Copyright, CNA All Rights Reserved.
1,000,000
1,000,000
Policy Number:
6025157574
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 759
SB146902G
(Ed. 6-16)
C. EXCLUSIONS
With respect only to the insurance provided by this endorsement:
1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e., f. and i. and to add the followingexclusions:
This insurance does not apply to:
• Fellow Employee
"Bodily injury" to:
(1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above.
• Care, Custody or Control
"Property Damage" to:
(1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured.
D. WHO IS AN INSURED
With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following:
Each of the following is an insured under this insurance to the extent set forth below:
1. You;
2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business.
3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non-owned auto" except:
a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household;
e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate;
g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto" or a "non-owned auto"; or
4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2. or 3. above.
E. AMENDED DEFINITION
The Definitionof "insured contract" in Section F – Definitions is amended by the addition of the following exceptions to paragraph f.:
SB146902G (Ed. 6-16)
Copyright, CNA All Rights Reserved.
50020001760212622175215
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 760
SB146902G
(Ed. 6-16)
Paragraph f. does not include that part of any contract or agreement:
• That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or
• That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority.
F. ADDITIONAL DEFINITIONS
Section F. Definitions isamended by the addition of the following definitions:
a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business.
This does not include:
i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households.
c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence."
If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence." G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following:
H. Other Insurance
1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectibleinsurance.
However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee."
2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.
All other terms and conditions of the Policy remain unchanged.
SB146902G (Ed. 6-16)
Copyright, CNA All Rights Reserved.
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084761
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose . This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions . The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Finance Department Jerry Chak
[email protected] (510) 620-6569
14373 5117
Audit service for the City of Richmond's California Violence Intervention and Prevention Grant Program, administered by Board of State and Community Corrections, for the period from October 1, 2020, to June 30, 2023. 2 Badawi & Associates
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Ahmed Badawi
(510) 768-8244 [email protected]
40059976 December 21, 2023
April 20, 2020
July 1, 2020 June 30, 2023
910,820.00
762
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto. 5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect. 6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect. 7. Signatures. These signatures attest the parties’ agreement hereto: CITY OF RICHMOND, CALIFORNIA a municipal corporation By _______________________ Title:I hereby certify that the Original Contract and this Amendment have been approved by the City Council or executed by the City Manager.By _______________________ City Clerk Approved as to form: By_______________________ City Attorney List of Attachments: 1. Amendment Provisions 2. Updated Insurance Certificates CONTRACTOR: ______________________________(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)By____________________________ Title:________________________ (*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)By:___________________________ Title:________________________ (NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract (1) should be signed by the Chairperson of the Board, President or Vice-President and the Chief Financial Officer, Secretary or Assistant Secretary; (2) should have both signatures conform to designated representative groups pursuant to Corporations Code Section 313.
Badawi & Associates
763
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses." “The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
Badawi & Associates
2 5117
18,000.00
1,548,370.00
Contractor shall conduct an audit of the City of Richmond's California Violence Intervention and Prevention Grant Program, administered by Board of State and Community Corrections, for the period from October 1, 2020, to June 30, 2023.
764
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
The s
econd Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
The t
hird Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
The f
ourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
The f
ifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Badawi & Associates
2 5117
July 11, 2023
Increased contract payment limit by $ 6_1_9_,_5_5_0_.0_0________for a payment limit not to exceed $ _1,_5_3_0_,_3_7_0._0_0_______________.
Term Amendment (insert new termination date):________________________ Service Plan
Increased contract payment limit by $ ________________for a payment limit not to exceed $______________________.
Term Amendment (insert new termination date):________________________ Service Plan
Increased contract payment limit by $ ________________for a payment limit not to exceed $___________________.
Term Amendment (insert new termination date):________________________ Service Plan
Increased contract payment limit by $ ________________for a payment limit not to exceed $____________________.
Term Amendment (insert new termination date):________________________ Service Plan
Increased contract payment limit by $ ________________for a payment limit not to exceed $___________________.
Term Amendment (insert new termination date):________________________ Service Plan
June 30, 2025
765
City of
Richmond
TECHNICAL PROPOSAL
For Professional Auditing Services for
the City of Richmond
For the period from October 1, 2020 to June 30, 2023.
August 18, 2023
Contact Person:
Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Phone: (510) 768-8244
Fax: (510) 768-8249
E-mail: [email protected]
766
767
City of Richmond
Table of Contents
Page
Letter of Transmittal ................................................................................................................................................... 1 Firm Qualifications and Experience .......................................................................................................................... 3 Independence ........................................................................................................................................................... 3 Insurance .................................................................................................................................................................. 3 License to Practice in California................................................................................................................................ 3 Conflict of Interest ..................................................................................................................................................... 3 Firm Qualifications .................................................................................................................................................... 3 Technical Approach .................................................................................................................................................. 4 Firm Experience ........................................................................................................................................................ 5 Additional Activities ................................................................................................................................................... 5 Client Training Seminar ............................................................................................................................................ 6 Quality Control Review ............................................................................................................................................. 6 Federal or State Desk Reviews ................................................................................................................................ 9 Disciplinary Action ..................................................................................................................................................... 9 Litigations .................................................................................................................................................................. 9 Partner, Supervisory, and Staff Qualifications and Experiences ........................................................................ 10 Engagements with Other Governmental Entities .................................................................................................. 14 Understanding of Services to be Provided ............................................................................................................ 18 Audit Schedule .......................................................................................................................................................... 19 Comprehensive Cost Bid ......................................................................................................................................... 20 Conclusion ................................................................................................................................................................. 22 Appendix .................................................................................................................................................................... 23 References .............................................................................................................................................................. 23
768
769
August 18, 2023
Letter of Transmittal
Mr. Mubeen Qader
Acting Director of Finance
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Dear Mr. Qader:
Badawi & Associates (B&A), Certified Public Accountants (the “Firm”) is pleased to have the opportunity to respond to your request for a proposal to provide external audit services and to submit its qualifications to perform an independent audit of the City of Rich mond (the “City”)’s compliance over the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections (BSCC), (the “Grant Program”), for the period from October 1, 2020 to June 30, 2023. The objective of our audit is to issue an opinion on compliance regarding the City’s Grant Program in accordan ce with generally accepted accounting principles. This audit is to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the Government Accountability Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984, as amended in 1996, and the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations, Uniform Administrative Requirements, as well as any other applicable federal, state, local or programmatic audit requirements.
This proposal will highlight the background of the part ners and staff assigned to the engagement, summarize our experience in the governmental area, and describe our approach to auditing the Grant Program.
This proposal demonstrates our ability to render the qualit y examination and to perform the necessary accounting and auditing services requested by the City on a timely basis.
As a partner of the Firm, I will be the primary contac t for negotiation of the contract. Additionally, I have been authorized to legally bind the Firm. You may contact me at the following address and phone number:
Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Telephone: (510)768-8244
E-mail: [email protected]
770
Mr. Mubeen Qader
Acting Director of Finance
City of Richmond
2 We are committed to performing the required work, completing the audit, and issuing the necessary auditors’ reports.
We believe we are the best qualified to perform the audit bec ause our audit staff includes individuals well versed in municipal auditing and reporting requirements. We have performed auditing and consulting engagements for numerous cities throughout Ca lifornia. We will be responsive to the need s of the City, we understand the City’s operational environment, and pledge to you our complete commi tment to providing a quality product that meets the City’s requirements.
The approach to the audit has been designed to meet the audit requirements of the City with the least disruption to the City’s office operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”.
Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies and disruptions are kept to a minimum.
The Firm maintains liability insurance coverage for profes sional liability, Workers’ Compensation, Comprehensive General Liability and Auto as part of our comprehensive insurance policy.
The Firm is an Equal Opportunity employer and complies wi th all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement.
This proposal is a firm and irrevocable offer for 180 days.
We are confident that you will find our organization offers the required expertise, technical knowledge, and business understanding to perform an audit of the Grant Program. Our past experi ence provides us with a thorough understanding of the needs and requirements of the City, as well as the technical knowledge to perform such services in accordance with the accounting and auditing guidelines as published by the various authoritative entities.
We welcome your inquiries and look forward to further discussions with you.
Sincerely,
Ahmed Badawi
Partner
Badawi & Associates
Certified Public Accountants
771
City of Richmond Technical Proposal
3 Independence
The Firm is independent of the City of Richmond as defined by the GAO’s Standards for Audit of Governmental Organizations, Programs, Ac tivities and Functions, and the AICPA and California State Society of Certified Public Accountants as promulgated in various auditing and professional standards.
Insurance
The Firm maintains professional liability insurance and other coverage as part of our comprehensive insurance policy. Upon selection as the City’s Grant Program independent auditor, the Firm and our insurance provider will pr ovide a certificate of insurance to the City which shows the minimum requirements identified by City have been met.
License to Practice in California
The Firm and all key professional staff assigned to the City’s Grant Program audit are properly licensed to practice as Certified Public Account ants in the State of California and comply with GAO Government Auditing Standards.
The Firm is registered with the California Stat e Board of Accountancy. Its state number is COR6823.
The Firm has met all required State and local laws, rules, and regulations.
Conflict of Interest
The Firm has no conflicts of interest in connection with providing the services described in this proposal. The Firm does not have any financial, business, or other professional relationships with the City or any member of City staff.
Firm Qualifications
Badawi & Associates was founded by Mr. Ahmed Badawi. Mr. Badawi has over 20 years of experience working with state and local government with a special focus on cities. Prior to founding B&A, Mr. Badawi was a partner with several local and national firms, where he headed their government practice in Nort hern California. Mr. Badawi founded Badawi & Associates to serve the fast-paced needs of California's local go vernments. The goal is to build a proactive, client-focused culture from the ground up and to eliminate the entrenched bureaucratic culture and intrinsic limitations of the big audit firms.
Located in Berkeley, CA, the Firm serves a variety of cities and towns throughout California as well as conducting financial related services for numerous special districts and authorities.
Names and phone numbers of several of our current and past clients and other references are provided for your inquiries. We encourage you to contact these individuals to obtain information on the quality of the audit and the ability of the audit staff.
Our Berkeley office will be the Engagement Office assigned to the City.
In addition to specific City financial statements, the Firm members have also audited numerous redevelopment agencies, public financing autho rities, hospitals, housing authorities, transportation authorities, special districts, water districts, OCJP grants, self-insurance pools, joint power authorities and has also performed numerous compliance audits in accordance with the Single Audit Act, childcare regulations, TOT regulations, AQMD regulations, franchise requirements.
The Engagement Partner assigned to the City will be Mr. Ahmed Badawi. Mr. Badawi has over 20 years of government audit experience. He is a member of various governmental committees, has actively participated in the development of accounting and audit guidelines for the governmental sector, and is an instructor for the California Society of Municipal Finance Officers.
Firm
Qualifications
and
Experience
772
City of Richmond Technical Proposal
4 The professional staffs assigned to the E ngagement are qualified and experienced. Each individual of the Engagement Team has severa l years of experience and has conducted or participated in numerous municipal audits of various sizes. Their understanding of governmental operations and the various authoritative guidelines will provide the where-with-all to perform the audit in an efficient and effective manner with minimal disruption to the City’s finance department.
Technical Approach
The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open co mmunication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum.
773
City of Richmond Technical Proposal
5 Firm Experience
The Firm is located in Berkeley and provides a full range of accounting services to governmental agencies throughout California, including audit, ta x and accounting. The Firm’s professional staff members provide the financial background and specific experience to meet the City’s operational needs. Additionally, this situation prov ides the City with an auditing firm that has depth in capabilities to address any financial issue the City may need assistance with, and the quality audit approach that you expect.
Our Berkeley office will be the Engagement Office assigned to the City.
Firm policy requires that the Engag ement Partner be actively involved in the daily fieldwork.
This means to the City that Mr. Badawi will actually be on-site during the audit coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes, and benefiting the City with his broad municipal experience. We have found that this effort benefits the City and the Firm through developing a thorough knowledge of the City’s practices and issues and establishing a close working relationship with the City’s Management.
Additionally, continuity of audit personnel is assured because of the hands-on involvement of the Partner.
We are committed to providing appropriate and related experience, personal involvement, and a broad business perspective to produce a quality end product within the time frames required.
The Firm provides financial and compliance auditing services to governmental agencies throughout California. We are a governmental agency auditing firm and ou r professional staff members have been performing these services for many years. As a result, we have performed financial and compliance audits on most, if not all, types of governmental agencies and operations including:
Cities
Redevelopment
Agencies
Financing
Authorities
Housing Authorities
Special Districts
Water Districts
Waste Management
Authorities and
Operations
Pension Plans
Child Care
Operations
Joint Power
Authorities
Investment Activities
Landfills
Enterprise Funds
Airports
Transportation
Operations
Federal and State
Grants
Additional Activities
We offer a full range of accounting and finance services to the governmental sector. These services include:
Financial audits
Compliance audits
Tax advice
Development of financial and
accounting policies and procedures
Investment review and compliance
evaluation
Operational reviews
Technical guidance on existing and
upcoming accounting issues
Training seminars
Pension/profit-sharing plans
Performance audits
Business consulting
Consequently, Firm personnel are well qualified to perform the services expected by the City. 774
City of Richmond Technical Proposal
6 Client Training Seminar
The Firm hosts an annual update on recent technical accounting and finance issues affecting the governmental area. This all-day session reviews new and anticipated pronouncements from GASB, discusses future issues under consideration by GASB, reviews accounting treatment of various transactions where issues may arise, and provides a general overview of state and federal compliance issues. All of our clients are invited to attend, free of charge. The one-day session qualifies for CPE under the rules of the St ate Board of Accountancy and is held in the Bay Area.
Quality Control Review
According to Government Auditing Standards, firms who perform audits under the Yellow Book are required to have a peer review once every three years. We received a report with a rating of pass with no deficiencies which we attached for your review. 775
City of Richmond Technical Proposal
7 776
City of Richmond Technical Proposal
8 777
City of Richmond Technical Proposal
9 The Firm has policies and procedures to ensure it hires only qualified people, that it properly supervises them and provides professional traini ng, that it advances them to responsibilities they are capable of handling, and that it provides them with necessary technical resources. All members of the Firm are very familiar with t he stringent quality control standards established by the AICPA.
The Firm is a member of the AICPA Government Audit Quality Center.
The Firm is a member of the AICPA Private Companies Practice Section.
Federal or State Desk Reviews
The Firm has had no negative federal or state reviews in the past three (3) years.
Disciplinary Action
There have not been any state or federal disciplinary actions taken or pending against the Firm nor any findings to report.
Litigations
The Firm has not experienced any lawsuits or legal actions that have been resolved or are currently pending in the prior five years.
778
City of Richmond Technical Proposal
10 The Engagement Team will norma lly consist of four individual s who provide a broad business perspective and significant experience in governmental auditing. This team will provide access to a wide range of technical capabilities which will provide the City with not only the technical support necessary to perform the Grant Program audit, but also the broad business background to interpret findings and observations to offer effective solutions to issues, and the personal involvement of the Engagement and Compliance Partners of the Firm.
The Engagement Team will be led by Ahmed Badawi, CPA. Mr. Badawi’s background includes over twenty years of municipal auditing experience with a special focus on cities. He is the instructor of the CSMF O “Introduction to Governmental Accounting” training classes. Mr.
Badawi is a member of the Government Acco unting and Auditing Committee of the California Society of Certified Public A ccountants. He has participated in the audits of numerous City, county and special district governments, as we ll as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting pr ocess, and to offer practical business recommendations.
The second member of the Engagement Team will be Wenwei Zhao, CPA. Ms. Zhao’s background includes six years of accounting and auditing experience. She has participated in the audits of numerous government al entities and assisted in their efforts to publish their financial statements in compliance with various r egulations, and is a volunteer member of the GFOA Special Review Committee. Ms. Zhao will be the Audit Manager of this engagement.
Each member of the Engagement Team participates in continuing education programs offered by the AICPA and California Stat e Society of Certified Public Accountants, and each has met the continuing education requirements for municipalit ies. In addition, the firm offers at least 60 hours of in-house CPE annually focused mainly on municipal audits.
Professional Development:
The Firm maintains a comprehensive training program targeted at appropriate professional staff levels. It utilizes in-house developed education al programs, AICPA and California CPA Foundation educational programs, and on-the-job training.
The Firm’s annual training schedule which officially begins in April for all professional staff and administrative staff includes comprehensive in-house training sessions on such topics as:
Engagement Partner
Ahmed Badawi
CPA
Audit Manager
Wenwei Zhao
CPA
Professional
Audit Staff
Professional
Audit Staff
Partner,
Supervisory,
and Staff
Qualifications
and
Experiences
779
City of Richmond Technical Proposal
11 Review of principles of accounting and financial reporting for state and local governments Review of governmental fund types and account groups
Review of newly issued generally ac cepted auditing standards and GAO auditing standards
Review of Internal Control evaluation approaches including COSO principles Updates on recent governmental accounting and reporting guidelines Review of Single Audit requirements and approaches
Review of financial audit approaches
Overview of audit and internal control work paper techniques Review of GASB reporting requirements
Review of current issues facing the governmental community During the year, professional staff members are sent to various educational sessions sponsored by the AICPA and California State Society of CPAs, as considered appropriate for the level and need of the individual. These classes include, among others:
Governmental Financial Reporting Standards and Practices Yellow Book: Government Auditing Standards
Financial Accounting Standards: Comprehensive Review
Single Audit
Governmental Auditing & Accounting Update
Governmental Accounting Principles
Comprehensive Review of Generally Accepted Auditing Standards The result of the Firm’s training program is the production of a highly educated and competent municipal audit group capable of performing an efficient and effective audit for the City.
The Engagement Team members will continue their professional development efforts.
Staff Retention and Continuity:
The Firm's policy on providing service to our clients includes a commitment to maintaining continuity of audit personnel. We cannot guarantee that our staff will remain with the Firm.
However, to encourage our staff to remain with us, we pay competitive wage rates; offer promotional opportunities; provide state-of-the-art equipment and excellent working conditions; and offer various benefits, such as retirement pl ans, medical plans, profit sharing programs, educational benefits, and other such benefits. We can also guarantee that the partner will be involved in future years. Continuity of audit st aff is of prime concern to us and because of the hands-on involvement of the partner; we can as sure you that future years’ audits will be conducted in an efficient and effective manner with qualified and experienced professionals.
The Firm is an Equal Opportunity employer a nd complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement.
Resumes of each member of the Engagement Team follow.
780
City of Richmond Technical Proposal
12 Ahmed Badawi, Certified Public Accountant – Engagement Partner Length of Career
Over twenty years’ experience in municipal auditing and accounting with a special focus on cities Certified Public Accountant for the State of California Professional Experience
Partial listing of clients served:
Has performed numerous financial audits, Single Audits, Transportation Development Act audits, housing audits, electrical utility audits, RDA audits, PFA audits, and Trust Fund audits, and has prepared numerous Annual Comprehensive Financial Reports Education
BS Degree in Accounting from the University of Alexandria, Egypt Professional Activities
Instructor, CSMFO’s “Introduction to Governmental Accounting” training class Member, CALCPA Government Accounting and Auditing Committee Member, American Institute of Certified Public Accountants Member, California Society of Certified Public Accountants Member, Government Fina nce Officers Association
Member, California Society of Municipal Finance Officers Continuing Education
Has met the current CPE educational requir ements to perform audits on governmental agencies Financial Single RDA PFA Enterprise
Audit Audit Audit Audit Fund Other
Cities:
Albany X X X X
A n t i o c h XX XXX
Atwater X X X
Azus a X X X X
B e r k e l e y XXX XX
Buena Park X X X X X
Burlingame X X X
Cotati X X X
Dublin X X X
East Palo Alto X X X X
E l C e r r i t o XXX XX
F o l s o m XX XX
F o s t e r C i t y XXX XX
Fremont X X X X
Guadalupe X X X X X
Lafayette X X X X
Larkspur X X X X
Lindsay X X X
Menlo Park X X X X X
Newark X X X X
O a k d a l e XXX XX
Ontario X X X X
Petaluma X X
Pinole X X X X
Pleasanton X X X X
R i c h m o n d XXXXXX
San Bruno X X X X X
San Leandro X X X X
San Luis Obispo X X X
S a n M a t e o XXX XX
Scotts Valley X X X X
Solvang X X
Susanville X X
T u r l o c k XXXXXX
U n i o n C i t y XXX XX
V a c a v i l l e XXXX X
Walnut Creek X X X X X
Counties:
Santa Cruz County XXXXXX
Contra Costa County XXXXXX
Special Districts and Other:
Alameda County Water District X X X
East Bay Regional Park District X X X
Services Provided
781
City of Richmond Technical Proposal
13 Wenwei Zhao, Certified Public Accountant – Professional Audit Manager Length of Career
Six years’ experience in auditing
Certified Public Accountant for the State of California Professional Experience
Has performed numerous financial audits, Single Audits, RDA audits, PFA audits, Transportation Development Act audits, and housing audits
Education
Master of Accounting from University of Pittsburgh, PA Professional Activities
Volunteer Member, GFOA Special Review Committee
Continuing Education
Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
Has met the current CPE educational requir ements to perform audits on governmental agencies Services Provided
Financial Single SCO RDA PFA Enterprise
Audit Audit Report Audit Audit Fund Other
Cities:
Barstow X
Berkeley X X X
Crescent City X X X X
East Palo Alto X X
El Cerrito X X X
Folsom X X X X
Lafayette X X X X X
Larkspur X
Menlo Park X X X
Millbrae X
Newark X X X X
Oakdale X X X
Pinole X X
Redwood City X
R i c h m o n d XXXXX X X
San Luis Obispo X X X
San Mateo X X
Susanville X X
Town of Los Gatos X
Town of Yountville X X
Union City X X X X
Waterford X
Yuba City X X X X
Towns:
Los Gatos X
Child Care Programs:
Contra Costa County Child Care X X
Special Districts:
San Gabriel Valley Council of Governments X X
Cosumnes Services District X
Elk Grove Water District X
Hayward Area Recreation and Park District X
Marin Municipal Water District X
Resource Conservation District of Santa
Cruz County
X
San Mateo County Mosquito and Vector
Control District
X
Santa Cruz Regional 9-1-1 X
782
City of Richmond Technical Proposal
14 The tables below and on the following page are a partial listing of our clients similar to the City, and illustrates the many different types of components involved in each audit engagement that present very difficult and complex auditing and accounting challenges (in order of audit hours). ** Indicates cities with population over 50,000
** Indicates cities with governmental revenues over $100 million and population over 50,000
City
Client Since
Hours
Engagement Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
** Richmond 2020 3,160 Ahmed
Badawi
Mubeen Qader
Acting Director of Finance
(510)412-2077
[email protected]
X XXX XXXXX
** Berkeley 2008 1,505 Mitesh
Desai
Henry Oyekanmi
Finance Director
(510)981-7300
[email protected]
X XXXX X XX
** Ontario 2021 1,012 Ahmed
Badawi
Armen Harkalyan
Executive Director of Finance
(909)395-2019
[email protected]
X XXX XXXXX
* Union City 2006 850 Mitesh
Desai
Jackie Acosta
Finance Director
(510)675-5345
[email protected]
X XXXX X X
** Folsom 2019 807 Ahmed
Badawi
Stacey Tamagni
Finance Director
(916)461-6712
[email protected]
X XXX XX X
* Petaluma 2019 691 Ahmed
Badawi
Corey Garberolio
Finance Director
(707)778-4357
[email protected]
X XXXXXXX
* San Luis
Obispo 2019 638 Ahmed
Badawi
Emily Jackson
Finance Director
(805)781-7125
[email protected]
X X XXXX
* Antioch 2005 586 Mitesh
Desai
Dawn Merchant
Finance Director
(925)779-6135
[email protected]
X XXXXXX X
Lafayette 2020 586 Ahmed
Badawi
Jennifer Wakeman
Assis. Administrative Services Director
(925)299-3213
[email protected]
XX X X X
** Dublin 2018 546 Ahmed
Badawi
Jay Baksa
Director of Finance & Admin. Services
(925)833-6640
[email protected]
XX X X X
Azusa 2017 540 Ahmed
Badawi
Talika Johnson
Administrative Services Director
(626)812-5202
[email protected]
X XXX XX X
Engagements
with Other
Governmental
Entities
783
City of Richmond Technical Proposal
15 City
Client Since
Hours
Engagement Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
Millbrae 2015 524 Mitesh
Desai
Mike Sung
Finance Director
(650)259-2433
[email protected]
X XXX XX X
Glendora 2022 487 Ahmed
Badawi
Kyle Johnson
Assistant Finance Director
(626)914-8245
[email protected]
X XXX X XXX
San Bruno 2022 486 Ahmed
Badawi
Bobby Magee
Interim Finance Director
(650)616-7054
[email protected]
X X XXXXX X
* Yuba City 2017 450 Mitesh
Desai
Spencer Morrison
Finance Director
(530)822-4615
[email protected]
X XXX XXX X
Wasco 2021 428 Ahmed
Badawi
Isarel Perez-Hernandez
Finance Director
(661)758-7230
[email protected]
X XXXXXX
Pismo Beach 2022 389 Ahmed
Badawi
Nadia Feeser
Administrative Services Director
(805)773-7010
[email protected]
X XXX XXX X
Larkspur 2019 382 Ahmed
Badawi
Cathy Orme
Administrative Services Director
(415)927-5019
[email protected]
XX X
Atwater 2021 380 Ahmed
Badawi
Delilah Youmara
Finance Director
(209)357-6347
[email protected]
XX XXXX
Lemon Grove 2022 377 Ahmed
Badawi
Joseph Ware
Finance Director
(619)825-3803
[email protected]
XX X X
Waterford 2018 311 Mitesh
Desai
Tina Envia
Finance Manager
(209)874-2328 Ext: 104
[email protected]
XX XX
Solvang 2019 308 Ahmed
Badawi
Brad Vidro
Interim City Manager
(805)688-5575 ext 204
[email protected]
X X XXX
Oakdale 2016 306 Mitesh
Desai
Albert Avila
Finance Director
(209)845-3584
[email protected]
XXXXX X
784
City of Richmond Technical Proposal
16 City
Client Since
Hours
Engagement Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
Guadalupe 2017 303 Mitesh
Desai
Janice Davis
Finance Director
(805)356-3895
[email protected]
XX XX X
Sebastopol 2017 275 Mitesh
Desai
Ana Kwong
Finance Director
(707)824-4879
[email protected]
X XX XXX X
Cotati 2020 265 Ahmed
Badawi
Angela Courter
Director of Administrative Services
(707)665-4236
[email protected]
XX X X X
Crescent City 2014 227 Mitesh
Desai
Linda Leaver
Finance Director
(707)464-7483 x224
[email protected]
XX XX XX
Scotts Valley 2019 202 Ahmed
Badawi
Selina Andrews
Finance Manager
(831)440-5614
[email protected]
XX X X X
785
City of Richmond Technical Proposal
17 The table below lists all special district engagements (in order of audit hours):
Special District
Client Since
Hours
Engagement
Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
Single Audit
Enterprise Funds
San Gabriel Valley Council of Governments 2021 618 Ahm ed Badawi
Rey Alimoren,
Director of Finance
(626) 962-9292
[email protected]
No N/A X X
County of Contra Costa Community
Services Bureau Child Development
Program
2013 450 Mites h
Desai
Nancy Benavides
Fiscal Officer
(925)681-4268
[email protected]
No N/A
Florin Resource Conservation District/
Elk Grove Water District 2015 350 Mites h
Desai
Patrick Lee
Finance Manager / Treasurer
(916)685-3556
[email protected]
Yes Yes X
Hayward Area Recreation
and Park District 2017 350 Mites h
Desai
Anne Maze
Administrative Services Director
(510)881-6707
[email protected]
No N/A
Amador County
Transportation Commission 2019 260 Ahm ed
Badawi
John Gedne
y
Executive Director
(209)267-2282
[email protected]
No N/A
Solano County Water Agency 2020 243 Ahm ed
Badawi
Roland Sanford
General Manager
(707) 455-1103
[email protected]
No N/A
San Mateo Mosquito and
Vector Control District 2018 228 Ahm ed
Badawi
Richard Arrow
Finance Director
(650)344-8592
[email protected]
Yes Yes
Monterey Bay Unified Air
Pollution Control District 2016 200 Mites h
Desai
Rosa Rosales
Administrative Services Manager
(831)718-8019
[email protected]
No N/A
Southern Marin Fire
Protection District 2020 160 Ahm ed
Badawi
Alyssa Schiffmann
Finance Manager
(415)388-8182
[email protected]
No N/A
Alameda County Waste Management
Authority (StopWaste) 2018 154 Ahm ed
Badawi
Jennifer Luong
Finance Services Manager
(510)891-6500
[email protected]
Yes Yes
Central County
Fire Department 2012 150 Mites h
Desai
Jan Cooke
Finance Director
(650)375-7408
[email protected]
Yes Yes
Central Fire Protection District of
Santa Cruz County 2018 150 Mites h
Desai
Nancy Dannhause
r
Finance Director
(831)479-6842
[email protected]
No N/A
Port of San Luis
Harbor District 2017 150 Mites h
Desai
Kristen Stout
Business Manager
(805)595-5413
[email protected]
Yes Yes X
Resource Conservation
District of Santa Cruz
County
2017 150 Mites h
Desai
Sharon Corkrean
Director of Finance
[email protected]
No N/A X
Santa Cruz
Regional 9 - 1 - 1 2016 150 Mites h
Desai
Dennis Kidd
General Manager
(831)471-1038
[email protected]
No N/A
Zayante Fire
Protection District 2017 150 Mites h
Desai
John Stipes
Fire Chief
(831) 335-5100
[email protected]
No N/A
786
City of Richmond Technical Proposal
18 The City desires an audit of the City’s Grant Program compliance in accordance with generally accepted accounting principles for the period from October 1, 2020 to June 30, 2023.
The Firm will:
Express an opinion on the Grant Program in conformity with generally accepted accounting principles in the United States of America.
Perform the audit in accordance with ge nerally accepted auditing standards accepted in the United States of America, applicable to the financial audit contained in the Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations.
Issue the following reports, following the comp letion of the audit of the fiscal year’s financial statements:
Independent Auditor’s Repo rt on the Grant Program
Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Grant Program Performed in Accordance with Government Auditing Standards
Independent Auditor’s Report on Compliance with Requirements Applicable to the Grant Program and Internal Control over Compliance in Accordance with the Uniform Guidance
Scheduled of findings and quest ioned costs (if required) Provide special assistance to the City as needed.
Retain all working papers and reports at the audit firm’s expense for a minimum of 7 years.
In addition, make working papers available to the City and/or any government agency as appropriate.
Should any conditions be discovered requiring corrective action, the Firm will provide a detailed description of the findings and recommended actions as to their resolution.
The Firm will submit a report to the City’s Council and management detailing auditor’s responsibility under generally accepted auditing standards, significant accounting policies, management judgments and accounting statement s, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultations with other accountants, major issues discussed with management prior to retention, difficulties encountered during the audit, and any significant deficiencies or material weaknesses found during the audit. Non-material instances of noncompliance will be reported in a separate management letter, if appropriate, along with any other observations or recommendations determined to be informative to City Management.
The Firm will be available to provide advice and counsel regarding significant matters during the year.
The Firm’s Partner and Staff welcome the opportunity to make presentations to the City Council and will be ready to respond to questions from the Council and citizens of the City.
Understanding
of Services to
be Provided
787
City of Richmond Technical Proposal
19 2023
Period
Audit Tasks
September - Grant Program Audit Planning
Prepare detailed audit work plan and audit programs, audit budget, staffing schedule, and list of schedules to be prepared by City staff. Coordinate Grant Program audit planning efforts with efforts for the City’s Single Audit and Financial audit efforts.
October -
November
- Grant Program Compliance Fieldwork
Entrance conference with City Management
Obtain Grant Program Schedule of Expenditures
Perform audit tests of the Grant Program and compliance with requirements and Regulations applicable to the Grant Program. Review grant documents, select sufficient number of transactions to test for compliance with Grant Program requirements
Coordinate Grant Program efforts with the City’s Single Audit and Financial Audit efforts
Communicate findin gs to City Management
November -
December
- Audit Reports
Prepare draft of Grant Program Audit Reports concerning internal control structure, compliance with laws and regulations, and administering of Grant Program
Prepare other reports as required
Provide revised final drafts of a ll required reports to the City for approval
December
- Final Grant Program Audit Reports delivered for the City to submit to the BSCC by no later than December 31, 2023.
Estimated Hours by Audit Phase
Position Planning Fieldwork Reporting Total
Partner 4 17 1 22
Audit Manager 3 34 3 40 Professional Audit Staff - 117 6 123 Administrative Assistant - - 1 1 Total 7 168 11 186
Audit
Schedule
788
City of Richmond Technical Proposal
20 Schedule of Professional Fees
Note: The above is an all-inclusive maximum price, including services, out-of-pocket expenses, meals, lodging, transportation, printing, and other costs.
Service
2023
Hours 2023
Grant Program Audit, including related Audit Reports 186 18,000$ Total 186 18,000$
Position Hours
Standard
Hourly
Rates
Quoted
Hourly
Rates
Quoted
Fee
Partner 22 200 $ 150 $ 3,300 $
Audit Manager 40 150 120 4,800
Professional Audit Staff 123 100 80 9,840 Administrative Assistant 1 75 60 60 Total 186 18,000 $
Comprehensive
Cost Bid
789
City of Richmond Technical Proposal
21 Manner of Payment:
Each Engagement Team member maintains deta iled time sheets describing work performed, date of work, and amount of time spent on each task for the Engagement. The Firm will bill the City after completion of each phase of the audit and bill the City up to a maximum of 90%. The remaining 10% of the proposal amount will not be due until all final reports are delivered and accepted by the City. The City can anticipate three billings as follows:
Work Performed
% of Proposal
Amount
For interim work 45%
For year-end work 45%
At presentation and acceptance of final reports 10%
Total 100%
Rates for Additional Professional Services:
Any services outside the scope of our engagement will be promptly identified before the services are rendered. Upon mutual agreement, the out-of-scope services will be separately billed at our standard hourly rates. While it can be difficult to simply state hourly rates, as often times the needs of the client and the specific tasks directly impact the billing rates for our services, we want to provide the following information regarding our published billing rates:
Position Hourly Rate
Partner $ 200
EQR 200
Mana ger 150
Senior 125
Staff 100
Admin. 75
Our Standard Hourly Rates are adjusted annually by 3% for Cost of Living and Inflation Adjustments
790
City of Richmond Technical Proposal
22 A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to:
Rendering the highest standard of service
Developing a long-term working relationship dedicated to meeting the needs of the City Assisting the City in operational issues
Producing a quality end-product
We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization.
We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal.
Thank you for allowing us to present our Firm to you.
* * * * * * * * * * * * * * * * *
Conclusion
791
City of Richmond Technical Proposal
23 References
1) City of Berkeley
Scope of Work: Annual Comprehensive Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Regist ration Fee Audit (Alameda County), Due Diligence Reviews for the RDA Successor Agency
Engagement Partner: Ahmed Badawi (2008 – 2019), Mitesh Desai (2020 – Present) Address: 2180 Milvia Street, Berkeley, CA 94704
Principal Contact:
Mr. Henry Oyekanmi
Finance Director
(510) 981-7332
[email protected]
2) City of Antioch
Scope of Work: Annual Comprehensive Financial Report, SAS 114, GANN Limit, Single Audit, TDA
Engagement Partner: Ahmed Badawi (2005 – Present)
Address: Third and H Streets, Antioch, CA 94509
Principal Contact:
Ms. Dawn Merchant
Finance Director
(925) 779-6135
[email protected]
3) City of Ontario
Scope of Work: Annual Comprehensive Financial Report, SAS 114, GANN Limit, Single Audit, Housing Successor, West End Communications Authority, West End Fire and Emergency Response Commission, Air Quality Management District Engagement Partner: Ahmed Badawi (2021 - Present)
Address: 303 East B Street, Ontario, CA 91764
Principal Contact:
Mr. Armen Harkalyan
Executive Director of Finance
(909) 395-2019
[email protected]
4) City of Lafayette
Scope of Work: Annual Comprehensive Financial Report, Single Audit, Gann Limit, TDA, Lamorinda Fee and Finance Authority Report, Lamorinda School Bus Transportation Agency Report
Engagement Partner: Ahmed Badawi (2020 – Present)
Address: 3675 Mount Diablo Blvd., #210, Lafayette, CA 94549 Principal Contact:
Ms. Jennifer Wakeman
Assistant Administrative Services Director
(925) 299-3213
[email protected]
5) City of Dublin
Scope of Work: Annual Comprehensive Financial Report, SAS 114, GANN Limit, Single Audit, Measure B, Measure BB, Measure F
Engagement Partner: Ahmed Badawi (2018 – Present)
Address: 100 Civic Plaza, Dublin, CA 94568
Principal Contact:
Mr. Jay Baksa
Director of Finance & Admin. Services
(925) 833-6640
[email protected]
Appendix
792
November 7, 2023
Finance Department
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject:
Approval of Liens and Special Assessments for Unpaid
Garbage Collection Service Fees Due to Republic
Services
FINANCIAL IMPACT: The City will receive $582,605.37 when the balance of the liens is paid, of which $534,590.37 will be remitted to Republic Services, and $48,015.00 in administrative fees will be deposited to the General Fund.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting City Council approval of liens and special assessments for unpaid garbage collection
service fees to be placed on the County property tax
records.
RECOMMENDED ACTION:
ADOPT a resolution authorizing placement of liens and
special assessments for unpaid garbage collection
service fees on Contra Costa County’s property tax
records – Finance Department (Mubeen Qader 510-620-
6740/Antonio Banuelos 510-620-6741).
AGENDA
REPORT
793
November 7, 2023
DISCUSSION:
Richmond Municipal Code Chapter 9.20 entitled “Solid Wastes” requires that property owners have garbage collection services and pay for those services. Richmond property owners are notified in writing of their obligation to have and pay for garbage collection services. Property owners who are five (5) months delinquent in their payments receive a final notification of their outstanding debt and a date for an administrative hearing. The administrative hearings are held quarterly and attended by staff from both Republic Services and the City of Richmond’s Finance Department. If the fees remain unpaid, a lien is placed on the property in the amount of the unpaid garbage collection fees plus associated City administrative fees.
City staff is requesting that the City Council adopt a resolution that authorizes liens and special assessments for unpaid garbage collection services fees to be placed on Contra Costa County’s property tax records. Garbage collection fees are remitted to Republic Services on a yearly basis, after collection of the property taxes. Administrative fees are retained by the City.
DOCUMENTS ATTACHED:
Attachment 1 – Exhibit 1 - Letter from Republic Services Attachment 2 – Exhibit 2 - Garbage Lien Resolution
Attachment 3 – Exhibit 3 - Garbage Preliminary Lien List
794
795
Exhibit 2 - Garbage Lien Resolution
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
LEVYING SPECIAL ASSESSMENTS FOR UNPAID WASTE COLLECTION SERVICE
CHARGES ON CERTAIN LANDS SITUATED IN THE CITY OF RICHMOND,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
WHEREAS, pursuant to Richmond Municipal Code (RMC) Chapter 9.20, Section
9.20.100(b) subscription to waste collection service for all premises is required in the City of Richmond; and
WHEREAS, the premises located in the City of Richmond, County of Contra Costa, State of California, and described in Exhibit A attached hereto and by this reference incorporated herein, were provided with waste collec tion service as required by RMC Chapter
9.20; and
WHEREAS, pursuant to the provisions of Section 9.20.110, th e owners of said premises were notified in writing of their requirement to subscribe to waste collection services and make payments as required by said code section; and WHEREAS, said owners of the premises failed to make payments for waste collection services as required; and
WHEREAS, as a result thereof, the City of Richmond has incurred charges for delinquent waste collection charges and administrative costs, which amounts remain unpaid; and WHEREAS, said delinquent waste collection service charges an d administrative costs are enumerated in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 9.20.110 of the Municipal Code of the City of Richmond, the City Council of the City of Richmond does hereby lien and levy a special assessment aga inst each premises, in the amounts as identified for each specific premise listed in the Exhibit A which is attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that Exhibit A may be amended to delete any enumerated waste coll ection service charges and administrative costs paid before special assessments authorized hereby are forwarded to the County Recorder of Contra Costa County, California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolut ion, together with Exhibit A as may be amended, with the Office of the County Recorder of Contra Costa County, California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to deliver a copy of this resolution to the Director of Finance of the City of Richmond, and that the Director of Finance is authorized to cause the above amounts to be collected in the manner provided by law for collection of special assessments.
796
Exhibit 2 - Garbage Lien Resolution
-------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held November 7, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
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845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
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863
864
865
866
867
868
869
870
871
872
873
874
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876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
November 7, 2023
Finance Department
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Subject:
Resolution Approving an Additional Three Percent
Annual Cost of Living Increase for Recipients of the
General Pension Fund for 2024
FINANCIAL IMPACT: The requested five percent cost of living increase is three percent greater than the minimum required adjustment of two percent. The incremental expense during the
calendar year 2024 of the additional three percent would be $7,233.50. Funding is available within the General
Pension Fund for this increase.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Participating members of the General Pension Fund have
requested that the City Council adopt a resolution
approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living
increase, for the pensioners in the program. Adoption of the resolution will authorize a total annual cost of living increase of five percent for these recipients.
RECOMMENDED ACTION:
ADOPT a resolution approving a three percent annual
cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Andrea Miller 510-620-6740).
AGENDA
REPORT
896
November 7, 2023
DISCUSSION:
The City of Richmond General Pension Fund (the “Fund”) was established for the pension payments of all regular, non-safety retirees of the City of Richmond, who were employed before July 1, 1953. The Fund is now “closed,” meaning all members are now retired and receiving pensions. These retirees do not receive a pension from the California Public Employees’ Retirement System (CalPERS) and do not receive post- employment medical insurance reimbursements from the City. The first pensions were calculated as fifty percent of their annual salary at the time they retired. There are currently three retirees receiving pensions, with an average age of 104, and an average monthly pension of $6,697.69.
On November 6, 1984, the voters of the City of Richmond approved Charter Amendments “K” and “L” providing a two percent minimum cost of living increase for the recipients of the General Pension Fund, commencing January 1, 1985, and authorizing the City Council to increase the recipients’ annual pensions by an additional three percent commencing January 1, 2000. Since January 1, 2000, the City Council has annually approved the recipients’ request for the additional three percent increases for a total of five percent annually.
Participating members of the General Pension Fund have requested that the City Council adopt a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for pensioners in the program for 2024. Adoption of the resolution will authorize a total annual cost of living increase of five percent for these recipients as requested.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Approving 2024 Annual Cost of Living Increase 897
Reso No.____
RESOLUTION NO. ____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING THE ADDITIONAL ANNUAL COST OF LIVING INCREASE FOR RECIPIENTS OF THE GENERAL PENSION FUND FOR 2024
WHEREAS, on November 6, 1984, the voters of the City of Richmond approved Charter Amendments “K” and “L” providing (1) a minimum pension amount of Five Hundred Dollars per month to retired employees or to their eligible dependents; (2) an annual increase of two percent (2%) in their benefits commencing January 1, 1985; and (3) authorization for the City Council to annually increase said benefits by an additional amount of up to three percent (3%) commencing January 1, 2000; and
WHEREAS, the participating members of the General Pension Fund have requested the cost of living increase for 2024 by an additional three percent (3%) over the minimum annual increase of two percent (2%) for a total of five percent (5%).
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the additional annual increase for the year 2024 of three p ercent (3%) for recipients of the General Pension Fund whic h brings the total cost of living increase to five percent (5%) hereby approved.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held _______________, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
898
Reso No.____
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No._____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on ____________.
899
November 7, 2023
Human Resources
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Interim Director of Human Resources
Amy Aaronson, Project Manager
Aaron Osorio, Interim Fire Chief
Subject:
Contract with Restoration Family Counseling Center to
Provide Services to Sworn Fire Personnel
FINANCIAL IMPACT: The fiscal impact is $40,000 for Fiscal Year 2023-2024, $45,000 for Fiscal Year 2024-2025, and $48,000 for
Fiscal Year 2025-2026. The funding is in the current
budget and approved for allocation in the subsequent
years budget (Fire Department Professional Services
01204022-400201)
PREVIOUS COUNCIL
ACTION:
October 24, 2023
STATEMENT OF THE
ISSUE:
City Council approval is required to enter into a
contractual agreement with Restoration Family
Counseling Center to provide Mental Health services for Sworn Fire Personnel.
RECOMMENDED ACTION:
APPROVE a three-year contract with Restoration Family
Counseling Center (RFCC), in an amount not to exceed
$133,000, with a term from October 24, 2023 through
October 24, 2026, to provide mental health services for Sworn Fire Personnel – Human Resources Department
(Nickie Mastay/Sharrone Taylor/Amy Aaronson/Aaron
Osorio 510-620-6602).
AGENDA
REPORT
900
November 7, 2023
DISCUSSION:
The Human Resources Department in collaboration with the Fire Department are requesting City Council approval of a three-year contact with Restoration Family Counseling Center, Inc. (RFCC) to address and to help alleviate the cumulative trauma and stress facing our firefighters by providing comprehensive Peer Support Team training, on-site peer support services, Critical Incident Stress Management (CISM) debriefing, education, trainings, and access to specialized first responder clinicians to educate, train, and support Richmond Fire Department personnel.
Based in Vacaville, California, RFCC is experienced in addressing and treating this type of cumulative trauma in the Fire Service. They have a specialized network of culturally competent mental health clinicians that offer first responder specific counseling services to first responders. RFCC offers on-site critical incident stress debriefing, critical incident stress management training, departmental peer support training, on-site peer support services, and behavioral health services. Several providers were screened yet unable to offer such hands-on services; therefore, RFCC is deemed as a Sole-Source provider of these specialized services.
Most recently, RFCC has successfully implemented peer support services, peer support training, CISM, and first responder specific counseling sessions, outreach, education, and consultation services programs for the City of Vallejo, City of Berkley, City of Vacaville, and City of Fairfield’s Public Safety Personnel.
RECOMMENDATION:
Human Resources, in collaboration with the Fire Department, recommends that City Council approve a three-year contract with Restoration Family Counseling Center for Peer Support Services, which will allow the City of Richmond Fire personnel access to the peer support, peer support training, first responder specific clinical visits, on-demand CISM outreach, education, and training.
DOCUMENTS ATTACHED:
Attachment 1 – Restoration Family Counseling Center Contract
901
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Fire Department
Aaron Osorio, Deputy Fire Chief
[email protected]
(510) 6208021
Provide comprehensive Peer Support Team training, Onsite Peer Support Services, Critical Incident Stress Management (CISM) debriefing, education, trainings, and access to specialized first responder cli
Restoration Family Counseling Center
313 Kendal Street
Vacaville, CA 95688
Sherie Mahlbeg
(707) 3307904
[email protected]
pending
October 24, 2023
October 24, 2026
133,000.00
✔
902
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
Restoration Family Counseling Center
903
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:
See attached scope of service.
Deputy City Clerk
Restoration Family Counseling Center
904
905
906
907
908
909
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.
Aaron Osorio, Deputy Fire Chief
Restoration Family Counseling Center
Fire Department
Aaron Osorio, Deputy Fire Chief
910
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:
Restoration Family Counseling Center
Restoration Family Counseling Center
Aaron Osorio, Deputy Fire Chief
440 Civic Center Plaza
Attention: Sheri Mahlberg
313 Kendal Street
Vacaville, CA 95688
911
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 912
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. 913
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. 914
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 915
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.
916
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 917
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 918
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 919
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 920
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.
921
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 922
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 924
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):
Restoration Family Counseling Center
Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.
Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto, prior to the execution of this Agreement. 925
CITY OF RICHMOND
Sanctuary City Compliance
Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.
Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).
Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ______ ____ , 20__ , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020) 926
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.
Restoration Family Counseling Center
927
___ 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 Li ability 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 Endorsemen t 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 th e 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.
928
___ 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 Applic able 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. 929
___ 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.
930
November 7, 2023
Human Resources
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Interim Director of Human Resources
Aaron Osorio, Interim Fire Chief
Subject:
Resolution Approving a Side Letter to the Memorandum
of Understanding with Fire Unions
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City Council’s approval is required for side letters with the City’s bargaining groups.
RECOMMENDED ACTION: ADOPT a resolution approving a side letter to the Memorandum of Understanding between the City of
Richmond and the International Association of
Firefighters Local 188, regarding eligibility for overtime assignments – Human Resources Department (Interim
Chief Aaron Osorio/Nickie Mastay/Sharrone Taylor 510-
620-6602).
AGENDA
REPORT
931
November 7, 2023
932
November 7, 2023
DISCUSSION:
The Fire Department is facing increased mandated overtime shifts, and a short-term solution is needed. Historically, when the Fire Department was experiencing staffing issues, an agreement was made to temporarily allow members of higher ranks to voluntarily work in lower ranks to reduce the amount of mandatory overtime.
The City of Richmond and the International Association of Firefighters Local 188 Bargaining Unit (Local 188) have engaged in the meet and confer process and the City is bringing forth a side letter, agreed to by the City of Richmond and Local 188, which describes the process by which Richmond Fire Department Captains and Engineers will be allowed to work overtime in the lower rank of Firefighter.
Both parties agree that this side letter shall expire six months from the date of signing unless both parties mutually agree to extend it.
RECOMMENDED ACTION:
It is recommended that City Council adopt the resolution approving the side letter to the Memorandum of Understanding between the City of Richmond and Local 188.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Side Letter
933
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
APPROVING THE SIDE LETTER REGARDING A TEMPORARY OVERTIME
AGREEMENT BETWEEN THE CITY OF RICHMOND AND THE
INTERNATIONAL FIREFIGHTERS ASSOCIATION LOCAL 188
WHEREAS, the City has negotiated in good faith with International Association of Firefighters Local 188, regarding mandatory overtime issues; and
WHEREAS, the parties have executed a Side Letter on term for a temporary overtime agreement for Firefighters, Fire Engineers, and Fire Captains; and
WHEREAS, the Side Letter shall not bind the parties until they are ratified by a majority of the International Association of Firefighters Local 188 and ratified by the City Council; and
WHEREAS, the Side Letter will establish a temporary overtime agreement for the above identified classifications; and
WHEREAS, the adoption of this Side Letter will support a stable and amicable labor relations environment in the City.
NOW THEREFORE, BE IT RESOLVED, that effective November 7, 2023, that the City Council of Richmond approves the Side Letter between the City of Richmond and International Association of Firefighters Local 188 regarding a temporary overtime agreement, the terms of which are set forth and marked as Exhibit A to this resolution.
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
934
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
935
936
937
Ag reement Between
Richmond Fire Department and International
Firefighters Association Local 188
overtime staffin� selection
December.
2. Additionally, during the term of this Agreement, Policy 103.04 Section C.4 will be temporarily modified to read as follows (bold areas added):
C.4 If a person volunteers to work the mandatory overtime after it has been assigned, that person would relieve the last person who was mandated ('last mandated, first to go home'), using the following procedure:
• The person volunteering to work overtime shall contact the mandatory overtime personnel in order of last assigned to first assigned. If any person accepts relief, both shall notify the Battalion Chief, who shall update the roster.
• A person already assigned mandatory overtime shall have the right of refusal to keep the mandatory overtime.
• A person may only be relieved of their mandatory overtime if they are the last person mandated or the person below them has been offered relief and opted to keep the mandatory overtime.
• Mandatory overtime relief in an employee's current rank will take precedence over mandatory overtime relief in a lower rank. • Members agreeing to work overtime in a lower rank will be subject to existing mandatory overtime policy in their assigned rank. This will not be included in the Telestaff rules for mandatory in the lower rank.
3. Duration.
The temporary changes in Department policy set forth in this Agreement will be effective from November 7, 2023 to May 7, 2024. The Agreement expires at the end of the day on May 7, 2024 but may be amended and/or extended by written mutual agreement of the Parties.
4. Non-Waiver.
Nothing in this Agreement shall constitute or be deemed a waiver of the City's , Local 188's or individual member's existing rights, privileges, past practices or terms and conditions of the Memorandum of Understanding ("MOU") between Local 188 and the City of Richmond.
5. Non-Modification.
This Agreement is not intended to supplant or modify any terms or conditions of the existing MOU. In the event of a conflict between this Agreement and the MOU, the more specific terms shall control.
938
939
November 7, 2023
Information Technology
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Sue Hartman, Director of Information Technology
Subject:
Sole-Source Agreement with ParcelQuest for Land-
Based Property Data Subscription and Online Licenses
FINANCIAL IMPACT: Funding in the amount of $50,000 is allocated from the Information Technology operating budget (account:
01261017 400702).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The City needs online data from ParcelQuest for access
to property data updated directly from the County
Assessor’s Office. This application is necessary to
maintain our City of Richmond land-based parcel data
information.
RECOMMENDED ACTION:
APPROVE a sole-source agreement in the amount of
$50,000 with ParcelQuest for an annual property data
subscription and online license use, with a term from
October 1, 2023, through September 30, 2024 –
Information Technology Department (Sue Hartman 510-
620-6874).
AGENDA
REPORT
940
November 7, 2023
DISCUSSION:
ParcelQuest works directly with the County Assessors' Office to receive and integrate updated property data into its different products. This direct relationship distinguishes ParcelQuest from other providers of property information. It also ensures that licensees receive data that is synchronized with that of the County Assessors’ Office. This feature is critical for City operations as City property-related databases aim to mirror those of the County to the utmost extent possible.
DOCUMENTS ATTACHED:
Attachment 1 – Agreement with ParcelQuest
Attachment 2 – Sole Source
Attachment 3 – IT Authorization Form
941
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
942
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
943
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
, perform the Contractor shall, to the satisfaction of theIT Director following services and be compensated as outlined below:
944
PARCELQUEST ONLINE PURCHASE AGREEMENT This ParcelQuest Online Purchase Agreement (“Agreement”) is entered into between ParcelQuest, a California corporation (“ParcelQuest”), and City of Richmond (“Customer”) (collectively, the “Parties,” or individually, a “Party”). This Agreement is effective upon execution by ParcelQuest (“Effective Date”). The Parties agree as follows: I. DESIGNATED USERS: Customer is purchasing, and ParcelQuest shall provide, for the fees described in this Agreement, the number of Logins shown in the Total column of Table 1 below. Each Login shall provide access to the Online Service Website according to one of the Service Levels listed below and, in the quantities, shown in each Service Level column. The number of Logins shown in the Total column should equal the sum of the number of Logins shown in each Service Level column. Features available at each Service Level may change from time to time according to definitions published on publicly available areas of the Online Service Website. Such changes shall not affect the validity or enforceability of any part of this Agreement, including but not limited to the fees due under the terms of this Agreement. Service Level Navigator Aviator Total Designated Users 25 0 25 Table 1: Designated Users by Service Level II. FEATURE ACCESSES & FEES: Customer is purchasing, and ParcelQuest shall provide, for the fees described in this Agreement, the quantity of Included Feature Accesses per Month per Designated User according the Service Levels shown in Table 2 below. Feature Accesses made by Designated Users in excess of the Included Feature Access quantities listed shall be charged according to the Cost Per Additional Feature Access shown. Feature Included Feature Accesses Per Month by Service Level Cost Per Additional Feature Access Description (for informational purposes only)
Navigator Aviator Searches Unlimited Unlimited $0.00 Clicking the “View Results” button on the Search screen Property Profiles Unlimited Unlimited $0.00 Viewing any of the Detail screens (Assessor, Docs & Sales History, etc.) Labels 10,000 10,000 $ 0.10 Label – Mailing – w/ or w/o APN Label – Situs – w/ or w/o APN APN Maps Unlimited Unlimited $0.00 Clicking on a hyperlink to get an Assessor Parcel Map Document Images 0 0 $ 5.00 Purchasing documents in the Docs & Sales History tab or using the hyperlinks on the Assessor Data detail screen. Docs & Sales History Report 0 Unlimited $ 19.95 Clicking the “Print PDF” button on the Docs & Sales History Screen Export Mailing data 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address Export Values data 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address, Values Export Complete data record or List View 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address, Values, Chars; or List View Export Default Tax data Not Available 10,000 $ 0.10 CSV – Default Tax Export Parcel Shapes with Mailing data 0 0 $ 3.00 ESRI – Address KML – Address Export Parcel Shapes with Values data 0 0 $ 3.25 ESRI – Address, Values KML – Address, Values Export Parcel Shapes with Complete data record 0 0 $ 5.00 ESRI – Address, Values, Chars KML – Address, Values, Chars *List View Exports are calculated based on the data elements in the exported list; whether from Mailing, Values, or Characteristics. Table 2: Feature Access by Service Level 945
III. SERVICES, DELIVERY & FEES: ParcelQuest shall provide Customer with the Services listed below via the delivery method listed below. Customer shall pay to ParcelQuest the Licensing Fees set forth below. A. SERVICES & FEES ONLINE SERVICE Service Level Annual Fee Per User Number of Users Extended Fee Discount Annual Fee Navigator $1,500 25 $37,500 $37,500.00 Quarterly Bulk $2500 1 $2500 $2,500.00 TOTAL $40,000.00 B. INITIAL DELIVERY & ACCESS: Where applicable, ParcelQuest agrees to make its best efforts to provide Customer with initial access to the Services within five (5) days of the execution of this Agreement. IV. CUSTOMER’S USE: Customer shall use the Services for internal business purposes only. Customer shall not resell, relicense or redistribute the Services in whole or in part. V. TERM AND PAYMENT SCHEDULE: A. TERM: The Initial Term of this Agreement begins at 12:01 a.m. on October 31, 2023 and ends at 11:59 p.m. on October 30, 2024 (One Year). B. RENEWAL TERM(S): This Agreement will automatically renew for a term of one-year unless either party notifies the other, in writing, certified mail, return receipt requested, of its intention not to renew, not less than ninety (90) days prior to the expiration of this Agreement. The fee structure for any renewal term will be the same as the prior twelve (12) month period unless ParcelQuest notifies Customer of a change in fees not less than thirty (30) days prior to the expiration of this Agreement. C. PAYMENT SCHEDULE: For the Initial Term of this Agreement, fees will be due and payable to ParcelQuest according to the following schedule. ParcelQuest will make its best effort to send an invoice to Customer 30 days prior to each due date, however, Customer is responsible for paying all fees by the respective due dates shown here whether or not Customer has received an invoice from ParcelQuest prior to any particular due date. Customer’s receipt of an invoice from ParcelQuest less than 30 days prior to a due date shown here does not constitute an extension of the due date. For any Renewal Term the due dates will be the same as in the final year of the Initial Term. DUE DATE AMOUNT DUE 30 days from the Effective Date of this Agreement $40,000.00 TOTAL $40,000.00 946
D. CLIENT BILLING INFORMATION: All ParcelQuest invoices will be sent to Customer per the following Customer-provided billing contact information and special instructions. Customer agrees to notify ParcelQuest in writing per the following ParcelQuest billing contact information within 30 days of any changes to Customer’s billing information or instructions. Failure to notify ParcelQuest of any such changes within 30 days of the change may result in late fees or collection costs being added to Customer’s balance due. Such fees will not be waived by ParcelQuest. Customer’s Billing Contact Information Billing Contact: City of Richmond Department: Finance Department Company: City of Richmond Address: 450 Civic Center Plaza City/St/Zip: Richmond, CA 94804 Phone: 510-620-6923 Email: [email protected] Preferred Pmt Method: Check ParcelQuest’s Billing Contact Information Billing Contact: Accounts Receivable Company: ParcelQuest Address: 193 Blue Ravine Road, Suite 120 City/St/Zip: Folsom, CA 95630 Phone: 916-817-2211 Email: [email protected] THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PARCELQUEST (“PARCELQUEST”) By: _______________________________________ Name: _____________________________________ Title: ______________________________________ Effective Date: _______________________________ Address: 193 Blue Ravine Road, Suite 120 Folsom, California 95630 Phone: (916) 817-2211 City of Richmond By: ______________________________________ Name: ____________________________________ Title: _____________________________________ Date: _____________________________________ Address: __________________________________ __________________________________ Phone: ____________________________________ 947
ParcelQuest Quote for City of Richmond Quote Date: 10/03/2023 QuoteID: 8310 Service/Region Freq/Group Price Each Qty Yrs Discount Adjusted Line Total ParcelQuest.com Account Navigator 25+ $1,500.00 25 1 0% $37,500.00 Contra Costa County - Bulk Data Quarterly $2,500.00 1 1 0% $2,500.00 Subtotal $40,000.00 Shipping $0.00 Interest (1.5000%) $0.00 Sales Tax (8.00000%) $0.00 Grand Total $40,000.00 Michael Urbani Senior Account Executive 193 Blue Ravine Road, Suite 120 Folsom, California 95630 948
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. 949
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 951
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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 952
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 953
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 954
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
955
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 956
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 957
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 958
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 959
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.
960
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 961
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.
962
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. 963
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):
964
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.
965
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: June 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.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
966
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: June 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 Applic able 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.
Claims-Made Policies
967
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
R
evised: June 2011
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.
968
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Exhibit G.
969
970
971
10 10 23
972
973
974
975
November 7, 2023
Library and Community Services
Employment & Training
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division
Subject:
Approve contracts with the Roots of Success of America
and Richmond Community Foundation
FINANCIAL IMPACT: The contract will be funded entirely by the California for All Youth grant from California Volunteers - Office of the Governor. The Employment and Training Division has
budgeted for non-grant funds in its operating expenses
budget to be allocated for contractual services. All
expenditures associated with this program are grant
funded and will be reimbursed to the city. There will be no fiscal impact upon the City’s General Fund.
(12572641-400538-27A01)
PREVIOUS COUNCIL
ACTION:
N/A
AGENDA
REPORT
976
November 7, 2023
STATEMENT OF THE
ISSUE:
The Employment and Training Division is seeking
approval of contracts with Roots of Success and
Richmond Community Foundation to provide workforce
training and employment opportunities for up to 20 youth each, to facilitate peer financial workshops, career path content creation, social media content creation (career pathways), and to lead youth roundtable career pathway
discussions.
RECOMMENDED ACTION: APPROVE contracts with (1) Roots of Success in the amount of $180,000, and (2) Richmond Community
Foundation in the amount of $150,000, to provide
workforce training and employment services for up to 20 youth each, for a term commencing October 18, 2023,
and ending December 30, 2024 – Community Services
Department, Employment and Training (LaShonda White
510-620-6828/Tamara Walker 510-307-8006).
DISCUSSION:
The City of Richmond’s Employment and Training Division (E&T) was awarded $2,972,695 from California Volunteers, Office of the Governor. These funds were allocated to provide Richmond youth and young adults, ages 16 – 30, with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries (Attachment 1).
On June 26, 2023, E&T re-released a Request for Proposal (RFP) to community-based organizations to support the delivery of services under the California for All Youth grant (Attachment 2). E&T received and scored two (2) applications – one from Roots of Success and one from Richmond Community Foundation (also known as RCF Connects) (Attachment 3). Based on the scores and qualifications of both organizations, E&T is recommending entering into contracts with both organizations.
E&T is seeking City Council approval to enter into contracts with Roots of Success for $180,000, and Richmond Community Foundation for $150,000, and appropriate funds from its grant funding from California Volunteers, Office of the Governor to partner with Youth Finance Institute of America to provide workforce training and employment opportunities for up to 20 Richmond youths, respectively.
Roots of Success program participants will participate in a Department of Apprenticeship Standards (DAS) registered pre-apprenticeship in Environmental Literacy and Job Training. The program will provide 20 participants with the knowledge, skills, inspiration, and credentials they need to access entry-level jobs and career pathways in environmental and advocacy fields.
977
November 7, 2023
Richmond Community Foundation will utilize the funds to support the Strive for Greatness: Facilitation Fellowship for Richmond Black Women & Girls program.
Program participants will be trained in the skill of facilitation for in-person and online spaces.
These partnerships will provide public speaking training, facilitation training, job preparedness training, workplace skills training, and community service opportunities that will allow program participants to gain work experience which will enhance their qualifications and advantages toward their ultimate career success. Each participant will be allowed to work a maximum of 500 hours at $20 per hour. E&T will be responsible for payroll functions. The City of Richmond, by supporting this program, will aid in building the next generation of skilled Richmond workers.
DOCUMENTS ATTACHED:
Attachment 1 – California for All Youth Grant
Attachment 2 – California for All Youth RFP
Attachment 3 – Scoring Rubrics – Roots of Success and Richmond Community Foundation
Attachment 4 – Roots of Success Contract
Attachment 5 – Richmond Community Foundation Contract
978
2. The term of this Agreement is:
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 6/27/2022
6/27/2022
979
City of Richmond For All Youth Workforce Development Program RFA#JP12-002
Section 1: Program Goals
The COVID-19 pandemic and accompanying economic downturn are having staggering effects on young adults. Young people are typically among the hardest-hit groups during recessions and getting off to a bad start in the labor market can have long-term effects.
Prior to the pandemic, young people aged 16 -24 were already disproportionately adversely affected in the labor markets compared to other age groups. Even as the nation enjoyed record low unemployment rated between 2016 and early 202, young people experienced unemployment rates twice as high as the national average. Experts estimate that the number of young people between the ages of 16 -24 who are not in school or working will easily top 6 million and could swell to almost one-quarter of all young people.
Thus, young people are facing a catastrophic crisis, and we can’t wait to act. The window for action is open, but we need to move swiftly. We need a society, economy and community designed to care for all people, especially young people, who are the most important and most affected stakeholder when talking about our global future.
Therefore, the City of Richmond has made young people the heart of it’s COVID-19 recovery by helping them prepare for work and life as engaged citizens. Richmond has prioritized education, civic engagement, and employment for Richmond youth.
Our goals are as follows:
• Improve the health and well-being of the community by providing valuable educational, social, and environmental services
• Prevent long-term unemployment among young adults and reduce economic hardship. • Help young people prepare for future good jobs by offering a more affordable route to postsecondary education and giving them the chance to learn new skills, gain work experience, and expand their social and professional networks. • Rebuild civic and social connections by bringing participants from different backgrounds, income levels, races, ethnicities and area of the city together to share experiences to solve public challenges.
Section 2: Program Design
City of RIchmond
#JP2002
Exhibit A Scope of Work
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 980
We cannot fail in the crucial task pf promoting equal opportunities for all young people to thrive.
The pandemic has interrupted the education, socialization, and employment of tens of millions of children and young adults – disproportionately hurting those from low-income families and communities of color.
As we recover, we must aim higher and think bigger, rather than returning to the economic and social status quo.
It is our responsibility, as local government, to provide an avenue for young people to support themselves financially, carry out meaningful and productive work, learn new skills, and expand their networks to prepare for a leadership role in the future.
The City of Richmond For All Youth Workforce Program is designed and administered by Richmond YouthWORKS, a department within the city, in partnership with the Richmond Police Activities League, RichmondBuild, Richmond YouthBuild, Richmond Office of Neighborhood Safety, Richmond Police Cadet, Richmond Fire Department Explorers, West Contra Costa Unified School District, THIMBY, and Contra Costa College.
All program partners have over 10 years of providing youth development and employment and training opportunities for at-risk, low income Richmond youth.
In addition, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program.
The program will target 150 at-risk, low-income Richmond youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, or have aged out of the foster care system. We will serve a minimum of 75 youth per year in year-round/summer employment opportunities beginning May 1, 2022.
The program will focus on building and expanding career pathways, addressing climate control and food insecurities, and provide meaningful service opportunities to assist COVID-19 recovery in the community.
Each youth referred to the program will go through an intake process which includes a resiliency and needs assessment. Upon completion of their assessments, each participant will receive a Career Action Plan. A career action plan is a dynamic planning document owned and managed by young people intended to reflect their increased career development learning. The plan helps young people: set their goals. clarify the actions needed to achieve these goals.
Participants can participate in the following programs:
• Career Support – All participants will be required to attend our Career Support workshops. The workshops designed to prepare youth for employment providing soft skills training in order to increase the youth’s employability in a short amount of time.
The workshop is comprised of modules on professionalism, workplace conflict resolution, workplace safety, financial management, resume writing, job search and interview techniques and job retention.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 981
• Life Skills – All participants will be required to attend our Life Skills workshops. The workshops give youth the ability to learn new skills that increase their understanding of the world around them and equip them with the tools they need to live a more productive and fulfilling life; to finding ways to cope with the challenges that life, inevitably, throws at them.
• Public works and environmental conservation/restoration program – Participants will address long-standing conservation, restoration, and climate change needs such as maintenance backlog in public parks, and coastal ecosystem restoration, neighborhood beautification, and disaster preparedness as a result of COVID-19. • RPAL Farm, Garden and Culinary Arts program – Participants will be introduced to the local agricultural industry and build new and essential life skills through farming, gardening, cooking and food literacy. Young people will have the ability to make healthy food choices by having the skills and knowledge necessary to buy, grow, and cook food with implication for improving individual, family, and community health. • Tiny House In My Backyard (THIMBY) – Participants will participate in the design and construction of carbon neutral, off-grid capable transitional housing for low-income and unhoused Richmond residents. This student-led housing initiative was developed by UC Berkeley students to address the acute housing crisis in the region, which has been especially exacerbated in the wake of COVID-19.
• Public Service & Safety Corp – A career pathway program and pipeline that teaches the critical skills needed for and entry into public service and safety careers. • RichmondBuild and YouthBuild - Participants work toward their GEDs or high school diplomas (if appropriate), learn job skills, and work on community projects. The program provides participants with intensive hands-on training in industry-recognized certifications and supports their progress toward a lucrative career in the construction industry.
Section 3: Youth Recruitment/Development
Participants for the City of Richmond For All Youth Workforce Development program are at- risk, low-income Richmond Youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, and/or have aged out of the foster care system.
There are various entry points into to the program; inhouse recruitment and partnering agencies referral. Richmond YouthWORKS is a youth development program that focuses on provided employment and training opportunities to Richmond youth ages 16 – 24.
Richmond YouthWORKS along with RichmondBuild and Richmond YouthBuild are under the auspices of the City of Richmond’s Employment & Training Department and will be a pipeline for recruitment.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 982
In addition, the department, in partnership with West Contra Costa Unified School District, Contra Costa Office of Education, and Contra Costa Community College, provide employment opportunities for 500 Richmond youth during the summer.
Furthermore, we receive referrals from law enforcement agencies, community-based organizations, probation, and independent living programs.
Lastly, the City of Richmond utilizes several outreach platforms to provide information to the community. These platforms include:
• Television station
• Mayor’s weekly blog
• Community Newspaper
• City Manager’s weekly report
• Social media outlets (i.e., Facebook, Twitter, Instagram)
As stated above, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program. These services include:
• Case Management,
• Transportation assistance,
• Referral to substance abuse treatment and mental health counseling, • Assistance with childcare,
• Assistance with housing,
• Legal aid services,
• Referrals to healthcare,
• Assistance with uniforms and other work attire and work-related tools and gear, • Assistance with book, fees, and school supplies, and
• Payments for fees for employing and training-related applications, tests, and certifications.
Section 4: Metrics/Outcomes
As a workforce development system, we are competent in data collection for outcome measures.
We are very confident in our ability to provide the required metrics for the grant.
We have the capability and capacity to utilize our current MIS system, CalJobs, to capture the required outcome metrics which are aligned with the Workforce Innovation and Opportunity Act (WIOA) metrics that govern our funding.
Section 5: Budget/Staffing/Communication
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 983
The City of Richmond commits to using CaliforniaVolunteers developed branding for this program and will participate in CaliforniaVolunteers-organized training/curriculum if required.
In addition, if funded, we would be interested in participating in a program launch media event with CaliforniaVolunteers.
TOTAL: $2,972,695
Category Amount Total Budget Narrative
Year 1 Year 2
Staffing
(3) FTE Employment Program
Specialist
Administrative/MIS Staff
.5FTE
$177,444
$40,004
$186,300
$41,862
$363,744
$81,866
3 FTE Employment Program Specialist responsible
for outreach, case management and job placement.
Cost of living increase in Year 2.
Responsible for program support, tracking and
reporting of program outcomes, and support for
outreach and recruitment
Benefits @.45% $18,002 $18,838 $36,840 Calculated at .45% Supplies (tools, uniform, wood,
nails, paint)
$10,000 $10,000 $20,000 The total budget for supplies equals $20,000, and includes $10,000 for the cost of
construction supplies and consumables to be used in
the construction training lab, and uniforms and safety
equipment for participants. An additional $10,000 is
included for the cost of hand and power tools for use
by participants.
Contractual
Richmond Police Activities
League Farm, Garden, Culinary
Program
Contra Costa College
$100,000
$50,000
$100,000
$50,000
$200,000
$100,000
Contract with the Richmond Police Activities League
to administer the Youth Farm Safety Education and
Certification Program.
Contract with Contra Costa College to administer the
Public Service and Safety certification program.
Other
Supportive Services
Participant Wages = 150 youth
X $20/hr. X 500 hours
$200,000
$750,000
$200,000
$750,000
$400,000
$1,500,000
Costs associated with providing wraparound services
(see description of wraparound services above)
Costs for participant wages will equal $10,000 per
participant, for a total of $1,500,000 for 150
participants (75 per year) in year-round and summer
program.
Administrative Cost (10%) $134,545 135,700 $270,245 Charges for “Other” also include administrative costs calculated at 10% of the
total federal request of $2,702,450, and equal
to $270,245.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 984
City of Richmond
#JP2002
Applicant:
Items Description Calculation Total Budget
Administrative Costs General purpose staff,
including office staff,
Director, fiscal staff and
item such as office supplies,
internet access, office
postagecopier cost, etc.
.1FTE Director
.1 Administrative
Analyst
.2FTE Fiscal Support
10% of office
expenditures
255,495.00$
Total 255,495.00$
# Requested Hourly Salary # of Hours Total Budget
150 $20/hr 500 1,500,000.00$
Total 1,500,000.00$
Items Description Calculation Total Budget
FICA for Fellows Social Security & Medicare 150 X $500 X 7.65% 114,750.00$ Worker's Compensation
Health Care
Total 114,750.00$
Items Description Calculation Total Budget % Allocation Cross Check Support Services Transportation assistance,
Referral to substance abuse
treatment and mental
health counseling,
Assistance with childcare,
Assistance with housing,
Legal aid services, Referrals
to healthcare, Assistance
with uniforms and other work
attire and work-related tools
and gear, Assistance with
book, fees, and school
supplies, and Payments for
fees for employing and
training-related
applications, tests, and
certifications.
150 X $2000 300,000.00$
Case Management Work collaboratively to
engage the Youth and
other support team
members in the
identification of strengths
and needs which support
the development and
implementation of a service
plan.
3FTE (includes
benefits)
.5FTE MIS (includes
benefits)
$ 482,450.00
CTE Certification Offer CTE courses through
the local community
college for participants
obtain CTE certificates and
college credit.
3 contract
education courses
at the community
college with
support staff @
$33K/each
$ 100,000.00
Community Garden To develop a community
garden that allows the
community to grow their
own fresh fruits and
vegetables.
supplies and staff
for the gardening
education and
supplies for the
garden
$ 200,000.00
Supplies
tools, uniform, wood, nails, paint,
seeds, dirt
Supplies needed for
beautification
project and
community farms.
$ 20,000.00
Total 1,102,450.00$ 37.1%
Total Budget Request 2,972,695.00$
Total # of Fellows 150
Partner Status (Proposed or Secured) Contractual Amount Richmond PAL Proposed 200,000.00$
Contra Costa College Proposed 100,000.00$
Total 300,000.00$
Exhibit B Budget Detail
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) City of Richmond
II. CaliforniansForAll Youth Workforce Fellows - Wage
I. Administration (Must Not Exceed 10% of Direct Award Amount) DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 985
City of Richmond
Agreement #JP2002
EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Richmond
BUDGET PAYMENT PROVISIONS
1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].
2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 986
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.
Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 987
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:
Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 988
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.
Invoicing Deadlines:
Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.
Financial Reporting Metrics:
Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 989
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:
Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 990
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.
Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID- 19/State_Fiscal_Recovery_Fund/
• State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID-
19/State_Fiscal_Recovery_Fund_Reporting_Portal/
Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 991
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 992
Request for Proposals
California For All Youth
Release Date: December 12, 2022
Deadline for Submittal
January 6, 2023
5:00pm
Contact: Itza Gonzalez
Email: [email protected]
Phone Number: 510-307-8023
City of Richmond
Employment & Training Department
993
RICHMOND – CALIFORNIA FOR ALL YOUTH GRANT PROGRAM
GUIDELINES AND APPLICATION
TABLE OF CONTENT
California For All Youth Background 3
Eligibility Requirements 3
Grant Award Amounts 4
Eligible Uses of Grant Funds 4
Ineligible Uses of Grant Funds 5
Fiscal Sponsorships 6
Collaborating Organizations 7
Metrix and Reporting 7
Application Submission Requirements 8
Application Submission Details 9
Payment Provisions 9
Review Criteria 9
Application Review and Selection Process 10
Application Deadline 10
Late Application or Modification to Applications 10 Schedule 11
Questions or Addendums to the Application 12
Proposal Format Guidelines 12
Process for Submitting Proposals 13
Grantee Requirements 15
City Staff Contact 15
General Terms and Conditions 16
Exhibits 19
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INTRODUCTION
The City of Richmond is requesting proposals from qualified agencies to provide workforce development and training services to Richmond youth, ages 16 – 30. This request for proposal (RFP) describes the project, the required scope of services, the agency selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of 18-months and an option to renew for six additional months by means of a mutual agreement of both parties.
Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
PROJECT BACKGROUND / DESCRIPTION
On October 2022, the Richmond City Council Approved the California for All Youth Workforce Initiative which will invest $2.9 million dollars, over the next 18 months, to enhance and expand workforce development programs intended to assist youth job seekers in obtaining employment, education, training and support services necessary to succeed in today’s labor market and compete in the global economy.
The funding in this Request for Proposal (RFP) supports programs delivered through The California For All Youth Workforce Program; a Governor’s initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to strengthen the city’s capacity to address key areas of:
climate,
food insecurity, and
local COVID-19 recovery.
ELIGIBILITY REQUIREMENTS
Organizations must meet the following condition to be eligible to apply for a grant:
Are a nonprofit 501(c)(3) organization, registered with the Internal Revenue Service and in good standing with the State of California’s Registry of Charitable Trusts. Are not debarred or suspended from participation in local, State or Federal programs. Provide services to Richmond residents (Richmond-serving) o A minimum of 80% of the organizations proposed grant-funded program/services must be provide to Richmond residents. If awarded, grant funds can only be spend serving Richmond residents.
Meet all minimum qualifications as described in Section I & II below. Can comply with all local, state, or federal laws and regulations if funded.
995
GRANT AWARD AMOUNTS
Initial grant awards for the following will be funded through State funds are available through Item 0650 -163-8506 (California Volunteers - Coronavirus State and Local Fiscal Recovery Funds) of the 2021 Budget Act. These funds were made available to California Volunteers through an investment by the Governor and the Legislature. Coronavirus State and Local Fiscal Recovery Funds, though administered through the State of California and California Volunteers, are federal sti mulus funds associated with recovery from the COVID -19 pandemic. City of Richmond will grant funds directly to eligible CBOs on a reimbursable basis.
Grant allocation amount: The amount available for the grant cycle is $1,100,000.00.
Minimum and Maximum grant awar ds: The mi nimum grant award amount is $ 50,000. The maximum grant award amount is $200,000. The number of awards available will be determined based on the amount of each award.
Number of applications per grant cycle: Organizations may sub mit up to two applications per grant cycle.
ELIGIBLE USE OF GRANT FUNDS
The program has three primary goals:
Increase youth employment
Develop career pathways
Strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery
City of Richmond will subgrant all parts of the funding to existing CBOs providing youth workforce development programming , ex cluding wages for youth participants. Subgrantees under supervision of the city of Richmond are responsible for selecting or creating training and job opportunities and recruiting, hiring, and managing participants.
Funding can be used to create new programming or expand exist ing youth workforce programs within the requirements of this grant. Programming can be run year -round or as an intermittent summer program. Regardless of program length, all participant positions must be 50% FTE - 100%.
All participants must be Richmond residents between 16-30 years of age. Priority should be given to youth who:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system
996
Priority applicants (meeting two of above criteria) should make up no fewer than 75% of selected participants.
Examples of eligible projects or programs may include, but not limited to, the following:
Urban Forestry
City Beautification
Community Food Distribution/Food Banks
Community Service Special Events
Senior Services
Public health/healthcare services
Information Technology
Urban and Community Farming
Public Safety Initiatives
Sustainable Energy
Indirect administrative costs incurred should not exceed 10% of total direct costs, pursuant to federal guidance. Up to 40% of total direct costs may be used for wraparound services for participants. This can include services such as:
transportation stipends/awards,
job readiness training,
case management, or
other services likely to help participants succeed in the program and/or gain employment after completion of program.
All participants will receive a wage of $20/hr. (not to exceed 500 hours) that will be paid by the City of Richmond Employment & Training Department.
INELIGIBLE USE OF GRANT FUNDS
Participants may not partake in activities that require high levels of safety precautions.
Participants may not partake in activities that require specialized training unless that training is provided by subgrantee. All expenditures and activities must comply with Coronavirus State and Local Fiscal Recovery Funds requirements, federal procurement requirements, and other state and/or federal laws and regulations.
In addition, grant funds may not be used for the following reasons:
Repayment of existing debt or pre-existing tax liens or obligations Legal, loan, or bank fees
Subsidization of existing contracts
Political campaigns or lobbying
Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated 997
groups)
Fundraisers or other events not open to the general public A project or program which is clearly intended for commercial gain A project or program that occurs before or after the grant award period Support of individuals
For businesses established for personal benefit or profit To support annual fund drives
To fund an agency’s deficit or endowment
To repay loans
Furniture
Cell phones
Bonuses
For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.
FISCAL SPONSORSHIPS
What types of organizations should utilize a fiscal sponsor? A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.
What is fiscal sponsorship?
Fiscal sponsorship allows organizations without 501(c)(3) tax status to apply for the ECIA grant, as well as other grants that require an organization to have such status. A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.
How does a fiscal sponsorship work for the California For All Youth grant process?:
The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee. Fiscal sponsors can also apply for grants.
In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.
998
COLLABORATING ORGANIZATIONS
Through this grant program, the City strongly encourages applicants to collaborate with other organizations such as school districts, adult schools, community colleges, and training facilities. Collaboration is a mutually beneficial relationship to meet a common goal.
Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies.
METRICS AND REPORTING
Subgrantees will be required to report the following metrics monthly:
Number of youth participating in program.
Number of youth employed in each focus area.
Number of youth enrolled in job training/readiness programs. Number of youth completing job training/readiness programs. Number of youth participating in summer program (if applicable). Average wage and hours worked of participants across program. Information/data/member stories will be requested for annual report.
Additionally, subgrantees will be required to report monthly:
Number of youth employed in program who were previously unemployed. Number of youth who complete full program (1 year or summer program). Percentage of youth employed in program who remain in college or stable employment.
Percentage of youth employed after completion of program. Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.
Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.
Percentage of youth employed in public service after one year of employment • Job training evaluations.
999
APPLICATION SUBMISSION REQUIREMENTS
The following materials must be submitted as part of a complete application packet by 5:00 p.m. on Friday, December 30, 2022, to be considered for funding (feel free to use this section as a checklist). The inability to adhere to the requirements below may impact an organization’s overall scores:
Completed application
Five (5) pages
Applicant Organizational Budget
Applicant Program Budget
Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service) or fiscal sponsor’s corresponding documents Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements. List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents
Signed agreement between the organization and the fiscal sponsor, if applicable “Active” status with the California secretary of State (https://businesssearch.sos.ca.gov/)
NOTE: Application submitted by organizations not identified with “active” status will be disqualified.
For organization with 501(c)(3) tax status, City staff may check websites such as Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather information about the applicant organization.
APPLICATION SUBMISSION DETAILS
Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents.
The responses to the application questions shall be limited to eight (5) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
All submitted materials should be typed in a 12-point font size and Times New Roman font style. Applications must be easily reproducible on a standard copying machine.
All costs incurred in the preparation of an application are the applicant’s responsibility.
1000
Applications must be completed and submitted electronically via www.ci.richmond.ca.us/ECIAapplication by Friday, December 30, 2022, at 5:00 p.m.
Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.
PAYMENT PROVISIONS
This is a reimbursable grant. An initial advance payment of twenty-five percent (25%) of the total award amount will be advanced to all grantees as part of the application award process.
The remaining funds will be released upon the submission of complete and adequate reporting and invoicing documentation. The final ten percent (10%) will be reserved until the completion of the grant program and final submittal of all required documentation. Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.
REVIEW CRITERIA
All submitted application, which comply with the grant requirements, will be evaluated, and rated using the criteria listed below. The maximum score than an application receive is 100 points from criteria areas #1 – 4 and an extra 10 points program deliver included (10 points) Total Points Available for Criteria Area #1-5: 100 Points
20 Agency History & Capacity - The extent to which the respondent demonstrates a history of successfully implementing youth and workforce development programs and achieving outcomes. Evidence should include previous experience with diverse communities and youth, program integration, case management, and successful data tracking and performance outcomes.
45 Program Design - The extent to which the proposed plan and services are clear and specific, including recruitment, frequency of programming, average number of clients to be served over the course of the grant, location of services, and extend of proposed services to be delivered.
20 Staffing Experience & Qualification – The extent that staffing is sufficient for the level of services proposed, and staff are qualified and reflective of the communities to be served.
15 Budget Request & Justification – The extent that the budget is clear and reasonable in cost to support the proposed level of services and provides adequate justification of proposed costs.
EXTRA POINTS
10 Collaboration – To the extent that program services include collaborations with local training institutions that offer Occupational-skills or Industry-recognized certifications.
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APPLICATION REVIEW AND SELECTION PROCESS
The City's overall objective is to award grants to highly qualified organizations that provide needed services to Richmond youth. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent. Applications will be evaluated and scored by Review Panel (Review Panel) consisting of no more than four (4) individuals residing in or employed in Richmond (not City of Richmond employees).
The selection process is divided into the following steps:
1. Applications are received by the due date.
2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.
3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation to City Council. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.
4. The Review Panel’s recommendations are forwarded to the City Council for review, discussion, and approval.
Any party applying shall not contact or lobby any City Council member Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, application submittal, and/or review process may have their application rejected for violating this provision of the RFP.
All scores are final. There is no grievance process. Copies of Review Panel comments and scoring will be made available upon request.
APPLICATION DEADLINE
The deadline to submit an application and all relevant attachments is Friday, December 30, 2022, at 5:00 p.m. There are no exceptions for applications submitted after the deadline.
LATE APPLICATIONS OR MODIFICATIONS TO APPLICATIONS
Applications submitted after the specified date and time will not be considered.
Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.
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SCHEDULE
The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.
Date Activity
December 5, 2022 Release RFP
December 16, 2022 Final Day to Submit Questions (5:00 PM) December 20, 2022 Responses to Questions posted on BidsOnline December 30, 2022 RFP Due Date
January 2033 Final Selection and Contract Negotiations
January 2023 – February 2023 City Approval Processes
March 1, 2023 Effective Date of Contract
QUESTIONS OR ADDENDUMS TO THE APPLICATIONS
It is strongly recommended that organizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx) to ensure that they receive any addendums to or notifications regarding this RFP or the CFAY grant program. Any requests for clarification or other questions concerning this RFP should be submitted in writing to City staff via [email protected].
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PROPOSAL FORMAT GUIDELINES
The proposal should be concise, well organized, and demonstrate the organization’s qualifications and experience appl icable to the Project. The proposal shall be limited to 3-pages double-sided pages (8.5 inches x 11 inches), inclusive of graphics, for ms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub -consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.
Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.
Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:
A. Agency History and Capacity
Describe your agency’s mission and the programs and services you offer. Describe your agency’s experience providing youth and workforce development programs including outcomes.
B. Program Design
Describe the program and proposed services. Provide information on the program design, types of services, and how services will be delivered. Describe how the program aligns with one or more of the key funding areas of this grant. If program is not one of the key funding areas, identify the need for the program that will lead to identified grant outcomes.
Describe what successful completion of the program and services look like for the participants. How will you know your program has met its intended goals. Provide information on the program partners. What are their roles and what will they provide?
Portion of the funds for this grant should be used to provide workforce training and subsidized work-experience opportunities for youth participant. Describe your recruitment and placement strategy for placing youth in employment opportunities in the community.
For Applicants with Fiscal Sponsors only: Describe the relationship between the proposed program and the fiscal sponsor agency, and the role of both in the success of the proposed program.
NOTE: Youth participants may not complete work experience opportunities within a for- profit business.
C. Staffing Experience and Qualification
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Describe the key program staff that are responsible for delivering the direct services. Describe key duties and roles and time devoted to the proposed program. Include information on staff experience, community connections, and cultural competencies.
Describe the key knowledge skills, and ability possessed by your staff or needed in the roles for your program to be successful, and how will your agency support staff to acquire and develop their knowledge, skills, and ability.
D. Budget Request & Justification
For all budgeted items, provide a brief narrative explanation and justification of planned expenditures
Explain how funds requested are reasonable to support the proposed number of youth to be served, hours of service to be provided and overall program design. Provide detail regarding each line item, including those listed as “Other.” For these items, provide a brief narrative explanation and justification of planned expenditures.
E. Collaboration
Describe
PROCESS FOR SUBMITTING PROPOSALS
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the organization.
Organization is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:
Resolving minor differences and information
Clarifying necessary details and responsibilities
Emphasizing important issues and points
Receiving assurances from respondents
Cost/budget clarifications
If the City cannot successfully nego tiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.
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Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award - When the Review Panel has completed its work, City staff will then recommend a Financial Advisor firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1). 1006
GRANTEE REQUIREMENTS
If awarded a grant, organizations will be required to do the following:
A Grant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within two (2) months of execution of the grant agreement. The scope of work will be based on the application submitted. Submit bi-annual progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - Reports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o Funding Requests – Requests must include the necessary documents to substantiate the disbursement (e.g., receipts, timecards, payroll records, etc.).
Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding
Host City staff for one or more site visit and/or program evaluation. Published program materials shall include the City and California For All Youth Grant seal or logos and shall state, “Made possible in part by the City of Richmond and the California For All Youth Grant.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.
Complete and submit a W-9 form and Supplemental Vendor Application. Obtain a City of Richmond business license. Organizations are responsible for all associated fees. Information can be found at http://www.ci.richmond.ca.us/66/Business Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community- based organization acting as the sub-grantee
CITY STAFF CONTACT
For inquiries or clarification regarding this program or application, please contact Employment & Training staff at [email protected] or Itza Gonzalez at (510) 307-8023.
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GENERAL CITY REQUIREMENTS
Background Checks
Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.
General Information
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work.
The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the organization with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the qualifications of any organization under consideration, require confirmation of information furnished by the organization, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals, or to make no award without providing the reason(s) underlying the declination.
2. Issue subsequent Requests for Proposals.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
10. Request additional information, including, but not limited to, follow‐ up interviews.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If organizations intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the organization will employ to ensure that any subcontractor complies with the provisions of organization’s contract with the City. 1008
Previous Contracts with the City of Richmond
The organization shall submit a list which indicates all prime contracts and/or amendments awarded to the organization by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.
Exceptions to this Request for Proposals
The organization shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the organization does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection.
Exceptions will be considered during the proposal evaluation process.
Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the organization’s team. This proposal shall include a statement declaring that the organization and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, organizations are required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the organization to carry out the Project.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
Business Licenses
Organization, at its sole expense, and all subcontractors shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City of Richmond Business License, which will be required in connection with the performance of services hereunder.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
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Collusion
By submitting a proposal, each organization represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the organization has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the organization has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
An organization may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the organization.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City.
No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by organization in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this Project.
Sanctuary City Contracting Ordinance
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”) (Attachment 4). Bidders/Organizations must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal (Attachment 3).
Limited Liability Companies Disclosure Statement (LLCS) Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) (Attachment 5). Bidders/Organizations must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Attachment 6).
Rejections
All proposals will be reviewed to determine conformance with the RFP requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional or contains irregularities may also be rejected.
The City of Richmond reserves the right to:
A. Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.
B. Exercise discretion and apply its judgment with respect to selection of any proposals submitted.
C. Reject all proposals.
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ATTACHMENTS
ATTACHMENT 1: Standard Contract
ATTACHMENT 2: Insurance Requirements
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
ATTACHMENT 5: Resolution No. 86-21
ATTACHMENT 6: Disclosure Statement of Limited Liability Companies Form
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CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Employment & Training Dept.
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 1015
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 09-26-07 1 of 12
1017
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 09-26-07 2 of 12
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 09-26-07 4 of 12
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law, regardless of Contractor's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.
Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 of 12
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shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.
If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.
This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment General Conditions/EJ/TE 09-26-07 7 of 12
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discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
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The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, General Conditions/EJ/TE 09-26-07 9 of 12
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acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure General Conditions/EJ/TE 09-26-07 10 of 12
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by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments General Conditions/EJ/TE 09-26-07 11 of 12
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therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
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For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
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For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Roots of Success
Raquel Pinderhughes Executive Director
9/27/2023
Roots of Success
27 September Berkeley23
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