Agenda — Richmond City Council, May 7, 2024 (part 3 of 5)

May 7, 2024

Information Technology

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Sue Hartman, Director of Information Technology

Subject:

Sole-Source Contract with Superion, LLC for the
Continued Licensed Use of the TRAKiT System
FINANCIAL IMPACT: Total funding for one additional year in the amount of $56,609.22 is included in the approved fiscal year 2023- 2024 budget. Included in this total is funding for the
Information Technology operating budget of $45,371.57
(account 01262417-400502). Funding for the five
additional licensees and maintenance for $2,546.78 is
included in the approved fiscal year 2023-2024 Rent
Control operating budget (11850065-400220), and
funding for the IVR module subscription fees totaling
$8,690.87 are included in approved fiscal year 2023-
2024 budget for the Planning and Building Regulations
operating budget (15063619-400502).

PREVIOUS COUNCIL
ACTION:

Contract - March 23, 2015
1st Amendment - March 20, 2018
2nd Amendment – March 21, 2023

STATEMENT OF THE
ISSUE:

The Agreement with TRAKiT administrative software for
permitting, business licensing, code enforcement, and
Citizen Response Management (CRM) expired on March
31, 2024. City Council approval of a new sole-source
contract for one year must be obtained to allow the City to continue using this service while the City implements the replacement software.

AGENDA
REPORT
373

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May 7, 2024
RECOMMENDED ACTION:

APPROVE a one-year sole-source contract with
Superion, LLC for the continued licensed use of the
TRAKiT permitting, business licensing, code
enforcement, and Citizen Response Management
(CRM), for the term from April 1, 2024, through March 31, 2025, for the contract payment limit of $56,609.22 –
Information Technology Department (Sue Hartman 510-
620-6874).

DISCUSSION:

The City of Richmond is in the initial phase of implementing the new software system iMS to replace the legacy Superion, LLC, TRAKiT system. This replacement is anticipated to take twelve months with a go-live date of February 28, 2025. It is essential for Superion, LLC, TRAKiT to be operational until iMS is live.

The second contract amendment for the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM) system expired March 31, 2024, and a new sole-source contract is essential for the continued use, and technical support, for the existing components of TRAKiT.

The proposed new contract with Superion, LLC is for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), for the term from April 1, 2024, through March 31, 2025. The new contract includes the subscription for an interactive voice response module (IVR) for contractors and property owners to be able to schedule building inspections by phone.

Continuing this capability is more convenient for customers and saves staff time. The new contract also includes the licensing and maintenance of five additional user licenses for the Rent Control department to use the TRAKiT system for the administration and reporting required by the Just Cause and Rent Stabilization ordinance.

NEXT STEPS:

Staff recommends approval of the proposed new contract for the term of twelve months.

It is essential that the City continues to utilize Superion LLC, TRAKiT, while the City implements the replacement software system. Total funding for one additional year in the amount of $56,609.22 is included in the approved fiscal year 2023-2024 budget.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Sole-Source Justification
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6966
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376

EXHIBIT A

SERVICE PLAN
For the Contract between the City of
Richmond and
Superion, LLC
Contractor shall, to the satisfaction of the , perform the ---------- f o 11 owing services and be compensated as outlined below:

City of Richmond
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N/A
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3 25 2024
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May 7, 2024

Library and Community Services

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager of Community
Services
Kate Eppler, Deputy Director of Community Services-
Library
Christopher Larsen, Library Services Manager
Subject: Approve a Contract for Construction of an Electric Bookmobile for Richmond Public Library
FINANCIAL IMPACT: Construction costs of $609,418 will be funded by a $250,000 grant from the California State Library
(10545055 400705 24G09), $70,000 from the Library
Impact Fee fund (21741055 400705 24G09), and not to
exceed $400,000 from the Environmental and
Community Investment Act Transportation fund
(11785051 400705 24G09). There is no impact to the
general fund.

PREVIOUS COUNCIL
ACTION:

February 6, 2024
June 7, 2022

STATEMENT OF THE
ISSUE:

In accordance with the City’s zero emissions goals, the Library has arranged for the construction and purchase of an all-electric bookmobile to provide mobile library
service in Richmond.

AGENDA
REPORT
422

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May 7, 2024
RECOMMENDED ACTION:

APPROVE a contract with Farber Specialty Vehicles in
the amount of $609,418 for construction and delivery of a new all-electric Bookmobile for Richmond Public Library, with a term beginning May 8, 2024, and ending May 8,
2027; and AUTHORIZE the Deputy City Manager of
Community Services - Library to approve contingencies
not to exceed five percent of the total contract –
Community Services Department (LaShonda White 510-
620-6828/Kate Eppler 510-620-5452/Christopher Larsen
510-620-5524).

DISCUSSION:

On June 7, 2022, the City Council approved a resolution to accept and appropriate a $250,000 grant from the California State Library for purchase of a new bookmobile for Richmond Public Library (Resolution 74-22). The Library’s existing bookmobile, which has been in service since 1993, no longer meets state emissions standards and is inoperable. The project is additionally funded by $70,000 in grant matching funds from Library impact fees.

The City of Richmond, through its Climate Action Plan and various City Council actions, has indicated its support for lowering greenhouse gas emissions and green innovation.

An all-electric bookmobile supports these goals by enabling mobile library services with zero tailpipe emissions and providing a model for the various uses of electric vehicles.

On February 6, 2024, City Council approved the appropriation of up to $400,000 in Environmental and Community Investment Act transportation funding to support the purchase of an all-electric bookmobile (Resolution 7-24).

Working with a consultant from Specialty Vehicle Services, the Library developed a set of desired vehicle specifications and issued a Request for Proposals. Five vendors responded and their proposals were evaluated on previous library experience, adherence to the desired vehicle specifications, price, and delivery date. A review panel determined the proposal from Farber Specialty Vehicles, a well-known manufacturer of library outreach vehicles, met most of the library’s needs while also providing timely delivery of the new bookmobile. The new bookmobile will have a range of 150 miles on a full charge, two doors for patron access, and flexible modular shelving. We anticipate delivery on or before March 31, 2026.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Request for Proposals (RFP)
Attachment 3 – RFP Review Scores
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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.

424

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
Sanctuary City Compliance Statement Exhibit G
Vehicle Specifications Exhibit H Richmond Public Library Proposal Exhibit I
Updated Quote Exhibit J 425
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:

426
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. 427
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 429
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. 430
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. 431
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 432
General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 434
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 435
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 436
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 437
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.

438
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 439
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.

440
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. 441
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):

442
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.

443
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to 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.

444
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 445
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or 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.
446
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

447
Exhibit G

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) 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:

448

3312 W SYCAMORE STREET
FRANKLIN, WI 53132
262.679.9096
VEHICLESUCCESS.COM

“YOUR PARTNER FOR THE ROAD AHEAD!”

Richmond Public Library

Mobile EV Outreach Vehicle Project Specifications

Version 11

Released: 30-Jan-24

Project #: SVS00500

Prepared for: Christopher Larsen
Richmond Public Library
325 Civic Center Road
Richmond, CA 94804

Exhibit H
449

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 2 of 21

The information contained in this document is property of Specialty Vehicle Services, LLC. Contents are considered to be con fidential and may not be used or reproduced, either partially or wholly, for any purpose inconsistent with that which it was produc ed without express written consent. Copyright 2024.

1. GENERAL SPECIFICATIONS

1.1 Scope

1.1.1. The intent of this specification is to describe the construction of one (1) 30 foot (approximate) long full electric forward control step van style vehicle into a Mobile Outreach Vehicle (“vehicle”) for use by the Richmond Public Library (“Library”). The unit shall be built on a 23,000 lb. GVWR (approximate) chassis for adequate support of the coach body, conversion, and diversified collection of library materials.

1.1.2. The vehicle described herein is intended to provide contemporary mobile outreach services to patrons of all ages in an operationally efficient manner. The unit will operate within a suburban environment in California and shall be designed and equipped to safely operate in an environment of flat paved roadways with a few hills. The unit will be kept inside the library garage when not in service.

1.1.3. It is the library’s utmost goal to ensure that the vehicle is well-equipped to operate efficiently and safely in this environment.

1.1.4. Renewable and/or recycled and lightweight alternate materials shall be used as practical during the conversion of this vehicle.

1.1.5. The successful vendor shall furnish all materials not specifically denoted as “customer supplied”, as well as the labor to complete the conversion of the vehicle specified herein, as shown on the attached drawings, or as required to complete and/or exceed the general intent of these specifications.

1.1.6. These specifications have been developed by Specialty Vehicle Services, LLC. (“SVS”) under contract with the library.

1.1.7. Any reference to a specific manufacturer or make or model of product not followed by "or equivalent" or "or equal" may not be substituted. The library and/or its authorized agents shall be the sole judge of whether a manufacturer’s offerings are deemed equivalent for the purpose of this project, and all proposed “equivalent” or “equal” substitutes shall be expressly accepted prior to installation.

1.2. Manuals and Documentation

1.2.1. The following shall be provided for each unit at the time the equipment is delivered (unless otherwise noted):

1.2.1.1. One (1) line set for chassis.

1.2.1.2. One (1) certified CA weight ticket listing front axle, rear axle and total weights.

1.2.1.3. Two (2) complete key sets (ignition, doors, auxiliary locks, compartments, fuel); maximum keys per set shall be five (5).

1.2.1.4. One (1) complete dimensional layout drawing of exterior and interior front, rear, and both sides.
450

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 3 of 21

1.2.1.5. “As built” electrical schematics accurately detailing AC and DC electrical systems used in the upfitting, in both printed and digital formats.

1.3. New Equipment

1.3.1. Equipment shall be new (unused), and of manufacturer’s current model year production and shall comply with all applicable Federal environmental, motor vehicle, and safety regulations. The conversion shall be equipped with all features and accessories considered standard for the make and model vehicle/equipment provided as well as those specifically detailed within this specification.

1.4. Quality & Standards

1.4.1. Brand names and model numbers are used throughout this document to convey desired quality levels, with the option for equivalents. The library and/or its authorized agents shall be the sole judge of whether a manufacturer’s offerings are deemed equivalent for the purpose of this project, and all proposed “equivalent” or “equal” substitutes shall be expressly accepted prior to installation.

1.4.2. Conversion accessories shall be built and assembled in accordance with the specifications and shall conform to the best standard practices in the industry at the time of construction. All dimensions, weight, and performance values shall be in accordance with SAE J732c and J742b, as last revised. The vendor will provide all systems integration and testing. All electronics will be installed, fully operational, and tested by the vendor. The vehicle shall be equipped with all features and accessories consider ed standard for the make and model vehicle/equipment provided.

1.4.3. All equipment and construction methods shall meet all applicable regulations of the Occupational Safety and Health Act (OSHA), Federal Motor Vehicle Safety Standards (FMVSS), Department of Transportation (DOT), National Electrical Code (NEC), Federal and State noise and pollution control restrictions, and all other applicable local, state and/or federal regulations in effect at the time of execution.

1.4.4. All workmanship, welding, and construction shall be in the best manner of the trade.

Workmanship shall be subject to inspection and approval by the library and/or its authorized representatives.

1.4.5. Welding fillets shall have good penetration, good fusion, good appearance, and shall show no cracks or undercutting.

1.5. Guarantee

1.5.1. The successful vendor shall furnish a warranty stating that the equipment is suitable for the service intended in accordance with the specifications. The vendor shall also furnish the library with a minimum FULL ONE (1) YEAR BUMPER-TO-BUMPER WARRANTY and shall agree to replace and install without charge, within the 451

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 4 of 21

warranty, any defective part, or parts not suitable for the service intended or found to be defective due to poor workmanship. The proposal will be weighted toward longer warranties and vendor is encouraged to offer, as an option, any available extended warranties with related litera ture and their costs. The warranty period shall start on the date the unit is put into service by the library.

1.5.2. All warranty work shall be completed by the vendor within a reasonable time or repaired by the vendor at the library facility. The library reserves the right to schedule and complete warranty work at a local facility of its choice if requests for resolution are not satisfied in a reasonable time frame. The vendor shall be given proper notice of such intent prior to execution and an invoice shall be forwarded to the vendor for payment.

1.5.3. Proposal shall list names, locations, and contact information for the nearest authorized service, parts, and warranty facilities. This list shall include facilities related to chassis, body, generator, conversion, etc.

1.5.4. All extended warranty options applicable to this vehicle and its components shall be listed within vendor’s proposal with associated costs.

1.6. Inspections

1.6.1. Equipment/vehicle(s) may be inspected at vendor’s place of business at any time during the conversion process by authorized representatives of the library. The cost of these trips shall be the responsibility of the library.

1.6.2. If the equipment/vehicle(s) is inspected after delivery and rejected because of deficiencies, it shall be the vendor’s responsibility to make the necessary corrections and re -deliver the vehicle for inspection and acceptance. Payment and/or the commencement of a discount period (if applicable) will not be made until the defects are corrected.

1.6.3. The library will make every endeavor to note deficiencies. However, if a variation or an omission between the vehicle and the written specifications is discovered, the contract’s written specifications will prevail.

1.6.4. This vehicle is defined as a “Special Purpose Commercial Coach” (also “Special Purpose Commercial Modular”) by the state of California, and is subject to inspection by the California Department of Housing and Community Development (“HCD”) or authorized thi rd party representatives. These inspection(s), inspector coordination, and any attributed costs, shall be the responsibility of the vendor.

Health and Safety Section 18012.5

1.6.5. Equipment/vehicle(s) will be inspected at vendor’s place of business at least once before delivery by an authorized representative of SVS for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of this specification. The costs of these trip(s) shall be the responsibility of SVS. If deficiencies are detected, the vehicle may be rejected, and 452

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the vendor will be required to make the necessary repairs, adjustments, or replacements.

1.6.5.1. Dependent on the severity of inspection discrepancies and/or the vehicle is not deemed adequately complete at the time of final (pre -delivery) inspection; vendor shall be responsible for all SVS costs and fees related to a re-inspection. The library shall have the final decision regarding the need for a re-inspection.

1.7. Training

1.7.1. Vendor shall provide service training and familiarization at the time of delivery .

Training shall be conducted by factory -trained personnel and shall be comprehensive enough to allow Library staff to operate and maintain the equipment provided with maximum safety and design efficiencies.

1.7.1.1. Both t rainings shall occur at the time of delivery and last a total of approximately 6 hours.

2. VEHICLE SPECIFICATIONS

2.1. Intent

2.1.1. It is the intent of the following section to describe the type of vehicle that shall be used for the outreach vehicle . Accessories and construction techniques not specifically mentioned herein, but necessary to furnish a complete unit ready for immediate use shall also be included.

2.2. Type

2.2.1. The vehicle shall be a current model year Utilimaster or Morgan Olsen walk-in van type vehicle built on a Freightliner MT5 0e full electric chassis. The chassis, body and accessories shall be built and assembled in accordance with these specifications and shall conform to the best standard practices in the industry at the time of construction.

2.2.2. The chassis, body and accessories shall be built and assembled in accordance with the specifications and shall conform to the best standard practices in the industry at the time of construction.

2.3. Capacities/Dimensions

2.3.1. Overall exterior length: 28’ (approximate)

2.3.2. Overall exterior width: 96” (excluding mirrors)

2.3.3. Overall exterior height: 12’ (approximate)

2.3.4. Interior length: 220” (load space)
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2.3.5. Interior height: 83”

2.3.6. Interior width: 98”

2.3.7. Wheelbase: 178” (approximate)

2.3.8. Ground Clearance: 12”

2.3.9. GVWR: 23,000 lbs. (no CDL required)

2.4. Chassis

2.4.1. Freightliner MTe series straight rail chassis

2.4.2. Drive system

2.4.2.1. Zero-emission all-electric Proterra drive

2.4.3. Battery capacity

2.4.3.1. 226 kWh Proterra industrial grade liquid-cooled lithium-ion battery

2.4.4. Range

2.4.4.1. 150-170 miles at full weight capacity

2.4.5. Charging

2.4.5.1. Full charge in 3.5 hours with 60kW charger, 1.8 hours with 150 kW DC fast charging. Compatible with SAE J1772 CCS DC fast charging.

2.4.6. Speed

2.4.6.1. 70MPH at full weight capacity

2.4.7. Operating temperature

2.4.7.1. -40 F to 120 F

2.4.8. Axle

2.4.8.1. Dana eS9000r eAxle

2.4.9. Brakes

2.4.9.1. 4-wheel hydraulic disc with regenerative braking

2.4.10. Tires

2.4.10.1. Two (2) Michelin or equivalent 245/70R 19.5, 14-ply radial steer tread front tires.

2.4.10.2. Four (4) Michelin or equivalent 245/70R 19.5, 14-ply radial traction tread rear tires.

2.4.11. Wheels

2.4.11.1. Four (4) 19.5X6.75 8 -hub pilot 5.12 inset 4 -hand aluminum rear wheels , exterior polished.
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2.4.11.2. Two (2) 19.5X6.75 8-hub pilot 5.12 inset 4-hand polished aluminum front wheels.

2.4.12. HVAC system

2.4.12.1. Heating and ventilation with windshield defrost

2.4.12.2. Optional air conditioning shall be included

2.4.13. Warranty

2.4.13.1. Drive and battery: 8 years or 150,000 miles

2.5. Body

2.5.1. Utilimaster or Morgan Olsen walk-in type body, 18’ trade length (33” OA length), 96” exterior width.

2.5.2. 84” interior height

2.5.3. MT50e Freightliner chassis.

2.5.4. FCCC or equivalent front hood.

2.5.5. Auxiliary 7.5” sq. (approx.) hood-mounted cross view convex mirror, right hand side

2.5.6. Heavy duty stud profile wall posts, 16” on center

2.5.7. 0.10” upper/0.10 lower aluminum sidewall sheeting

2.5.8. Round rub rail profile

2.5.9. Neoprene wheel well flares

2.5.10. Anti-snag roof bows, 12” on center

2.5.11. 0.32” smooth aluminum, one-piece roof

2.5.12. Clearance and ID recessed LED roof lamps.

2.5.13. LED turn, stop and back-up lamps.

2.5.14. Velvac or equivalent 12VDC remote control, adjustable arm mirrors shall be installed with a control kit. Mirror heads shall be black, approximately 13”H x 8”W and feature a 50.25 sq. in. flat mirror and 22.7 sq. in. convex mirror with a 21” spherical radius.

2.5.15. Sloped windshield with one-piece rubber seal.

2.5.16. Wet arm windshield wiper system, two-speed with intermittent.

2.5.17. Driver and passenger front (side) windows shall be a half-slide configuration.

2.5.18. Removable drivers’ floor for service access to transmission.

2.5.19. Aluminum engine cover with document holder

2.5.20. Cab headlining and insulation.
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2.5.21. Aluminum extruded load space floor planks.

2.5.22. Two (2) 32” x 80” passenger side “sedan type” mid entry (patron) doors with lowered step wells; placed per drawings.

2.5.22.1. Door interiors shall be finished to complement interior.

2.5.22.2. Doors shall have deep tinted safety glass upper horizontal sliding window with screen and deep tinted safety lower fixed-pane window.

2.5.22.3. Doors shall utilize stainless-steel strap hinges.

2.5.22.4. Doors shall include an exterior stainless-steel or aluminum drip rail mounted above the door.

2.5.22.5. Step wells shall be a two or three-step configuration with minimum 11” deep treads and maximum 9” risers. Each step shall incorporate heavy-duty, slip resistant commercial rubber step tread reinforced with aluminum back. The front edge of each tread shall incorporate a 2” safety yellow edge.

2.5.23. One (1) of 42" x 80" (approximate) single door mounted in the rear wall per preliminary drawing. Door shall be of double -wall commercial quality aluminum construction and internally insulated between inner and outer skins.

2.5.23.1. Door shall be set at floor height (no step well).

2.5.23.2. Door shall have dark tinted high -quality safety glass upper fixed -pane window and dark tinted safety lower fixed-pane window, as large as feasible.

2.5.23.3. Door shall utilize stainless steel, aluminum, or similar non -corrosive type vertically mounted hinges, adequately sized for the anticipated weight and duty cycle of these doors.

2.5.23.4. Door shall include an exterior stainless-steel or aluminum drip rail mounted above the door.

2.5.24. One (1) high quality electric-operated auxiliary step shall be installed at each side door.

2.5.24.1. Height of steps shall be consistent with the overall staircase run for smooth patron entry/egress. All steps (including the interior step well) shall be of equal height (+/- 1/4"), except for the first (auxiliary) step, as measured from ground level.

2.5.24.2. Steps shall be finished with a non-skid surface and a safety yellow, non-skid front strip.

2.5.24.3. Steps shall include a local defeat switch, and automatically retract when the vehicle ignition is engaged.

2.5.25. Rear back-up alarm, 112db, installed behind rear axle.

2.5.26. Driver and passenger seats shall be high back, deluxe type seats with adjustments for fore/aft, height and recline.
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2.5.26.1. Driver and passenger seats shall swivel, but only lock in the forward "driving" position (no lock toward desk position).

2.5.26.2. Seats shall include FMVSS approved and installed, three -point seat belt systems. Driver's side shall include an easily detachable shoulder strap to allow ease of rotation.

2.5.26.3. Seats shall meet FMVSS302 flammability standards. Fabric/finish shall be selected by the Library.

2.5.26.4. Seats shall be positioned and installed to allow drivers varying in size from 5’0” tall weighing 95lbs. to 6’4” tall weighing 250lbs. to be equally comfortable in using all controls required to safely operate and maneuver the vehicle.

2.5.27. Illuminated license plate holders front and rear.

3. CONVERSION SPECIFICATIONS

3.1. Exterior

3.1.1. Each patron door shall be configured with the following:

3.1.1.1. One (1) Yale or equivalent door closer with hold-open detent to control the movement of the door.

3.1.1.2. One (1) heavy-duty, cast aluminum, positive hold-open device. Device shall be attached to the vehicle in a manner consistent with the intended use and lifetime of the vehicle and hold the door at approximately 90 degrees.

3.1.1.3. One (1) Yale push -bar “classroom” or equivalent entrance latch shall be installed. Latch shall include provisions to temporarily compress the bar for “free swing” (non-latching) operation at stops

3.1.1.4. One (1) Yale or equivalent heavy-duty "deadbolt" latch shall be installed, in addition to the main latch, keyed alike to the push bar hardware.

3.1.1.5. One (1) interior pull handle to assist in closing the door.

3.1.1.6. Four (4) 1.25” diameter stainless steel handrails each to provide solid entry/egress assistance.

3.1.1.6.1. One (1) 36” approximate length handrail shall be installed vertically on the exterior, just aft of the door.

3.1.1.6.2. Two (2) angle-mounted handrails shall be installed; one (1) each side of the step well.

3.1.1.6.3. One (1) angle-mounted handrail shall be installed to the interior of the door below the upper window.

3.1.2. The 42” rear door shall be configured with the following:
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3.1.2.1. Door shall be equipped with one (1) heavy -duty, cast aluminum, positive hold-open device.

3.1.2.2. One (1) standard entrance latch with interior handle shall be installed.

3.1.2.3. One (1) Yale or equivalent heavy-duty "deadbolt" latch shall be installed, in addition to the main latch, keyed alike to patron doors.

3.1.3. Two (2) 14” x 22” single dome translucent white acrylic skylights shall be installed with white PVC interior trim.

3.1.3.1. Skylights and installation shall be consistent with the intended lifecycle of this vehicle.

3.1.4. One (1) general storage compartment shall be installed underbody. Compartment shall contain a slide tray for ease of content access.

3.1.4.1. Compartment shall be constructed of aluminum or equivalent materials.

3.1.4.2. Doors shall be constructed of aluminum and vertically hinged with ¼” pin stainless steel continuous hinges.

3.1.4.3. Doors shall have positive “compression” style, “slam latch”, or equivalent latches

3.1.4.4. This compartment shall be sealed to prevent moisture penetration.

3.1.5. Compartments, doors, and appropriate added components shall be finished to match the OEM body exterior color.

3.1.5.1. Additionally, where the vehicle is cut or modified, or additional fabricated components are added to the exterior, exposed metal shall be properly prepared and painted to match vehicle exterior color.

3.1.5.2. Panels shall be properly cleaned and prepared for paint application in accordance with standard commercial practice and to requirements of the construction materials involved. Surfaces shall be properly cleaned and inspected before cover materials are applied.

3.1.5.3. The prepared surfaces shall be spray primed with synthetic base primer, which contains corrosion resistant pigments and resins. Extra coats shall be applied around moisture catching moldings, etc. All hidden areas such as overlapping metal, underside of moldings, underside or rubber extrusions at windows shall be cleaned and primed and where necessary and caulked with sealing compound during construction.

3.1.5.4. DuPont or equivalent paint shall be applied to all areas of the metal. Each coat shall be properly dried and evenly sanded before the following coat is applied. "Orange peel" surfacing will not be acceptable.

3.1.6. Vehicle shall have a “moderate” level vinyl graphics package in addition to the base paint. Vendor shall indicate organization or persons that the library will work with in the development of this graphics scheme.
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3.1.6.1. Vendor shall include a $10,000 allowance for the development, printing, and installation of this graphics package within their proposal.

3.1.6.2. The library shall approve the final design prior to printing and installation.

3.1.7. Vehicle underbody shall be fully undercoated with rubberized spray to provide additional sound resonance dampening and protection.

3.2. Interior

3.2.1. Since this unit is a mobile event vehicle, and a quiet environment is most important in the successful operation of any library, all interior finishes shall contribute to absorbing ambient sounds. Appropriate panels, ceiling and flooring shall have superior acoustic qualities in addition to durability and aesthetics. Sound control measures shall comply with the Occupational Safety and Health Act (OSHA) sound level (dbA) requirement in effect at time of award of contract, for an eight (8) hour maximum operator exposure time; measured at operator's ear with engine at governed RPM.

3.2.2. Completed unit shall utilize environmentally conscious "green" elements wherever practical, including, but not limited to energy efficient technologies, and recycled and/or sustainable construction materials.

3.2.3. LLumar or equivalent UV Shield window film shall be applied to the vehicle windshields and driver/passenger area front windows (those that cannot be dark tinted) to provide 99.9% protection from harmful UV and UVB rays. Film shall be virtually clear, legal for use in automotive applications in all 50 states, and have a lifetime warranty against bubbling, peeling or cracking

3.2.4. Vehicle ceiling and walls, shall be insulated with 1.0” nominal thickness rigid dense foam board insulation or approved equivalent.

3.2.4.1. Insulation board shall be carefully trimmed during installation to provide maximum insulation values

3.2.5. Floor covering shall be commercial-grade vinyl Lonseal Lonsand or equivalent.

3.2.5.1. Covering shall have a 10-year minimum wear warranty

3.2.5.2. Sub-flooring shall be properly prepared prior to installation of the floor covering.

3.2.5.3. Flooring shall be installed in a manner consistent with the manufacturer’s recommendations.

3.2.5.4. Any flooring remnants remaining from the installation shall be shipped loose with the completed vehicle.

3.2.5.5. The library will select the exact color and pattern of the flooring from vendor's selections, to coordinate with other interior color choices. 459

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3.2.6. The wheel boxes shall be kept at minimal height, boxed with plywood and finished with carpet chosen by library from manufacturer’s standard selections.

3.2.7. Two (2) flanged aircraft style L -track cargo tie-down tracks shall be recessed into the interior floor per the preliminary drawing(s).

3.2.7.1. Tracks shall be securely mounted to the floor structure for maximum load rating.

3.2.7.2. Tracks shall include eighteen (18) single-stud tie-down rings

3.2.7.3. Tracks shall include eight (8) 1” wide rachet straps

3.2.8. Interior walls shall be finished with materials selected by library from manufacturer’s standard selections.

3.2.9. Ceiling shall be finished with eco -friendly, soft, sound absorbing materials chosen by the library from manufacturer's selections.

3.2.10. Fabric-covered cork bulletin boards shall be installed throughout the vehicle where feasible, including, but not limited to, above the door(s) and all overhead cabinet doors. Number and size of bulletin boards furnished shall be determined by the exact configuration of interior. Bulletin board s shall be as large as possible and installed where space is available inside the vehicle. Fabric shall be chosen by the library from manufacturer’s standard selections.

3.2.11. Two (2) staff desks shall be furnished within the vehicle as depicted in the preliminary drawing.

3.2.11.1. Desks shall be constructed of furniture -grade plywood with the finish selected from manufacturer’s offerings. Desktop shall be constructed of minimum 3/4" thick furniture -grade plywood with a high -impact laminated plastic bonded to the plywood and install ed to allow easy removal and replacement as this surface is subject to excessive wear and tear. Desk shall be appropriately configured for installation of technologies by the library, including cable pass-through grommets and defined wire paths from desktop to other locations as designated.

3.2.11.1.1. Laminate color/style shall be selected by the library from vendor’s offerings.

3.2.11.2. Desks shall be configured for library installation of laptop computers.

3.2.11.3. Desk faces (modesty panels) shall be set 8” – 10” off the floor to allow heat circulation beneath the work surface.

3.2.11.4. Desks shall include a positive latching pencil drawer beneath the work surfaces.

3.2.11.5. Desks shall include a lift-up connecting surface/bridge to span the distance between the two (2) desks.

3.2.11.5.1. Bridge shall utilize heavy -duty hardware and include a latch to secure the bridge from swinging when not in use.
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3.2.11.5.2. Finished knee hole area of the desks, including pencil drawer, shall be a minimum 26" from the floor to allow adequate knee space.

3.2.11.6. Both desks shall include an open shelf with front keeper edge below the worksurface, for general storage of supplies.

3.2.12. Two (2) overhead storage cabinets shall be provided above the staff desks as depicted in the concept drawings. Cabinets shall include lockable bulletin board type doors per final design, keyed alike to the other interior locks.

3.2.12.1. Cabinets shall have a lower, open shelf for placement of peripherals. This shelf shall contain a cable grommet for easy technology connection.

3.2.13. Two (2) 3-tier brochure racks with clear Lexan face and removable dividers shall be installed. Design of the rack shall be approved by the library prior to fabrication and/or installation.

3.2.14. An Acore Shelving & Products, Inc. aluminum shelving system shall be supplied and installed. Shelving components shall be powder coated after assembly where possible using coatings containing no lead or lead products. All components shall be constructed from superior grade lightweight materials and be built to withstand the unique stresses imposed by a mobile environment. The shelving layout shall be designed to accommodate approximately 3,500 items, which includes but is not limited to: books of various sizes, DVDs, CDs, videos, books on CD, oversized materials of odd shapes, magazines, etc. All shelving running along the sidewalls of the vehicle shall tilt back 15 degrees and shelves running along the rear wall of the vehicle shall tilt back 20 degrees. The completed modular shelving system shall include the following components:

3.2.14.1. Thirteen (13) one-piece aluminum slotted shelving uprights , set at 36” centers (typical).

3.2.14.1.1. Uprights shall be secured to vehicle walls in a manner consistent with the anticipated stresses that will be imposed and expected lifecycle of this vehicle.

3.2.14.1.2. Uprights shall be properly installed per manufacturer’s instruction for smooth operation, including but not limited to ensuring centerlines are accurate (36” +/ - 1/16” typical), uprights are plumb, and lateral alignment is true the entire length of each section.

3.2.14.2. Three (3) Acore Wall Hugger single-sided book carts with three (3) 7” deep shelves each.

3.2.14.3. Three (3) Acore standard single-sided carts with three (3) 9” deep shelves

3.2.14.4. Two (2) Acore book return carts with locking door and foam bottom insert

3.2.14.5. Five (5) Acore “Wall Security Units”, to allow locking of wall hugger, worktop, and book return carts to the upright system.

3.2.14.6. Two (2) Acore magazine racks shall be provided.

3.2.14.7. Thirty-six (36) Acore 7” deep shelves shall be provided. 461

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3.2.14.8. Two (2) Acore 9” deep shelves shall be provided.

3.2.14.9. Six (6) Acore 11” deep shelves shall be provided.

3.2.14.10. One (1) modular bench seat module shall be fabricated and provided with the completed vehicle.

3.2.14.10.1. Seat shall be 18” deep and utilize 2-3” foam with a fabric cover.

3.2.14.10.2. Cover fabric color shall be selected by the library from vendor’s selections.

3.2.14.10.3. Seat modules shall mount to the shelving uprights using heavy-duty Acore folding brackets designed for this purpose.

3.2.14.11. One (1) modular worksurface shall be fabricated and provided with the completed vehicle

3.2.14.11.1. Surface shall be constructed of furniture grade plywood or equivalent and utilize Acore folding support brackets.

3.2.14.11.2. Work s urface shall be finished with high -impact laminate or equivalent materials to match staff workstations.

3.2.14.12. Vehicle shall be configured as depicted in the finalized drawing upon delivery. Any remaining components (extras) of this system shall be shipped loose with each vehicle.

3.2.14.13. System shall include two (2) full sets of shelf label color strips, colors to be determined.

3.2.14.14. System hardware shall be powder coated for maximum durability; color to be chosen by the library from vendor’s standard color selections.

3.2.15. Finish, cabinetry and shelving installation shall provide an approximate 7 5” aisle width.

3.2.16. Final configuration of the interior layout shall be subject to approval from the library prior to installation.

3.3. Electrical System – AC

3.3.1. System shall be a 120/240 -volt rated, single -phase type system designed to provide and distribute electrical power at a level of performance that meets the requirements of all components and/or accessories utilizing such power throughout the vehicle.

3.3.1.1. System furnished shall be designed and installed to meet all requirements of the National Electrical Code (NEC), with all system components, accessories, plugs, receptacles, switches, and circuit breakers being Underwriter's Laboratories (UL) listed and approved.

3.3.1.2. System furnished shall also meet all applicable state code requirements and regulations pertaining to the design and installation of AC electrical systems. 462

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3.3.2. All AC wiring shall be installed using multi -stranded, multi -conductor flexible armored, THHN (in non-metallic conduit), or boat rated cable; 600 volts rated, UL approved or equivalent. All wire shall be color -coded and grounded throughout the system. Aluminum wire is not acceptable due to its history of involvement in electrical system fires. Since the body and chassis of a motor vehicle is constantly flexing in torsion when in use, fixed type conduit is not acceptable due to the long- term potential electrical shorting and the resulting potential of fire hazard.

3.3.2.1. Wiring and harnesses shall be installed in easily accessible locations to aid long-term serviceability and maintain a minimum 2” air -insulated clearance from parallel low-voltage wiring harnesses per NEMA standards.

3.3.2.2. All wiring shall be sized using NEMA ratings to 125% of anticipated load.

3.3.3. One (1) Odyne G2V9, FCCC MT50e auxiliary power system shall provide all 120VAC and 12VDC power for stationary operations. System shall feature:

3.3.3.1. 35.0kWh industrial-grade liquid-cooled lithium-ion battery

3.3.3.2. DC/AC inverter providing 6.0kW of output power at 120/240VAC

3.3.3.3. DC/DC converter providing 2.5kW of output power at 13.5VDC

3.3.3.4. J1772 compliant charging at levels 1 and 2, 85-265VAC, 6.6kW

3.3.3.5. Commercial vehicle grade electronic control unit to control and monitor electrification system

3.3.3.6. Odyne system telematics system for diagnostics

3.3.3.7. -22F to 131F operating temperature

3.3.3.8. System shall be fully installed by Odyne Electrification Systems located in Pewaukee, WI prior to being shipped to the body company.

3.3.3.9. The Freightliner Custom Chassis factory battery system shall not be modified or tapped into in any way.

3.3.4. One (1) 100A (minimum) rated Square D or equivalent distribution panel(s) shall be installed in the interior cabin, per finalized design.

3.3.4.1. All AC electrical circuits shall be safety protected from short circuits and current overloading by UL approved resetting type circuit breakers, each properly capacity sized to the circuit they serve. A master circuit breaker that controls all AC electrical system circuits shall also be furnished.

3.3.4.2. Panel(s) shall be readily accessible, yet out of view of the general public.

3.3.5. A minimum of fifteen (15) 15A -rated, UL listed, NEMA 5 -15, three-hole duplex receptacles with USB ports shall be furnished inside the vehicle for electronics and sensitive equipment use.

3.3.5.1. One (1) of these receptacles shall be weatherproof and installed on the curbside exterior.
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3.3.6. One (1) 15,000 BTU low-profile heat pump air conditioner shall be installed per drawing.

3.3.6.1. Unit shall provide 15,000 BTUs of cooling and heating.

3.3.6.2. Unit shall include self -contained, low -profile ceiling assembly with local controls.

3.3.6.3. Unit shall stand a maximum of 10” above the roof and be included in the overall height measurement (reference 2.3.3).

3.3.7. Two (2) 1,500 watt electric wall-mount or kickspace heaters shall be installed to provide supplementary heating for the main cabin.

3.3.7.1. Heaters shall be installed per finalized plans.

3.3.8. One (1) 32” high-resolution monitor shall be installed on a drop-down ceiling mount above the wheelchair lift.

3.3.8.1. Installation shall include one (1) HDMI cable run from the front workstation.

3.3.8.2. Interior installation shall include a MORryde TV1 -080H or equivalent drop- down TV ceiling mount.

3.4. Electrical System – DC/Other

3.4.1. Shall be a 12-volt, negative ground type system designed to provide and distribute electrical power at a level of performance that meets the requirements of all components and/or accessories utilizing such power throughout the vehicle.

3.4.2. Design emphasis of system furnished shall be on both reliability and serviceability.

System furnished shall be a modular type design, modular being defined as a system where major power train, chassis, body component assemblies, including lighting, wiring and switch harnesses, and heater harnesses are easily separable for purposes of repair or replacement, using either simple hand tool or automotive type plug -in connectors. Special emphasis shall be made on accessibility to all wiring harnesses in all loc ations. Wiring shall not be rendered un -accessible behind permanently installed panels or appointments.

3.4.3. The power source for all electrical equipment furnished shall be taken from a single point on the auxiliary power system that is specifically designed for this purpose.

3.4.4. The main ground wire grounding the body to the chassis shall be minimum 8-gauge size; all ground wires furnished for insulated-return type systems shall be equal in size to the feed wire in the respective circuit. Redundant grounds shall be used if required to attain the satisfactory level of system performance desired. For maximum system reliability, all serrated eyelets and screws or bolts utilized at points of ground shall be either coated or plated with an electrically conductive type of material to improve their resistance to corrosion.
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3.4.5. All electromagnetic type switches, relays and solenoids furnished shall be suppressed to protect the entire electrical system from major damage from the large negative voltage spikes these devices can produce.

3.4.6. All auxiliary electrical circuits shall be safely protected from current overloading by automatic resetting type heavy -duty automotive circuit breakers, each properly capacity sized to the circuit they serve.

3.4.7. System shall include an easy to use “master shutoff” switch located in a readily accessible area inside the main cabin. This switch shall remove battery power to all installed components (with the exception of memory circuits) for safe and total shutdown of the vehicle.

3.4.8. All terminals and connectors furnished shall be designed and approved by their manufacturer for heavy-duty automotive vocational application; material shall be a corrosion-resistant type. To eliminate disconnects; all terminals furnished shall incorporate a positive locking, seated type design to assure terminal position.

Socket (female side of connectors shall be wired to electrical source side of circuit and plug (male) side of connector shall be wired to electrical load side of the circuit to help prev ent a short circuit when disconnected. All connections made on the vehicle underbody shall be adequately protected against moisture and corrosion with dielectric grease, heat shrink tubing, or other similar techniques.

3.4.9. All insulated cable furnished shall comply with SAE Standards J1127 and J1128.

All wiring furnished in the engine compartment area, where extreme heat and fire are of concern, shall be multi-stranded, low voltage insulated automotive type cross- linked polyethylene fire-retardant SAE approved SXL type. All wiring furnished in the body portion of the coach shall be multi -stranded, low voltage insulated automotive type; either SAE approved SXL or GXL types are acceptable. All wiring in each circuit shall be of sufficient size, and with 125% capacity rating of anticipated load to transmit the electrical current load of the circuit. Sizing shall consider the length of the circuit and the voltage drop occurring in the circuit.

Voltage at the load shall be +/ - 5% of rated voltage when measured in a normal operating state.

3.4.10. All wiring shall be routed meeting the following minimum requirements:

3.4.10.1. No contact with sharp or puncturing edges.

3.4.10.2. No tension or strain between fixed points.

3.4.10.3. Adequate and safe clearance of moving parts.

3.4.10.4. 5-inch clearance from radiant heat sources.

3.4.10.5. Adequately secured to prevent pinching.

3.4.10.6. Wiring to be color-coded and numbered, grease-, oil- and moisture-resistant and securely fastened.

3.4.11. All wiring furnished shall be routed in protective harnesses, either woven vinyl or corrugated vinyl or nylon types acceptable. When harnesses go through metal 465

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 18 of 21

structure, rubber grommets shall be used to further protect the integrity of the harnesses.

3.4.12. A 12VDC, LED main cabin lighting system shall be installed to provide interior lighting meeting library minimum stack ratings.

3.4.12.1. Lighting fixtures shall be alternately configured on two (2) switches to allow a “zig-zag” lighting option at the user’s discretion.

3.4.12.2. Lighting level should be 6 foot-candles (ft-c) minimum measured on the stack face (vertically) at a height of 12 ”, and 35 ft -c maximum at any height to achieve no more than a 6-to-1 maximum-to-minimum ratio across the entire stack face.

3.4.12.3. Light output temperature shall be a “warm” white between 3000K – 4400K.

3.4.12.4. Lighting system design shall be approved by the library prior to installation.

3.4.13. LED stepwell lighting (12VDC) shall be provided at the side entries.

3.4.13.1. Shall be wired to operate in conjunction with the condition of the door.

3.4.14. One (1) Braun, Ricon or equivalent, in -body platform hydraulic wheelchair lift shall be installed inside the rear wall door.

3.4.14.1. Lift shall have a 31”W x 51”L platform.

3.4.14.2. Lift shall have an 800 lb. lifting capacity.

3.4.14.3. Installation shall include all vehicle interlocks and safety systems.

3.4.14.4. Lift shall be cycled a minimum of 20 times by the vendor after installation to ensure all adjustments are properly made.

3.4.15. Two (2) Fantastic Vent 3350 or equivalent, 3-speed, reversible roof vents shall be installed. Vents shall include thermostatic control, automatic opening dome, and automatic rain sensors.

3.4.16. One (1) AM/FM/WB/Bluetooth stereo with auxiliary input system and public address capabilities shall be installed.

3.4.16.1. System shall include four (4) high-quality interior speakers mounted in the ceiling and four (4) high quality; flush-mounted exterior speakers mounted on the exterior; two (2) on each side of the vehicle.

3.4.16.2. Each set of exterior speakers shall have a separate volume control.

3.4.17. One (1) Cradlepoint R1900 mobile version or most current series at time of installation, wireless 5G and LTE advanced ruggedized modem shall be provided.

3.4.17.1. Modem shall be powered by the auxiliary 12VDC system.

3.4.17.2. Modem shall support 5G and LTE advanced 600Mbps and DC-HSPA with SIM-based auto-carrier selection.

3.4.17.3. Modem shall include 802.11 a/b/g/n/ac wave 2 MU-MIMO WiFi to provide a hotspot in and around the vehicle.
466

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 19 of 21

3.4.17.4. Modem shall include the ability to configure a virtual private network (VPN).

3.4.17.5. Modem shall include two (2) Cradlepoint 5-in-1 GPS, modem & WiFi antennas, mounted to the exterior roof of the vehicle.

3.4.17.6. Unit shall be installed in the cab-over mechanical area.

3.4.17.7. Installation shall include one (1) CAT6 10/100 Mbps RJ-45 hardwire run to the primary workstation.

3.4.18. One (1) Seon 360 around vehicle monitoring or equivalent system shall be installed with all triggers/features connected. System shall be mounted in a location out of general view, but still readily accessible for staff. System shall include, but not be limited to the following components. Additional accessories (cables, power/sensor harness, antennas, interconnects, etc.) may be necessary to fulfill the general intent of the system, and vendors are urged to consult with system manufacturer to complete syst em operability. System shall allow a 360 -degree bird’s eye view around the vehicle at the dash.

3.4.18.1. One (1) 9”-11” dash-mounted monitor.

3.4.18.1.1. Monitor shall automatically show exterior rear (back -up) camera when the vehicle is put in reverse.

3.4.18.2. Four (4) cameras, appropriately selected for these locations: street side exterior, front exterior, curbside exterior, and rear exterior.

3.4.19. One (1) 18-foot-long (approx.) Dometic WeatherPro or equivalent 12VDC power awning shall be installed on the exterior.

3.4.19.1. Awning shall utilize a metal wrapped weather shield and a woven acrylic fabric in a color/pattern chosen by the library from manufacturer selections.

3.4.19.2. Awning shall utilize a “knee action” design support system to allow the awning to flex in the wind.

3.4.19.3. Awning shall include a wind sensor to automatically close the awning in high sustained winds.

3.4.19.4. Awning shall include a hand-held remote control in addition to a wall mounted switch located just inside the entry door.

3.4.20. Two (2) Elmech Q-scan Uniplex, or equivalent, people counter s shall be installed; one (1) in each doorway.

3.4.20.1. Systems shall include magnetically activated, 4 -digit 12mm high LED displays.

3.4.20.2. Systems shall count each person crossing the beam, regardless of the direction of approach.

3.4.20.3. Systems shall include non-volatile memory to protect against power failure.

3.4.20.4. Reference: http://www.q-scan.co.uk/uniplex.htm

467

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 20 of 21

3.5. Miscellaneous Components

3.5.1. One (1) SkyScan or equivalent atomic clock shall be furnished, with a minimum 2- inch main character size. Unit shall include readouts for interior and exterior temperature (via wireless remote sensor), day and date, and receive its synchronization signal from NIST.

3.5.2. One (1) battery-operated Carbon Monoxide (CO) detector shall be installed on the interior ceiling.

3.5.3. One (1) battery-operated smoke detector shall be installed on the interior ceiling.

3.5.4. Two (2) 5 lb. ABC fire extinguishers shall be installed in the interior, one front and one rear.

3.5.5. One (1) CO State DOT approved first aid kit shall be supplied and installed within the completed vehicle.

3.5.6. One (1) set of three (3) red emergency reflective triangles with dedicated ABS plastic enclosure shall be provided and installed.

4. OPTIONAL ITEMS (please quote these items separately)

4.1. Exterior lights

4.1.1. Four (4) Whelen 600 series or equivalent, LED weatherproof “scene” lights shall be installed: two (2) on the exterior curbside, and two (2) on the exterior rear.

4.1.1.1. Lights shall be controlled by two (2) switches in the driver’s area.

4.1.1.2. Rear mounted lights shall also be engaged by putting the vehicle in reverse.

4.2. 3rd passenger seat

4.2.1. Addition of third passenger seat integrated into the interior.

4.2.1.1. Seat and installation shall meet all applicable safety requirements.

4.3. Lighted “Open” sign

4.3.1. One (1) 12VDC lighted open sign with mounting and power connection provisions at the passenger front window.

4.4. Proximity sensors

4.4.1. One (1) parking sensor system with 4 front and 4 rear in -bumper sensors shall be installed. System shall detect obstacles using ultrasonic wave (sonar) echolocation 468

Richmond Public Library Mobile Outreach Vehicle Specifications (Version 1.1.) Page 21 of 21

technology and include a wired LED digital display with audible alert mounted in the dash area.

4.5. Alarm system

4.5.1. One (1) Aqualarm 20446 or equivalent 12VDC powered security system with cell and email alert shall be installed. System shall include the following features:

4.5.1.1. Keypad activation/deactivation.

4.5.1.2. IR remote

4.5.1.3. Motion detector

4.5.1.4. Door contacts for all doors

4.5.1.5. One (1) Aqualarm 20421 solar powered exterior siren/strobe light.

4.5.1.6. Reference: www.aqualarm.net

4.5.2. Camera system interior cameras and DVR

4.5.2.1. Add two (2) additional dome cameras to the interior of the vehicle

4.5.2.2. Add one (1) 6-channel Digital Video Recorder (DVR) with 1TB of storage.

4.5.3. Camera system remote access capability

4.5.3.1. Add remote access capabilities to the camera/DVR system via the Cradlepoint modem.

----------END OF SPECIFICATIONS----------

469

RFP – Mobile EV Outreach Vehicle

Richmond Public Library
Christopher Larsen

Proposals Due: February 22, 2024

Bidder: Farber Specialty Vehicles, Inc.

Address: 7052 Americana Parkway Reynoldsburg, Ohio 43068 Work: 614-863-6470
Cell: 740-407-7697
Contact: Brock Templin
Email Address:
[email protected]
Exhibit I
470
471

7052 Americana Parkway Reynoldsburg (Columbus), Ohio 43068 Phone: (614) 863-6470 Toll Free: (800) 852-5979 Fax: (614) 759-2098 website: www.farberspecialty.com e-mail: [email protected] Family owned and operated since 1920

Company Introduction

Farber Specialty Vehicles’ (FSV) 200,000 square foot
manufacturing and assembly plant is located next to I- 70 in Columbus, Ohio, just ten minutes from the Columbus
International Airport.

A talented workforce with an extremely high retentio n rate has been the cornerstone of Farber Specialty Vehicles’ success. Our team includes 150 skilled managers and craftsmen. Tea m leaders have been with FSV from ten to thirty-five years.

FSV production is supported by an engineering departmen t of mechanical and electrical engineers. Bodies and inter iors are custom built using AutoCAD and SolidWorks computer des ign systems.

Our customers include medical, health and dental uni ts, command and communication vehicles, emergency response
vehicles including swat, DUI, hazmat vehicles, laborat ories, mobile educational, technology, marketing display and
bookmobiles.

Bumper to bumper warranties and technical assistanc e is provided for all vehicles and components to assure o ur customers satisfaction throughout the life of the ve hicle.

Delivery and training of completed vehicles is provided by experienced technicians.

Our commitment to quality and innovation has proven it self in each vehicle we build and every customer we keep.

472
$608,478.00
CONTACT DELIVERY SHIPPED VIA F.O.B. TERMS
Brock Templin 18-20 Months Farber 50/50

QUANTITY UNIT PRICE TOTAL PRICE
1 FSV Stepvan 18 440,000.00 $ 440,000.00 $
26 Custom Book Mobile (per foot) 310.00 $ 8,060.00 $ Model Upgrade Pricing

INTERIOR OPTIONS
1 Wheelchair lift, automatic, ADA approved, w/door 6,590. 00 $ 6,590.00 $ 1 Acore, Aluminum, Powdercoat Shelving Components (per specifica tions) 29,805.00 $ 29,805.00 $ 2 Air lift tie down: Includes straps & anchors 410.00 $ 820.00 $

FINISHES & UPGRADES
1 Commerical Grade Vinyl Flooring 1,660.00 $ 1,660.00 $ 1 Exterior graphics package (Moderate Coverage) 10,000.00 $ 10,000.00 $ 1 Rubberized Undercoating 1,500.00 $ 1,500. 00 $

EXTERIOR OPTIONS
2 Patron door w/ electric step 2,200.00 $ 4,400 .00 $ 1 Electric roll up exterior awning, up to 18' 3,763.00 $ 3,763.00 $ 1 Roof rail for mounting Wi-Fi antennas w/ weatherproof acce ss hatch to interior 1,200.00 $ 1,200.00 $ 1 Exterior Storage Compartment, up to 3' 1,880.00 $ 1,880.00 $

AUDIO/VIDEO OPTIONS
1 360 Camera System 1,500.00 $ 1,500.00 $ 1 PA System w/ wireless mic: Includes 4 interior speakers & 4 exteri or speakers 2,800.00 $ 2,800.00 $

ELECTRONICS
1 Cradlepoint R1900 WiFi Router 3,200.00 $ 3,200.00 $ H.V.A.C.
2 Powered reversible roof vent w/ max air cover 650.00 $ 1,300.00 $ 1 Roof mounted air conditioner 940.00 $ 940.00 $ 2 Forced air electric heater 450.00 $ 900.0 0 $

GENERATORS & POWER SUPPLIES
1 Odyne Auxiliary Battery System (per specifications) 75,000.00 $ 75,000.00 $

LIGHTING OPTIONS
1 LED ceiling light package 3,660.00 $ 3,660.00 $

ADDITIONAL OPTIONS
0 Scene lights, LED, Each 598.00 $ - $ 0 Open sign, 12V 150.00 $ - $
0 Sonar backup system 1,400.00 $ - $
0 Camera security system: Includes 2 cameras and DVR (Cannot be configured to connect with 360 Camera System) 2,800.00 $ - $ DELIVERY AND TRAINING 9,500.00 $
TOTAL UNIT PRICE $608,478.00
SPECIAL NOTES AND INSTRUCTIONS Thank you for your business! Once signed, please fax, mail or email to the provided address.

Above information is not an invoice and only an estimate of services/goods described above.

Payment will be collected in prior to provision of services/goods described in this quote.

Please confirm your acceptance of this quote by signing this document.

CUSTOMER
7052 Americana Parkway
Columbus, OH 43068
Toll Free: (800) 331-3188
Fax: (614) 759-2098

QUOTE/PROJECT DESCRIPTION

QUOTATION
Richland Public Library
Christopher Larsen
18' Floorspace
Farber Stepvan Bookmobile
Freightliner MT50e
Specialty Vehicle Services
DATE
13-Feb-24
TOTAL UNIT PRICEMichael Swendrowski
1 Exhibit J473
Signature Print Name Date
2474

PROPOSAL FOR

RICHMOND PUBLIC LIBRARY

EXCEPTIONS/CLARIFICATIONS

EXCEPTIONS:

2.5. Body

2.5.22.5. Step wells shall be a two or three-step configuration with minimum 11” deep treads and maximum 9” risers. Each step shall incorporate heavy- duty, slip resistant commercial rubber step tread reinforced with aluminum back. The front edge of each tread shall incorporate a 2” safety yellow edge.

-Steps to be finished with black rubber step tread with white safety edge.

3. CONVERSION SPECIFICATIONS

3.1.3. Two (2) 14” x 22” single dome translucent white acrylic skylights shall be installed with white PVC interior trim.

-Due to warranty and service concerns (leaking, damage, etc) Farber no longer offers skylights.

3. CONVERSION SPECIFICATIONS

3.2. Interior

-Farber only offers tinted products.

475

Bookmobile References

Alameda County Library
Erin Berman, Division Director
510.745.1520
[email protected]
165 13th Street
Oakland, CA 94538

Miami-Dade Public Library System
101 West Flagler Street
Miami, FL 33130
Kimberly Craig, Library Contracts
305.375.5576
[email protected]

Twinsburg Public Library
10050 Ravenna Road
Twinsburg, OH 44087
Laura Leonard
330.425.3622
[email protected]

Curtis Memorial Library
23 Pleasant Street
Brunswick, ME
Joyce Fehl
207.752.5242
[email protected]

476

Shoshone- Bannock Tribes
PO Box 306
Fort Hall, Idaho 83203
Bill Snapp
208.236.1003
[email protected]

Clark County Public Library
201 South Fountain Avenue
Springfield, OH 45506
John Pelletier
937.328.6901
[email protected]

Laman Public Library
2801 Orange Street
North Little Rock, AR 72114
Richard Theilig
501.416.4729
[email protected]

Hendry School District
111 Curry Street
LaBelle, FL 33975
Richard Talada
863.843.0904
[email protected]

477

Nassau Library System
900 Jerusalem Avenue
Uniondale, NY 11553
Caroline Ashby, Director
516.292.8920
[email protected]

Walton County Public Library
3 Circle Drive
Defuniak Springs, FL 32435
Caitlin Cerise, Library Director
850.835.2040
[email protected]

Hood County Library
1402 West Pearl Street, Suite 6
Granbury, TX 76048
Jennifer Logsdon
817.573.3569
[email protected]

Monterey County Free Libraries
188 Seaside Circle
Marina, CA 93933
Hillary Theyer, Library Director
831.883.7566
[email protected]

478

1 FARBER WARRANTY POLICY

Thank you for your purchase of a Farber Specialty Vehicle, a fine product in which design and construction have received the care that quality demands. This important warranty covers many items and is indicative of our desire to stand behind our products and assure our customers’ complete satisfaction.

Farber Specialty Vehicles (FSV), 7052 Americana Parkway, Reynoldsburg (Columbus), Ohio 43068 (Warrantor) warrants the original consumer (Purchaser) for a period of (1) one year from date of delivery to the purchaser (Warranty Period), that the interior structures of the vehicle, plumbing, installation of HVAC components, electrical system consisting of all elements needed to distribute power and communication, all cabinetry and hardware, is warranted under normal use to be free of substantial defects in materials and workmanship attributable to Warrantor.

FSV warrants to the original purchaser that the body shall be free of defects. Structural integrity, fatigue in body assembly, subframe, metal or fiberglass cracking are warranted for a period of ONE YEAR from the date of delivery. This warranty applies only to the original purchaser and only while the body is installed on the original chassis, such defective parts will be repaired or replaced free of charge at FSV’s discretion and without charge for installation to the original purchaser.

Paint: The body shall be supplied with a (1) ONE YEAR paint warranty from the delivery date of the vehicle. The warranty covers cracking, peeling, bubbling, and fading of the paint. The warranty does NOT cover stone and debris chips, scratches, and accidents.

Any description of the vehicle body, whether in writing or made orally by FSV sales representatives/dealers or in specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with Purchaser’s order, are for the sole purpose of identifying the vehicle and shall not be construed as an express warranty. Any suggestions by FSV sales representatives/dealers regarding use, application, or suitability of the vehicle shall not be construed as an express warranty unless confirmed to be such in writ ing and signed by an officer of Farber Specialty Vehicles.

This warranty will not apply:

1. To any vehicle which shall have been repaired or altered outside of our factory in any manner so as in our judgment to affect its stability, nor which has been subjected to misuse, negligence, or accident, nor to any vehicle made by FSV which shall have been operated at a speed exceeding the factory-rated speed or loaded beyond the factory-rated load capacity.

2. To commercial chassis and associated equipment furnished with chassis, signaling devices, batteries, or other trade accessories in as much as, their respective manufacturers warrant them separately.

479

2 This warranty does not cover:

1. The automotive system (including the chassis and drive train), which are covered by the separate warranties of the respective manufacturers of these components.

2. Any part or component covered by a written warranty issued by its manufacturer including but not limited to: auxiliary generator, HVAC components, appliances, electronics, satellite and communication systems, medical equipment, emergency equipment, and lighting.

3. Defects caused by or related to:
a. Abuse, misuse, negligence, or accident
b. Failure to comply with instructions contained in the owners’ manual. c. Alteration or modification of the mobile unit.
d. Environmental conditions (salt, hail, chemicals, etc.)

4. Normal deterioration due to wear or exposure.

5. Normal maintenance and service items such as light bulbs, fuses, wiper blades, lubricants, etc.

6. Transportation to and from dealer or manufacturing plant location, loss of time, inconvenience, commercial loss, loss of use, and towing charges.

Owners Obligations:

If a problem occurs which the owner believes is covered by this warranty, the owner shall contact Farber Specialty Vehicles by calling the toll-free number (800) 331-3188 with sufficient information to resolve the matter. Please refer to <How to Obtain Warranty Service= document provided at the time of delivery.

Farber Specialty Vehicles
7052 Americana Parkway
Reynoldsburg (Columbus) Ohio 43068
(800) 331-3188
(614) 863-6470
fax: (614) 759-2098

[email protected]

480
481

CERTIFICATE

Certificate Number: 111517.01

The Quality Management System and implementation of:

Farber Specialty Vehicles
With Central Functions At:
7052 Americana Parkway
Reynoldsburg, OH 43068
United States

meets the requirements of the standard:

ISO 9001:2015
Scope:

Design, Engineering, Manufacturing, Repair and Servicing of Custom Mobile Specialty Vehicles.

Site Activities:
7052 American Parkway, Reynoldsburg, OH 43068 – Design, Engineering, Manufacturing, Repair and Servicing
5800 Alshire Drive, Columbus, OH 43232 – Metal fabrication, inventory. 2400 Park Crescent Drive, Columbus, OH 43232 – Warranty service.

Certification Structure: Campus

Certificate Expires: May 31, 2025
Certificate Issued: June 01, 2022
Certified Since: June 01 2016

Dr. Cem O. Onus
Managing Director

DEKRA Certification, Inc.
1120 Welsh Road, Suite 210
North Wales, PA 19454 USA
(215) 997-4519
www.dekra.us/en/audits
482
I, Frank LaRose, do hereby certify that I am the duly elected, qualified and present acting Secretary of State for the State of Ohio, and as such have custody of the records of Ohio and Foreign business entities; that said records show FARBER SPECIALTY VEHICLES, INC., an Ohio corporation, Charter No. 1321655, having its principal location in Columbus, County of Franklin, was incorporated on May 30, 2002 and is currently in GOOD STANDING upon the records of this office.

Witness my hand and the seal of the
Secretary of State at Columbus, Ohio
this 13th day of January, A.D. 2023.

Ohio Secretary of State
Validation Number: 202301302982

UNITED STATES OF AMERICA

STATE OF OHIO

OFFICE OF THE SECRETARY OF STATE
483
484
485
486
$609,418.00
CONTACT DELIVERY SHIPPED VIA F.O.B. TERMS
Brock Templin 18-20 Months Farber 50/50

QUANTITY UNIT PRICE TOTAL PRICE
1 FSV Stepvan 18 440,000.00$ 440,000.00$
26 Custom Book Mobile (per foot) 310.00$ 8,060.00$ Model Upgrade Pricing

INTERIOR OPTIONS
1 Wheelchair lift, automatic, ADA approved, w/door 6,590.00$ 6,590.00$ 1 Acore, Aluminum, Powdercoat Shelving Components (per specifications) 29,805.00$ 29,805.00$ 2 Air lift tie down: Includes straps & anchors 410.00$ 820.00$

FINISHES & UPGRADES
1 Commerical Grade Vinyl Flooring 1,660.00$ 1,660.00$ 1 Exterior graphics package (Moderate Coverage) 10,000.00$ 10,000.00$ 1 Rubberized Undercoating 1,500.00$ 1,500.00$

EXTERIOR OPTIONS
2 Patron door w/ electric step 2,200.00$ 4,400.00$ 1 Electric roll up exterior awning, up to 18' 3,763.00$ 3,763.00$ 1 Roof rail for mounting Wi-Fi antennas w/ weatherproof access hatch to interior 1,200.00$ 1,200.00$ 1 Exterior Storage Compartment, up to 3' 1,880.00$ 1,880.00$

AUDIO/VIDEO OPTIONS
1 360 Camera System 1,500.00$ 1,500.00$
1 PA System w/ wireless mic: Includes 4 interior speakers & 4 exterior speakers 2,800.00$ 2,800.00$

ELECTRONICS
1 Cradlepoint R1900 WiFi Router 3,200.00$ 3,200.00$ H.V.A.C.
2 Powered reversible roof vent w/ max air cover 650.00$ 1,300.00$ 2 Roof mounted air conditioner 940.00$ 1,880.00$ 2 Forced air electric heater 450.00$ 900.00$

GENERATORS & POWER SUPPLIES
1 Odyne Auxiliary Battery System (per specifications) 75,000.00$ 75,000.00$

LIGHTING OPTIONS
1 LED ceiling light package 3,660.00$ 3,660.00$

ADDITIONAL OPTIONS
0 Scene lights, LED, Each 598.00$ -$
0 Open sign, 12V 150.00$ -$
0 Sonar backup system 1,400.00$ -$
0 Camera security system: Includes 2 cameras and DVR (Cannot be configured to connect with 360 Camera System) 2,800.00$ -$ DELIVERY AND TRAINING 9,500.00$
TOTAL UNIT PRICE $609,418.00
SPECIAL NOTES AND INSTRUCTIONS Thank you for your business! Once signed, please fax, mail or email to the provided address.

Above information is not an invoice and only an estimate of services/goods described above.

Payment will be collected in prior to provision of services/goods described in this quote.

Please confirm your acceptance of this quote by signing this document.

Specialty Vehicle Services
DATE
14-Mar-24
TOTAL UNIT PRICEMichael Swendrowski
Richmond Public Library
Christopher Larsen
18' Floorspace
Farber Stepvan Bookmobile
Freightliner MT50e

CUSTOMER
7052 Americana Parkway
Columbus, OH 43068
Toll Free: (800) 331-3188
Fax: (614) 759-2098

QUOTE/PROJECT DESCRIPTION

QUOTATION
1487
Signature Print Name Date
2488
Request for Proposals
Richmond Public Library
EV Bookmobile

I. Project Summary
Richmond Public Library would like to purchase an all-electric Bookmobile for service to the City of Richmond.

II. Proposal submittal:

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 5:00 p.m., Pacific Time, on February 22, 2024.

The City of Richmond reserves the right to waive inconsequential irregularities.

Proposals should:
 Include 3 demonstrable examples of similar library vehicles created in the last 2 years  Respond to in detail to the Specifications (Attachment A)  Include total proposed vehicle cost
 Indicate the time to build and deliver the bookmobile.  Include contact information
Incomplete proposals may be disqualified.

Questions Concerning Request for Proposals
There will be no pre-proposal meeting. All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on February 12, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will re ceive e-mail notification of addendum. Otherwise, answers to questions received will be prov ided on the Q&A tab and notification will be sent by February 16, 2024. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

489
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the above-mentioned p roposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents r elative to a solicitation, that vendor's name will appear on the Prospective Bidders list for t hat project and will receive any addenda or notifications relating to the RFP.

III. Proposal evaluation and award
A) Proposals will be checked for completeness. Incomplete proposals may be disqualified.

B) Proposals will be evaluated by administrative library staff. Evaluation assistance may be provided by expert consultants retained by the City. Evaluation criteria will be (100 points total):
a. Library experience, including 3 examples of similar projects within the past 2 years, and other qualifications of the company (30 points) b. Satisfaction of the criteria l aid out in Specifications (Attachment A) (40 points) c. Price (20 points)
d. Vehicle delivery date (10 points)
Issuance of this RFP does not obligate the City to award the project, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer has read the RFP and understands all the requirements and conditions. Although price is very important, other factors will be taken into consideration.

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 import ant issues and points
 Receiving assurances from respondents
 Cost/budget clarifications

If the City cannot successfully negotiate a contract with the h ighest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to Commented [OA1]: Include weight for the evaluation
criteria. It is good to be transparent and inform vendors how they will be evaluated.
490
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 award 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 C).

Attachments:

A. Vehicle Specifications
B. Vehicle Floorplan
C. Standard Contract
D. Insurance Requirements
E. Business Opportunity Ordinance (16-12 N.S.)
F. Local Employment Ordinance (15-10 N.S.)
G. Richmond Municipal Code Chapter 2.60 Living Wage
H. Ban the Box Ordinance (14-13 N.S.)
I. Sanctuary City Compliance Statement

Commented [OA2]: Discuss with Risk Management which
insurance requirements to use.

Commented [KE3R2]: Lisa says Type 1
491
Farber Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
Completeness of the Proposal P/F P P P P
Library experience (20 Points) 20 20 20 20
Satisfaction of Criteria in the
Specifications (40 points) 30 35 35 38
Price (20 points) 18 13 20 18 608,478.00$
Delivery Date (20 points) 18 15 20 18 18-20 mo
86 83 95 94 358
Matthews Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
Completeness of the Proposal P/F P P P P
Library experience (20 Points) 20 20 20 20
Satisfaction of Criteria in the
Specifications (40 points) 30 30 30 35
Price (20 points) 19 15 20 17 $598,000+ $14,000
Delivery Date (20 points) 10 10 15 15 24 mo
79 75 85 87 326
TechOps Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
Completeness of the Proposal P/F P P P p
Library experience (20 Points) 20 20 20 20
Satisfaction of Criteria in the
Specifications (40 points) 30 30 40 30
Price (20 points) 0 0 0 10 $721,382
Delivery Date (20 points) 10 16 20 20 Q12025
60 66 80 80 286
ChefUnits Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
Completeness of the Proposal P/F P F P P
Library experience (20 Points) 0 5 0 0
Satisfaction of Criteria in the
Specifications (40 points) 30 35 40 35
Price (20 points) 19 15 20 19 $531,478
Delivery Date (20 points) 10 10 20 20 7-9 mo
59 65 80 74 278
EVC Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
Completeness of the Proposal P/F P? F F P
Library experience (20 Points) 0 0 0 0
Satisfaction of Criteria in the
Specifications (40 points) 0 0 0 0
Price (20 points) 20 20 20 20 $354,000
Delivery Date (20 points) 0 0 0 0 ?
20 20 20 20 80
492

Page 1 of 4 ends

May 7, 2024

Library and Community Services

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Troy Porter, Recreation Supervisor
Subject:

Bus Transportation for 2024 Summer Camp Excursions
FINANCIAL IMPACT: The proposed $20,000 expenditure is covered using the following account strings:

ACHIEVE PROGRAM SITES:
 Booker T. Anderson Community Center -
01253251-400223-40F01
 Nevin Community Center - 01253451-400223-40F01
 Parchester Community Center - 01253851-400223-
40F01
 Shields Reid Community Center-01253551-400223-
40F01

ELEVATE PROGAM SITES:
 May Valley Community Center - 01253951-400223
 Richmond Recreation Complex - 01253751-400223

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Community Services-Recreation Staff is requesting
approval of a contract with First Student, Inc. to provide bus transportation for 2024 summer camp excursions.

AGENDA
REPORT
493

Page 2 of 4 ends

May 7, 2024
RECOMMENDED ACTION:

APPROVE a contract with First Student, Inc. to provide
bus transportation services to the City of Richmond
Community Services-Recreation Division for 2024
summer camp excursions, in an amount not to exceed
$20,000, and for a term beginning July 1, 2024, and
ending December 31, 2024 – Community Services
Department – LaShonda White 510-620-6828/Ranjana
Maharaj 510-620-6972/Troy Porter 510-620-6919)

DISCUSSION:

Beginning Monday, June 10, 2024, until Friday, August 9, 2024, the City of Richmond Community Services-Recreation will provide Elevate Summer Camps at the May Valley Community Center and the Richmond Recreation Complex; and Achieve Summer Camps at the Booker T. Anderson, Nevin, Shields Reid, and Parchester Community Centers.

The Elevate Summer Camp is an at-cost summer camp opportunity where participants enjoy activities, games, sports, and special events. The Achieve Summer Camp is a no-cost summer camp provided in collaboration with the West Contra Costa Unified School District and the West Contra Costa Public Education Fund (Ed Fund). The camps include an educational component to help prevent summer learning loss while in a fun and interactive environment.

Both camps are designed to enrich the lives of youth ages 6 through 14. Each summer, to augment the camp curriculum, excursions are offered as a supplement to daily activities. These excursions are a traditional and integral part of each participant’s experience. Due to the large number of participants, bus transportation services are needed to manage the excursions effectively.

Therefore, staff solicited proposals via a Request for Qualifications (RFQ) through Bids Online from numerous transportation providers to provide the transportation needed for the 2024 summer excursions. The RFQ included the following information on the selection process and the criteria for rating the bids.

General

The City’s overall objective is the selection of a highly qualified transportation company to provide bus trips at a reasonable cost. Within its overall objective, it is also the City’s intent that:

 The selection process be fair and open.
 The selection of the transportation company be based on clearly stated objective criteria.
 Proposals be evaluated by a qualified evaluation committee.

494

Page 3 of 4 ends

May 7, 2024
Selection Process and Evaluation Criteria

 The selection process started with the receipt of proposals from interested firms.  The proposals were reviewed by an evaluation committee using the “Proposal Rating Matrix” to determine the most responsible bidders and to make a recommendation regarding the award of a contract.
 Staff had the discretion not to recommend a firm if the Staff Review Committee determined if the proposals received did not adequately meet the criteria set forth in the RFQ.

Rating Criteria

The following questions were used by the evaluation committee to rate the proposals:
 Experience demonstrated in providing transportation services, i.e., references.  Experience demonstrated in managing the company, i.e., internal controls, management personnel, etc.
 Background and skills demonstrated in understanding of the requirements of State Laws
 Proposed price
 Flexibility and Reliability

The bid results are summarized below.

Bid Results

Vendor Name

Pricing Notes Rater
Team
Score
Final
Rank
First Student,
Inc.

$16,509 Most competitive bid. Bus yard is
in Richmond, CA
287 1
Delta Charter $41,075 School buses. Buses out of
Stockton Ca, Higher bid
235 6
Zum $46,705 Higher bid 269 2
Bay Area
Charters
$48,520 Higher bid 252 4
Busloop $45,100 Higher bid. Chartered buses. 245 5
Epic Limosine $40,717.50 Higher bid 254 3
D. Harris Tours $34,400 Higher bid. 2nd lowest 229 7

Five vendors submitted a quote, and five standards were used to evaluate these bids.

Upon careful review of the quotes, City staff decided to award the contract to First Student, Inc. City staff is seeking City Council approval for a contract with First Student, Inc. to provide transportation services for the 2024 summer camp excursions in an 495

Page 4 of 4 ends

May 7, 2024
amount not to exceed $20,000, and for a term beginning July 1, 2024 and ending December 31, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Bid Project Report
496

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:

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

497

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:

LIST OF ATTACHMENTS:

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

499
500
501
502
503
504
505
506
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.

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.

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. 507
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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:

508
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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:

513
General Conditions/EJ/TE 01-19-11 6 of 13

15. Indemnification.

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.

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.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 517
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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.

518
General Conditions/EJ/TE 01-19-11 11 of 13

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.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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.

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.

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.

520
General Conditions/EJ/TE 01-19-11 13 of 13

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. 521
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):

522
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

523
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):

Transportation Providers

Type 6 – Page 1 of 3

Revised: June 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability and Automobile 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 and Automobile 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 and automobile liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.

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.

524
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):

Transportation Providers

Type 6 – Page 2 of 3

Revised: June 2011
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 minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $5,000,000 per occurrence for bodily injury and property damage.

Policy shall be endorsed to name the City of Richmond as an additional insured.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement

Applicable to General and Auto Liability Coverage.

For general liability coverage, ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 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 coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

525
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):

Transportation Providers

Type 6 – Page 3 of 3

Revised: June 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.

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.

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.

526
Exhibit G
527
528
529

CITY OF RICHMOND
Sanctuary City Compliance Statement

a. "Data Broker” means either of the following:

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."

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
FIRST STUDENT INC.

FIRST STUDENT INC.
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Page 1 of 4 ends

May 7, 2024

Library and Community Services

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Lori Reese, Project Manager II
Subject:

Standard Contract with NOMAD Transit to Expand City-
wide Shuttle Service
FINANCIAL IMPACT: The grant funds awarded from the California State Transportation Agency in the amount of $3,117,500, in
combination with the City’s match of $3,117,500 from the Environmental and Community Investment Agreement
(ECIA) Transportation Fund (Fund 1017), will cover the
cost of the amended Contract to expand shuttle service
to additional areas of Richmond.

PREVIOUS COUNCIL
ACTION:

October 17, 2023

STATEMENT OF THE
ISSUE:

On October 17, 2023, City Council accepted and
appropriated grant funds and a grant match totaling
$6,235,000 and approved a sole-source fourth contract
amendment with Nomad Transit, LLC (Via) to expand the
Richmond Moves shuttle service city-wide. Subsequently, City staff was notified by the grantor that a contract
amendment would not be accepted and instead a new
contract was required.

AGENDA
REPORT
655

Page 2 of 4 ends

May 7, 2024
RECOMMENDED ACTION:

APPROVE a sole-source contract with Nomad Transit,
LLC (Via) for expanded city-wide shuttle service through Richmond MOVES, for a not-to-exceed contract limit of
$6,235,000, and a term from March 1, 2024, through July 7, 2027 – Community Services Department (LaShonda
White 510-620-6828/Lori Reese 510-620-6869).

DISCUSSION:

City staff is requesting approval to change the amended contract approved by City Council on October 17, 2023, to a standard contract to meet the grantor’s request (Attachment 1). The scope of work and ending term of the contract will remain the same.

On October 17, 2023, City Council approved the following action to expand transit routes for an existing citywide shuttle service through Richmond MOVES (Attachment 2).
 ADOPT a resolution authorizing the city manager or their designee to enter a master funding agreement with the California State Transportation Agency and fulfill all related grant requirements;
 ACCEPT and APPROPRIATE $3,117,500 in grant funds awarded by the Transit and Intercity Rail Capital Program;
 AUTHORIZE and APPROPRIATE a grant match in the amount of $3,117,500 from the Environmental and Community Investment Agreement (ECIA) transportation budget; and
 APPROVE a sole-source fourth contract amendment with Nomad Transit, LLC (Via) to increase the contract limit by $6,235,000, for a new total contract limit not to exceed $8,335,731 and extend the term through July 7, 2027.

The Transit and Intercity Rail Capital Program (TIRCP) was created by Senate Bill (SB) 862 (Chapter 36, Statutes of 2014) and modified by Senate Bill 9 (Chapter 710, Statutes of 2015), to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. Through the six cycles of TIRCP funding, the California State Transportation Agency (CALSTA) has awarded more than $10 billion in funding to 132 projects throughout the state.

Richmond MOVES
The City of Richmond is expanding the Richmond MOVES program through funding from the Transit and Intercity Rail Capital Program (TIRCP), along with a 50 percent match from Richmond’s Environmental and Community Investment Agreement (ECIA) Grant Program. This will amount to an additional $6,235,000 in funding for three years of service (50 percent from TIRCP and 50 percent from ECIA).

656

Page 3 of 4 ends

May 7, 2024
Funding will enable Richmond MOVES to expand from what is currently a six square mile zone to a zone that will cover the entire City (see below for the updated service map). Blue indicates the current service zone, green is the Clean Mobility Voucher plus up funded expansion zone, and red is the new TIRCP expansion zone.

The service will still operate Monday-Friday from 7:00am to 7:00pm. In order to provide sufficient coverage for all residents living within the City, funding will be mainly allocated toward increasing the number of vehicle hours and the number of vehicles actively on the road. Vehicles will also be fully electrified and charging infrastructure will be installed to support the service.

The expanded service will offer additional vans to meet the growing ridership demand.

Richmond MOVES functions like a shared taxi, where on-demand, convenient and affordable rides are available to Richmond residents. With Richmond experiencing an increasing interest in carpooling and ridesharing, the “Richmond Moves” technology makes it easier to connect and manage people who want to use the service. Utilizing a cloud-based management software gives commuters the tools to carpool with coworkers and neighbors who want to save money and reduce congestion.

Other objectives the service meets:

 The service reduces pollution in Richmond caused by greenhouse gas emissions. 657

Page 4 of 4 ends

May 7, 2024
 Commuters who share rides can save big on their monthly transportation costs.  The service helps participants forge and develop new personal and professional connections.
 People who use the service report lower levels of commute-related stress than solo drivers.
 The service helps reduce commute times by giving access to specialized infrastructure.

The project supports residents in reaching major employer and educational destinations and provides a critical first-mile last-mile connection to regional transit hubs, including BART, Amtrak, and the Richmond Ferry Terminal. The City of Richmond has and will continue to work with community organizations, such as Friends of Richmond, Commission on Aging, Strategic Growth Council, and Richmond Community Foundation to deeply engage low-income and disadvantaged residents.

The delay in bringing this item for City Council approval is due to staffing constraints and staff ensuring that contract language met grantor’s requirements. Approval of this contract will allow the continued expansion of the Richmond MOVES program.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract with Nomad Transit, LLC Attachment 2 – City Council Meeting Minutes from October 17, 2023 (Item P.7.d) Attachment 3 – Approved Sole Source Nomad Transit, LLC

658

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:

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

659

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:

LIST OF ATTACHMENTS:

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

661
Transit as-a-Service (TAAS) SERVICE ORDER1

1. Purpose; Scope

By this service order (the “Order”), Nomad Transit, LLC (“Nomad”), a wholly owned subsidiary of Via Transportation, Inc. (“Via”), and City of Richmond (“Customer”) agree to collaborate towards the initiation of Customer’s demand response transit service in Richmond, California, for 36 months, subject to extension by mutual agreement of the parties.

In accordance with the Agreement, Nomad will provide Customer with technology and technology-enabled integration services (the “Services”), acting as a broker coordinating the services of third-party service providers to effectuate the on-demand transit service (the “Deployment”). Nomad will contract with third party service providers to effectuate such integration, including with fleet managers, vehicle suppliers, driver partners, background check providers, customer service support agencies, a payment processor and insurance brokers and underwriters. Nomad’s Services will include:

● Localization of a proprietary cloud-based dynamic vehicle routing and real-time passenger aggregation system;
● Access to the Via mobile rider application (iOS and Android) for individuals using the Customer’s service (“Riders”) to book and pay for rides through a smartphone; ● Access to telephonic bookings for Riders who do not have access to a smartphone; ● Access to the Via mobile driver application for drivers to route and service rides through a smartphone or tablet;
● Establish relationship with vehicle rental company (“Vehicle Partner”) to provide access to vehicles on a rental basis to independent contractor driver partners (“Driver Partners”) who shall provide transportation services;
● Accompanying technical and operational support service; ● Marketing and outreach initiatives as described herein. ● Data sharing and reporting as described herein.

Conflicts between this Service Order and any other terms and conditions or written agreements between the parties shall be resolved in favor of this Service Order.

2. Duration & Launch Date

The duration of the Deployment shall last for a period of 36 months following the date of this Service Order (the “Initial Term”), subject to extension by mutual agreement of the parties on terms to be agreed (including any increase in monthly fees for additional months).

3. Fees

The Fees for the service described in this Order are:

1 All capitalized terms used but not defined herein shall have the meaning set forth in the Master Terms and Conditions for Via Transit as a Service signed by NoMad and Customer (the “Terms”). 662

The table below outlines the payment structure, in which Customer would be charged an upfront fee, a price per driver hour, and a price per ride. All regulatory fees related to the service will be charged as a pass through cost. The Deployment shall include a fleet of vehicles as described in Section 4, Service Parameters, subject to extension by mutual agreement of the parties on terms to be agreed (including any change in fees). The total contract value shall not exceed $6,235,000 for the Initial Term.

Customer will be billed for the above fees as described below. Driver hours and rides will be billed as incurred at the end of each month. Customer shall pay the following fees to Nomad:

Fixed (Upfront) Costs
Customer shall pay to Nomad a non -refundable installation fee of $ 325,000, $125,000 of which will be payable upon signing of this Order. The remaining $200,000 is intended to cover a Clipper Card Integration and will be invoiced upon the commencement of the integration.

Ongoing Invoice Fees
Customer shall pay the following fees to be invoiced monthly by Nomad, starting upon launch of the Deployment:
● Months 1-12: $88.27 per driver hour
● Months 13-24: $90.92 per driver hour
● Months 25-36: $93.65 per driver hour

Minimum fees: Notwithstanding the foregoing, the monthly ongoing invoice fees payable by Customer shall not be less than $45,000 per month for the duration of the Deployment.

Nomad will invoice Customer on or around the 15th of each month for driver hours and rides incurred in the prior month.

Should changes in applicable federal, state or local law result in a significant change in Nomad’s costs, Nomad or Customer may opt to renegotiate the ongoing on-demand service hour fees.

Fare Revenue
Customer shall set up a partner account with Braintree and collect and own all revenue from service fares, net of service fees, starting upon launch of the Deployment. Customer may choose to designate any amount of revenue from service fares, net of service fees, for the purchase of additional driver hours.

4. Service Parameters

Nomad will provide access to a platform service (the “ Platform”) through which Riders will be able to book and pay for rides on a shared and on-demand basis; and dedicated vehicles will be offered by the Vehicle Provider to Driver Partners on a rental basis.

● Geographic Coverage Zone: Approximately 19.4 square miles coverage zone in Richmond, California.
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● Service Days/Hours: Monday through Friday, 7am to 7pm ● Rider Fare: The rider fare will be $2, however rider fares will be free for designated groups, to be mutually determined by Customer and Nomad in writing During the duration of the Deployment, rider fare may be amended by mutual agreement between Customer and Nomad. Nomad will ensure acceptance of Rider payment through the app via credit cards and pre-paid debit cards.
● Vehicle Fleet: The Vehicle Provider will offer a fleet of up to 8 branded, licensed and insured vehicles, to be made available to independent contractor Driver Partners, who will be able to gain access to these vehicles after being registered onto the Platform. Vehicles will have bike racks for Riders who have specified such requirements. Two vehicles will be wheelchair accessible vehicles. The operation hours will be Monday through Friday from 7 am to 7 pm.

Nomad will ensure the execution of the necessary registrations and licensing to perform the Services, with the cooperation and assistance of the Customer.

Parking: Customer shall identify and make available a depot or parking lot with ample overnight parking for the dedicated fleet. The depot/lot must be in a safe and lighted area inside the boundaries of the service zone, and ideally be located within walking distan ce of a publicly accessible bathroom or shall come equipped with a port-a-potty.

5. Project Team & Governance

Nomad will be responsible for the integration of all relevant elements of the Deployment on a continuous basis during the course of the Deployment and will designate a project manager for this purpose (the “ Nomad Project Manager”) who will lead Nomad’s Project Team. Customer will designate a project manager to be the primary point of contact with Nomad throughout the duration of the Deployment (the “Customer Project Manager”). The Nomad Project Manager will be in regular contact with the Customer Project Manager through informal and scheduled project meetings.

The Nomad Project Manager will be empowered to enact day -to-day decisions related to the Services and will serve as the primary point of contact with the Customer Project Manager on an ongoing basis. The Nomad Project Manager will appoint members to the Project Team to assist in the integration of the various elements of the Deployment, to include personnel with expertise in service scoping, independent contractor driver outreach and registration to the Platform, fleet maintenance procurement, marketing, and data analytics. For the avoidance of doubt, the Nomad Project Manager will have no power to serve notice or amend the Agreement, or this Order.

Leading up to the launch of, and during the course of the Deployment, Nomad’s Project Team, led by the Nomad Project Manager, will liaise with the Customer Project Manager over the key deliverables of this Order and to endeavor to maximize ongoing service optimization.

6. Driver Partner Registration & Supply Management

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Nomad will source Driver Partners to provide transportation services to Customer through the Platform. Nomad will engage in a good faith effort to register Richmond residents as Driver Partners.

Nomad will ensure that Driver Partners have appropriate licenses, permits, and insurance required for the type of vehicles being operated. As part of Driver Partner registration for access to the Platform, all Driver Partners will be introduced to Nomad with the following areas covered: familiarization with the Deployment service areas; hours of service; Customer’s expectations; use of the Driver App; and reporting incidents and delays in service.

Nomad will be responsible for ensuring that there is adequate driver supply for each service zone within designated hours to meet demand with optimal quality of service, given constraints.

7. Rider and Driver Partner Support

Nomad will ensure the provision of customer service and support for Driver Partners and Riders on issues that arise in connection with use of the Platform.

Following each ride, the Rider will be prompted to submit a ride rating with feedback in the app.

If an issue arises for a Rider or Driver Partner before, during, or after a ride, these parties will be able to reach customer support staff by phone, or by submitting an email ticket, which will be replied to promptly by such customer support staff.

8. Marketing, Promotions, & Press

Nomad shall work closely with Customer to determine a unified marketing and promotional program that increases community awareness of the service and maximizes its success.

The Deployment, including the rider app will be co-branded as “powered by Via”. The “powered by Via” banner must be used only in the exact format provided by Nomad and will be prominent on all assets promoting the Deployment, including (but not limited to) printed collateral, digital materials, websites, and any vehicle wraps. The “powered by Via” banner will have equal prominence on all marketing materials to any additional partner logos or trademarks. Nomad may provide pre-approved brand assets and guidelines that must be complied with in all marketing communications distributed by the Customer.

All Customer-developed content that pertains to Via’s brand, technology, and operations must be reviewed and approved in writing (i.e. email) by Nomad before distribution. A minimum of five business days review time must be provided in advance to NoMad] for its review.

Nomad shall provide marketing strategy for the Deployment, including the following activities and tactics:

● Develop a marketing plan to guide the overall strategy and tactics to drive Rider awareness, acquisition, and growth.
● Design key marketing collateral (print and digital).
● Design vehicle branding/graphics in coordination with the Customer. 665
● Create virality by providing an intuitive and frictionless referral program with customizable incentive structures that creates opportunities for Riders to become the service’s biggest ambassadors.
● Manage digital marketing campaigns to build awareness and drive service adoption. ● Propose and implement in-app promotional programs to drive Rider activation, retention, growth.
● Customer shall assist with the execution of the marketing plan and promotion of the Platform to Riders, and will coordinate closely with Nomad in all respects, including the following activities:
● Develop a media relations plan to drive publicity for the service unique to this area, including a press release and kick-off event that is planned in conjunction with Nomad.

All key project messaging used for public relations purposes is to be developed in collaboration with Nomad. Any media announcement on the Deployment will be made available for Nomad’s review and approval prior to the Launch Date. ● Implement community outreach plan by meeting with key organizations and community members ahead of Launch Date and throughout the duration of Deployment to educate, build awareness, and garner support for the service.
● Engage with local city leaders and politicians; request support in reaching out to their communities through their own communication channels.

The Customer shall provide Nomad with a detailed marketing plan for the portions of marketing that the Customer is leading at least 4 weeks before the launch of the service. Nomad and Customer will work collaboratively to refine the plan as needed. For the avoidance of doubt, Nomad will have the flexibility to execute similar marketing initiatives as the Customer at its own expense. In such cases, Nomad will coordinate with the Customer in advance.

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9. Data Sharing & Reporting

Nomad will share data from the Deployment as set forth in Appendix 1 (the “Deployment Data”).

The Deployment Data shall be made available in formatted numerical and graphical reports.

For the avoidance of doubt, the information above constitutes proprietary trade secrets of NoMad and Via and shall be subject to the confidentiality obligations set forth in the Agreement.

VIA: NoMad Transit LLC

CUSTOMER: THE CITY OF RICHMOND

_________________________________________
Authorized Signature

_________________________________________
Printed Name

_________________________________________
Title

________________________________________
Authorized Signature

_________________________________________
Printed Name

_________________________________________
Title

________________________________________
Date Signed

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Appendix 1 to Service Order

Data Sharing

Authorized Users - Contract

The below exhibit sets forth the members of the Customer’s “Core Team” who are designated authorized users of the Via Solution and Pilot Data. Any usage beyond the members of the Core Team would be in violation of the confidentiality provisions in the Terms.

Exhibit 1.

Core Team
Title Name
Program Manager Lori Reese-Brown

Data Sharing Plan - Appendix

As part of the service, Nomad will make below data available to members of the Customer’s Core Team, for the purpose of performance tracking and program evaluation. The data to be shared will be available in the Via Operations Center and only available to members of the Core Team identified to require access. Underlying data may not be shared through any other method than Via Operations Center access. The data is considered trade secret by Via, and is subject to the confidentiality and other protective provisions set forth in the Terms.

To protect Via’s intellectual property and the privacy of Riders, Nomad will provide the following data tables and dashboards in the form of aggregated Via Operations Center reports that will be provided for Customer’s access. These reports will be refreshed daily. The reports are aggregated, de-identified and do not include any personal information of Riders.

Section A: STANDARD REPORTING SET
Dashboard Data / Graphs provided
Top Level Service Operations
Metrics
Key service metrics filterable by
time period
• Total ride requests: the total number of attempts
by riders to book a ride (or delivery) from an origin
to a destination.
• Requests during service hours: “Total ride
requests” made during service hours.
• Met Demand: the total number of Ride Requests
that received a ride proposal.
• Met Demand Rate: ‘Met Demand’ out of ‘Total
ride requests,’ as a percentage.
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• Completed rides: the total number of riders
(including additional passengers) successfully
transported.
• Completed Rides Rate: ‘Completed Rides’ out of
‘Total ride requests,’ as a percentage.
• Utilization: the average number of passengers
transported per vehicle per hour.

Service Operations Metrics
Graphs
Graphs/visualization of key
metrics by day, week, month, or
specific days of the week
• Met Demand: total number of Ride Requests
broken out by met demand and rides unable to
fulfill.
• Detailed Ride Requests Status: A detailed
breakdown of the outcome for each Ride Request
(e.g., completed, cancelled, no show)
• Utilization: the average number of passengers
transported per hour by day
Rider Experience
Snapshot of quality of service
and rider experience
Top Level Metrics
• Average Ride Duration: average time in minutes
from pickup to dropoff (displayed for completed
rides only).
• Average Ride Rating: average ride rating
provided by riders (out of 5 stars).
• Average Pickup Walking Distance: walking
distance from the origin requested by the rider to
the actual pickup location assigned.
• Dropoff Time Requested vs. Scheduled: the
average difference in minutes between the
dropoff time requested by the rider and the
scheduled dropoff time provided by the system at
the time of booking.
• Dropoff Time Scheduled vs. Actual: the
average difference in minutes between the
scheduled dropoff time and the actual dropoff
time.
• Pickup Time Requested vs. Scheduled: the
average difference in minutes between the pickup
time requested by the rider and the scheduled
pickup time provided by the system at the time of
booking.
• Pickup Time Scheduled vs. Actual: the average
difference in minutes between the scheduled
pickup time and the actual pickup time.

Rider Experience Graphs (filterable by day, week, month) • Average Ride Duration
• Average Ride Distance
• Average Ride Rating
• Average Pickup Walking Distance
Data Generator: Ride Request
Table
Data Columns in Table
• Request Creation Date
• Request Creation Time
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Detailed table of every ride
request made for the service
• Request ID
• Request Status
• Rider ID
• Wheelchair Accessible
• Number of Passengers
• Origin Address
• Origin Latitude
• Origin Longitude
• Destination Address
• Destination Lat
• Destination Lng
• Ride Price
• Ride Distance
• Ride Duration (min)

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RICHMOND, CA DEPLOYMENT SERVICE ORDER

By this service order (the “ Order”), Nomad Transit LLC, a Delaware company with its principal office located at 10 Crosby Street, Floor 2, New York, New York 10013 (“ Nomad”), and the customer identified below (“Customer”) agree to collaborate towards the operation by Customer of a deployment in Richmond, CA (the “Deployment”).

Customer Name: City of Richmond

Customer Entity Type / State of Incorporation: City
Customer Notice Address: 440 Civic Center Plaza
Richmond, CA 94804

Customer Email: [email protected]
Term: The duration of the Deployment shall last until the last day of the calendar month during which a period of 60 from the service launch, subject to extension by mutual agreement of the parties on terms to be agreed (including any increase in monthly fees for additional months).

Services: Customer will receive access to the standard Via Solution and automatic software updates, comprised of:
(a) Fully localized proprietary routing and matching algorithms that analyze all trip requests, assign riders dynamically to the best-suited vehicle, and group passengers headed in the same direction into efficient shared rides powered by Nomad’s patented technology;
(b) Integrated reservation system to accept and schedule trips booked in real time, in advance, or on a recurring basis; (c) Downloadable iOS and Android rider apps that allow customers to book rides, track vehicles in real time, pay for trips, and troubleshoot any issues. The rider apps shall be dedicated to this Deployment. For the avoidance of doubt, the rider apps used in connection with the Transit- as a-Service (TAAS) Service Order entered into between Customer and Nomad will not be utilized in connection with this Deployment; (d) A web-based booking portal to book trips;
(e) Downloadable driver app that provides efficient turn-by-turn directions; the app allows drivers to start and end driving time, schedule breaks, and contact live support; (f) Access to the Via Operations Console (“VOC”), which allows administrators to perform a variety of functions, including booking trips, checking trip details, adjusting account information, and providing customer support, and accessing reports, as provided for in Appendix 1; and
(g) Access to the data reporting set out in Appendix 1, made available via the VOC.

Support Services – Installation. Nomad provides installation support for up to four weeks after the Deployment begins serving Riders, consisting of:
(a) Localization for the Deployment Zone (defined below), including optimizing the algorithm, configuring back -end, and defining acceptable pick-up and drop off points;
(b) Testing and quality assurance;
(c) Helping Customer to build a launch plan and rider acquisition strategy; and (d) Instruction for drivers, dispatchers, and managers on Nomad’s best practices as remote launch support Support Services – Ongoing. The following services are included in the fees up to the number of hours per month identified below:
(a) Operational support and system adjustments: Includes algorithm adjustments and changes to virtual bus stops / pickup points at request of Customer: up to 10 hours per month (b) Expert consulting: up to 5 hours per month
● Marketing and growth: help setting up complex promotions, review and assistance for third party tools that can integrate into Nomad’s tech
● Operations: Including supply optimization analysis, payment & fraud investigation, and business case/unit economics analysis
● Service expansion: Including feasibility analysis for service expansions or additional projects (c) Tech Support: Dedicated Nomad point of contact will use commercially reasonable efforts to respond within one business day for non-critical issues (upon receipt of a detailed description of the issue as requested by Nomad) and to ensure that assistance is provided within a reasonable time frame. Nomad will also provide Customer with an appropriate channel for alerting Nomad to system outages or other critical issues, with respect to which Nomad will provide emergency assistance.

Nomad will notify Customer if Customer is within 1 hour of exceeding the capped hourly limit on Operational Support and System Adjustments and/or Consulting Services. If requested, hours beyond those set out above will be charged on an hourly rate.
(d) Additional Services. Nomad can provide optional add-on services, including consulting, fixed route referral, live agent support, multi-modal or third party trip planner integrations, media and advertising services, marketing support, or access to our Remix® transit planning software for an additional fee. More details available upon request.
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Customer Responsibilities.
(a) General. Customer will operate and manage the Deployment as set forth in the Terms, Customer shall cooperate with Nomad as necessary for the purpose of setting up the Deployment and its specifications, including by providing prompt feedback to Nomad’s inquiries and providing local insights, in order to meet mutually agreed upon deadlines.
(b) Support Requests. At the start of the project, Nomad will direct Customer towards the relevant CRM tools to log requests. In order to trigger a Product Maintenance request, requests for product maintenance must contain detailed information about the nature of the request. Requests for additional features m ay be subject to additional fees.
(c) Payment Processing. The fees set forth above do not include any owed to the third party payment processor.

Nomad will facilitate an introduction to its recommended payment processor and Customer is responsible for entering an agreement with such payment processor in order to be able to process credit card payments.

Fees.

Customer shall pay Nomad the following Fees for the Term, subject always to the Minimum Monthly Fee set out below:

Fee Category Amount Invoicing Terms
Installation Fee $30,000 Payable upon signing of this
Order
Monthly Fees
Year 1 per-vehicle fees ● For 1-3 vehicles: $1,000 per vehicle per calendar month with a minimum of $2,000
per month (i.e. 2-vehicle minimum)
● For 4-10 vehicles: $400 per vehicle per
calendar month
● For 11-15 vehicles: $350 per vehicle per
calendar month

Subject to a minimum of $1,000 per month (i.e a 2
vehicle minimum) (the “Minimum Monthly Fee”)
Advance Annual Payment in
accordance with paragraph 1
below

Year 2 per-vehicle fees ● For 1-3 vehicles: $1,050 per vehicle per calendar month with a minimum of $2,200
per month (i.e. 2-vehicle minimum)
● For 4-10 vehicles: $420 per vehicle per
calendar month
● For 11-15 vehicles: $370 per vehicle per
calendar month

Advance Annual Payment in
accordance with paragraph 1
below
Year 3 per-vehicle fees ● For 1-3 vehicles: $1,105 per vehicle per calendar month with a minimum of $2,210
per month (i.e. 2-vehicle minimum)
● For 4-10 vehicles: $440 per vehicle per
calendar month
● For 11-15 vehicles: $390 per vehicle per
calendar month

Advance Annual Payment in
accordance with paragraph 1
below
Year 4 per-vehicle fees ● For 1-3 vehicles: $1,160 per vehicle per calendar month with a minimum of $2,320
per month (i.e. 2-vehicle minimum)
● For 4-10 vehicles: $460 per vehicle per
calendar month
● For 11-15 vehicles: $410 per vehicle per
calendar month

Advance Annual Payment in
accordance with paragraph 1
below
Year 5 per-vehicle fees ● For 1-3 vehicles: $1,220 per vehicle per calendar month with a minimum of $2,440
per month (i.e. 2-vehicle minimum)
● For 4-10 vehicles: $485 per vehicle per
calendar month
Advance Annual Payment in
accordance with paragraph 1
below
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● For 11-15 vehicles: $430 per vehicle per
calendar month

Total Minimum Amount
for 60 Months
$162,840 assuming 2 vehicles (excluding additional vehicles in excess of the minimum and any Fees for any Additional Services)

The Customer agrees to pay the Minimum Monthly Fee (i.e. the monthly vehicle minimum fees set out in the table above) for a period of 12 months in advance and annually thereafter (the "Advance Annual Fee"). Nomad will submit an invoice for Advance Annual Fee upon signature of this Order payment due in accordance with the Terms. For the avoidance of doubt, the first Advance Annual Fee is due in advance of Launch. Nomad will invoice the Advance Annual Fee annually thereafter for the remainder of the Term.

In the event that the per -vehicle-fees incurred for a given month exceed the Minimum Monthly Fee, Customer shall be responsible for paying the difference for each such month (“Monthly True-Up”) within 15 days of the date of such invoice.

Nomad will calculate any fees due as Monthly True Up each month and provide Customer with an invoice calculating the per-vehicle fees actually incurred based on the actual number of active vehicles used during the previous month.

The Customer agrees that the sample invoice set out in Appendix 2 is satisfactory to Customer, both in substance and format.

Nomad shall calculate the Fees due. For the avoidance of doubt, (i) the number of vehicles per month for purposes of the above fees shall be the maximum number of distinct vehicles input by Customer that use the Via Solution on any given day over the course of the applicable calendar month and (ii) in the event the duration of the Deployment does not exactly match calendar months, monthly fees will be prorated for the first and/or last calendar months of the Deployment, as applicable, so that Customer will only be charged for the portion of such months during which the Via Solution was available to be used for the Deployment.

Customer shall reimburse all travel expenses of Nomad personnel for purposes of the Deployment. Installation -related services described above will initially be performed remotely, and if Nomad deems it necessary, in person by Nomad personnel for a limited period around launch. Thereafter, services will continue to be performed remotely as applicable, provided that Nomad personnel can be sent to Customer’s location for additional trips upon reasonable request.

Twilio. Price includes our generic package for Twilio cost for 4 SMS notifications and 1.25 minutes of Twilio voice time per ride, at a maximum of $0.05 per ride on average for all rides completed within each calendar month. Any costs associated with Twilio in excess of $0.05 per ride will be billed to the Customer as at cost plus 10% on a monthly basis .

Branding. The Deployment will be branded as R-Transit powered by Via. The “powered by Via” banner must be used only in the exact format provided by Nomad, and will be prominent on all assets promoting the Deployment, including (but not limited to) printed collateral, digital materials, websites, and any vehicle wraps. The “powered by Via” banner will have equal prominence on all marketing materials to any additional partner logos or trademarks. Nomad may provide pre- approved brand assets and guidelines that must be complied with in all marketing communication s distributed by the Customer.

Additional Terms.

1. Use Rights.

(a) Use Rights. Subject to the terms and conditions herein, Nomad will provide the Services, as defined herein. The Services will include all related services, functions or responsibilities not specifically described in this Agreement, but that are required or reasonably necessary for the proper performance of the Via S olution in connection with the Customer transportation service. Nomad will grant Customer subscription, access, and use rights (“Use Rights”) for the specific applications and deployment types identified in this Order.

(b) License to the Applications. In connection with the provision of the Via Solution, Nomad provides a limited, non-exclusive license during the Term to Customer to the applications for use with the devices for the Customer transportation service and sublicense to riders, drivers and local operators, subject to the terms set out in Nomad’s Privacy Policy and Terms of Use. Customer shall be solely responsible for displaying a privacy policy to riders and ensuring it contains terms that are both compliant with applicable law, and sufficient to permit Nomad and its agents to lawfully perform hereunder.

2. Disclaimer. Notwithstanding anything to the contrary express or implied in in this Agreement, Nomad shall have no liability to Customer or any passenger (including no duty to defend, indemnify or hold Customer harmless) for any Transport Incident where “Transport Incident” means any accident, incident or other situation involving any 673
Passenger (including negligent, willful and/or criminal acts and omissions), Device, vehicle or equipment employed by Customer in the use, provision or servicing of the Customer Transportation Service and/or any employee or agent of Customer operating such vehicle, Device or equipment or otherwise acting on behalf of Customer (including the acts and omissions of such employees or agents while using the Application or viewing or using any device from which the Application is displayed). Transport Incidents include actual or alleged violations of Applicable Laws and the Transportation Law components thereof.

3. Compliance with Applicable Laws. Prior to launch of the Deployment, the parties will work together to ensure compliance with all applicable laws and regulations, including The California Consumer Privacy Act.

This Order shall be governed by the terms and conditions set forth in the City of Richmond Standard Contract signed between the parties, as of [DATE] (the “Terms”). Capitalized terms used herein and not otherwise defined shall have the meaning in the Terms. By signing below, the parties agree to the Terms.

NOMAD TRANSIT LLC CITY OF RICHMOND

By: By:

Name: Name:

Title: Title:

Date: Date:

Appendix 1 to Service Order

VOC use and Data Sharing

Authorized Users
The below exhibit sets forth the members of the Customer’s “Core Team” of personnel who are designated authorized users of the VOC including access to the data detailed below (the “Core Team”). Access to the VOC is conditional upon Customer notifying Nomad with reasonable advance notice of the name, title, email address and any other details Nomad may reasonably require of the members of the Customer Core Team. The Core Team may be updated during the Term subject to Nomad’s consent.

Exhibit 1.

Core Team
Title: Transportation Services Project Manager Name: Denee Evans Name: Mary Cummings
Name: Deborah Dabbs
Customer to provide details no later than one month prior to Launch
Customer to provide details no later than one month prior to Launch

Customer Core Team will be granted suitable permissions to allow them to manage and authorize access of additional Customer personnel as secondary users (“ Secondary Users”) to the VOC. All Core Team and Secondary Users will be subject to Customer’s confidentiality and non -disclosure obligations, as described in the Terms. For the avoidance of any doubt, Customer’s Core Team responsibility includes granting permissions to S econdary Users only to the extent such permission is needed for the Customer’s 674
operation of the Deployment and in compliance with applicable privacy legislation, and removing any Secondary User access once it is no longer needed. Nomad retains the right to deny or revoke any Core Team or Secondary User access if Nomad suspects that such access may be causing or have caused a breach of the Terms, or any user guidance Nomad issues from time to time.

Authorized Operators

Customer may not provide access to the Via Solution to any third party except with Nomad’s prior written consent. In the event that Customer wishes to engage a third -party operator (“Operator”) to operate the Deployment, Customer shall provide Nomad a copy of an Operator Acknowledgement Form in the form required by Nomad, duly executed by such Operator, as a prerequisite for Nomad’s allowing the Operator access to the Via Solution. For the avoidance of doubt, no Operator will be allowed access to the Via S olution without having signed the Operator Acknowledgement Form. Customer Core Team will be responsible for grant of VOC permissions to the Operator’s team, which will be considered Secondary Users for all purposes. As between Customer and Nomad, Customer shall remain responsible for acts and omissions of any Operator as it relates to Operator's access to the Via Solution.

Data Sharing Plan

As part of the Deployment, and as detailed below, Nomad will make access to data available to members of the Customer’s Core Team, and any above-authorized Customer’s Secondary User(s) and/or Operator(s), for the purpose of research and program evaluation for the duration of the Term. The data will be accessib le in the VOC, and may not be shared through any other method unless otherwise authorized in writing by Nomad. Any and all data made available under this Order are trade secrets of Nomad, and subject to the confidentiality and other protective provisions set forth in the Terms at all times. Customer may not share any such data with anyone not authorized in accordance with this Appendix 1.

To protect Nomad’s Intellectual Property Rights and the privacy of riders, Nomad will provide the following data tables and dashboards in the form of aggregated reports and data tables to Customer through VOC:
● Service KPI Dashboards: Visualized dashboards and graphs of Key Performance Indicators. These dashboards provide a high level view of the overall service performance across a number of metrics and periods of time. Dashboards are available for download as .jpeg files or in raw form as excel spreadsheets. ● Data Generator: Set of tables with granular raw data about the service that are available for download as excel or csv spreadsheets.

The reports will be refreshed daily. The reports are aggregated and any information about individual riders is de-identified. [Additional off-the-shelf reporting may be made available to Customer upon request at Nomad’s discretion. Custom reports will need to be scoped and may come at additional cost.]

SERVICE KPI DASHBOARD
Dashboard Report Metrics
Service Operations
Metrics & Graphs

● Total ride requests
● Requests during service hours
● Met Demand
● Met Demand Rate
● Completed rides
● Completed Rides Rate
● Detailed Ride Requests Status
● Active Riders
● Driver Hours
● Utilization
Rider Experience
Metrics & Graphs

● Average Ride Duration
● Average Ride Rating
● Average Pickup Walking Distance (corner-to-corner services only) ● Aggregation Rate
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● Average ETA
● Dropoff Time Requested vs. Scheduled*
● Dropoff Time Scheduled vs. Actual*
● Pickup Time Requested vs. Scheduled*
● Pickup Time Scheduled vs. Actual*
*Pre-booked rides only
Rider Growth
Metrics & Graphs

● Accounts Created
● Active Riders
● Total Riders Who Requested a Ride
● Total Riders Who Completed a Ride
● Completed Rides Per Rider
Ride Rating
Metrics and Graphs
● Avg. Ride Rating
● Total Bookings with Ratings
● Percent Bookings with Ratings
● Total Five Star Ratings
● Percent Five Star Ratings
● Label per Rating
● Rating Distribution
Advanced
Prebooking Metrics
& Graphs
(prebooking only)
● Request Source
● Recurring Type
● Hours Booked in Advance
● Hours Canceled in Advance

676

DATA GENERATOR
Table Data Columns
Ride Request Table

● Request Creation Date & Time
● Request ID
● Request Status
● Rider ID
● Wheelchair Accessible
● Booking Method
● Number of Passengers
● Booking type (PB+OD only)
● Origin Address
● Origin Lat + Long
● Destination Address
● Destination Lat + Long
● Actual Pickup Time
● Cancelation Time
● No Show Time
● Ride Price
● Ride Distance
● Ride Duration (min)
● Ride Rating
Rider Activities
Table
● Rider ID
● Account Creation Date
● Total Requests
● Total Completed Rides
● Total Cancellations
● Total No Shows
Drivers Table

● Drive ID
● Driver Name
● Driver Email
● Active Status
● Total Shift Hours
● Avg. Shift Hours Per Day
● Avg. Shift Hours From First Assignment Per Day
● Avg. Break Hours Per Day
● Total Accepted Rides
● Avg. Rating From Riders
677
Vehicles Table

● Vehicle ID
● Active Status
● Visual ID
● Short Visual Identifier
● Maker
● Color
● Vehicle Capacity
● Max Capacity
● Wheelchair Capacity
NTD S-10 Report
Available upon
request for required
reporting to the
FTA. (United States
only)
● Service Date
● Day of the Week
● Vehicles Operated in Maximum Service (VOMS)
● Actual Vehicle Hours
● Actual Vehicle Miles
● Vehicle Revenue Hours
● Vehicle Revenue Miles
● Unlinked Passenger Trips
● Passenger Miles Traveled

678

Appendix 2 to the Service Order
Sample Invoice

CONFIDENTIAL

Nomad Transit LLC
114 Fifth Avenue, Floor 17
New York NY 10011 United States

Bill To
[Partner] [Address]

Invoice

Date
Invoice #

Terms Net 15
Due Date
PO #
Billing Period

Description Rate Quantity Amount

[Description of the Fee: Vehicle Fees, Ride Fees and/or Total Vehicle Hours] Tax Code Summary

Please make checks payable to:
[__]
P.O. Box 7410493
Chicago, IL 60674-0493

Wire Instructions:

Bank of America, N.A.
222 Broadway,
New York, NY 10038
Wire Routing # - 026009593
ACH Routing # - 021000322
Account # - 483065995955
Swift Code - BOFAUS3N

Total
679
CCPA and CPRA Service Provider Addendum

This CCPA and CPRA Addendum (this “Addendum”), effective as of [Date], is incorporated into and forms part of City of Richmond Standard Contract signed between the parties, as of October 1, 2021, as well as all subsequent service orders, renewals, and amendments (collectively, the “ Agreement”), entered into by and between City of Richmond (“Customer”) and Nomad Transit LLC (“Service Provider”).

The parties acknowledge and agree that Service Provider is a service provider for the purposes of the California Consumer Privacy Act (the “CCPA”) and California Privacy Rights Act (the “CPRA”). Service Provider certifies that it (i) understands the rules, restrictions, requirements, and definitions of the CCPA and CPRA, and (ii) understands and will comply with the restrictions set forth in the CCPA, CPRA, and this Addendum.

With respect to personal information collected and processed by Service Provider pursuant to the Agreement (the “Personal Information”), Service Provider shall not:

(a) Sell the Personal Information;
(b) Share the Personal Information for cross-context behavioral advertising purposes; (c) Retain, use, or disclose the Personal Information, except as necessary for the specific business purposes listed in (i) to (vi) below or any other business purposes specified in the Parties’ Agreement or as otherwise permitted by the CCPA or CPRA:
i. Performing the services described in the Agreement, which include but are not limited to the maintenance and servicing of user accounts, provision of customer service and support, processing of transactions and payments, verification of user information, p rovision of analytics services, data storage, training, and the fulfillment of similar services on behalf of the Customer;
ii. Ensuring security and integrity of services, including but not limited to debugging and otherwise repairing the services to restore intended service functionality; iii. Undertaking internal research for technological development and demonstration;
iv. Undertaking activities to improve, upgrade, or enhance the services; v. Short-term transient uses, provided that personal information is not disclosed to third parties (i.e., parties that are not themselves service providers or contractors) and is not used to build a consumer’s profile or otherwise alter the consumer’s experience outside their current interactions with the business; and
vi. Advertising and marketing services, including the auditing of such services, as authorized or directed by the Customer, and as permitted under the CCPA or CPRA. (d) Engage in any activity prohibited by any other provision of the CCPA and CPRA currently in effect.

Service Provider claims no ownership or other proprietary rights in any of the Personal Information. Customer grants Service Provider the right to access, modify, and use the Customer Data for the purpose of performing Service Provider’s obligations under the Agreement, including to provide the Services and incidental to providing the Services, to improve the Services, and to create derivative works, including aggregate consumer information and deidentified data, to the extent such uses are permitted by the CCPA and CPRA.

Service Provider shall notify Customer if it determines that it can no longer meet its obligations under the CCPA or CPRA. Customer has the right, upon notice of at least sixty (60) days, to take reasonable and appropriate steps to stop and remediate any unauthorized use of Personal Information.

680
For purposes of this Addendum, the terms “personal information,” “service provider,” “third party,” “contractor,” “business purpose,” “commercial purpose,” “cross -context behavioral advertising,” “deidentified,” “sell,” and “share” are as defined in the CC PA and CPRA. “CCPA” and “CPRA” refer to both the statutes and any implementing regulations that are in effect. Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. In the event of any inconsistency between the p rovisions of this Addendum and the Agreement, the provisions of this Addendum shall control.

NOMAD TRANSIT LLC CITY OF RICHMOND
By: By:

Name: Name:

Title: Title:

Date: Date:

681
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.

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.

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. 682
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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:

683
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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:

688
General Conditions/EJ/TE 01-19-11 6 of 13

15. Indemnification.

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.

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.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 692
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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.

693
General Conditions/EJ/TE 01-19-11 11 of 13

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.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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.

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.

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.

695
General Conditions/EJ/TE 01-19-11 13 of 13

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. 696
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):

697
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

698
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 6(a):