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.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
TASKIII
Identify Cost of Recovery Philosophy, Policy and Principles for Implementation Utilizing information gathered, recommend cost recovery goals, a fee policy and fee schedule, the policy should address, but not be limited to, the following issues relative to division rental services and events.
1) Which services should be subsidized and which self-supporting? 2) Recommendation of what the difference in fees should be for resident vs non-resident, non profit, governmental entity, where appropriate.
3) Any other fee related/revenue recovery issue identified during the study process.
TASK IV
Fee Comparison Study
Utilizing information gathered in the analysis, create report comparing current and suggested rates with those of neighboring agencies with similar characteristics.
DELIVERABLES
1) Provide a comprehensive draft written report responding to the tasks outlined in the Scope of Services in an electronic format for review by staff. Revision requests may be provided by the City to the vendor.
2) Provide a final comprehensive written report, including any requested revisions in the form of three (3) bound copies and one (1) electronic copy. Final study shall incorporate comments from City Officials as appropriate.
3) Slide decks for all presentations (for review and approval by City staff) 4) A minimum of four (4) presentations of the preliminary and/or final report shall be required for the City Council, Recreation and Parks Commission, and/or a public meeting. Additional meetings shall be determined by City staff and can be charged at a per hourly rate by the vendor. 6) BerryDunn
I
,·
PROPOSAL
City of Richmond
Recreat ion Department Fee
Study
berrydunn.com
BerryDunn
2211 Congress Street
Portland, ME 04102-1955
207.541 .2200
Chad Snow, Principal
csnow@berryd u n n .com
Jesse Myott, Project Manager
[email protected]
Proposal Submitted On:
January 26, 2024
Table of Contents
----1. Letter of Transmittal ............................................................................................................................... 1
2. Firm Background and Experience ......................................................................................................... 3
3. Qualifications and Experience of Key Personnel/Team ...................................................................... 7
4. Methodology Section ............................................................................................................................ 10
5. Fees / Costs ........................................................................................................................................... 17
6. References ............................................................................................................................................. 18
7. Requested Exceptions .......................................................................................................................... 19 Appendix A. Resumes .............................................................................................................................. 20 6) BerryDunn
Table of Contents I i
1. Letter of Transmittal
January 26, 2024
City of Richmond
Attn: Antonio Banuelos
450 Civic Center Plaza
Richmond, CA 94804
Dear Antonio Banuelos:
On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this proposal in response to the City of Richmond's (the City's) Request for Proposals (RFP) for a Recreation Department Fee Study.
BerryDunn is an independent management and consulting firm that has experienced sustained growth throughout its 50-year history. Focused on inspiring clients to transform and innovate, we formed a specialized practice dedicated to serving the needs of clients in the parks, recreation, and libraries industry. BerryDunn's Parks, Recreation, Libraries Practice provides cost of service analysis, fee analysis, operational and management analysis, feasibility studies, proforma development, programming and financial analysis, maste r and strategic planning, and more offering clients deep expertise built upon decades of experience working in and with agencies on comparable projects.
We deliver exceptional experiences to organizations like the City as they seek to achieve their visions, offer innovative services and facilities to their constitu ents, and determine the actions necessary to make consistent progress toward desired outcomes.
Unders t and ing the City's Needs
The City of Richmond recognizes the positive impact quality parks and recreation offerings can have on the physical, mental, and economic vitality of its growing community . Serving a diverse population of approximate ly 115,000 residents, the Recreation Department (Department) operates over 54 parks and 13 recreation facilities, including two aquatic centers and a convention center. In order to help maintain these parks, facilities, and t he programs they host, the City must collect reasonable user fees . The City has not updated its existing fees in several years, during which time parks and recreation facilities and programs have faced increased demand. As such, the City seeks the support of a consultant who can conduct a Recreation Department Fee Study.
As the City seeks to determine full costs of service for its park and recreation programs, services, and faci lities, BerryDunn will help establish a solid foundation for understanding the City's costs to provide services-and help ensure associated fees for services reflect the appropriate level of cost recovery. As a result of the breadth and depth of our experience, we bring unique insights related to reviewing user fees for services like those in scope for the City and can effect ively drive project success on the City's requested effort .
Ho w BerryDunn Can Help
As you will read in our proposal, we have the experience, qualifications, and strong desire to support the City on this important initiative. In particular, we would like to highlight the following key qualifications offered by BerryDunn:
Our extensive experience conducting fee studies for parks and recreation departments We have had the privilege of providing fee study and cost recovery services to comparable parks departments throughout the country. Many of our larger parks and recreation master plans include cost recovery and financial analysis components, and our team members frequently speak at industry conferences on the top ic of parks and recreat ion cost recovery. As a result, we understand the many factors and perspectives that must be considered when reviewing parks and recreation user fees as well as industry best practices and local and national trends.
o) BerryDunn Letter ofTransmittal I 1
•
Our team members ' experience as former parks and recreation department directors The City will benefit from our team members' relevant, firsthand experience as parks and recreation directors for local governments throughout the country. We understand your goals, objectives, challenges, and daily comm itments because we have served in similar roles. In particular, our project manager , Jesse Myott, has more than a decade of direct local government experience related to municipal finance and parks and recreation service delivery. Collectively, our team members have conducted numerous comparable cost of service and fee studies, prepared annual budgets, managed capital improvement fund ing, and more. •
Our understanding that parks and recreation fees have real-world impacts We understand the importance of setting fee levels accurately to fund service delivery. At the same time, we balance this consideration with an understanding of the real-world implications that fees can have on external customers. With this in mind, we use standard cost accounting, activity-based costing, resource allocation methodology, weighted averages, and other standard analytical tools to determin e the full cost of providing specific services. Additionally , we tai lor our engagement efforts to determine customers ' ability and wil lingness to pay while also balancing equity and access considerations.
As a principal in our Local Government Practice Group, I am authorized to bind BerryDunn to th e commitments made herein. We have read the RFP and understand the conditions it contains. Our proposal is a firm and irrevocable offer valid for 120 days following the submission deadline of January 26, 2024. If you have any questions regarding our proposal or updates during the evaluation process, please consider me the City's primary point of contact and contact me directly.
Sincerely,
UL-
Chad Snow, PMP ® I Principal and Chief Operating Officer 4 722 North 24th Street I Phoenix, AZ 85016
207-541-2379 I [email protected]
6, BerryDunn
Letter of Transmittal I 2
2. Firm Background and Experience
BerryDunn is a nationa lly recognized independent management and IT consulting firm. As a Limited Liability Company formed in 197 4 with 65 principals and 34 owners, BerryDunn employs more than 885 staff across eight offices . Our Consulting Services Team has been serving state, local, and quasi-governmental agencies for over 30 years and includes more than 325 staff members. From extensive project experience for more than 600 state, local, and quasi-governmental agencies, our team brings valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete tasks outlined by the City.
Additionally, our team members have prior experience leading state and local government agencies, providing them with an in-depth understand ing of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents the City serves.
Figure 1 illustrates the overall organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan.
Figure 1: Local Government Practice Group Specialization Enterprise Organizational Parks, Recreation, Community Development Enterprise Digital Development Libraries and Utility Operations Transfonnat/on Tecl1notogy
Management
Health and
Community Services
Justice and
Public Safety
FIRM NAME
Berry, Dunn, McNeil & Parker, LLC
(BerryDunn)
DATE FOUNDED
1974
SIZE
885+ Employees
OFFICE LOCATIONS
Portland, ME - Headquarters
Bangor, ME
Manchester, NH
Waltham, MA
Glastonbury, CT
Charleston, WV
Phoenix, AZ
San Juan, PR
OWNERSHIP
Limited Liability Corporation (LLC)
34 Owners
MERGERS WITHIN THE PAST FIVE
YEARS
Rodman CPAs
VantagePoint Healthcare Advisors
GreenPlay, LLC
2. 1. Introdu ci ng o ur Parks, Recreat io n, Libr a ri es , Pract ice BerryDunn's Parks, Recreation , Libraries Practice offers clients expertise in parks, recreation, open space, and natural areas built upon decades of experience working in and with agencies on:
► Cost Recovery ► Feasibi lity Studies
► Financial Analyses ► Quality Assessments
► Fee Studies ► Master Planning
► Needs Analyses ► Strategic Planning
All of our parks, recreation, and libraries consultants are former industry practitioners and seasoned advisors, and our proposed project team consists of professionals with many years of experience operating the assets the City manages.
Collectively, our team of more than 20 professionals have completed over 650 related planning projects, working with o) BerryDunn
Firm Bacliground and Experience I 3
local, state, and national government agencies and private-sector organizations as they seek to transform and innovate.
Looking beyond the indust ry, we strive to deliver high-quality services by understanding expectati ons up fro nt, developing a reasonable and achievab le project approac h, gaining concu rrence on project tasks and timing, and using appropriate staff for each engagement. Supported by a wider team of over 325 consultants dedicated to serving nearly all aspects of local and state government, we offer a holistic approach to the City's initiative. It is through our firsthand experience in parks and recreation and our broader team's well-rounded perspective that we bring tailored insights and recommendat ions related to the government operat ions and commun ity needs that impact every project.
2.2. Re levant Exper ience
In Table 1, we provide a representative sample of our team's experience conduct ing fee study, cost recovery, and cost allocation planning projects for various local government departm ents across the country. Many of these projects were comp leted as components of larger parks and recreation master plans. This well-rounded perspective will bring value to the City as it strategically plans for the coming years. BerryDunn's holistic approach will center both the City's personnel and the constituents you serve.
Table 1: Sample Experience of Services Provided Across Departments Department/Service Area
Parks and Recreation
6) BerryDunn
Client
Cattail Cove State Park, AZ
Charleston County, SC
City of Avonda le, AZ
City of Bozeman, MT
City of Cape Coral, FL
City of Jefferson City, MO
City of Ferguson, MO
City of Gilbert, AZ
City of Glendale, AZ
City of Grapevine , TX
City of Lynchburg, VA
City of Mesa, AZ
City of Mobile, AL
City of Pflugerville, TX
City of Raleigh, NC
City of Sanibel Island, FL
City of Tampa, FL
City of Tempe, AZ
City of University Park, TX
Coconino County, AZ
Work Performed
Parks and Recreation Master Plan
Cost of Service and Fee Study
Parks and Recreat ion Maste r Plan
Recreation Cost of Service Study
J Comprehensive Fee Study
I Cost Recovery Stud y/ Plan
Cost of Service Analysis
Parks, Recreation, and Open Space
Master Plan
Parks and Recreation Master Plan
Cost Recovery, Fee Study, and
Resource Allocation Plan
' Cost of Service Analysis
Cost of Service Analysis
Cost Recovery Analysis
Cost of Service and Fee Study
Cost of Service and Fee Study
Cost of Service Analysis
Fiscal Analysis
Parks and Recreat ion Master Plan
Cost of Service Consulting
Parks and Recreation Master Plan
Firm Bacl~ground and Experience I 4
Department/Service Area
Community Development and Utility
Operations
Information Technology (IT)
Citywide
6) BerryDunn
Client
Granville County, NC
Howard County, MD
Jackson County, MS
Town of Crestwood, CO
Town of Florence, Al.
Town of Fountain Hills, Al.
Town of Queen Creek, AZ
Wilmette Park District
Alachua County, FL
City of Bozeman, MT
City of Gainesville, FL
City of Gainesv ille, FL
City of Dallas, TX
City of Fernandina Beach, FL
City of Homestead, FL
City of Largo, FL
City of Tucson, AZ
Manatee County, FL
Sonoma County, CA
Town of Longboat Key, FL
Town of Smithfi eld, RI
Town of Smithfield, RI
Travis County, TX
City of Irving, TX
City of Villa Park, CA
Work Performed
Parks and Grounds Cost of Service
Analysis
Fiscal Analysis
Cost of Service Analysis
Cost of Service Analysis
Parks and Recreation Master Plan
Parks and Recreation Master Plan
Cost of Service and Fee Study
Cost of Service Analysis
Building and Fire Permit Fee Study
Community Development Fee Review
1 Study
Building Permit Fee Study
Fee Schedule Update
1 Comparative Buildi ng Permit Fee Study
Building Division Fee Study
Workflow and Comparative Fee Analysis
Building Permit Fee Study
1 Cost of Service Stu dy and Fee Schedule
Redesign
Building and Development Services Fee
Study
1 Fee and Cost Recovery Peer
Comparison
Comprehens ive Fee Study
1 Water Rate Study
' Sewer Rate Study
Development Review Process and Fee
Study
IT Department Cost Allocation Plan
Fee and Rates Charges Study
Firm Bacl~ground and Experience I 5
2.3. Our Commitment to the State
Our proposed team regularly supports parks and recreation agencies in the State and have recently completed projects with the City of Novato, City of Palmdale, Lake Tahoe Community College, San Luis Obispo County, and Stanfo rd University.
Additionally, we have a strong understanding of the broader public-sector landscape throughout the State than ks to our work with the clients listed below:
► Bay Area Air Quality Management ► City of Oxnard ► Imperial County District ► City of Palmdale ► Jurupa Area Recreation and Park ► California State University ► City of Pasadena District ► California Western School of Law ► City of Redding ► Lake Tahoe Community College ► City of Alameda ► City of Redlands ► Mt. San Antonio College ► City of Belmont ► City of San Jose ► Oceanside Public Library ► City of Capitola ► City of San Leandro ► San Luis Obispo County ► City of Corona ► City of Santa Cruz ► Santa Clara County ► City of Coronado ► City of Santa Monica ► Santa Cruz County ► City of Fountain Valley ► City of Santee ► Santa Monica College ► City of Irvine ► City of Simi Valley ► Sonoma County
► City of La Mesa ► City of Villa Park ► Sonoma Resource Conservation ► City of Livermore ► Claremont University Consortium District ► City of Long Beach ► Sacramento Municipa l Utility
► South Pasadena Public Library
► City of Menifee District ► Southern Californ ia Library ► City of Modesto ► Coachella Valley Association of Cooperative ► City of Monterey Park Governments ► Stanford University ► City of Novato ► Covered California ► Stanislaus County This-along with our involvement in the California Parks and Recreation Society (CPRS)-will help ensure we bring firsthand knowledge; insights; and industry, regional, and national best practices to this project. 6) BerryDunn Firm Background and Experience I 6
3. Qualifications and Experience of Key Personnel/Team
Our team members bring valuable perspectives from their experiences providing project planning, project management, business process improvement services, fee studies, and more. Figure 2 illustrates our team organ ization and leadership.
Figure 2: BerryDunn Team Organization
Davianna Humble
Business Analyst
Oliver Amaya
Business Analyst and
Engagement SM E
Chad Snow
Project Principal
Jesse Myott
Project Manager
Lisa Paradis
Cost Recovery SM E
Rich Neumann
Community
Engagem ent SME
3. 1. Ro les , Respo n s ibi liti es , a n d Q ua lifi cat io n s Below and on th e following pages, we provide details of our project team members' roles, responsibiliti es, and qualifications as it relates to the requested Recreation Departme nt Fee Study. Our project team members' full resumes are included in Appendix A for the City's further review and consideration.
Jesse Myott, MA I Project Manager
Jesse is a manager in our Local Government Practi ce Group. He has over 12 years of public-sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecast ing; customer valuation; and cost of revenue analyses for municipal programs and services.
Prior to joining BerryDunn, Jesse served as a financia l analyst for the City of South San Francisco, California and as a management analyst for the City of Daly City, California. He is a former member of the Californ ia Society of Municipal Finance Officers (CSMFO).
Jesse has led multiple cost of service and cost allocation projects for local governments across the country . He special izes in conducting similar initiatives for parks and recreation, public works, and planning and permitting funct ions. He has conducted fee studies for such departments in th e City of Tucson, Arizona; City of Bozeman, Montana; Travis County, Texas; City of Raleigh, North Carolina; and the Cities of Fernandina Beach, Largo, and Gainesville, Florida.
6' BerryDunn
Qualificat ions and Experience of Key Personnel/Team I 7 As the project manager, Jesse will:
► Build and maintain a productive relationship with
the City
► Serve as the City's primary point of contact
► Lead our work and perform day-to-day project
management and staff oversight
Davianna Humble I Business Anal yst
► Lead the analysis and development of project
deliverables
► Develop and maintain the Project Work Plan
and Schedule
► Provide subject matter expertise
Davianna is a consultant in our Local Government Practice Group and an expert in public-sector budgeting and management analysis. In prior public-sector roles, she has managed $1 billion operating and $400 million capital budgets, reviewed funding requests, helped ensure funds were used in alignment with established strategies and expected outcomes, and provided programmatic counsel and analytical support to assist various departments. Davianna applies a solutions-oriented, customer-focused lens to all of her work and is skilled at conveying budgeting recommendations to leadership and community members.
As business analyst, Davianna will:
► Support the development of project deliverables, lead the review of existing documents and data, and synthesize findings
► Leverage her prior experience as a public-sector management and finance analyst Lisa Paradis, MBA, CPRP I Cost Recovery Subject Matter Expert (SME ) Lisa is a manager in BerryDunn's Park, Recreation, Libraries Practices. She has more than 25 years of experience as a parks and recreat ion leader and served most recently as parks and recreation director for the City of Brookline, Massachusetts. Lisa has helped many organizations and communities embrace systemic challenges through action-oriented strategic planning and financial and organizational management. She regularly speaks at industry events and teaches classes on cost recovery and financial management.
As cost recovery SME, Lisa will:
► Support our team in providing strong cost recovery recommendations, leveraging her experience as a parks and recreation practitioner and her understanding of trends and best practices, informed by active involvement in the National Recreation and Park Association (NRPA)
Rich Neumann I Commun ity Engagement SME
Rich is a senior consultant in BerryDunn's Parks, Recreation, Libraries Practice. He specializes in parks, recreation, and cultura l arts marketing, communications, and branding. He leverages his skills in these areas to connect with community members, staff, and partner agencies. He leads community engagement efforts that are nuanced and sensitive to the diverse needs of those involved. He has extensive public-sector experience, including, most recently as marketing and cultural affairs manager for the City of Westminste r, Colorado. He is currently assisting with the Town of Gilbert, Arizona's Parks, Recreation, and Open Space Master Plan.
As community engagement SME, Rich will:
► Work with the City's project team to develop and execute a detailed community engagement strategy 6) BerryDunn
Qualifications and Experience of Key Personnel/Team I 8 Oliver Amaya, PMP® I Business Analyst and Community Engagement SME Oliver is a consultant with BerryDunn's Parks, Recreation, and Libraries Practice. Before joining our team, he worked with the City of Corpus Christi, Texas Parks and Recreation Department as a special projects manager. In this role, he participated in a parks and recreation fee study for residential developers and another for the City's tennis center. He conducted research and benchmarking for both projects. Oliver is fluent in both Spanish and Portuguese, and since joining BerryDunn, he has contributed to multi lingual community engagements efforts for several communities, including for Adams County, Colorado; Hyland Hills Parks and Recreation District, Colorado; Jurupa Area Recreation and Park District, California; and Oceanside Public Library, California.
As business analyst and community engagement SME, Oliver will:
► Support internal and external stakeholder engagement activities, providing Spanish and Portuguese language translation and interpretation as needed
► Support the development of project deliverables, lead the review of existing documents and data, and synthesize findings
Additional Support I The BerryDunn Network
BerryDunn's Consulting Services Group includes more than 300 consultants, includ ing more than 80 Local Government Practice Group consultants who specialize in supporting public-sector clients .
As needed, our project team will draw on the support of our vast pool of business analysts and SM Es. These consultants will provide in-depth knowledge of various aspects of local government and support the project team with efforts related to fact-finding, research, and deliverable development. 6) BerryDunn
Qualificat ions and Experience of Key PersonneljT eam I 9 4 . Methodology Section
4.1. Project Management Methodo log ies
To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. Our Consulting Services Team employs project management best practices from the Project Management lnstitute ®'s (PMl®'s) A Guide to the Project Management Body of Knowledge Guide (PM BOK® Guide). Figure 3 illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes.
Figure 3: Project Management Life Cycle
I I
Team
Principle-Based Standards '
I
Stakeholders . Stewardship
I . Team
(//
1 1
Life Cycle C: Stakeholclers 'ffi
E Value
0 Planning 0 ' . Holistic Thinkjng
Q)
(.) . Quality C:
I
ro Navigating Uncertainty and Ambiguity Complexity E ... .g ' Leadership Q)
I • Delivery Tailoring a.
1 1
. Opportunities and Threats
Performance Adapla/J/lity and Resilience
I I . Project Work •
4.2. Work Plan
BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to the ir needs. This mindset plays a foundationa l role in how we measure the success of our portfol io of similar projects.
Our approach to preparing the City's Recreation Department Fee Study is outlined below and designed to incorporate consistent project management best practices with each of the City's key deliverables and tasks. Our intent is to work with staff to help ensure we make the best use of your time. Ultimately, consistent collaboration can help promote buy in and understanding for final recommendations.
You can expect our approach to include the following attributes:
► A methodology based on our extensive experience conducting similar cost of service, cost recovery, and fee studi es
► Quality assurance processes that incorporate the City's review and approval of all deliverab les ► Built-in project management best practices that focus on keeping the project on time, on budget, and progressing at a healthy pace for the City's stakeholders to give input in the information gathering and fact finding process and understand final recommendations
6' BerryDunn
Methodology Section I 10
Figure 4 presents an overview of our proposed approach to completing the City's desired scope of work.
Figure 4: BerryDunn's Proposed Approach
• •
...
• e • - ,,, •
1. Project
Initiation and
I Management
l
2. Cost of Service
Analysis and Fee
Study
I 3. Cost Recovery
Philosop hy and
Cost Recovery
Targets
Task 1. Project Initiation and Management
4. Peer
Comparisons
5. Draft
Findings and
Recommendation s
6. Final
Finding s and
Recommend ations
To establish a strong foundation for the project and help ensure a high-level of quality and communication throughout the engagement, we will utilize project management best practices based on PMl®'s PM BOK® Guide and our experience conducting similar projects with municipal and county parks and recreation departments throughout the country.
The City can expect our team to complete the following project activities:
► Conduct thorough project planning. This will include an initial planning teleconference between BerryDunn's team and the City project team to confirm project goals, objectives , and expectations. Following the teleconference, we will develop a detailed . Project Approach and Schedule, which we will review and finalize with the City's project team.
► Facilitate a virtual kickoff meeting. Following the initial planning call, we will conduct a virtual kickoff meeting with the City's project team and identified stakeholders to discuss in greater detail the relationship of the current fees and charges environment, current cost recovery levels and revenue requirements, and applicable Department and citywide goals and initiatives. ► Review existing data and documentation. One of the most important elements of this process will be our team's ability to gain a breadth of knowledge about plans, structure, and operation of the Department, as well as the staff and the City parks and recreation community of users. To start the process, we will submit an information request to the City project team to gather applicable documents and data including but not limited to current fee schedules, lists of existing activity, program, permit, and service types and associated annual volumes, revenue and expenditure budgets and reports, reserve balance reports (if applicable ), detailed revenue reports by activity, program, permit, and/or service type, organizational chart(s) and staffing rosters, personnel salary and benefit data, and other documentation deemed important to the study.
► Lead Biweekly Project Status Meetings. These meetings will describe activities and accomplishments for the reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more.
Deliverable 1. Project Approach and Schedule
Deliverable 2. Biweekly Project Status Meetings
6) BerryDunn
Methodology Section I 11
Task 2. Cost of Service Analysis and Fee Study
During Task 2, our project team will virtually interview staff and stakeholders and review applicable fee schedules, budgets, and financial reports. We will use this information to understand and assess the Department'.s current fees and charges environment. We will examine the customer service culture, perform a personnel review, and develop an initial cost of service model. Our goal will be to identify key direct and indirect resources related to Department service delivery. We will then project total cost and calculate cost recovery per core activity, program, permit, and service category, per activity, program, permit, and service type, and where applicable, as the data allow, for each specific activity, program, permit, and service the Department provides. We will develop recommendations and recommend fees consistent with identified revenue requirements, cost recovery targets, reserve fund balance levels (if applicable), policy elements, and community feedback .
The City can expect our team to complete the following project activities:
► Virtually interview staff and stakeholders to understand current processes and operations ► Review the functions of the Recreation Department, including programs, events, faci lities, and services ► Review applicable fee schedules
► Review applicable operating and capital budgets
► Review revenue and expenditure reports (actuals)
► Review personnel budgets
► Project the full cost for providing services
► Project the full cost for providing services by specific service category, specific service type, and/or specific service
► Recomme nd methodologies for calculating fees to satisfy revenue requirements and cost recovery targets, reserve fund balance level (if applicable), and to support specific policy elements ► Provide recommendations where it is not feasible to recover the fu ll cost of providing a service and also ident ify those instances where full cost recovery is attainable ► Recommend fee for services the Department is currently providing but for which no fee is currently assessed
► Recommend methodologies and performance measures designed to capture and report on user input and feedback
► Create a detailed community engagement strategy- including virtua l engagement options, methods of community involvement, key stakeholders, schedule for input meetings, and specific stakeholder interview and focus group questions, all developed with the City's culture and identity in mind ► Facilitate up to five virtual communi ty engagement meetings with English and Spanish speaking options Fi gure 5, on the following page, provides an overview of the information our project team will gather and how that will funnel into a cost model to determine cost of services. Figure 5 may not be inclusive of, or applicable to, all information reviewed and analyzed.
6) BerryDunn
Methodology Section I 12
Task 2. Cost of Service Analysis and Fee Study
Figure 5: BerryDunn's Cost of Service Analysis Approach Personnel, non-personnel, and administrative/overhead
expenses; transfers ouVcapital outlay
Total applicable operating expense identified across all applicable budgets, funds, service segments, etc.
Example specific fund expenditures
General fund , debt service , capital projects Total government fund costs Example specific fund expenditures
Specific fund expenses: enterprise, special revenue Total enterprise costs (if applicable) Example specific fund expenditures
Indirect allocations Total internal service costs
Total identified District cost: all applicable funds Full cost to provide various activities, programs, permits/services
Deliverable 3. Cost of Service Analysis and Fee Study
Task 3. Cost Recovery Philosophy and Cost Recovery Targets During Task 3, our project team will virtually meet with applicable City staff and stakeholders to review and gain a detailed understanding of the current cost recovery philosophy framework . We will lead two virtual vision ing sessions with select staff and stakeholders identified by the City's project team. The purpose of these sessions will be to gain perspective and understand the Department's current and future goals. These visioning sessions will build momentum and support for the success of cost recovery goal development, policy development, and additional future planning initiati ves. We will utilize info rmation from the visioning sessions to then make cost allocation recommendations and develop those recommendations to be consisten t with cost recovery targets and fee levels recommended in Task 5, resultant from the cost of service analysis and fee study performed and community engagement feedback. Based on our extensive experience with cost of service analyses, we believe it is important to conduct these sessions to provide the opportun ity for open dialogue and exploration before diving into the extensive details required to develop cost recovery ta rgets and fee levels.
The City can expect our team to complete the following project activities:
► Virtually lead two visioning sessions with staff and stakeholders ► Combine staff, stakeho lder, and commun ity feedback with data gathered in Task 2 to identify goals and targets for generating revenue, recovering costs, and managing the Department's operat ions ► Develop alternative and/or updated cost recovery scenarios and targets for core service categories ► Consider fees for residents, non-residents, non-profits, and government entities ► Consider which services should be subsidized and which should be self-supporting • 6' BerryDunn Methodo logy Section I 13
Task 3. Cost Recovery Philosophy and Cost Recovery Targets ► Leverage our project team 's prior experience working with parks and recreation agencies throughout the country to compile options for Cost Recovery Targets
► Develop and/ or update Cost Recovery Philosophy and policy elements Deliverable 4. Cost Recovery Philosophy and Cost Recovery Targets Task 4. Peer Comparisons
Peer comparisons can provide useful insights into how the Department's fees and charges environment compares with similar cities/ towns. Although the Department's operations are unique, the selection of peers for comparison, in conjunction with the City project team, will attempt to reflect the unique elements throughout the Richmond community.
The City can expect our team to complete the following project activities:
► Survey up to five comparable agencies, utilizing publicly available documents and information, to assess fee levels related to similar core services peers provide
► Leverage our understanding of best practices, industry trends, and experience working with comparable parks and recreation departments on fee studies, master and strateg ic plans, and feasibil ity stud ies Deliverable 5. Peer Comparison Matrix
Task 5. Draft Findings and Recommendations
Utilizing the Cost of Service Analysis and Fee Study prepared in Task 2 and Cost Recovery Philosophy and Cost Recovery Targets developed in Task 3, our project team will identify and prioritize necessary changes to fee calculation methodologies and fee schedule structure and cost allocations, develop initial recommendations, and outline any additional, applicable areas where improvements should be considered. We will prepare a Draft Cost of Service and Fee Study Report, which we will share with City staff, and applicable stakeholders as directed. We will solicit feedback and discuss, document, and include desired modifications. We find that by sharing our initial findings and report with staff, stakeholders we are able to establish consensus, build buy-in, and promote the long term success of the recommendations and changes. Additionally, we will provide the City with the draft cost of service model in an easily-accessible Microsoft Excel format.
The City can expect our team to complete the following project activities:
► Conduct a virtual review session to provide an overview of the full-cost analysis and fee study report findings related to the current fiscal and service environment
► Develop review revenue arid expense allocations
► Where appropr iate, demonstrate best practices and methodologies related to service delivery ► Provide revenue requirement estimates and revenue projections for three fiscal years ► Provide expense requirement estimates and expense project ions for three fiscal years ► Develop cost recovery targets
► Provide fee level calculation methodology recommendations ► Updated fee schedule(s)-structure and levels, where applicable ► Develop recommendations, priorities, and implementat ion strategies ► Identify other deficiencies and areas for improvement ► Provide addit ional, applicable find ings and recommendations 6) BerryDunn
Methodo logy Section I 14
Task 5. Draft Findings and Recommendations
Deliverable 6. Draft Cost of Service and Fee Study Report Task 6. Final Findings and Recommendations
As final project closeout and knowledge sharing activities, we will app ly edits to the Final Cost of Service and Fee Study Report and Final Cost of Service Model, incorporat ing the City's feedback. We will review final project deliverables with staff and applicable stakeholders as directed. We find that involving staff in preparation of the final documents helps to transfer knowledge and helps ensure the successful impl ementation of the final recommendations.
The City can expect our team to complete the following project activities:
► Update the Cost of Service and Fee Study Report and Cost of Service Model to fina l ► Provide a single PDF file of the report and Microsoft Excel version of th e cost model ► Present fina l project deliverables to Department and/ or City staff (City Project Team) ► Present final project deliverables to the Parks and Recreation Commission ► Present final project deliverables to the City Council Deliverable 7: Final Cost of Service and Fee Study Report Deliverable 8: Final Cost of Service Model
Deliverable 9: Final Presentations
4 .3 . Ant ic ipated Project Sc hed u le
Below, we provide an overview of our anticipated timeline for completing the City's requested scope of work. We will review the proposed schedule and coordinate key meeting and milestone dates in coordination with th e City's project team during Task 1.
Table 2: BenyDunn's Proposed Schedule
Phase/ Months One Two Three Four Five Six Seven
Task 1. Project Initiation and
•
Ongoing Project Management ' Management
Task 2. Cost of Service Analysis
• • • and Fee Study
Task 3. Cost Recovery Philosophy
• • and Cost Recovery Targets
Task 4. Peer Comparisons
•
Task 5. Draft Findings and
• • Recommendations
Task 6. Final Findings and
• Recommendations
6) BerryDunn Methodo logy Section I 15
4 .4 . An t icipated Cit y Invo lvement
It will be important for the City to dedicate suff icient and consistent resources throughout the full duration of this project. As part of our project planning activities, we will work with the City's project manager to provide a high-level estimate of staffing and resource needs through all phases of the project and define the roles and time commitme nts required of each resource.
We have developed our project work plan based on the assumptions City staff will provide relevant background documentation in a time ly manner, coordinate on-site meeting space, assist in scheduling interviews, facilitate the process of circulati ng deliverable documents for review, and assist in identifying appropriate stakeholders for interview.
We also request City staff and stakeholder participat ion as agreed upon during our initial project planning meeting for virtual fact-finding meetings, interviews, and other applicable activities.
Our evaluation teams will be respectful of the time the City's resources have to give to this project and stagger tasks and evaluation fieldwork as to not overwhelm the City's resources at any one time. Additionally, we will provide clear and effective communication prior to major project milestones such as interviews and surveys so that the City's stakeho lders will be informed and can prepare appropriately.
In Table 3, we outline the participation we would typically request from the City's project personnel/groups.
Table 3: Estimate of Expected Participation of the City's Personnel (7-Month Project Timeline) Role
►
►
►
►
Project Sponsor
►
►
►
►
►
►
►
City Project
►
Manager/ Project Lead
►
►
►
►
City Project Team ►
6) BerryDunn
Description/Responsibilities
Provide executive support and sponsorship for the project Provide overall direction and tactical vision for the project Commit/assign resources to the project
Participate in project kickoff meeting and stress goals and objectives for the project to the City's staff
Provide executive-level decision-making when needed
Maintain overall responsibility for the project
Distribute communications, as necessary, that support the project and provide it with adequate visibility and priority Maintain overall responsibility for the project
Act as main point of contact between BerryDunn and the City Circulate deliverab les for review and collect feedback Provide sign-off on deliverables
Participate in the project kickoff meeting and stress goals and objectives to attendees
Participate in key work sessions
Assist in collecting background documentation and sharing it with BerryDunn in advance of our on-site work
Provide names and contact information for employees from the City that will be involved in the project
Prepare for interview(s) as needed
Provide necessary feedback and subject matter expertise to help inform BerryDunn's project deliverables
Est. Time
Commitment (Hours)
8-- 10
30 -- 40
30-40
Methodology Section I 16
6 . References
Below, we provide four references who can speak to the quality and effic iency of our work on similar engagements.
City of Raleigh, North Carolina I Cost of Service Analysis and Fee Study Lauryn Kabrich, Park Planner
222 W. Hargett Street, Suite 608 I Raleigh, NC 27601
919-996-4787 I [email protected]
The City of Raleigh partnered with BerryDunn to prepare a Parks, Recreation, and Cultural Resources Department (PRCR) Cost of Service Analysis and Fee Study. The focus of the project is reviewing all revenue generated from user fees and charges for activities, programs, and services PRCR currently provides, and the identified expenses associated with providing all activities, programs, rentals, permits, and services. Additionally, the study also included a review of PRCR fee and process policy elements as they pertain to price setting and financial assistance. Based on operations and maintenance expense projections and expected service offerings, BerryDunn utilized expected service offerings to be delivered through fac ilities and other system assets, and prepared revenue projections and calcu lates estimated cost recovery levels for core recreation and resources service delivery areas. These reviews and analyses will allow PRCR to make informed policy decisions at the aggregate level, as well as on each activity, program, service, and permit, regarding fee levels and revenue generat ion, where applicable.
April 2023 - Expected Completion February 2024
Town of Queen Creek, Arizona I Cost of Service Analysis and Fee Study Adam Robinson, Deputy Director Community Services
22358 S. Ellsworth Road I Queen Creek, AZ 85142
480-353-3715 I [email protected]
The Town of Queen Creek partne red with BerryDunn to prepare a Parks and Recreation Cost of Service Analysis and Fee Study. The focus was to provide the Town with an overview of its current parks and recreation fees and charges environment and associated revenues and expenses for each activity, permit, and service the Town provides. The study also documented the estimated percentage of full costs recovered delivering specific services at current fee levels, which allowed Town officials to make informed policy decisions regarding adjustments to fees and charges to satisfy revenue requirements.
April 2023 - Current
City of Mobile , Alabama I Cost of Service Analysis and Fee Study Gerard Mccants, Operations Manager
48 North Sage Avenue I Mobile, AL 36607
251-208-1523 I [email protected]
The City of Mobile partnered with BerryDunn to conduct a Parks and Recreation Department Cost of Service Analysis and Fee Study project. The focus of the project is reviewing all revenue generated from user fees and charges for activities, permits, and services the Department provides and the identified expenses associated with providing all Department programs and services and issuing permits.
July 2021 - January 2022
6' BerryDunn
References I 18
Jefferson City, Missouri I Parks and Recreation Cost of Service Analysis Andrew Brunnert, Senior Management Analyst
1229 Lafayette Street I Jefferson City, MO 65101
573-634-6394 I [email protected]
The City of Jefferson partnered with BerryDunn to conduct a Parks and Recreation Department (Department) Cost Recovery Analysis and Plan project. The focus of the project is reviewing all revenue generated from user fees and charges for activities, permits, and services the Department provides and the identified expenses associated with providing all Department programs and services and issuing permits and to develop forecasting scenarios designed to meet future revenue requirements and cost recovery targets.
February 2022 - August 2022
7. Requested Exceptions
We do not have any requested exceptions to the RFP or the City's Standard Services Agreement as provided in Appendix B of the RFP.
6) BerryDunn
Requested Exceptions I 19
Appendi x A . Resumes
Jesse Myott, MA
Project Manager
EDUCATION AND
CERTIFICATIONS
Master's, History, San Francisco
State University
Bachelor's, History, University of
Rhode Island
Associate's , Champlain College
MEMBERSHIPS
California Society of Municipal
Finance Officers (CSMFO)
(former)
Municipal Management
Association of Northern California
(MMANC) (former)
PUBLICATIONS AND
PRESENTATIONS
Massachusetts Recreation and
Park Association (MRPA) Annual
Conference Speaker 2015 - Cost
Recovery Methods
6) BerryDunn
Jesse Myott is a manager in our Local Government Practice Group. He brings over a decade of public-sector experience, focusing on supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and fee study projects for local governments across the country.
RELEVANT EXPERIENCE-
Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, and developed cost recovery models as well as water and sewer rate setting models for municipalities across the country, most recently for the City of Bozeman, Montana; City of Raleigh, North Carolina; Town of Smithfield, Rhode Island; the Cities of Gainesville and Largo, Florida; and the Counties of Alachua and Manatee, Florida.
Process Analysis and Improvement: Jesse is an experienced municipa l finance and management professional with over a decade of • experience serving in many areas of local government both as an analyst and in sen ior management roles. His municipal business process knowledge extends through city administrat ion, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and citywide operating budget planning , monitoring and delivery.
Finance: Jesse brings over a decade of public-sector experience. In addition to being an adept municipa l finance professional, Jesse is particularly accomplished in the areas of parks and recreation and public works operating and capital budget development and delivery.
REPRESENTATIVE CLIENTS
► City of Bozeman, MT ► City of Pflugerville, TX
► Town of Queen Creek, AZ ► City of University Park, TX ► City of Raleigh, NC ► Peninsula Metro Park District , ► City of Jefferson, MO WA
► City of Mobile, AL
► Wilmette Park District, IL
Appendix A. Resumes I 20
Davianna Humble,
MPA, CSM
Business Analyst
EDUCATION AND
CERTIFICATIONS
MPA, University of Kansas
BA, Political Science and
Government, Truman State
University
Certified ScrumMaster
6' BerryDunn
Davianna Humble is a consultant in our Local Government Practice Group. She brings experience in budgeting and management analysis, specifically during her time with Wake County, North Carolina. She has provided programmatic counsel and analytical support to assist various departments in achieving goals and object ives. Davianna has monitored budgets of over $4OOM in capital budgets and helped ensure funds are used in alignment with established strategies and expected outcomes. She has partic ipated in fund ing distribution meetings by creating pre-award risk assessments and amendment forms for approved agencies.
RELEVANT EXPERIENCE
Business Analysis: Davianna assisted and collaborated with 5 to 10 departments in achieving goals and objectives by providing programmatic counsel and analytical support with customer service at the forefront. She also provided management consulting and analysis to the County Manager's Office and departments through written and oral commun ication to provide program recommendat ions and alternatives using data analysis.
Budgeting: Davianna evaluated funding and program requests for operating and capital budgets, developed alternatives in collaborat ion with department staff, and recommended prioritized strategic options through an annual budget development process. She was responsib le for $4OOM in capital budgets, for which she worked with County departments and outside agencies to help ensure appropriate distribution of funds.
Operations: Davianna evaluated funding and program requests for operating and capital budgets. She also developed relationships to manage a portfolio of assignments that consisted of a combination of operating departments and capita l programs. Davianna monitored $1B in operating funds using forecasting throughout the fiscal year to help ensure funds were being used in line with established goals. She also tracked local, state, and federal policies to evaluate the impact on County operations and help ensure compliance with external laws and regulations.
REPRESENTATIVE CLIENTS
► City of Bozeman, MT ► City of Villa Park, CA
► City of Fort Worth, TX ► Lake County, CO
► City of Raleigh, NC ► Town of Queen Creek, AZ
Appendi x A. Resumes I 21
Lisa Paradis, MBA,
CPRP
Subject Matter Expert
EDUCATION AND
CERTIFICATIONS
University of Massachusetts,
Amherst, Massachusetts - B.A,
Political Science
University of Massachusetts,
Boston, Massachusetts - M.B.A.
Certified Park and Recreation
Professional, National Recreation
and Park Association
Harvard University, Cambridge,
Massachusetts - Post-Graduate
coursework, Public
Administration, Organizational
Management
University of Massachusetts,
Boston, Massachusetts - Post
Graduate coursework;
Performance Measurement
Profess ional Affi liatio ns
American Academy of Park and
Recreation Administration
(AAPRA), 2018
Massachusetts Recreation and
Park Association Professional of
the Year, 2017
6) BerryDunn
Lisa Paradis is a senior manager in our Local Government Practice Group. She has more than 25 years' experience as a public Park and Recreation Director, most recently for the Town of Brookline, Massachusetts. Lisa has helped many organizations and communities to embrace systemic challenges through action-oriented strategic planning and financial and organizationa l management. Her approach involves creating and implementing cost recovery plans, feasibility studies, strategic plans, and organizational assessments and understands the importance of a thoughtful, mission driven, community-centric, and implementable approach.
RE LEVANT EXPERIENCE-
Strategic Planning and Organizational Development: As a leader, mentor, and often provocateur, Lisa helps organizations and communities to achieve unimagined greatness by embracing systemic challenges through bold, action-oriented strategic planning, financial and organizational management. Lisa is steadfast in her pursuit to challenge professionals to think beyond the obvious and tackle challenges from a variety of perspectives to find the best possible solution for their communities.
Parks and Recreation Cost Recovery: Lisa has led cost recovery efforts for parks and recreation agencies in communities such as the City of Jefferson City, Missouri; City of Mobile, Alabama; and the Town of Queen Creek, Arizona. She works with agencies to understand the true costs of providing facilities and services, identify areas of greatest community impact, and develop creative alternative cost recovery strategies.
Speaking and Training Engagements: Lisa is an industry leader and an active member of Women in Parks and Recreation. She is a sought after speaker and regularly shares thought leadership at national, state, and regional conferences. She teaches an annual three-day leadership training course for parks and recreation leaders.
REPRESENTATIVE CLI ENTS
► Charleston County Parks
and Recreation
Commission, SC
► City of Bozeman, MT
► City of Gilbert, Arizona
► City of Lauderdale Lakes,
FL
► City of Mobile, AL
► City of Parkland, FL
City of Pflugerville, TX
► City of University Park, TX
► Maryland National Capital
Park Planning Commission,
MD
► Mecklenburg County, NC
► Town of Queen Creek, AZ
► Washington Township
Recreation Department, OH
Append ix A. Resumes I 22
Oliver Amaya, PMP®
Business Analyst
EDUCATION AND
CERTIFICATIONS
BS, Liberal Arts, Excelsior College
Associate of Applied Science,
Informat ion Resources
Management , Cochise College
Associate of Science, Language,
Excelsior College
Certified Project Management
Professional® (PMP®)
Custome r Recovery Certification
Business Administration and
Leadership Certification
Oliver Amaya is a consultant with BerryDunn's Parks, Recreation, and Libraries Practice. Before joining our team, he worked with t he City of Corpus Christi, Texas Parks and Recreation Department as a special projects manager, where he helped the department execute initiatives based in community development, operational improvement, and increased connectivity.
Oliver's experience serving in the U.S. Army also honed his ability to balance multifaceted projects, work in complex environments, solve difficult challenges, and make effective decisions. His fluency in Spanish and Portuguese, in addition to English, enables him to reach diverse groups and listen to their input.
RELEVANT EXPERIENCE-
Project Management: Oliver brings six years of experience direct ing new projects, managing various contracts, instituting cost and schedule controls, and establishing best practices. He is effective in leading and directing various projects from inception to completion. He has 12 years of progressive management experience and repeated success in developing project initiatives, directing project plans, achieving performance targets, managing budgets, and monitoring project costs.
Cost Recovery: While serving as special projects manager for the City of Corpus Christi, Texas Parks and Recreation Department, Oliver participated in a parks and recreation fee study revision related to residential development as well as a fee study for the City's tennis center. Oliver participated in research and peer benchmarking for both fee studies.
Project Coordination: Oliver has performed administrative duties for projects while working closely with project management, subcontractors, and clients. His experience includes organizing subcontractors while staying within budget limitations, preparing work orders and expense reports, translating Spanish and Portuguese documents and conversations into English, optimizing revenue by developing cost-reduction activities via efficient supplier development and resourc ing, and collaborating with other administrative staff on projects and initiatives.
REPRESENTATIVE CLIENTS
► Ada County, ID
► Adam's County Riverdale
Park, CO
► City of Bangor, ME
► City of Irving, TX
► City of Novato, CA
► Hyland Hills Parks and
Recreation, CO
► Jurupa Area Recreation & Parks
District, CA
► Oceanside Public Library, CA
► Town of Gilbert, AZ
t5) BerryDunn Append ix A. Resumes I 23
Rich Neumann
Subject Matter Expert
EDUCATION AND
CERTIFICATIONS
B.S. Communications/B.S.
English; James Madison
University, Harrisonburg, VA
Publications and
Presentations
Outrageous Events-Incredible
Results! Michigan Recreation and
Parks Association Annual mParks
Conference, Virtual Session,
February 2021
Marketing Strategy: From
Practical to Practically Insane,
North Carolina Recreation & Park
Association Annual Conference,
Winston-Salem, NC, October
2018 / National Recreation and
Parks Association Annual
Conference,
Caution: Extreme Marketing
Ahead, Colorado Parks and
Recreation Association Marketing
Workshop, Erie, CO, November
2016
6' BerryDunn
Rich Neumann is a senior consultant in BerryDunn's Parks, Recreation, Libraries Practice. He is a recognized public-sector industry leader in marketing, communications, and branding, as well as a wildly creative cultural arts professional. He has proven success in community engagement, special events, strategic planning, marketing, public relations, sponsorships/ fundraising, and arts administration. His additional strengths include media and commun ity relations, creative and technical writing, branding, volunteer management, and presentational speaking.
RELEVANT EXPERIENCE-
City of Westminster, CO (2016 to 2023): Rich managed the City's arts and culture efforts, including special events, public art, cultural heritage initiatives, and historic preservation. He led master planning processes, including facilitation of robust community engagement outreach. He led the City's creative services team, including management of communications, marketing, graphic design, and event professionals. He developed and executed marketing and engagement strategies in support of city branding initiatives. Accomplishments include increasing special event revenues by >850 %; expanding event attendance by 300 %; designing and implementing an event sponsorship program with contracts exceeding $200K per year; growing social media audiences by 500 %; and generating more than 17 million marketing impression per year.
Adams County, CO (2013 to 2016): Rich managed all internal and external communications for Adams County government. He also managed and led the county's first visual arts and cultural venues task force and helped coordinate the distribution of SCFD funds via the county's cultural council. He developed strategic communication plans; provided proactive media relations and issues management; oversaw digital content (social media, i_ntranet, website); performed community outreach; supported executive staff and elected officials with media training and policy advisement; helped launch major policy initiatives; assembled and led a team of communication professionals. Chosen by county leadership to serve on the county's first Innovation Academy sponsored by the Alliance for Innovation and Arizona State University.
REPRESENTATIVE CLIENTS
► Adams County, CO -
Riverside Regional Park
► City of Commerce City, CO
► City of Greeley, CO
► City of Pflugerville, TX
Hyland Hills Parks and
Recreation District, CO
► Lexington Public Librar ies,
KY
► Town of Erie, CO
► Town of Gilbert, AZ
Appendix A. Resumes I 24
5. Fees/ Costs
BerryDunn's fixed fee for conducting the City's Recreation Division Fee Study is $46.350. Table 4 presents a breakdown of our proposed fees by project phase and deliverable. We have included a travel expense estimate of $3,000 for a minimum of three on-site trips. Travel expenses will only be billed as incurred.
Our proposed fee reflects the level of effort we believe is required to complete the requested scope. Other factors that contributed to this fee include:
► Our staffing plan and resource allocation, which provides the City with the appropriate number of resources and level of expertise to complete the tasks defined in the scope of work ► Our experience conducting projects of sim ilar scope and size ► Our proposed team 's experience working together on simi lar projects Table 4: BerryDunn's Proposed Fees by Phase
Task
1. Project Initiation and Management
2. Cost of Service Analysis and Fee Study
3. Cost Recovery Philosophy and Cost Recovery Targets
4. Peer Comparisons
5. Draft Findings and Recommendations
6. Final Fi ndings and Recommendations
Total
Travel estimated, billed only as incurred
Cost
$3,700
$10,500
$16,250
$5,200
$3,200
$7,500
$46,350
$3,ooo I
Our fee proposal assumes that satisfying a deliverable is based on the City's signed acceptance. We will work with the City project manager to update our deliverables as required until they are accepted by the City. The City will not incur any additiona l costs associated with the process of reaching deliverable acceptance. 6) BerryDunn Fees / Costs I 17
EXHIBIT 8
For the Contract between the City of
Richmond and
BerryDunn
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Antonio Banuelos Department: Finance ---------------PO Box 4046 Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Antonio Banuelos before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
EXHIBIT C
For the Contract between the City of
Richmond and
BerryDunn
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:
Antonio Banuelos
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:
BerryDunn
2211 Congress Street
Portland, ME 04102-1955
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 1 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City's rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 2 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract, or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 3 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 staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 4 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 5 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligation to General Conditions/EJ/TE 01-19-11 6 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.S(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 7 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/workplacepo licies . Contractor agrees to abide by the terms and conditions of said policies .
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors , assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19- 11 8 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Condilions/EJ/TE 01-19-11 9 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 th is Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 10 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code§§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Condilions/EJ/TE 01-19-11 11 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36.Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 12 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.
General Conditions/EJ/TE 01-19-11 13 of 13
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
EXHIBIT H
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)