
C: Complete designs for 120
homes for drought tolerant
landscaping, drip irrigation, water
catchment and/or laundry to
landscape systems
C:1) Summary report of design
documents 2) Sample design
documents from one or more
representative sites
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
D: Install in 120 homes drought
tolerant landscaping, drip
irrigation, water catchment and/or
laundry to landscape greywater
systems for low-income
homeowners within the TCC
project area
D:1) Bimonthly summary reports
of household progress that
period, including but not limited
to: address, method of
contact/intake, date of
assessment, date of installation,
number and type of measures,
and cost per measure
2) Final summary table that logs
all participating residents, dates
installed, and total measures
installed
E: Assess water conservation
potential and realized impact of
each project and collectively for all
completed projects
E: Bimonthly and annual
assessment reports
Task 4: Project Assessment and Grant Administration
A: Invoicing and reporting;
including metrics and project
management
A: 1) Bimonthly progress reports
and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations as
needed
Project Completion
Period $70,260.48 $0
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
B: 1) Annual Indicator Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
C: Monthly check in meetings with
project team to ensure that team is
collecting assessment data and
progressing in alignment with
project timeline
C: Status reports and updated
logs of program data per
reporting period
D: Ensure project data collection
of program participants, locations,
demographics, water conservation
achieved, native or tree plants
serviced, drip conversions, total
system installed, total number of
trainings, apprentices trained,
retention of conceptual material
with a pre/posttest, and installation
success rates.
D: Quarterly, annual, and final
quantitative and qualitative
reports
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $140,058.65 $0
Lead Entity Indirect Costs
Indirect costs consistent with the
TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.
Project Completion
Period $140,058.65 $0
Project Total $1,680,703.78 $20,000.00
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project # and Name: 7 - ADA Accessible Garden Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: The ADA Accessible Garden Project increases access for local seniors or those with mobility challenges to actively participate in edible and pollinator gardens along the Richmond Greenway and access healthy foods. The garden design includes beds to be worked from a seated position so all users can actively participate in seeding, planting, and harvesting, creates new pathways and enlarges existing ones for safe maneuvering, offer seating with support rails, shade trees, an accessible water fountain and signage.
Operations & Maintenance Plan: Urban Tilth will maintain this garden in perpetuity, along with other gardens in their portfolio of work. Urban Tilth will continue to secure foundation support for Richmond Greenway, including the ADA Accessible Garden.
Urban Tilth will research and create new relationships with philanthropists interested in improving the quality of life of very low- income seniors and disabled residents.
Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Readiness
A: Create outreach plan to engage with
seniors and those with disabilities to
provide feedback on design elements
of accessible garden
A: Final outreach plan and
timeline
Grant Execution -
August 2024 $96,620.00 $54,234.00 B: Gather community feedback on at least 3 design iterations during, 1) at
least 3 community design sessions,
and 2) at least 3 focus groups
conducted with local seniors and
disabled residents who would be the
B: Report of feedback on
design iterations including
justification of final design
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
intended primary users of the new ADA
accessible garden
C: Complete final design and
conceptual master plan. Host final
design unveiling celebration
C: 1) Final conceptual design
2) Event outreach materials,
photos, and summary of
event
D: Create planting plans through focus
groups and community design sessions
for edible, pollinator, native and
perennial beds
D: Community planting plans
for year 1 and 2
E: Create project development and
construction schedule, and operation
and maintenance plan
Readiness Condition
E: 1) Construction schedule
2) Operations and
Maintenance plan
3) Letter of Commitment for
ongoing maintenance
F: Prepare construction documents and
obtain necessary permits
Readiness Condition
F: 1) Final design and
construction documents 2)
Final permits
Task 2: Construction
A: Bid and construct project
A: As built construction
drawings, photos of
completed project
January 2024 -
2025 $603,100.00 $83,234.00
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Task 3: Project Completion & Grand Opening
A: Host Community Build and Planting
Day and Garden Grand Opening
Celebration
A: Event summaries and
photos
2025 - Project
Completion $67,045.00 $2,394.00
B: Update Operations Plan B: Updated Operations Plan
C: Design and launch ADA garden
community engagement programming
plan by identifying 4 key events hosted
at the garden
C: 1) Community
Engagement Program Plan
2) Calendar of Events
3) Photos of events
4) Summary report of first
year of programming
Task 4: Grant Administration
A: Invoicing and reporting; including
metrics and project management
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations
as needed Project Completion
Period $36,990.00 $630
B: Indicator Reports and Evaluation
Data for Evaluation Technical
Assistance Provider
B: 1) Annual Indicator
Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information
Requests
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $70,913.50 $0
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Lead Entity Indirect Costs
Indirect costs consistent with
the TCC guidelines and grant
agreement, at a rate
approved under this grant
agreement.
Project Completion
Period $80,375.50 $0
Project Total $955,044.00 $140,492.00
Project # and Name: 8 - Orchard for ALL! Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: This project will establish a distributed fruit tree orchard throughout the TCC project area by expanding an existing annual FREE Fruit Tree Giveaway to 400 trees per year (2000 trees total) and training and employing youth ages 16-24 via the Gleaners Program to both care for the trees and harvest and redistribute hundreds, perhaps, thousands of pounds of fruit to families in need through Urban Tilth's FREE farm stands and FREE CSA programs.
Operations & Maintenance Plan: Urban Tilth will be responsible for the operations and maintenance of the Gleaner’s Program before and after the grant term. Urban Tilth's long-term plan is to support this effort through revenue generated from Veggie RX prescription income resulting from participating in Contra Costa County’s Medi-Cal covered veggie box prescriptions. Urban Tilth is working to complete authorization to become a prescription provider and establish relationships with area clinics so that many of our box recipients can have their vegetable prescriptions covered by their County health insurance. Urban Tilth will continue to pursue grant funding to make sure access to healthy whole foods is available to those most in need while this new ongoing source of health-related funding comes online. In order to launch this project, Urban Tilth will use TCC grant funds but anticipate shortly thereafter securing foundation funds and possibly a partnership with Richmond YouthWORKS to make this project more financially resilient beyond the TCC grant term.
Reimbursement Conditions: Grantee will not be reimbursed for Task 4 (implementation) until all readiness deliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC Grant Manager.
Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Program Development
and Readiness
A: Hire and train program staff A: Job Descriptions
Subtask A - F:
Grant Execution -
August 2024
$72,428.00 $0
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Research similar arborist
training programs to ensure best
practices in design, operations
and training of staff.
B: Report outlining research
findings
Subtask G: Project
Completion Period
C: Update Gleaners program
operations (including enrollment
processes) and outreach plan for
the Gleaners Program and create
program evaluation plan
Readiness Condition
C: 1) Gleaners program
operations, outreach and
evaluations plans
2) Sample homeowner
agreement
D: Research and/or develop an
app/platform to host and organize
community gleaning program
D: Documentation of
completed app or contract
with app/platform
E: Work with partners to design
and create Gleaners training
program curriculum
E: Gleaners program
curriculum
F: Develop Orchard for ALL!
program operations and
maintenance plan including Fruit
Tree Giveaway, Cleaners
Training, and Gleaners Program
Readiness Condition
F: Orchard for ALL!
operations and
maintenance plan
G: Research potential ongoing
funding sources and youth
employment partners who may
help continue the program after
TCC grant term
G: Annual Summary of
potential program funders
and partners
Task 2: Annual Fruit Tree Giveaway
A: Create outreach plan and
materials to recruit annual fruit
tree giveaway recipients
A: Outreach plan and
supporting materials for
annual fruit tree giveaway
recipients
Subtask A: Grant
Execution - August
2024
$235,686.20 $27,360.00
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Prepare and coordinate (5)
annual fruit tree giveaways.
Source trees, deliver trees, host
event, and distribute 400 fruit
trees per year to local families.
Annual Fruit tree giveaway
reports, including (but not
limited to):
1) Outreach conducted
(overview of methods,
materials, dates/locations,
and potential contacts
identified)
2) Event summaries
(date/time/location, list of
tree recipients, number of
attendees, summary of
outcomes)
3) Event materials
(curriculum, handouts)
4) Event publicity materials
(announcements, photos
from key events)
5) Evaluation summary and
recommendations for
program improvement
Subtask B-E:
Project Completion
Period
C: Conduct outreach for annual
fruit tree giveaways and intake of
eligible residents within project
area. Target outreach 1000
households and identify 400
interested households, per year.
D: Complete (5) annual project
giveaway reports including
evaluation and recommendations
for program improvement.
E: Develop and distribute (23)
Richmond Fruit Tree Lovers Fruit
Tree Care Newsletters
E: Documentation of
newsletter (pdf, link,
screenshot, etc.)
Task 3: Gleaners Training
Program Coordination
A: Recruit 40 youth ages 16-24
into Gleaners training program
over the course of grant term
A: Annual log of recruitment
outreach materials and
participant registration lists
Project Completion
Period $87,429.15 $0
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Plan, operate, and evaluate (4)
6-week Gleaners Training
Programs
B: Annual Gleaners
Training Program summary
reports including (but not
limited to):
1) Completed trainings
summary including but not
limited to program
schedules, photos,
completion certificates
2) Evaluation summary and
recommendations for
program improvement
Task 4: Gleaners Program Implementation
A: Hire Gleaners Training
Program graduates and train as
year around Gleaners Program
staff (4-8 positions per year)
A: Annual hiring summary
including (but not limited to):
1) number of Gleaners
Training program graduates
hired
2) summary of trainings
Project Completion
Period $536,928.00 $0
B: Conduct outreach and recruit
2,000 Richmond Fruit Tree
owners to participate in Gleaners
Program
B-C: Bimonthly summary
reports for that period
including (but not limited to):
1) signed Gleaners program
participant/homeowner
agreement contracts and
outreach methods
2) documentation of active
gleaning sites
3) log of tree type and tree
health notes
4) log of totals lbs. of fruit
harvested and distributed
5) photos
C: Launch, coordinate, and
operate Gleaners Program
through ongoing communication
and site visits with fruit tree
homeowners and Gleaners Team
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
D: Conduct and complete (4)
annual program reports, including
program evaluations and
participant permit compliance
tracking
D: Annual Gleaners
Program summary reports
including (but not limited to):
1) evaluation summary
2) participant permit
tracking sheet
3) log of total lbs. of annual
fruit harvest and distribution
Task 5: Project Assessment and
Grant Administration
A: Invoicing and reporting;
including metrics and project
management
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
Project Completion
Period $41,040.00 $0
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
B: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
C: Monthly check in meetings with
project team to ensure that team
is collecting assessment data and
progressing in alignment with
project timeline
C: Status reports and
updated logs of program
data per reporting period
D: Entire project data collection of
program participants, locations,
demographics, types of fruit trees
serviced, gleaning staff trained,
pounds of fruit harvested and
distributed.
D: Quarterly, annual and
final quantitative and
qualitative reports
Equipment (entire project) N/A Project Completion
Period $0 $0
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Contingency 10% Contingency Project Completion
Period $97,351.14 $0
Lead Entity Indirect Costs
Indirect costs consistent
with the TCC guidelines and
grant agreement, at a rate
approved under this grant
agreement.
Project Completion
Period $97,351.14 $0
Project Total $1,168,213.63 $27,360.00
Project # and Name: 9 - Veggie RX Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: Veggie RX will expand the pilot program managed by Urban Tilth and anchored at LifeLong Medical Center which prescribes fresh fruits and vegetables as preventative and restorative medicine by; 1) increasing enrollment, 2) developing a train the trainer's program to teach new LifeLong Residents and Community Health Workers about non-inflammatory and climate- friendly diets, and 3) by offering Climate Friendly Diet workshops and events known as Health Education and Training (HEAT) at community hubs throughout the project area.
Operations & Maintenance Plan: Utilizing the expertise from the established pilot veggie box program at the Jenkins Clinic, Urban Tilth will gather as a staff at the Strategic Annual Retreat with staff and doctors from LifeLong Medical and design an operations and maintenance plan for the Veggie RX program that responds to community input, program experience, and current conditions. This plan will be responsive to unique site, organizational, and community factors.
Reimbursement Conditions: Grantee will not be reimbursed for Task 1, 2, 3B-C, 4D (implementation) until all readiness deliverables within Task 3, 4, 5 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Veggie RX Program Implementation
A: Procure sustainably grown
produce from farmers within a
100-mile radius of project area,
Harvest, Wash, Pack, Distribute
and Deliver 200+ vegetable box
prescriptions per week to
enrolled Lifelong patients
A: Bi-monthly reporting
including (but not limited to):
1) Weekly bills of lading
2) Annual Distribution Log
(total number of boxes and
total lbs. of produce
distributed)
3) Annual procurement report
(outlining partner farms, lbs.
of produce procured from
each farmer, farming
practices and location, food
miles)
Project Completion
Period $813,750.00 $84,000.00
Task 2: Health Education and Training (HEAT) Program Coordination & Implementation A: Conduct HEAT Medical Visit:
group cooking, nutrition and
chronic disease management
classes promoting culturally
relevant healthy eating for
people with chronic health
problems. Participation includes
8 Groups (8 people /group) per
year (4 English, 4 Spanish).
Each group meets an hour a
week for 6 weeks. Total 64
people per year.
A: HEAT Medical Visit Annual
Summary Report including
(but not limited to):
1) program participants
2) photos
3) program objectives and
outcomes
Project Completion
Period $427,500.00 $0
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Enroll attendees in CalAim,
the Medical funded Veggie RX
prescription program, for
participants to continue to
receive vegetable boxes after
completing the program, 64
participants per year.
B: HEAT Medical Visit
Quarterly Summary Report
including (but not limited to):
1) list of bi-monthly enrollment
C: Make HEAT syllabus open
source for other health-farm
partnerships can access and
use the model
C: Completed open-source
syllabus
Task 3: Train the Trainers Program Development & Implementation A: Design in-person and online
curriculum for 16-hour Train the
Trainers program. Create self-
paced online course materials
to complement in-person
training
Readiness Condition
A: Train the Trainers Final
Summary Report including
(but not limited to):
1) curriculum
2) documentation of
completed online course
materials Subtask A: Grant
Execution - August 2024
Subtask B - C: Project
Completion Period
$902,310.00 $0 B: Recruit 60 Community
Health Conductors for 2 training
sessions per year
B: Train the Trainers Semi-
Annual Summary Report
including photos of each
training session
C: Conduct two annual Health
Conductor 16 hour training
programs for Community Health
Conductors and six Lifelong
Medical Clinic residents. This
includes 8 hours of in-person
C: Train the Trainers Semi-
Annual Summary Report with
60 people trained per year
and detail on methods of
recruitment, outreach, and
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
training and 8 hours of
asynchronous online learning.
training program
implementation
Task 4: Promote Climate Friendly Diet
A: Develop bilingual and
culturally relevant community
workshop materials connecting
food choice to climate and
human health impacts
Readiness Condition
A-C: Final Climate Friendly
Diet Summary Report
including (but not limited to):
1) completed designs for full
set of outreach materials
2) completed year one recipe
book (designed and laid out)
3) documentation of
completed website.
Subtask A - C: Grant
Execution - August
2024
Subtask D: Project
Completion Period
$272,360.00 $66,000.00
B: Develop bilingual recipe
book of culturally relevant
climate friendly diet meals and
update with improved or new
recipes annually
C: Develop bilingual web page
to promote and host resources
supporting the Climate Friendly
Eating Program
D: Conduct 48-60 bilingual
climate friendly diet workshops,
cooking demos and veggie bag
giveaways at key community
gathering places and/or for key
community stakeholders and
organizations
D: Bimonthly Climate Friendly
Diet Summary Report
including (but not limited to):
1) number of workshops
completed
2) locations and population
served
3) photos from events
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
4) pre- and post-surveys from
participants
Task 5: Program Management and Grant Administration
A: Develop operations and
maintenance plan
Readiness Condition
A: Completed operations and
maintenance plan
Subtask A - B: Grant
Execution - August 2024
Subtask C - I: Project
Completion Period
$283,140.00 $25,000.00
B: Establish site control by
updating existing MOU with
Lifelong and Urban Tilth
Readiness Condition
B: Updated MOU
C: Pre and post surveys of
HEAT group participants to
assess changes in knowledge
and behavior related to healthy
eating
C-G: Annual Report and
implementation of changes
based on HEAT, Train the
Trainers, and Climate Friendly
Diet feedback
D: Pre and post training
assessments of Health
Conductors to assess impact of
training.
E: Follow-up interviews with
Health Conductors to track how
they use their training including
career path, trainings that they
conduct.
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
F: Pre and post surveys of
Climate Friendly Diet
participants to assess changes
in knowledge and behavior
related to healthy eating
G: Conduct annual Veggie RX
program participant box survey
H: Invoicing and reporting;
including metrics and project
management
H: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations
as needed
I: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
I: 1) Annual Indicator Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $269,906.00 $0
Lead Entity Indirect Costs
Indirect costs consistent with
the TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.
Project Completion
Period $269,906.00 $0
Project Total $3,238,872.00 $175,000.00
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
SPECIAL TERMS AND CONDITIONS
Part 2 – Project-Specific Terms and Conditions
1. Water Efficiency
Continuing Applicant Eligibility
i. Grantee shall ensure that urban or agricultural water suppliers comply with all applicable state laws, including the Water Code section 10608 and any applicable laws and regulations. Documentation of compliance should be available for review by the State according to the audit provisions of this Agreement.
ii. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat.
Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.)
All Water Efficiency-Related Project Types
i. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
ii. Water Efficiency projects may be invoiced using itemized rate justification that is reviewed and approved by the TCC Grant Manager prior to invoicing, or based on itemized invoices of actual costs incurred.
Water-Energy Projects
i. All installed water efficiency measures must be replacements of inefficient appliances, eligible per these Guidelines, and certified EnergyStar or equivalent as applicable.
Turf Replacement Projects
i. C onverted landscapes may only include low water use, drought-tolerant, or California native plants. The Water Use Classification of Landscape Species list (https://ucanr.edu/sites/WUCOLS/) or local plant lists may be used to make this selection.
a. The foregoing notwithstanding, converted landscape may also include food- producing trees (excluding palms), shrubs, vines, and perennial plants. b. At least one tree, existing or new, must be incorporated into the converted landscape.
c. Live or synthetic turfgrass is not allowed in the converted landscape d. Plants listed on the California Invasive Plant Council inventory at time of landscape conversion may not be installed.
ii. Irrigation systems must be water efficient and may be either drip irrigation, micro-spray irrigation, or hand watering.
iii. Exposed soil surfaces must be covered with mulch. Mulch includes organic material, rock, or decomposed granite. Decomposed granite must be limited to 25% or less of the surface area.
iv. Hardscape and permeability requirements:
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
a. Impervious decks or patios are not allowed as part of the converted landscape. b. Structures such as outbuildings or sheds are not allowed as part of the footage of the converted landscape.
c. Paving stones, pavers, and brick patios are permitted, but must be filled with loose sand. No concrete or impermeable grouting may be used to affix the pavers in place.
2. Health and Well-Being
Food Access
Grantee shall ensure that for Projects with food access elements such as urban agriculture, community gardens, school gardens, community kitchens, food hubs, community grocery stores, food co-operatives, scattered healthy food distribution methods or agricultural and healthy food education opportunities:
i. Lead Entity must conduct project site due diligence to adhere to best management practices for:
a. Researching any proposed site’s history and potential range of contaminants (e.g., lead or other heavy metals) and/or other hazards present; b. Determining any potential risk to human health based on potential range of contaminants and/or other hazards present;
c. Determining appropriate methods for site testing, clean-up, and exposure- management, as applicable; and
d. Providing documentation of public education regarding potential range of contaminants and/or other hazards present on site, and methods employed to minimize public exposure.
e. For additional resources, refer to the University of California, Agriculture and Natural Resources Urban Agriculture website:
https://ucanr.edu/sites/UrbanAg/Production/Soils/Soil_Contaminants_and_Soil_Te sting/
ii. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic pesticides, pest management, and fertilizers (e.g., compost, manure) may be used.
iii. Lead Entity must develop a clear site management protocol that includes, but is not limited to:
a. A statement of purpose and description of the site
b. A map of garden plots and green space
c. Management structure and decision-making processes
d. Process for determining the use of the site such as, but not limited to:
(i) Identifying and selecting participants for garden plots and equitably distributing plots when demand is greater than supply.
(ii) Length of participation for garden participants
(iii) Reservation of community space for classes or gatherings e. Code of conduct and general rules
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
f. Procedures if participants are not in compliance with code of conduct and/or general rules
iv. Management protocol must be made accessible to the public in multiple formats (e.g., online, electronic copies, paper copies, etc.) and languages, as requested by the community.
v. Project must include an on-site sign that includes hours of operation and contact information, in addition to other signage requirements consistent with Section 52.
Publicity.
vi. Project must ensure food purchased, provided, or made available is healthy. This includes increasing access to fresh, healthy, locally sourced fruit and vegetables, as well as other healthy products.
vii. Project must develop nutrition standards in their programming, which includes but is not limited to the following activities:
a. Assessing the environment in relation to nutrition standards and/or client impact. b. Implementing nutrition standards in programming (in the form of new or strengthened policy and/or system changes) for food and beverages served, sold, or distributed in a variety of settings including meals, snacks, vending, distribution, nutrition assistance, or other sales. The guidelines should support balanced eating patterns and healthy body weight, address California SNAP-Ed Goals, and be consistent with the Dietary Guidelines for Americans (refer to the California Department of Public Health website:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/NEOPB/Pages/HelpfulLinks. aspx for additional resources).
Parks, Open Space, and Recreation Access
For Projects with park, open space, or recreation access components such as green space, picnic areas, playground, or park exercise equipment; and for Projects with tree or vegetation planting components:
i. The Regional Urban Forester must approve the species list and map of tree planting area prior to beginning work.
ii. Any tree planting within the project must adhere to the CAL FIRE Standards and Specifications for Purchasing, Planting, and Maintaining Trees, and Required Management Activities Practices, see Attachment D-7, unless otherwise approved by SGC. This includes the establishment and adherence to a detailed long-term operations and maintenance plan. Trees requiring replacement per CAL FIRE must be made at the Lead Entity’s cost.
iii. If the project includes habitat restoration or landscaping, the plant palette must exclude the use of invasive plants listed in the California Invasive Plants Inventory, available at http://cal-ipc.org/plants/inventory
, and include native, low-water, drought-resistant, and climate appropriate vegetation.
iv. If the project includes landscaping, project shall be consistent, as applicable, with the Department of Water Resources’ Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7), available at
https://water.ca.gov/Programs/Water-Use-And-
Efficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient-Landscape-Ordinance
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
v. The planting location of trees and vegetation must be strategically selected to avoid removal due to any planned future construction.
vi. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic fertilizers (e.g., compost, manure) may be used.
vii. Projects may not include root barriers, decorative tree grates, or decorative tree guards.
viii. Project may not include inefficient irrigation valves, pumps, sprinkler control timers, or over costly and elaborate irrigation systems.
ix. Projects that require tree removal or replacement must result in a net positive number of trees. Only the net number of trees may be quantified for GHG emission reduction quantification.
x. If trees funded by this grant are removed for any reason, they must be replaced at the Lead Entity’s cost in such a way that is consistent with this agreement. xi. Lead Entity must provide care for all trees and plants (including replacement) during an establishment period of a minimum of three (3) years after planting.
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
SPECIAL TERMS AND CONDITIONS
PART 1 – Transformative Requirements
1. Workforce Development and Economic Opportunities
Grantee will establish goals for workforce training, employment, and local business expansion for the TCC Project Area;
Grantee will ensure workforce development components are designed to address local residents’ and stakeholders’ needs;
Grantee will conduct or oversee workforce development and economic opportunities activities for the entirety of the TCC Project;
Grantee will report to SGC on workforce development and economic opportunities related activities; and
Grantee will ensure all Workforce Development costs are for eligible job training programs per Section II.E of the TCC Guidelines.
Part 2 – Project-Specific Terms and Conditions
Grantee certifies that it will ensure that the Lead Entity of each Project adheres to the following requirements.
2. Solar Installation, Energy Efficiency and Appliance Electrification Single-Family Residences
i. Single-family homes occupied by property owners are eligible for energy efficiency and Solar Photovoltaic (PV) installations. Single-family homes occupied by tenants are eligible for only energy efficiency installations.
ii. Lead Entity must have single-family property owners certify that they will not raise the rent of any property with energy efficiency and/or Solar PV installations for a period of two (2) years from the date of installation because of the increased value of the unit due solely to the installations provided (allowable factors for rent increase can include an actual increase in property taxes, actual cost of amortizing other improvements to the property accomplished after the date of work completed by the Partner and/or subcontractor, or actual increases in expenses of maintaining and operating this property). Additionally, the property owner must acknowledge and agree that the property is not for sale at the time of qualifying for the installations and will not be offered for sale or otherwise distributed or is not in foreclosure for at least sixty (60) calendar days following the completion of the installations. iii. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
iv. The following types of buildings will not be eligible for installations:
a. Buildings requiring significant environmental review, any mitigation, including mitigation of fire hazards or electrification and/or environmental decontamination triggering a deferral as defined in the Deferral Policy section; For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance
.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
^City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PMOR 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 SourceJ-iupplier:
Company Name: Urban Tilth _ Contact Name: Adam Boisvert Address: 323 Brookside Drive
City: Richmond _ State: ^A_Zip Code: 94801
Phone Number (510 ) 232-0911 E-Mail [email protected] Duration of Contract: AU9ust 23, 2023 - December 31, 2028 Estimated Cost: $ $ 7,042,833.41 Funding Source (Account String)_m6^066^40020^16G09_ Is the product/service IT related? Yes_No x _ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_ No x For Product: Does the manufacturer sell the item(s) through distributors? Yes_ No x 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) Urban Tilth will be the lead on four key Richmond Rising project components - Basins of Relations, ADA Accessible Garden, Orchard for ALL!, and Veggie RX. The various tasks and scope are attached for each project.
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.
Urban Tilth was specified as a Co-applicant in the City's Richmond Rising project submitted and awarded a TCC implementation grant. They are a Project Lead for four of the nine Richmond Rising project components. See attached Award Letter and Richmond Rising Project Summary. (if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
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_oi^seryicejs_ available from more than_one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (twoor mQrelsQurces, A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware I_I 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) 2 I 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.
Community Development
Title: Lina Velasco, Director of Community Development
Note: Requester must be able to defend this justification.
Date: September 6, 2023 Phone: 510-620-6706
Department Director (Print) Una veiasco _ (Sign) ^J^^^^^' Date:s8ptsmber6.2023 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
Oi^all/iigmd byAndrti Vltft
o":s:And" """• °=Qty Brndv"on;l-
DATE: / / ^. Andrea Mi Her ESH."^^'
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 mcluded 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. 3 I Page
Project # and Name: 5 - Basins of RelationsIStrategy: Water Efficiency Lead Entity: Urban Tilth
'reject Description: The Basins of Relations (BoR) Watersheds training program expansion will offer grey water and laundry to landscape systems design and installation by outreaching to 300 homes and enrolling 120 homes while offering 3 training programs to local young people interested in pursuing green careers. It will also mobilize these skills by employing these young people and our ^Watersheds team to design and install grey water and laundry to landscape systems for FREE for low-income homeowners in our Iproject area.
Operations & Maintenance Plan: During the grant term, Urban Tilth will offer limited warranty and repairs on all systems installed at project sites. The extent of warranty and maintenance will be determined as a part of project development during the first year of the Iproject. Urban Tilth's Watersheds team will be responsible for operations and maintenance during the grant term, as funded by TCC. |Urban Tilth will seek additional funds for this project to continue the program and cover ongoing operations and maintenance. [Maintenance responsibilities will transfer fully to the property owner after 3 years unless funding is secured for Urban Tilth's Watershed team to continue to offer maintenance services. Certain equipment used in this project will have a 5-10-year life cycle and will need |basic regular maintenance.
[Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (implementation) until all readiness deliverables within Task 1 |are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
Fask)eliverable(s)
Fask 1: Readiness and Program Development
<\: Hire WTS Water Conservation
=>roject Manager specializing in
eading the design and installation
sf grey water and laundry to
andscape systems
3: Research similar water
conservation training programs to
snsure our program uses best
\: Job Description
3: Final report outlining research
indings
Hmeline
Grant Execution -
August 2024
Srant Funds [Leverage Funds
$21,944.00$18,992.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
3ractices in the design, operations
and training of staff
;: Update Basins of Relations
3rogram curriculum to include grey|
/vater and laundry-to-landscape
systems design and installation
3: 1) Create program outreach
3lan and materials: a) training
3rogram, and b) homeowners; and]
conduct design review meeting for
:eedback and finalize program
outreach materials. 2) Create
:emplate homeowner participant
agreements/contracts.
;: 1) Updated program
;urriculum
') Training program schedule
readiness Condition
): 1) Completed program
lutreach plan and materials
pdfs or other digital media)
!) Template homeowner
)articipant agreements/contracts
Fask 2: Water Conservation Training Program Implementation \: Recruit Training Program
sarticipants (BoR=8
apprentices/cohort, 30-40
sarticipants total)
3: Conduct 3 Training Programs
:or recruited participants (8
apprentices)
^: Support 10 program graduates
n receiving professional
certification in greywater
nstallation or water-efficient
andscape design. Support
snrollment and matriculation
\: 1) Outreach materials
') Participant registration lists
3: Summary of training
including but not limited to
irogram schedules, photos)
;: Proof of enrollment
Project Completion
Period $438,709.20 $1,008.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
hrough one-on-one check-ins with |
;ach interested apprentice.
V. Complete 3 annual program
ivaluations for years 1, 3, and 5
V. Annual Final Program
Reports, including evaluation
•esults and recommendations
Fask 3: Project Installation
\: Outreach to 300 homeowners
nterested in installing drought
olerant landscaping, drip
rrigation, water catchment and/or
aundry to landscape greywater
systems
3: Enroll 120 homeowners in the
program
;: Complete designs for 120
lomes for drought tolerant
andscaping, drip irrigation, water
catchment and/or laundry to
andscape systems
\: 1) Outreach logs
2) Outreach materials
3: Bimonthly log of signed
contracts
3:1) Summary report of design
jocuments 2) Sample design
documents from one or more
'epresentative sites
Project Completion
Period$869,672.80$0
EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES
PageS
V. Install in 120 homes drought
;olerant landscaping, drip
rrigation, water catchment and/or
aundry to landscape greywater
systems for low-income
lomeowners within the TCC
project area
:: Assess water conservation
3otential and realized impact of
3ach project and collectively for all
completed projects
):1) Bimonthly summary reports
if household progress that
>eriod, including but not limited
D: address, method of
;ontact/intake, date of
issessment, date of installation,
lumber and type of measures,
ind cost per measure
') Final summary table that logs
ill participating residents, dates
nstalled, and total measures
nstalled
;: Bimonthly and annual
issessment reports
Fask 4: Project Assessment and Grant Administration
\: Invoicing and reporting;
ncluding metrics and project
nanagement
3: Indicator Reports and
Evaluation Data for Evaluation
rechnical Assistance Provider
^: 1) Bimonthly progress reports
md invoicing
>) Final report highlighting
)roject metrics
i) Regular GHG calculations as
leeded
3: 1) Annual Indicator Reports
0 Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
Project Completion
Period $70,260.48 $0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
;: Monthly check in meetings with
project team to ensure that team is|
;ollecting assessment data and
irogressing in alignment with
project timeline
V. Ensure project data collection
)f program participants, locations,
iemographics, water conservation
achieved, native or tree plants
ierviced, drip conversions, total
iystem installed, total number of
rainings, apprentices trained,
•etention of conceptual material
ft/ith a pre/posttest, and installation |
success rates.
Equipment (entire project)
contingency
.ead Entity Indirect Costs
',: Status reports and updated
)gs of program data per
sporting period
): Quarterly, annual, and final
luantitative and qualitative
sports
J/A
0% Contingency
ndirect costs consistent with the
'CC guidelines and grant
igreement, at a rate approved
inder this grant agreement.
Project Completion
Period
Project Completion
Period
Project Completion
Period
Project Tota
$0
$140,058.65
$140,058.65
$1,680,703.78
$0
$0
$0
$20,000.00
EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES
PageS
project # and Name: 7 - ADA Accessible Garden IStrategy: Health and Well-Being |Lead Entity: Urban Tilth
Project Description: The ADA Accessible Garden Project increases access for local seniors or those with mobility challenges to actively participate in edible and pollinator gardens along the Richmond Greenway and access healthy foods. The garden design Includes beds to be worked from a seated position so all users can actively participate in seeding, planting, and harvesting, creates new pathways and enlarges existing ones for safe maneuvering, offer seating with support rails, shade trees, an accessible water fountain and signage.
pperations & Maintenance Plan: Urban Tilth will maintain this garden in perpetuity, along with other gardens in their portfolio of ^A/ork. Urban Tilth will continue to secure foundation support for Richmond Greenway, including the ADA Accessible Garden.
Urban Tilth will research and create new relationships with philanthropists interested in improving the quality of life of very low- income seniors and disabled residents.
Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
Fask 3eliverable(s)
Fask 1: Readiness
\: Create outreach plan to engage with
seniors and those with disabilities to
srovide feedback on design elements
3f accessible garden
3: Gather community feedback on at
east 3 design iterations during, 1) at
east 3 community design sessions,
and 2) at least 3 focus groups
;onducted with local seniors and
disabled residents who would be the
\: Final outreach plan and
imeline
3: Report: of feedback on
lesign iterations including
ustification of final design
Timeline
Grant Execution -
August 2024
Grant Funds
$96,620.00
Leverage Funds
$54,234.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Intended primary users of the new ADA
|accessible garden
Complete final design and
conceptual master plan. Host final
design unveiling celebration
|D: Create planting plans through focus
[groups and community design sessionsp
for edible, pollinator, native and
Iperennial beds
;: 1) Final conceptual design
|2) Event outreach materials,
Iphotos, and summary of
levent
|E: Create project development and
construction schedule, and operation
land maintenance plan
F: Prepare construction documents and
obtain necessary permits
): Community planting plans
br year 1 and 2
Readiness Condition
|E: 1) Construction schedule
?) Operations and
[Maintenance plan
|3) Letter of Commitment for
longoing maintenance
Readiness Condition
|F: 1) Final design and
lconstruction documents 2)
|Final permits
(Task 2: Construction
A: Bid and construct project
A: As built construction
drawings, photos of
completed project
January 2024
2025$603,100.00$83,234.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
'ask 3: Project Completion & Grand Opening
^: Host Community Build and Planting
Day and Garden Grand Opening
celebration
3: Update Operations Plan
;: Design and launch ADA garden
community engagement programming
)Ian by identifying 4 key events hosted
at the garden
Fask4: Grant Administration
\: Invoicing and reporting; including
netrics and project management
3: Indicator Reports and Evaluation
Data for Evaluation Technical
\ssistance Provider
Equipment (entire project)
contingency
\: Event summaries and
)hotos
3: Updated Operations Plan
Y. 1) Community
Engagement Program Plan
?) Calendar of Events
S) Photos of events
I.) Summary report of first
'ear of programming
\: 1) Bimonthly progress
eports and invoicing
') Final report highlighting
)roject metrics
fj Regular GHG calculations
is needed
3: 1) Annual Indicator
reports
') Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information
requests
sl/A
0% Contingency
2025 - Project
Completion
Project Completion
Period
Project Completion
Period
Project Completion
Period
$67,045.00
$36,990.00
$0
$70,913.50
$2,394.00
$630
$0
$0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Page!
Lead Entity Indirect Costs
ndirect costs consistent with
he TCC guidelines and grant
igreement, at a rate
approved under this grant
agreement.
Project Completion
Period
Project Total
$80,375.50
$955,044.00
$0
$140,492.00
Project # and Name: 8 - Orchard for ALL!Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: This project will establish a distributed fruit tree orchard throughout the TCC project area by expanding an existing annual FREE Fruit Tree Giveaway to 400 trees per year (2000 trees total) and training and employing youth ages 16-24 via the Gleaners Program to both care for the trees and harvest and redistribute hundreds, perhaps, thousands of pounds of fruit to families in need through Urban Tilth's FREE farm stands and FREE CSA programs.
Operations & Maintenance Plan: Urban Tilth will be responsible for the operations and maintenance of the Cleaner's Program before and after the grant term. Urban Tilth's long-term plan is to support this effort through revenue generated from Veggie RX prescription income resulting from participating in Contra Costa County's Medi-Cal covered veggie box prescriptions. Urban Tilth is working to complete authorization to become a prescription provider and establish relationships with area clinics so that many of our box recipients can have their vegetable prescriptions covered by their County health insurance. Urban Tilth will continue to pursue grant funding to make sure access to healthy whole foods is available to those most in need while this new ongoing source of health-related funding comes online. In order to launch this project, Urban Tilth will use TCC grant funds but anticipate shortly thereafter securing foundation funds and possibly a partnership with Richmond YouthWORKS to make this project more financially resilient beyond the TCC grant term.
Reimbursement Conditions: Grantee will not be reimbursed for Task 4 (implementation) until all readiness deliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC Grant Manager.
Task
Task 1: Program Development
and Readiness
A: Hire and train program staff
Deliverable(s)
A: Job Descriptions
Timeline
Subtask A - F:
Grant Execution -
August 2024
Grant Funds
$72,428.00
Leverage Funds
$0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
B: Research similar arborist
training programs to ensure best
practices in design, operations
and training of staff.
C: Update Cleaners program
operations (including enrollment
processes) and outreach plan for
the Cleaners Program and create
program evaluation plan
D: Research and/or develop an
app/platform to host and organize
community gleaning program
E: Work with partners to design
and create Cleaners training
program curriculum
F: Develop Orchard for ALL!
program operations and
maintenance plan including Fruit
Tree Giveaway, Cleaners
Training, and Gleaners Program
G: Research potential ongoing
funding sources and youth
employment partners who may
help continue the program after
TCC grant term
B: Report outlining research
findings
Readiness Condition
C: 1) Cleaners program
operations, outreach and
evaluations plans
2) Sample homeowner
agreement
D: Documentation of
completed app or contract
with app/platform
E: Cleaners program
curriculum
Readiness Condition
F: Orchard for ALL!
operations and
maintenance plan
G: Annual Summary of
potential program funders
and partners
Task 2: Annual Fruit Tree Giveaway
A: Create outreach plan and
materials to recruit annual fruit
tree giveaway recipients
A: Outreach plan and
supporting materials for
annual fruit tree giveaway
recipients
Subtask G: Project
Completion Period
Subtask A: Grant
Execution - August
2024
$235,686.20 $27,360.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
B: Prepare and coordinate (5)
annual fruit tree giveaways.
Source trees, deliver trees, host
event, and distribute 400 fruit
trees per year to local families.
C: Conduct outreach for annual
fruit tree giveaways and intake of
eligible residents within project
area. Target outreach 1000
households and identify 400
interested households, per year.
D: Complete (5) annual project
giveaway reports including
evaluation and recommendations
for program improvement.
E: Develop and distribute (23)
Richmond Fruit Tree Lovers Fruit
Tree Care Newsletters
Task 3: Gleaners Training
Program Coordination
A: Recruit 40 youth ages 16-24
into Cleaners training program
over the course of grant term
Annual Fruit tree giveaway
reports, including (but not
limited to):
1) Outreach conducted
(overview of methods,
materials, dates/locations,
and potential contacts
identified)
2) Event summaries
(date/time/location, list of
tree recipients, number of
attendees, summary of
outcomes)
3) Event materials
(curriculum, handouts)
4) Event publicity materials
(announcements, photos
from key events)
5) Evaluation summary and
recommendations for
program improvement
E: Documentation of
newsletter (pdf, link,
screenshot, etc.)
A: Annual log of recruitment
outreach materials and
participant registration lists
Subtask B-E:
Project Completion
Period
Project Completion
Period$87,429.15$0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
B: Plan, operate, and evaluate (4)
6-week Gleaners Training
Programs
B: Annual Cleaners
Training Program summary
reports including (but not
limited to):
1) Completed trainings
summary including but not
limited to program
schedules, photos,
completion certificates
2) Evaluation summary and
recommendations for
Task 4: Cleaners Program Implementation
A: Hire Gleaners Training
Program graduates and train as
year around Cleaners Program
staff (4-8 positions per year)
B: Conduct outreach and recruit
2,000 Richmond Fruit Tree
owners to participate in Cleaners
Program
C: Launch, coordinate, and
operate Cleaners Program
through ongoing communication
and site visits with fruit tree
homeowners and Gleaners Team
A: Annual hiring summary
including (but not limited to):
1) number of Cleaners
Training program graduates
hired
2) summary of trainings
B-C: Bimonthly summary
reports for that period
including (but not limited to):
1) signed Cleaners program
participant/homeowner
agreement contracts and
outreach methods
2) documentation of active
gleaning sites
3) log of tree type and tree
health notes
4) log of totals Ibs. of fruit
harvested and distributed
5) photos
Project Completion
Period $536,928.00 $0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
D: Conduct and complete (4)
annual program reports, including
program evaluations and
participant permit compliance
tracking
Task 5: Project Assessment and
Grant Administration
A: Invoicing and reporting;
including metrics and project
management
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
C: Monthly check in meetings with
project team to ensure that team
is collecting assessment data and
progressing in alignment with
project timeline
D: Entire project data collection of
program participants, locations,
demographics, types of fruit trees
serviced, gleaning staff trained,
pounds of fruit harvested and
distributed.
Equipment (entire project)
D: Annual Cleaners
Program summary reports
including (but not limited to):
1) evaluation summary
2) participant permit
tracking sheet
3) log of total Ibs. of annual
fruit harvest and distribution
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
B: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
C: Status reports and
updated logs of program
data per reporting period
D: Quarterly, annual and
final quantitative and
qualitative reports
N/A
Project Completion
Period
Project Completion
Period
$41,040.00
$0
$0
$0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Contingency
Lead Entity Indirect Costs
10% Contingency
Indirect costs consistent
with the TCC guidelines and
grant agreement, at a rate
approved under this grant
agreement.
Project Completion
Period
Project Completion
Period
Project Total
$97,351.14
$97,351.14
$1,168,213.63
$0
$0
$27,360.00
pProject # and Name: 9 - Veggie RX Strategy: Health and Well-Being |Lead Entity: Urban Tilth
IPrpject Description: Veggie RX will expand the pilot program managed by Urban Tilth and anchored at LifeLong Medical Center /hich prescribes fresh fruits and vegetables as preventative and restorative medicine by; 1) increasing enrollment, 2) developing a train the trainer's program to teach new LifeLong Residents and Community Health Workers about non-inflammatory and climate- friendly diets, and 3) by offering Climate Friendly Diet workshops and events known as Health Education and Training (HEAT) at community hubs throughout the project area.
[Operations & Maintenance Plan: Utilizing the expertise from the established pilot veggie box program at the Jenkins Clinic, |Urban Tilth will gather as a staff at the Strategic Annual Retreat with staff and doctors from LifeLong Medical and design an |operations and maintenance plan for the Veggie RX program that responds to community input, program experience, and current |conditions. This plan will be responsive to unique site, organizational, and community factors. |Reimbursement Conditions: Grantee will not be reimbursed for Task 1 , 2, 3B-C, 4D (implementation) until all readiness |deliverables within Task 3, 4, 5 are received, approved, and notified through an updated readiness memo provided by the TCC |Grant Manager.
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Fask peliverable(s)
Fask 1: Veggie RX Program Implementation
\: Procure sustainably grown
iroduce from farmers within a
100-mile radius of project area,
-larvest, Wash, Pack, Distribute]
and Deliver 200+ vegetable box|
prescriptions per week to
inrolled Lifelong patients
^: Bi-monthly reporting
ncluding (but not limited to):
1) Weekly bills of lading
2) Annual Distribution Log
[total number of boxes and
total Ibs. of produce
distributed)
3) Annual procurement report
[outlining partner farms, Ibs.
sf produce procured from
aach farmer, farming
practices and location, food
miles)
Hmeline
Project Completion
Period
3rant Funds [Leverage Funds
$813,750.00$84,000.00
Fask 2: Health Education and Training (HEAT) Program Coordination & Implementation \: Conduct HEAT Medical Visit: |
^roup cooking, nutrition and
;hronic disease management
Masses promoting culturally
•elevant healthy eating for
seople with chronic health
3roblems. Participation includes!
3 Groups (8 people /group) per
fear (4 English, 4 Spanish).
Each group meets an hour a
/veek for 6 weeks. Total 64
people per year.
t\: HEAT Medical Visit Annual
Summary Report including
(but not limited to):
1) program participants
2)photos
3) program objectives and
outcomes
Project Completion
Period$427,500.00$0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
|B: Enroll attendees in CalAim,
the Medical funded Veggie RX
Iprescription program, for
Iparticipants to continue to
[receive vegetable boxes after
[completing the program, 64
Iparticipants per year.
|B: HEAT Medical Visit
IQuarterly Summary Report
Including (but not limited to):
|1) list of bi-monthly enrollment
Make HEAT syllabus open
iource for other health-farm
Ipartnerships can access and
luse the model
|C: Completed open-source
[syllabus
Task 3: Train the Trainers Program Development & Implementation Readiness Condition
\/\: Design in-person and online
lcurriculum for 16-hour Train the
[Trainers program. Create self-
Ipaced online course materials
|to complement in-person
[training
|A: Train the Trainers Final
ISummary Report including
(but not limited to):
|1) curriculum
|2) documentation of
|completed online course
Imaterials
|B: Recruit 60 Community
Health Conductors for 2 training
[sessions per year
1C: Conduct two annual Health
ponductor 16 hour training
[programs for Community Health
IConductors and six Lifelong
IMedical Clinic residents. This
includes 8 hours of in-person
,B: Train the Trainers Semi-
annual Summary Report
including photos of each
training session
Train the Trainers Semi-
[Annual Summary Report with
|60 people trained per year
land detail on methods of
Irecruitment, outreach, and
Subtask A: Grant
Execution - August 2024
Subtask B - C: Project
Completion Period
$902,310.00 $0
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
:raining and 8 hours of
asynchronous online learning.
raining program
mplementation
Fask 4: Promote Climate Friendly Diet
\: Develop bilingual and
culturally relevant community
/vorkshop materials connecting
nod choice to climate and
mman health impacts
3: Develop bilingual recipe
30ok of culturally relevant
climate friendly diet meals and
jpdate with improved or new
•ecipes annually
3: Develop bilingual web page
to promote and host resources
supporting the Climate Friendly
Eating Program
D: Conduct 48-60 bilingual
slimate friendly diet workshops,
soaking demos and veggie bag
giveaways at key community
gathering places and/or for key
sommunity stakeholders and
arganizations
readiness Condition
<-C: Final Climate Friendly
Diet Summary Report
ncluding (but not limited to):
1) completed designs for full
set of outreach materials
2) completed year one recipe
30ok (designed and laid out)
5) documentation of
completed website.
D: Bimonthly Climate Friendly
Diet Summary Report
ncluding (but not limited to):
1) number of workshops
completed
2) locations and population
served
3) photos from events
Subtask A - C: Grant
Execution - August
2024
Subtask D: Project
Completion Period
$272,360.00$66,000.00
EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES
I.) pre- and post-surveys from
participants
Fask 5: Program Management and Grant Administration
\: Develop operations and
naintenance plan
3: Establish site control by
jpdating existing MOD with
-ifelong and Urban Tilth
^: Pre and post surveys of
HEAT group participants to
assess changes in knowledge
and behavior related to healthy
sating
V. Pre and post training
assessments of Health
conductors to assess impact of
iraining.
;: Follow-up interviews with
Health Conductors to track how
;hey use their training including
;areer path, trainings that they
conduct.
Readiness Condition
A: Completed operations and
maintenance plan
Readiness Condition
B: Updated MOU
C-G: Annual Report and
implementation of changes
based on HEAT, Train the
Trainers, and Climate Friendly
Diet feedback
Subtask A - B: Grant
Execution - August 2024
Subtask C -1: Project
Completion Period
$283,140.00 $25,000.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
:: Pre and post surveys of
climate Friendly Diet
)articipants to assess changes
n knowledge and behavior
elated to healthy eating
3: Conduct annual Veggie RX
)rogram participant box survey
-I: Invoicing and reporting;
ncluding metrics and project
nanagement
^ 1) Bimonthly progress
eports and invoicing
') Final report highlighting
iroject metrics
1) Regular GHG calculations
is needed
|1: 1) Annual Indicator Reports
: Indicator Reports and |^ 'n^:.^^'^^.^^.|2) Participation in Evaluation Evaluation Data for Evaluation |^/ ' "' "~'r ~~^~"'. • >, Interviews, Focus Fechnical Assistance Provider |^"' "'J~\";~"' i~^"*'' |Groups, Information Requests]
Equipment (entire project) |N/A
contingency
-ead Entity Indirect Costs
0% Contingency
ndirect costs consistent with
he TCC guidelines and grant
igreement, at a rate approvec
mder this grant agreement.
Project Completion
Period
Project Completion
Period
Project Completion
Period
Project Tota
$0
$269,906.00
$269,906.00
$3,238,872.00
$0
$0
$0
$175,000.00
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
SPECIAL TERMS AND CONDITIONS
Part 2 - Project-Specific Terms and Conditions
1. Water Efficiency
Continuing Applicant Eligibility
i. Grantee shall ensure that urban or agricultural water suppliers comply with all applicable state laws, including the Water Code section 10608 and any applicable laws and regulations. Documentation of compliance should be available for review by the State according to the audit provisions of this Agreement.
ii. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat.
Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, §10608etseq.)
All Water Efficiency-Related Project Types
i. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
ii. Water Efficiency projects may be invoiced using itemized rate justification that is reviewed and approved by the TCC Grant Manager prior to invoicing, or based on itemized invoices of actual costs incurred.
Water-Energy Projects
i. All installed water efficiency measures must be replacements of inefficient appliances, eligible per these Guidelines, and certified EnergyStar or equivalent as applicable.
Turf Replacement Projects
i. Converted landscapes may only include low water use, drought-tolerant, or California native plants. The Water Use Classification of Landscape Species list (httDS://ucanr.edu/sites/WUCOLS/) or local plant lists may be used to make this selection.
a. The foregoing notwithstanding, converted landscape may also include food- producing trees (excluding palms), shrubs, vines, and perennial plants. b. At least one tree, existing or new, must be incorporated into the converted landscape.
c. Live or synthetic turfgrass is not allowed in the converted landscape d. Plants listed on the California Invasive Plant Council inventory at time of landscape conversion may not be installed.
ii. Irrigation systems must be water efficient and may be either drip irrigation, micro-spray irrigation, or hand watering.
iii. Exposed soil surfaces must be covered with mulch. Mulch includes organic material, rock, or decomposed granite. Decomposed granite must be limited to 25% or less of the surface area.
iv. Hardscape and permeability requirements:
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
a. Impervious decks or patios are not allowed as part of the converted landscape. b. Structures such as outbuildings or sheds are not allowed as part of the footage of the converted landscape.
c. Paving stones, pavers, and brick patios are permitted, but must be filled with loose sand. No concrete or impermeable grouting may be used to affix the pavers in place.
2. Health and Well-Being
Food Access
Grantee shall ensure that for Projects with food access elements such as urban agriculture, community gardens, school gardens, community kitchens, food hubs, community grocery stores, food co-operatives, scattered healthy food distribution methods or agricultural and healthy food education opportunities:
I. Lead Entity must conduct project site due diligence to adhere to best management practices for:
a. Researching any proposed site's history and potential range of contaminants (e.g., lead or other heavy metals) and/or other hazards present; b. Determining any potential risk to human health based on potential range of contaminants and/or other hazards present;
c. Determining appropriate methods for site testing, clean-up, and exposure- management, as applicable; and
d. Providing documentation of public education regarding potential range of contaminants and/or other hazards present on site, and methods employed to minimize public exposure.
e. For additional resources, refer to the University of California, Agriculture and Natural Resources Urban Agriculture website:
https://ucanr.edu/sites/UrbanAa/Production/Soils/Soil Contaminants and Soil Te sting/
ii. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic pesticides, pest management, and fertilizers (e.g., compost, manure) may be used.
iii. Lead Entity must develop a clear site management protocol that includes, but is not limited to:
a. A statement of purpose and description of the site
b. A map of garden plots and green space
c. Management structure and decision-making processes
d. Process for determining the use of the site such as, but not limited to:
(i) Identifying and selecting participants for garden plots and equitably distributing plots when demand is greater than supply,
(ii) Length of participation for garden participants
(iii) Reservation of community space for classes or gatherings e. Code of conduct and general rules
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
f. Procedures if participants are not in compliance with code of conduct and/or general rules
iv. Management protocol must be made accessible to the public in multiple formats (e.g., online, electronic copies, paper copies, etc.) and languages, as requested by the community.
v. Project must include an on-site sign that includes hours of operation and contact information, in addition to other signage requirements consistent with Section 52.
Publicity.
vi. Project must ensure food purchased, provided, or made available is healthy. This includes increasing access to fresh, healthy, locally sourced fruit and vegetables, as well as other healthy products.
vii. Project must develop nutrition standards in their programming, which includes but is not limited to the following activities:
a. Assessing the environment in relation to nutrition standards and/or client impact. b. Implementing nutrition standards in programming (in the form of new or strengthened policy and/or system changes) for food and beverages served, sold, or distributed in a variety of settings including meals, snacks, vending, distribution, nutrition assistance, or other sales. The guidelines should support balanced eating patterns and healthy body weight, address California SNAP-Ed Goals, and be consistent with the Dietary Guidelines for Americans (refer to the California Department of Public Health website:
https://www.cdph.ca.flov/Proflrams/CCDPHP/DCDIC/NEOPB/Paaes/HelpfulLinks. aspx for additional resources).
Parks, Open Space, and Recreation Access
For Projects with park, open space, or recreation access components such as green space, picnic areas, playground, or park exercise equipment; and for Projects with tree or vegetation planting components:
i. The Regional Urban Forester must approve the species list and map of tree planting area prior to beginning work.
ii. Any tree planting within the project must adhere to the CAL FIRE Standards and Specifications for Purchasing, Planting, and Maintaining Trees, and Required Management Activities Practices, see Attachment D-7, unless otherwise approved by SGC. This includes the establishment and adherence to a detailed long-term operations and maintenance plan. Trees requiring replacement per CAL FIRE must be made at the Lead Entity's cost.
ill. If the project includes habitat restoration or landscaping, the plant palette must exclude the use of invasive plants listed in the California Invasive Plants Inventory, available at http://cal-ipc.orci/plants/inventorv, and include native, low-water, drought-resistant, and climate appropriate vegetation.
iv. If the project includes landscaping, project shall be consistent, as applicable, with the Department of Water Resources' Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7), available at httDS://water.ca.aov/ProgramsA/Vater-Use-And- Efficiencv/Urban-Water-Use-Efficiency/Model-Water-Eff[cient-Landscape-Ordinance
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
v. The planting location of trees and vegetation must be strategically selected to avoid removal due to any planned future construction.
vi. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic fertilizers (e.g., compost, manure) may be used.
vii. Projects may not include root barriers, decorative tree grates, or decorative tree guards.
viii. Project may not include inefficient irrigation valves, pumps, sprinkler control timers, or over costly and elaborate irrigation systems.
ix. Projects that require tree removal or replacement must result in a net positive number of trees. Only the net number of trees may be quantified for GHG emission reduction quantification.
x. If trees funded by this grant are removed for any reason, they must be replaced at the Lead Entity's cost in such a way that is consistent with this agreement. xl. Lead Entity must provide care for all trees and plants (including replacement) during an establishment period of a minimum of three (3) years after planting.
EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
CALIFORNIA STRATEGIC
y GROWTH COUNCIL
October 31, 2022
Via Email
Mayor Tom Butt
City of Richmond
Attn: Lina Velasco
Director of Community Development
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
[email protected]
RE: Award Notification - Transformative Climate Communities (TCC) Program, Round 4, Implementation Grant Award, City of Richmond, "Richmond Rising: Healthy, Connected, and Climate Strong" Dear Mayor Butt,
The California Strategic Growth Council (SGC) is pleased to inform you that the Council approved a Transformative Climate Communities Implementation award of $35 million dollars to the City of Richmond for "Richmond Rising:
Healthy, Connected, and Climate Strong" at its October 27, 2022, meeting. Previously funded by California's Cap- and-Trade Program, Round 4 ofTCC was funded by a FY 2021-2022 budget appropriation from the General Fund.
This program funding empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas emissions and local air pollution. The TCC Program reflects the SGC's commitment to support community-led transformation and achieve equitable, resilient communities and landscapes for all Californians. Congratulations on your successful application.
This letter provides a conditional commitment of grant funds. TCC staff will initiate the Post-Award Consultation (PAC) process soon by scheduling a meeting with the Awardee and sending a review package including review checklists for all projects and transformative plans. This process will involve addressing any outstanding issues identified by TCC staff, reviewers, and the interagency panel, as well as finalizing the grant agreement. Grantees and Partners will need to work closely and collaboratively with TCC Staff to address all issues prior to grant execution. All requested documentation and changes should be finalized within six (6) months after the Council makes awards. New to Round 4, we will provide a mini grant to support: administrative, staff, and materials costs for Grantees and Partners as they complete the PAC process. Our partnering agency, the Department of Conservation, will lead the PAC process.
Following execution of the grant agreement, grant funds will be disbursed on a bi-monthly basis for eligible direct, indirect, and indicator tracking costs. All reimbursed costs must meet the requirements for reimbursable tasks outlined in the grant agreement. TCC has also been authorized for an Advance Pay Pilot program (AB 156) and will follow up on the terms for accessing advance pay once approved by Council. Please note that no funds will be reimbursed for costs and expenses incurred prior to grant agreement execution, with the exception of limited PAC costs for staff and materials in accordance with forthcoming guidance.
We look forward to our partnership in the coming years. If you have any questions, please contact Sophie Young, TCC Program Manager, at [email protected].
Sincerely,
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Lynn von Koch-Liebert
Executive Director
California Strategic Growth Council
1400 Tenth Street, Sacramento, CA 95814 • www.sgc.ca.gov • (916)324-9775 ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 Award Recommendation 2: City of Richmond: Richmond Rising Award Amount: $35,000,000 (Recommended); $34,413,431 (Requested) Leverage Funding: $17,342,527
Co-Applicants:
• City of Richmond • GRID Alternatives
• Trust for Public Land • Urban Tilth
• Rich City Rides • Groundwork Richmond
Projects:
• Neighborhood Complete Streets • Basins of Relations
• Richmond Wellness Trail • Basque del Barrio
• E-Bike Lending Library • ADA Accessible Garden
• Resilient Homes for Healthy • Orchard for All!
Communities • Veggie RX
The Richmond Rising proposal is the result of years of stakeholder collaboration, including a TCC planning grant, to address environmental justice concerns in the Iron Triangle, Santa Fe, and Coronado neighborhoods that adjoin the historical heavy industrial zones in Richmond. The proposal aims to empower the city's most marginalized communities through complete streets and affordable active transportation options; renewable energy resilient homes; water absorption and reuse; urban greening and cooling of neighborhoods; and enhanced food security for improved health and wellbeing.
The City, alongside five co-applicants, have collaborated over four years of planning and project work to develop the proposal's objective and vision. This proposal's Community Engagement Plan (CEP) draws upon direct ties to priority populations, as well as capacity through Richmond Rising Youth Fellows Program (annual paid fellowship for Black and Brown youth). Richmond Rising's Displacement Avoidance Plan (DAP) includes a robust set of City programs and policies informed by quantitative data which complement the City's existing work in developing, promoting, and passing policies and programs that address residential and business displacement. Although the proposal meets TCC Program Requirements, only .24% of the total budget (of maximum allowable 3%) was dedicated to the DAP. This amount was the result of a budgeting error caused by unclear language in the TCC Guidelines. The proposal also includes workforce development through solar installation basic training, as well as the RichmondWORKS city program which provides career skills training and supportive services.
Overall/ Richmond Rising presents a strong vision for the Iron Triangle, Santa Fe, and Coronado neighborhoods informed by years of youth leadership, grassroots organizing, community engagement, and community planning. This vision is complimented by the applicant and co- applicants' demonstrated capacity for executing the proposed plans and projects.
CALIFORNIA STRATEGIC
GROWTH COUNCIL
October 27, 20221 Page 8 of 57
ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 Recommended conditions on award:
Provide additional details on work plans, budgets, and staff capacity dedicated to the projects
Strengthen long-term operations and maintenance plans for projects including urban greening.
Revise Displacement Avoidance Plan (DAP) to address budget error and plans for community outreach and feedback and budget inclusion. Up to an additional $586,569 will be available for the DAP, increasing total award to $35,000,000, provided Richmond meets threshold requirements of 50% leverage funding.
Consider mitigation measures to account for resilience to future climate change impacts on projects in low-lying coastal waterfronts, such as the Richmond Wellness Trail (Project 2).
Provide additional details on project feasibility questions.
Provide readiness documentation for projects including Project 6, Basque Del Barrio.
Provide additional details and possible modifications to Project 3, E-bike Lending Library to be consistent with program requirements.
Work with TCC staff to determine whether additional implementing partners, such as Rich City Rides, need to be added to the Partnership Agreement; submit additional management and financial capacity documentation.
CALIFORNIA STRATEGIC
GROWTH COUNCIL
October 27, 20221 Page 9 of 57