PLEASE NOTE: HYBRID MEETING FORMAT
- REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, July 2, 2024, 3:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
Jaycine Scott, Housing Authority Tenant Commissioner
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!
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HOW TO WATCH THE MEETING FROM HOME:
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2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:
In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.
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Open Session and City Council: Please click the link below to join the webinar:
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International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** 7-2-24 cc meeting
2 **The mayor will announce the agenda item number and open public comment when appropriate.
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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).
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3 Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
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4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Patrick Jackson
• Claimant: Kwesi Guss
• Claimant: Gary Miner
• Claimant: Shanita Harris
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Hanlees Hilltop Buick et al. v. City of Richmond
• Agress v. City of Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two Cases
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Point Molate LLC
Under negotiation: Price and terms of payment
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
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5 E. ADJOURN TO CLOSED SESSION
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6 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY OPEN FORUM
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Standing Purchase Order (PO) For Maintenance, Repair, And Unit Turnover Activities For Public Housing Sites
23 ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed $280,000, for maintenance, repairs, and unit turnover activities ending June 30, 2026 - Richmond Housing Authority (Gabino Arredondo 621-1300).
M. ADJOURNMENT
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7 N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. AGENDA REVIEW
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) S.1 NEW EMPLOYEE REPORT - 1st Tuesday
T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
V.1 City Attorney's Office
V.1.a Legal Services Agreement 75
APPROVE a legal services agreement with Neumiller & Beardslee, to provide legal advice and representation for employment matters in an amount not to exceed $200,000, for a term beginning June 17, 2024, to June 30, 2027 – City Attorney’s Office (Kimberly Chin 510-620- 6709/Shannon Moore 510-620-6505).
V.1.b Second Amendment to the Legal Services Agreement with Goldfarb & Lipman LLP for land use matters, including Denham II litigation. 100
APPROVE a second amendment to the legal services agreement with Goldfarb & Lipman LLP, and increase the compensation by $150,000 for an amount not to exceed $525,000 – City Attorney’s Office (Dave Aleshire 510-620-6509/Shannon Moore 510-620-6505). 7-2-24 cc meeting
8 V.1.c Nepotism in City Boards, Commissions, Committees and Task Forces
130
INTRODUCE an ordinance (first reading) preventing the appointment of immediate family members of City Councilmembers, the City Manager, or City Department Heads, from serving on Richmond boards, commissions, committees, and task forces, and limiting an individual’s participation to one such City body at a time – City Attorney’s Office (Dave Aleshire 510-620-6509).
V.1.d Agreement with Safe Organized Spaces Richmond for Work Related to the Clean California Grant for Encampment Services
136
APPROVE the agreement with Safe Organized Spaces Richmond to employ unhoused individuals for illegal dumping mitigation, provide housing support services for encampment residents, and provide supportive wellness services for encampment residents, in the amount of $109,546.96, with a term ending December 31, 2024 – City Attorney’s Office (David Aleshire 510-620-6509)
V.1.e Approval of Settlement Agreement 374
APPROVE settlement agreement and AUTHORIZE staff to proceed with Ordinance amending Measure U to create Class Q for automobile dealers - City Attorney's Office (Dave Aleshire 510-620- 6509).
V.2 City Council
V.2.a Exploring Incentives to Encourage All-Electric Buildings in New Construction
387
DIRECT staff to explore incentives to provide to developers that refrain from using natural gas in new construction buildings and return to City Council in the fall with recommendations – Councilmembers Cesar Zepeda (510-620-6593) and Gayle
McLaughlin (510-620-6636).
V.2.b Richmond Fire Department and West Contra Costa Fire Safe Council collaboration for an open house at Fire Station 64
389
APPROVE the collaboration between the Richmond Fire Department and the West Contra Costa Fire Safe Council (WCCFSC) to host an Open House at Fire Station 64 on October 6th, in recognition of National Fire Prevention Week and to utilize department funds in combination with donations raised by WCCFSC not to exceed $2,500 - Councilmember Soheila Bana (510-672-6743).
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9 V.3 Community Development
V.3.a Sidewalk Vendor Ordinance 392
ADOPT an ordinance (second reading) adding new Chapter 7.42 Sidewalk Vending regulations in the Richmond Municipal Code consistent with state law and AUTHORIZE the city manager or her designee to execute any agreements necessary to establish and implement a Mobile Vendor Plaza Program aimed at creating opportunities for sidewalk vendors and other interested parties to continue their businesses in a regulated and licensed manner. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2) and Section 15061(b)(3) - Community Development
Department/Public Works Department (Lina Velasco 510-620- 6841/Daniel Chavarria 510-620-5478).
V.3.b Contract Amendment with RCF Connects for Unhoused Services 409 APPROVE a contract amendment No. 4 with RCF to add
$1,403,658.17 in additional funding for the Richmond Housing First Emergency Housing Assistance Programs and the Encampment Resolution Fund (ERF 2R), for a total contract amount not to exceed $4,365,376.12, for a term extending through June 30, 2025 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).
V.3.c Sole-Source Contract with Contra Costa County to Provide Project Management & Services Support for Encampment Resolution Funding 2 (ERF-2R)
508
AUTHORIZE the city manager or designee to negotiate and execute a sole-source contract with Contra Costa County Health, Housing & Homeless to provide Project Management, Care Management, and Interim Housing Solutions for the Encampment Resolution Funding Round 2 project for an amount not to exceed $1,238,102, for a term beginning July 15, 2024, through July 15, 2025; and DIRECT staff to return in September to report to the Council and community regarding the contract scope and project activities – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).
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10 V.4 Economic Development
V.4.a Negotiations with the Top-Ranked Proposal for Solid Waste Collection Agreement Request for Proposal (RFP).
512
ADOPT a resolution authorizing the city manager and/or her designee to proceed with negotiations with the top-ranked proposal, Richmond Sanitary Services Inc, a subsidiary of Republic Services for the City’s solid waste collection services and franchise agreement – Economic Development Department (Samantha Carr 510-620- 5407).
V.4.b Acceptance of the Painting Project at 1322 and 1325 Canal Blvd 516 ADOPT a resolution accepting the painting project of 1322 and 1325 Canal Boulevard completed under Fresh Start Painting; and AUTHORIZE the Port Director to execute associated documents to record the project – Economic Development Department (Charles Gerard 510-215-4600).
V.4.c Authorization to Apply for the EPA Community Change Grant 553 ADOPT a resolution authorizing the city manager and/or her designee to execute all documents necessary to apply for and verify the parties’ commitments toward project implementation of the Environmental Protection Agency Community Change grant including entering into a Memorandum of Understanding (MOU) with coapplicants – Economic Development Department (Nannette Beacham 510-620-1306/Samantha Carr 510-620-5407/Yahna
Williamson 510-620-6574).
V.4.d Environmental Support for Terminal 1 Site 558
APPROVE a sole-source contract with WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for a total amount not to exceed $196,600, through August 31, 2026, to complete ongoing environmental support, including groundwater monitoring and reporting in compliance with the clean-up order issued by the Regional Water Quality Control Board – Economic Development Department (Charles Gerard 510- 620-6792).
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11 V.4.e Allen Brothers Steak and Seafood Facility Public Art Mural and Mosaic Tile Project
587
ADOPT a resolution to APPROPRIATE $250,000 in Arts & Culture private developer funds; and APPROVE two contracts, one with Hungry Ghost Productions in the amount of $210,000, for the installation of a mural, and another with Wilma Wyss in the amount of $40,000, for the installation of mosaic tabletops at the Allen Brothers Steak and Seafood Facility located at 211 West Cutting Boulevard, for the term beginning July 3, 2024, through June 30, 2025 – Economic Development Department (Nannette Beacham 510-621- 1306/Winifred Day 510-620-6952).
V.4.f Contract with Renaissance Entrepreneurship Center for Assistance for Small Businesses Impacted by COVID-19
663
APPROVE the professional services contracts with Renaissance Entrepreneurship Center to provide assistance to small businesses impacted by COVID-19, in an amount not to exceed $650,000 with a term ending December 31, 2026; and AUTHORIZE the city manager or her designee to negotiate and approve additional scope(s) of work, if necessary, for additional amounts not to exceed $100,000 – Economic Development Department (Nannette Beacham 510-621- 1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620-6802).
V.5 Finance Department
V.5.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of May 2024
721
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of May 2024 – Finance Department (Andrea Miller 510-620-6740).
V.5.b Proposed Fourth Amendment to the Contract with Via Actuarial Services Formerly Known as Van Iwaarden Associates
739
APPROVE the fourth amendment to the contract with VIA Actuarial Services, formerly known as Van Iwaarden Associates, for actuarial services necessary for retiree healthcare plan and pension fund management, increasing the contract amount by $21,500 for a total not to exceed amount of $166,500, and extend the contact term through June 30, 2025 – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740).
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12 V.6 Human Resources
V.6.a Second contract amendment with Gallagher Benefits Services (FKA Koff and Associates)
1028
APPROVE a first amendment to the contract with Koff & Associates for $50,000, for a total not-to-exceed amount of $100,000, for recruitment services with a term ending June 30, 2025 – Human Resources Department (Nickie Mastay/Sharrone Taylor 620-6602).
V.6.b Contract with the Century Group for Recruitment and Temporary Staffing Services on an As-Needed Basis
1085
APPROVE a contract with the Century Group for recruitment and temporary staffing services for the term of July 2, 2024, through June 30, 2025, in an amount not to exceed $100,000 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
V.6.c Du-All Safety Three-year Contract 1111
APPROVE a three-year contract with Du-All Safety in the amount of $480,960 divided equally over the next three fiscal years for the purpose of administering the City’s safety program - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).
V.6.d Agreement with George Hills Company, Inc. 1208
APPROVE a three-year (Fiscal Year 24-25 – Fiscal Year 26-27) contract with two optional one year extensions with George Hills Company, Inc. to provide third-party administration of general liability claims received by the City in an amount not to exceed $ 660,000 – Human Resources Department (Nickie Mastay 510-620-
6609/Sharrone Taylor 510-620-6803).
V.6.e Amend the salary schedule 1362
ADOPT a resolution amending the salary schedule to add the Lending Library Specialist classification – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
V.6.f Cooperative Personnel Services - HR (CPS) Consulting Services Third Contract Amendment
1366
APPROVE a third amendment to the Cooperative Personnel Services HR Consulting (CPS) contract to amend the scope of services for the Fiscal Year 2023-24 Fire Promotional recruitments and training, and increase the payment limit by $200,000, for a new total contract amount not to exceed $639,080 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
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13 V.6.g Amend Position Control 1498
ADOPT a resolution to amend staffing and position control – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).
V.7 Information Technology
V.7.a Proposed Thirteenth Amended Contract with Tyler Technologies for License, Maintenance, Training, and Services
1502
APPROVE an amendment to extend the term to the agreement with Tyler Technologies for Software as a Service (SaaS) for the MUNIS Enterprise Resource Planning (ERP) System for a single extended term of one year, or twelve months, with a not to exceed amount of $672,556 – Information Technology Department (Sue Hartman 510- 620-6874).
V.7.b Resolution Confirming Standing Orders and Outline Agreements for Technology Related on Demand Hardware, Software, and Services from Various Vendors
1679
ADOPT a resolution authorizing the Division of Information Technology to use standing orders/outline agreements for technology related goods and services from pre-approved vendors in support of essential City of Richmond hardware, software, and services, in an amount not to exceed $750,000 per year per vendor for Fiscal Years 2024-2025 through 2027-2028 with review and approval from the City Attorney’s Office - Information Technology Department (Sue Hartman 510-620-6874).
V.8 Library and Community Services
V.8.a Sole-Source Contract with Midwest Tape, LLC for Hoopla Service for Library Patrons
1741
APPROVE a sole-source contract with Midwest Tape LLC, for an amount not to exceed $30,000, for a three-year term beginning July 1, 2024, and ending June 30, 2027, to provide free access to webbased application for e-books and streaming media - Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510-620-5524).
V.8.b Sistas on the Links Grant Funds for the Summer Youth Golf Program 1762 ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $3,500 from the Sistas on The Links Golf Club for a summer youth golf program – Community Service Department (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6919). 7-2-24 cc meeting
14 V.8.c Zumba contract with Oscar I. Solano Jr. Dba Zumbarico Fitness 1767 APPROVE a contract with Oscar I. Solano, Jr. DBA ZumbaRico Fitness, to provide Zumba and Aqua Zumba classes with a term beginning July 2, 2024, through June 30, 2027, in an amount not to exceed $105,000 – Community Services Department (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6919).
V.8.d Sole-Source Contract with Playaway Products LLC 1830 APPROVE the sole-source contract with Playaway Products LLC for a term beginning July 1, 2023, and ending June 30, 2026, in an amount not to exceed $20,000 per year and $60,000 over the life of the contract to provide and support Launchpad tablets and Wonderbooks designed for library circulation - Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510-620- 5524).
V.8.e First Contract Amendment with Jason Corburn for Data Storage and Data Management Services.
1851
APPROVE the first contract amendment with Jason Corburn to provide data storage and processing costs, and a data visualization tool built exclusively for the Office of Neighborhood Safety, extending the term to June 30, 2026, and increasing the contract amount by $90,000, for a not to exceed total contract amount of $130,000 – Community Services Department (LaShonda White 510-620-
6828/Sam Vaughn 510-620-5422).
V.8.f Contract With Folgergraphics Inc. to Print and Mail Recreation Activity Guides
1882
APPROVE a contract with FolgerGraphics, Inc., to print two editions of the Recreation Activity Guides annually in Fiscal Years 2024-2025, 2025-2026, and 2026-2027, for a total not to exceed contract amount of $135,000, and for a contract term beginning July 2, 2024, through June 30, 2027 - Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510-620-6972/Angelica Howay 510- 620-6796).
V.8.g Contract with Cheryl Maier 1930
APPROVE a contract with Cheryl Maier to serve as the American Job Centers of California (AJCC) Coordinator for the Richmond Workforce Development Board (RWDB) for a term commencing July 1, 2024, and ending June 30, 2025, for a total compensation amount not to exceed $20,000 – Community Services Department
(LaShonda White 510-620-6828/Tamara Walker 510-307-8006). 7-2-24 cc meeting
15 V.8.h Contract Amendment with Oakland Private Industry Council to Serve as a Contracting/Vendor Pay Agent for the RichmondWORKS Program
1972
APPROVE an amended contract with the Oakland Private Industry Council to provide additional services as the Contracting/Vendor Pay Agent for RichmondWORKS, Workforce Innovation and Opportunity Act (WIOA), and other grant-funded program participants, increasing the contract payment limit by $280,397, for a total not to exceed amount of $860,306.38, with the term ending June 30, 2025 – Community Services Department (LaShonda White 510-620-
6828/Tamara Walker 510-307-8006).
V.8.i Amended Contract with Express Employment Professionals 2019 APPROVE an amended contract with Express Employment
Professionals to provide as-needed temporary staffing services, increasing the compensation limit by $35,000, for a total compensation amount not to exceed $45,000, and for a term ending December 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).
V.8.j Purchase of Two Ford Transit Vans for the Community Crisis Response Program
2048
APPROVE the purchase of two Ford Transit vans for a total cost of $108,200 for the Community Crisis Response Program - Community Services Department (LaShonda White 510-620-6828/Sam Vaughn 510-620-5404/Michael Romero 510-620-6791/Dee Karnes 510-231- 3044).
V.8.k Agreements with Lyft Inc. and UBER Inc. to Provide Transportation Services to Ambulatory Richmond Paratransit Riders
2064
APPROVE the service agreements with Lyft, Inc., and UBER Inc. to provide transportation services for ambulatory (non- wheelchair) Paratransit clients in an amount not to exceed $200,000 annually for each vendor, for a three-year term beginning July 1, 2024, and ending June 30, 2027, with an option for two additional one-year extensions at $200,000 for each option year per vendor – Community Services Department (LaShonda White 510-620-6828/Lori Reese 510-620-6512).
V.9 Mayor's Office
V.9.a Appointment(s) to the Design Review Board 2223
APPOINT Ben Kellman and Bahar Biazar to the Design Review Board, to fill vacant positions, terms expire March 17, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
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16 V.9.b Commission on Aging Appointment 2227
APPOINT Rev. Donna Decamp to the Commission on Aging, to fill an unexpired term, term expires May 19, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
V.9.c Appointment(s) to the Design Review Board 2230
APPOINT Karlyn Neel to the Design Review Board, filling a vacant position, term expires March 17, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
V.9.d Appointment of Richmond representative for Public Bank East Bay 2233 APPOINT Mayor Eduardo Martinez as the Richmond representative to the Public Bank of the East Bay — Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
V.10 Police Department
V.10.a RPD Sole-Source Contract with Veritone for Redaction Software as a Service
2235
APPROVE the sole-source contract with Veritone for their Redact Software as a Service (SaaS) for a contract amount of $49,500 for the period July 1, 2024, through June 30, 2027 – Police Department (Chief Bisa French 510-621-1802).
V.11 Public Works
V.11.a Piggyback Contract with Angeles Contractor, Inc. 2264 APPROVE an agreement with Angeles Contractor, Inc. in an amount not to exceed $300,000 for a term ending June 7, 2025 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).
V.11.b Marina Bay Park Computer Irrigation System Upgrade 2369 APPROVE a sole-source contract with SiteOne Landscape Supply to upgrade the computer irrigation system at Marina Bay Park, in an amount not to exceed $13,656.23, for a term beginning July 1, 2024, through June 30, 2025; and APPROPRIATE $13,656.23 to account string 11533931-400642 – Public Works Department (Daniel Chavarria/Tawfic Halaby/Greg Hardesty 510-620-6920).
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17 V.11.c Lincoln Elementary SRT Construction Contract Termination Letter 2401 ADOPT a resolution to terminate a construction contract with Corcus Construction, Inc.; DIRECT Public Works staff to rebid the Lincoln Elementary School Safe Route to School Improvement Project CML5137(055); AND RE-APPROPRIATE funds in the General Capital Fund in the amount of $103,831 and Engineering Grants Fund in the amount of $496,000 in Fiscal Year 2024-25 - Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621- 1612).
V.11.d Grant City Manager Authority to Award Traffic Calming Project Bids and Authorize Public Works Director to Approve Change Orders During Council Recess
2471
ADOPT a resolution authorizing the city manager to award bids and execute contracts with the lowest responsive and responsible bidder for the Traffic Calming 18 Locations Project up to the budgeted amount of $1.6 million; and AUTHORIZE the Director of Public Works to approve change orders up to 10 percent of the construction costs, provided these change orders remain within the overall project budget - Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477).
V.11.e Proposed Contract Amendment for the Fiscal Year 2024-25 Phase I Grade 5 RAA Sewer Line Replacement and/or Rehabilitation of the Sanitary Sewer Collection System as stated in the Baykeeper Settlement Agreement
2475
ADOPT a resolution authorizing the issuance of a Task Authorization to Veolia Water to manage (on behalf of the City) subcontracts with:
APB General Engineering, VW Housen and Questa Engineers to replace and/or rehabilitate additional sanitary sewer pipelines in the amount of $2,523,963 - Public Works Department (Robert Armijo 510-620-5479/Mary Phelps 510-621-1269).
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18 V.11.f Resolution Authorizing the City Manager to Execute Recurring Contracts and Agreements
2641
ADOPT a resolution authorizing the city manager to execute recurring contracts per Fiscal Year, as adopted annually by each governing board (not to exceed) as listed: Contra Costa County - North Richmond Storm Drain Pump Station $75,000, Clean Water Program $385,000; California State Water Resources Control Board - WWTP National Pollutant Discharge Elimination System (NPDES) $125,000, City of Richmond Stormwater NPDES permit $40,500, Sanitary Sewer Overflow Waste Discharge Requirement (WDR) Permit $45,500; Other Agencies - West County Agency $850,000, Stege Sanitary District Sewer Use Fees $43,500, Caltrans $125,000, West Contra Costa Transportation Advisory Committee (WCCTAC) $167,000, Contra Costa Transportation Advisory Committee (CCTAC) $27,000 - Public Works Department (Daniel Chavarria 510- 621-5478/Mary Phelps 510-621-1269).
V.11.g Contract with Pavement Coatings Co. for the 2024 Slurry Seal Project
2752
ADOPT a resolution to AWARD a construction contract to Pavement Coatings Co., the lowest responsive and responsible bidder, for implementation of the 2024 Slurry Seal Project, in the amount of $2,957,767,68; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a fifteen-percent contract contingency amount of $443,665.15, for a total not-toexceed contract amount of $3,401,432.83; and APPROPRIATE funds in the amount of $885,431.83 in the Senate Bill 1 Road Maintenance and Rehabilitation Act Fund 1019 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).
V.11.h Sole-Source Contract with Schaaf & Wheeler to finish Ferry Point Pump Station project
2801
APPROVE a sole-source contract with Schaaf & Wheeler for a total not-to-exceed amount of $50,000 for a term ending on January 1, 2025, to finish the construction-related engineering services for the Ferry Point Pump Station Project – Public Works Department (Daniel Chavarria 510-620-5478/Jeffrey Barich 510-412-2009).
V.11.i Contract with Forster & Kroeger Landscape Maintenance, Inc., for Point Molate vegetation management
2833
APPROVE a six-month contract with Forster & Kroeger Landscape Maintenance, Inc., beginning on July 1, 2024, and ending on December 31, 2024, in an amount not to exceed $45,000 – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).
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19 V.11.j Contract Amendment #2 Ninyo & Moore for Materials Testing Services
2871
APPROVE a second contract amendment with Ninyo & Moore, in the amount of $500,000, for ‘as-needed’ construction materials testing services, for a new total contract amount not to exceed $1,350,000 – Public Works Department (Daniel Chavarria 510-620-5478/ Jene Levine-Snipes 510-307-8132).
V.11.k Authorize the City Manager to Award and Execute a contract for up to $300,000 for the Storm Drainage Rate Study during the City Council’s recess.
2919
ADOPT a resolution granting the city manager the authority to AWARD and EXECUTE a contract to the consultant firm selected by a review panel of City Staff in an amount not to exceed $300,000 - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Jeffrey Barich 510-412-2009)
V.11.l Resolution Approving Emergency Contract with Veolia for the Sludge Thickener Project at the Wastewater Treatment Plant
2923
ADOPT a resolution approving the emergency justification contract for the Sludge Thickener Project located at the Richmond Wastewater Treatment Plant in an amount not to exceed
$13,000,000 (construction cost plus 15.25 percent contingency) – Public Works Department (Robert Armijo 510-620-5477/Jeffrey Barich 510-412-2009).
V.11.m Sole-Source Contract with Contra Costa Electric 2934 APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $28,800, including a 20 percent contingency, for emergency repair and maintenance of the City Hall backup generator transfer switch, with a one-year term – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510- 620-6896).
V.11.n Contract with Hi-Tech Emergency Vehicle Services for Apparatus Repairs
2994
APPROVE a three-year contract with Hi-Tech Emergency Vehicle Services for as-needed repairs to police and fire apparatus for an aggregate amount not to exceed $255,000 – Public Works
Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231- 3044).
V.11.o Contract with Owen Equipment Sales for As-Needed Repairs 3025 APPROVE a three-year contract with Owen Equipment Sales for parts and as-needed repairs, for an aggregate amount not to exceed $120,000 – Public Works Department (Daniel Chavarria 510-620- 5478/Dee Karnes 510-231-3044).
7-2-24 cc meeting
20 V.12 Rent Program
V.12.a Resolution Establishing the Fiscal Year 2024-25 Residential Rental Housing Fee
3055
ADOPT a resolution establishing the Fiscal Year 2024-25 Residential Rental Housing Fee in the amount of $239 per Controlled Rental Unit, and $136 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).
W. PUBLIC HEARINGS
W.1 Public Hearing to Consider the Director’s Report on Sewer Service Charges for the Collection of the Sanitary and Storm Fees for Fiscal Year 2024-25 3064
HOLD a public hearing; and ADOPT a resolution approving the Director’s Report of sewer service charges for Fiscal Year 2024-25 allowing for the sanitary and stormwater fees to be collected on the annual 2024-25 tax rolls – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510- 620-1269)
W.2 Sidewalk Vending Fee 3740
HOLD a Public Hearing; and ADOPT a Resolution approving adoption of permit fees for sidewalk vending and setting administrative fines for violations including vending without a special business permit - Community Development Department/Public Works Department/Finance Department (Daniel Chavarria/Lina Velasco/Andrea Miller 510-621-1220).
X. NEW BUSINESS
X.1 Placing the Instant Runoff Voting Election Reform Act (IRV) Initiative on the November 5, 2024, General Election Ballot
3746
ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 5, 2024, an initiative to amend the City Charter to replace its current plurality voting method with that of Instant Runoff Voting (IRV) and AUTHORIZE the City Attorney’s Office and staff to finalize any necessary documents relating to the ballot measure – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
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21 X.2 Solicit Polling Agency to Poll the Community Regarding a Bond for New Public Safety Building, Expand the Library, Upgrade the Martin Luther King Jr. (MLK) Community Center
3758
DIRECT the city manager or designee to develop and issue a Request for Proposal to retain a polling company to poll the community regarding the placement of a bond measure on the November 2024 ballot to construct a public safety building, upgrade fire departments, expand and enhance the main library, and upgrade community centers (such as MLK and Nevin); AUTHORIZE the city manager or designee to enter into a contract with a polling company for up to $50,000; DIRECT the City Attorney’s Office to draft a bond measure and supporting documents for Council to review, and CALL two special meetings – the first meeting to consider the resolution of necessity related to the bond measure and first reading of the bond measure ordinance and a second meeting to occur no later than July 31, 2024 to consider polling results and adopt the final bond measure for the November 2024 ballot; and APPROPRIATE $50,000 from the general fund - Councilmember Cesar Zepeda (510-620-6593).
Y. ADJOURNMENT
________________________
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22
July 2, 2024
Richmond Housing Authority
Economic Development
DATE: July 2, 2024
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM: Nannette Beacham, Economic Development Director
Gabino Arredondo, RHA Interim Executive Director
Subject: Standing Purchase Order (PO) For Maintenance, Repair, And Unit Turnover Activities For Public Housing Sites
FINANCIAL IMPACT: The proposed expenditure will be funded from the RHA Operating Budget and Capital Fund (FY 24-25 $80,000
42141191-400385 $60,000 44545191-400385; FY 25-26
$80,000 42141191-400385 $60,000 44545191-400385).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Richmond Housing Authority (RHA) is seeking
approval to establish a standing purchase order with HD Supply for maintenance, repair, and unit turnover
activities for RHA Public Housing sites.
RECOMMENDED ACTION: ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed
$280,000, for maintenance, repairs, and unit turnover
activities ending June 30, 2026 - Richmond Housing
Authority (Gabino Arredondo 621-1300).
AGENDA
REPORT
23
July 2, 2024
DISCUSSION:
The RHA is seeking approval of a purchase order to support the on-going maintenance and repair supplies for unit turnover activities at RHA public housing sites (Nystrom Village). The HD Supply maintenance supplies have been bid by the Omnia (formerly US Communities) Piggybackable contract (Attachment 2). The RHA’s utilization of the Omnia (formerly US Communities) Piggybackable contract eliminates the cost associated with going out to bid and reduces the lead-time in obtaining the products.
The purchase order amounts with HD Supply are proposed for an amount not to exceed $280,000 over two fiscal years ending June 30, 2026.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 - Omnia (formerly US Communities) Piggybackable contract Maricopa County
Attachment 3 - Cooperative Procurement Justification
24 Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR TO EXECUTE STANDING PURCHASE ORDERS WITH HD SUPPLY FOR AN AMOUNT NOT TO EXCEED $280,000, FOR MAINTENANCE, REPAIRS, AND UNIT TURNOVER ACTIVITIES ENDING JUNE 30, 2026
WHEREAS, Richmond Housing Atuhority (RHA) owns and manages 100 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, RHA has a need for the maintenance and repairs supplies to support daily maintenance and unit turnover activities at Public Housing site, Nystrom Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Interim Executive Director is hereby authorized to execute standing purchase orders with HD Supply for an amount not to exceed $280,000, for maintenance, repairs, and unit turnover activities ending June 30, 2026.
BE IT FURTHER RESOLVED that the Interim Executive Director is hereby authorized to take all actions necessary to implement this resolution. *****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on July 2, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
25 Reso. No. ____
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on July 2, 2024. ____________________________________
CLERK OF THE HOUSING AUTHORITY
26 SERIAL 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S.
Communities) Contract - HD Supply Facilities Maintenance LTD.
DATE OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
SA/mm
Attach
Copy to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
27 CONTRACT PURSUANT TO RFP
SERIAL 16154-RFP
This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and HD Supply Facilities Maintenance, Ltd., Florida Limited Partnership (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5) years, beginning on the 1th day of February, 2017 and ending the 31st day of December, 2021 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this Contract or as a matter of law. The provisions of this clause shall survive the expiration or termination of this Contract.
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the equest with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information:
28 SERIAL 16154-RFP
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number if provided during account set-up or • County purchase order number
• Invoice number and date
• Payment terms
• Date of shipment
• Quantity
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
3.4 PAYMENT RETENTION: (By Task Order/Project if required)
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement shall be retained by COUNTY until Final Completion of the services. COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall retention be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.
3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the 29 SERIAL 16154-RFP
responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.
3.6 TAX: (SERVICES)
No tax shall be levied against labor based on applicable law and pursuant to tax exemption regulations. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.7 TAX (COMMODITIES):
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract
3.10 VOLUNTARY EMPLOYEE DISCOUNTS
3.10.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.
3.10.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 30 SERIAL 16154-RFP
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, Task Order or as otherwise directed in writing by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against actual and direct claims, damages, losses, and expenses (including, but not limited to reasonable attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) to the extent arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or willful misconduct relating to the Contractor’s performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any actual and direct claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, to the extent caused by negligent acts, errors, omissions, or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly employed by them, or anyone for whose acts they may be liable, except to the extent such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
Contractor’s obligation to indemnify, defend and hold harmless County shall not apply in cases of County’s negligence or intentional misconduct. Further, Contractor shall not be so obligated and specifically disclaims any liability for claims that are due to: building design and/or construction, product misuse, misapplication of the product, improper site or surface preparation, improper selection of product and/or color, or improper maintenance. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification extends to the negligence of County.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State 31 SERIAL 16154-RFP
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds, except where such agent or representative is a contractor or subcontractor retained by the County.
6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service, except where such agent or representative is a third-party contractor or subcontractor retained by the County.
6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 32 SERIAL 16154-RFP
6.2.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against County and its agents, officers, directors and employees (except for third-party contractors or subcontractors retained by the County) for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.
6.2.12 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, Commercial Umbrella insurance, if necessary, in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builder’s Risk insurance shall be maintained until completion of the units under construction subject to the agreement as complete. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub‐subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation construction projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property comes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self‐insurance maintained by the County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title.
33 SERIAL 16154-RFP
6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall provide prior written notice of cancellation to Maricopa County based on state guidelines. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by Project/Task Order)
6.3.1 Concurrently with the submittal of the Contract, the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor.
6.3.1.1 A Performance Bond equal to the full Contract amount ($ or as specified) conditioned upon the faithful performance of the Contract in accordance with plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Contract.
6.3.1.2 A Payment Bond equal to the full contract amount ($ or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Contract.
6.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptable to the Contracting Agency. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best-A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Except for payment obligations, neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, 34 SERIAL 16154-RFP
labor dispute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.
6.5.3 Notwithstanding the foregoing, with respect to materials provided hereunder, Contractor is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder, Notwithstanding this as-is limitation, Contractor shall pass through to County any transferrable manufacturer’s standard warranties with respect to goods purchased hereunder. COUNTY AND PERSONS CLAIMING THROUGH COUNTY
SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN
CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS
SHALL BE THE EXCLUSIVE RECOURSE OF COUNTY AND PERSONS
CLAIMING THROUGH COUNTY FOR DEFECTIVE GOODS, WHETHER THE
CLAIM OF COUNTY OR THE PERSON CLAIMING THROUGH COUNTY SHALL
SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS THESE TERMS TO
SUBSEQUENT BUYERS AND USERS OF GOODS. CONTRACTOR EXCLUDES
AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTRACTOR ASSUMES NO RESPONSIBILITY WHATSOEVER FOR
CONTRACTOR’S INTERPRETATION OF PLANS OR SPECIFICATIONS
PROVIDED BY COUNTY, AND COUNTY’S ACCEPTANCE AND USE OF GOODS
SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY COUNTY OR BY COUNTY’S RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON CONTRACTOR’S
INTERPRETATION, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE
PERFORMANCE OR BREACH OF THESE TERMS, SHALL CONTRACTOR BE LIABLE FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL,
COINCIDENTAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEY’S FEES OR DELAYED DAMAGES, EVEN IF SUCH 35 SERIAL 16154-RFP
DAMAGES WERE FORESEEABLE OR CAUSED BY CONTRACTOR’S BREACH OF THIS AGREEMENT, (b) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING THE
AMOUNT PAID TO CONTRACTOR FOR GOODS FURNISHED TO COUNTY WHICH ARE THE SUBJECT OF SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE ACTION.
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all reasonable times and places during the term of the Contract.
County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If any of the services do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:
6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If after being provided written notice and reasonable opportunity to cure the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow promptly. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
36 SERIAL 16154-RFP
6.8 Background Check:
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
6.10 Stop Work Order
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised 37 SERIAL 16154-RFP
if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.
6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County, which consent shall not be unreasonably withheld. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
38 SERIAL 16154-RFP
6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.22 ISRAEL BOYCOTT:
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel. 39 SERIAL 16154-RFP
6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other
transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default.
40 SERIAL 16154-RFP
6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A).
The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph
6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
6.25 INFLUENCE
As prescribed in MC1-1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
41 SERIAL 16154-RFP
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
6.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.28.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.28.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.28.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.29 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 42 SERIAL 16154-RFP
6.30 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
6.31 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.32 PRICES:
Pricing will be compliant with the Pricing Commitments as described in the Administration Agreement dated as of January 12, 2017 by and between U.S. Communities Government Purchasing Alliance and Contractor.
6.33 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.
6.34 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.34.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, coemployee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.34.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.35 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona 43 SERIAL 16154-RFP
6.36 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
6.37 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.38 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.38.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.
6.38.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.39 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the cancellation. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 44 SERIAL 16154-RFP
6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor: with a copy to:
HD Supply Facilities Maintenance, Ltd.
PO Box 509055
San Diego, CA 92150-9055
Attn: Contracts Department
HD Supply Facilities Maintenance, Ltd.
3400 3100 Cumberland Blvd, Suite 1700
Atlanta, GA 30339
Attn: Legal
45 SERIAL 16154-RFP
46 SERIAL 16154-RFP
EXHIBIT A
PRICING
SERIAL 16154-RFP BFO
NIGP CODE: 45041
RESPONDENT'S NAME: HD Supply Facilities Maintenance, Ltd.
COUNTY VENDOR NUMBER : VC0000004973
ADDRESS: 3100 Cumberland Blvd., Ste. 1700
Atlanta, GA 30339
P.O. ADDRESS: PO Box 509055, San Diego, CA 92150
TELEPHONE NUMBER: 877-610-6912
FACSIMILE NUMBER: 877-219-8526
WEB SITE: hdsupplysolutions.com
CONTACT (REPRESENTATIVE): Cynde Smith
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected] YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [ X ] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ X ]
1.0 PRICING:
1.2 Wholesale Catalog Discount By Category
Annual Issue Date of Catalog March/April
(Insert Sub-categories as necessary)
MINIMUM MINIMUM Discount from List
1.1 Category 1 Appliances
Refrigerators 5 %
Ovens 5 %
Oven Repair 20 %
Laundry 5 %
Dishwashers & other Appliances 5 %
Refrigerator Repair 15 %
Microwaves 10 %
Range Hood Filters 20 %
Range Hoods 20 %
Washer & Dryer Repair 15 %
Gas Supply Lines & Fittings 15 %
Laundry Carts 5 %
Dishwasher Repair 15 %
Ice Machines 5 %
Ice Machine Repair 10 %
1.2 Category 2 Building Materials 5 %
Slab Doors 10 %
Bi-Fold 5 %
Moldings 10 %
47 SERIAL 16154-RFP
Bypass Doors 5 %
Pre-hung Int. Doors 5 %
Exterior Doors 5 %
1.3 Category 3 Hardware 5 %
Residential Locksets 10 %
Door & Wall Protection 15 %
Screen Doors, Frame & Wire 15 %
Door Security Hardware 15 %
Commercial Locksets 10 %
Mailboxes & Accessories 15 %
Weatherization & Thresholds 20 %
Ceiling Tile 5 %
Door Hinges & Closers 10 %
Wardrobe Hardware 15 %
Cabinet & Drawer Hardware 15 %
Window Hardware 10 %
Commercial Door Hardware 10 %
Electronic Locks & Safes 5 %
Sliding Patio Door Hardware 10 %
Gate & Garage Door Hardware 10 %
Fasteners 10 %
Storm Door 5 %
1.4 Category 4 HVAC 5 %
Fireplace 10 %
Air Filtration 15 %
PTAC & Ductless (Mini Splits) 5 %
Refrigerants & Compressed Gases 5 %
Thermostats & Temperature Control 10 %
Window & Portable Air Conditioners 10 %
Wall Air Conditioners 5 %
Exhaust Fans 15 %
Condensing Units 5 %
Repair Parts 10 %
Tools & Supplies 10 %
Heaters 10 %
Hydronic Products, Controls & Gauges 5 %
Indoor Air Quality (IAQ) 10 %
Air Handlers, Furnaces & Coils 5 %
Ventilation 10 %
Compressors & Fittings 10 %
Warranty/OEM Parts 0 %
Thru-The-Wall Condensers 5 %
Clearance - HVAC 0 %
1.5 Category 5 Kitchen and Bath Cabinets 10 %
Medicine Cabinets 15 %
Countertops 0 %
48 SERIAL 16154-RFP
Bathroom Vanities 15 %
Kitchen Cabinets 10 %
1.6 Category 6 Janitorial 5 %
Floor Mats 10 %
Paper Product 20 %
Cleaning Chemicals 20 %
Cleaning Equipment 15 %
Waste Receptacles And Liners 10 %
Pest Control 10 %
Trash Liners 20 %
Vacuums And Accessories 5 %
Carpet Extractors & Floor Machines 5 %
Odor Control 5 %
Hand Soaps & Sanitizers 15 %
Dilution Systems 5 %
1.7 Category 7 Landscaping Equipment and Supplies 5 %
Planters 5 %
Garden Hoses & Nozzles 10 %
Sprinkler Heads, Nozzles & Accessories 5 %
Sprinkler Valves & Accessories 10 %
Outdoor Equipment 5 %
Ice Melt 5 %
Utility Vehicle & Accessories 5 %
1.8 Category 8 Motors/Pumps 5 %
Motors & Fan Blades 5 %
Circulator Pumps 5 %
Pumps & Regulators 5 %
1.9 Category 9 Paints/Coatings 5 %
Caulking 15 %
Interior Surface Repair 15 %
Paint Application 10 %
Tapes & Adhesives 10 %
Paint 5 %
Spray Paint 10 %
Primers 5 %
Exterior Surface Repair 5 %
1.10 Category
10 Plumbing 5 %
Kitchen & Bar Faucets 10 %
Lavatory Faucets 10 %
Stems & Cartridges 10 %
Tub Spouts & Showerheads 10 %
Bathroom Hardware 15 %
Sinks 10 %
Faucet & Shower Valve Repair 15 %
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Specialty & Commercial Faucets 5 %
Handles And Index Buttons 10 %
Tub & Shower Trim Kits & Valves 5 %
Pop Ups & Repair 10 %
Spouts & Aerators 10 %
Decorative Bath Hardware 10 %
Escutcheons and Flanges 10 %
Clearance faucets and showerheads 0 %
Water Heaters 5 %
Toilet & Tank Repair 10 %
Disposers & Repair 5 %
Shower Doors, Tubs & Enclosures 10 %
Toilets 10 %
Toilet Seats 20 %
Drain Cleaning Equipment 5 %
Metal & Plastic Tubular 10 %
Public Washroom 10 %
Water Heater Repair 5 %
Sink Repair 20 %
Water Coolers & Bubblers 5 %
Tub Waste and Drain Repair 10 %
Pipe Repair & Weatherization 10 %
1.11 Category
11 Pool Supplies 5 %
Pool And Patio Furniture 5 %
Pool Chemicals 5 %
Pool Equipment 10 %
1.12 Category
12 Tools, Hand-Held General Purpose 5 %
Acrylic Sheet 5 %
Hand Tools 10 %
Ladders & Ladder Acc. 5 %
Lubricants 10 %
Plumbing Hand Tools 10 %
Carts & Trucks 10 %
Wheels & Casters 10 %
Storage 15 %
1.13 Category
13 Tools, Power Type 5 %
Power Tools 5 %
Shop Tools 5 %
Power Tool Accessories 10 %
Power Equipment 5 %
Bench Top Tools 5 %
1.14 Category
14 Flooring and Window Coverings 10 %
Vinyl Mini Blinds 20 %
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Standard Vertical Blinds 20 %
1" Deluxe Vinyl Mini Blinds 20 %
Aluminum Mini Blinds 20 %
Window Shades & Rods 15 %
Faux Wood Blinds 15 %
Deluxe Vertical Blinds 10 %
Window Covering Accessories 15 %
2" Deluxe Vinyl Mini Blinds 15 %
Floor Tile 10 %
Flooring Tools 15 %
Floor Prep & Adhesive 15 %
1.15 Category
15 Hospitality 5 %
Hospitality - Banquet Furniture 5 %
Hospitality - Shower Curtains & Liners 5 %
Hospitality - Guest Room Case Goods & Furniture 5 %
Hospitality - Food & Beverage Equipment & Supplies 10 % Hospitality - Guest Room Coffee Makers & Coffee 5 %
Hospitality - Guest Room Appliances 5 %
Hospitality - Personal Care Amenities 5 %
Hospitality - Telephones & Accessories 5 %
Hospitality - Guest Room Supplies 10 %
Hospitality - Beds & Frames 5 %
Hospitality - Office Supplies & Equipment 10 %
Hospitality - Housekeeping Carts & Accessories 10 %
Hospitality - Fitness Equipment 5 %
Hospitality - Extended Stay/Timeshare Supp & Equipment 5 % Hospitality - Bellman's Carts & Accessories 5 %
Hospitality - Logo Amenities 5 %
Hospitality - Business Forms 15 %
Hospitality - Guest Room Printed Supplies 10 %
Hospitality - Baby Cribs & Sheets 5 %
Hospitality - Bathroom Hardware (Hospitality) 5 %
Hospitality - Restaurant Equipment & Supplies 5 %
Hospitality - Crowd Management 5 %
Hospitality - ADA Communications 5 %
Hospitality - Artwork, Frames & Mirrors 5 %
Hospitality - Room Decor 5 %
Hospitality - Laundry Carts & Accessories 10 %
Hospitality - Guest Kitchen Appliances 5 %
Hospitality - Safety & Signage 5 %
1.16 Category
16 Water/Wastewater Treatment 5 %
Water Supply & Fittings 15 %
Pipe & Pipe Fittings 5 %
Water Filtration 5 %
1.17 Category Miscellaneous 5 %
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17 Ability One - Floor Care 5 %
Ability One - Cleaning Supplies 10 %
Ability One - Brooms & Brushes 5 %
Ability One - Safety & Sundries 5 %
Ability One - Paper Products 5 %
Ability One - Paint & Tape 5 %
Electrical - Carbon Monoxide Alarms 15 %
Electrical - Smoke Alarms & Fire Safety 15 %
Electrical - Fire Extinguishers & Cabinets 5 %
Electrical - Wiring Devices - GFCIs 15 %
Electrical - Wall Plates 15 %
Electrical - Wiring Devices - Receptacles 15 %
Electrical - Wiring Devices 15 %
Electrical - Power Cords & Connectors 15 %
Electrical - Two-Way Communications 5 %
Electrical - Door Chimes & Intercoms 15 %
Electrical - Wiring Supplies 10 %
Electrical - Circuit Breakers & Fuses 10 %
Electrical - Building Wire 10 %
Electrical - Electrical Tools & Meters 10 %
Electrical - Security & Surveillance 10 %
Electrical - Conduit & Weatherproof/Electrical Boxes 15 % Electrical - Lighting Controls 15 %
Electrical - Telephone & Video Repair 15 %
Electrical - Surge Protection 15 %
Electrical - Time Switches 15 %
Electrical - Audio/Video Equipment 5 %
Electrical - Plug & Connectors 15 %
Electrical - Audio/Video Accessories 10 %
Electrical - Clearance - Electrical 0 %
Electrical - Cameras 5 %
Grounds - Benches & Picnic Tables 5 %
Grounds - Petwaste Stations & Accessories 10 %
Grounds - Flags 5 %
Grounds - Bike Racks 5 %
Grounds - Barbecues 5 %
Grounds - Playgrounds 5 %
Healthcare - Patient Care 10 %
Healthcare - Bathing & Toileting 5 %
Healthcare - Bathing Units/Supplies & Repair 5 %
Healthcare - Shelving & Storage 5 %
Healthcare - Resident Room Furniture 5 %
Healthcare - Nurse Call & Audio/Video Equipment 5 %
Healthcare - Bed Repair Parts 10 %
Healthcare - Incontinent Care 5 %
Healthcare - Wheelchair Repair Parts 15 %
Healthcare - Wheelchair Cushions & Accessories 5 %
Healthcare - Biohazard Containment 10 %
52 SERIAL 16154-RFP
Healthcare - Therapy & Fitness 5 %
Healthcare - Privacy Curtains & Hardware 10 %
Healthcare - Carts & Receptacles 5 %
Healthcare - Lift Repair 5 %
Healthcare - Mattresses 5 %
Healthcare - Wheelchairs & Walkers 5 %
Healthcare - Beds & Accessories 5 %
Healthcare - Respiratory Aid 10 %
Healthcare - Lifts & Slings 5 %
Healthcare - Mobility Aids & Repair Parts 5 %
Healthcare - Bed & Bath Linen 5 %
Healthcare - Resident Monitoring / Fall Prevention 5 %
Healthcare - Hampers and Accessories 5 %
Healthcare - Scales 5 %
Healthcare - Aids to Daily Living 5 %
Healthcare - Diagnostic 5 %
Healthcare - Exam Gloves 10 %
Healthcare - Recliners and Accessories 5 %
Healthcare - Wheelchair Ramps 5 %
Healthcare - Healthcare Office 5 %
Healthcare - Defibrillators 5 %
Lamps & Ballasts - Fluorescent Tubes 20 %
Lamps & Ballasts - Pin Based Compact Fluorescents 20 %
Lamps & Ballasts - Batteries & Flashlights 20 %
Lamps & Ballasts - Fluorescent Lamp Adapters 20 %
Lamps & Ballasts - Ballasts & Starters 10 %
Lamps & Ballasts - LED Lamps 5 %
Lamps & Ballasts - A-Lamps 10 %
Lamps & Ballasts - H.I.D. Lamps 10 %
Lamps & Ballasts - Decorative Lamps 10 %
Lamps & Ballasts - PAR Lamps 10 %
Lamps & Ballasts - Reflector Lamps 10 %
Lamps & Ballasts - Halogen Lamps 10 %
Lamps & Ballasts - Special Application Lamps 10 %
Lamps & Ballasts - Clearance - Lamps & Ballast 5 %
Lighting Fixtures - Indoor LED Fixtures 15 %
Lighting Fixtures - Outdoor LED Fixtures 10 %
Lighting Fixtures - Indoor Incandescent Ceiling Fixtures 20 % Lighting Fixtures - Emergency Lighting Fixtures 10 %
Lighting Fixtures - Ceiling Fans 15 %
Lighting Fixtures - Light Fixture Glass 10 %
Lighting Fixtures - Linear Fluorescent Fixtures 10 %
Lighting Fixtures - Bathroom Fixtures 10 %
Lighting Fixtures - Indoor Fluorescent Ceiling Fixtures 15 % Lighting Fixtures - Outdoor Fluorescent Fixtures 10 %
Lighting Fixtures - Security Lighting 10 %
Lighting Fixtures - Outdoor Incandescent Fixtures 10 %
Lighting Fixtures - Light Fixture Repair 10 %
Lighting Fixtures - Indoor Wall Fixtures 10 %
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Lighting Fixtures - Lamp Shades 10 %
Lighting Fixtures - Chandeliers & Pendants 10 %
Lighting Fixtures - Recessed & Track Lighting 5 %
Lighting Fixtures - Hospitality Portable Fixtures 10 %
Property Marketing - Banners 5 %
Property Marketing - Marketing Flags 5 %
Property Marketing - Gifts 5 %
Property Marketing - Apparel 5 %
Property Marketing - Yard Signs 5 %
Property Marketing - Key Tags 5 %
Property Marketing - A-Frame Signs 5 %
Property Marketing - Drinkware 5 %
Property Marketing - Balloons 5 %
Property Marketing - Events 5 %
Property Marketing - Indoor Banners 5 %
Raw Materials - Hardware 0 %
Raw Materials - Raw Materials 5 %
Raw Materials - Screening 5 %
Office Solutions - Storage 10 %
Office Solutions - Forms 5 %
Office Solutions - Parking Permits 5 %
Office Solutions - Paper 5 %
Office Solutions - Violations 5 %
Office Solutions - Ink/Toner 5 %
Office Solutions - Message Boards 5 %
Office Solutions - Presentation 5 %
Office Solutions - Desktop 5 %
Office Solutions - Filing 5 %
Office Solutions - Mailroom/Shipping 5 %
Office Solutions - Technology 5 %
Office Solutions - Low Tech 5 %
Office Solutions - Stationery 5 %
Office Solutions - Writing 5 %
Office Solutions - Planning/Organization 5 %
Office Solutions - Labels 5 %
Office Solutions - Note Pads 5 %
Office Solutions - Greeting Cards 5 %
Office Solutions - Binders 5 %
Office Solutions - Pool Permits 5 %
Safety Products - Hand Protection 20 %
Safety Products - Safety Apparel 10 %
Safety Products - First Aid 10 %
Safety Products - Respiratory Protection 15 %
Safety Products - Eye Protection 15 %
Safety Products - Spill Control & Containment 10 %
Safety Products - Lockout Tagout 10 %
Safety Products - Hearing Protection 15 %
Safety Products - Safety Training Materials 10 %
Safety Products - Fall Protection 5 %
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Safety Products - Traffic Safety 5 %
Safety Products - Safety Storage 10 %
Signage - Traffic Signs 5 %
Signage - Interior Signs 5 %
Signage - Specialty Signs 5 %
Signage - Exterior Signs 5 %
Signage - Sign Post 5 %
Signage - Safety Signs 5 %
Textiles - Mattress Pads Covers Toppers 5 %
Textiles - Towels 5 %
Textiles - Sheets 5 %
Textiles - Pillows And Protectors 5 %
Textiles - Blankets 5 %
Textiles - Top Of Bed 5 %
Textiles - Table Line 5 %
Textiles - Robes And Slippers 5 %
1.18 Category
18 In Store Services 0 %
Fab - Kitchen Cabinets 0 %
Fab - Countertops 0 %
Mirror/Glass Fabrication 0 %
Fab - 5/8"TF Cabinet Doors & Fronts 0 %
Fab - Cabinet Drawer Boxes 0 %
Fab - Cabinet Doors & Fronts 0 %
Bypass Doors Fabrication 0 %
Screening Fabrication 0 %
Fab-Interior Slab Bypass Doors 0 %
1.2 Do you offer a Rebate in lieu of a discount Y* (Y/N) “Rebate is offered in addition to a discount”
If annualized net purchases
are…
...the rebate paid on net
purchases will be…
over…
but not
over…
will be…
of the
amount
over…
$500,000 $999,999 1.00% $0
$1,000,000 $1,999,999 1.50% $0
$2,000,000 NA 2.00% $0
The rebate will be calculated at the Agency level based on its properties or facilities within its account hierarchy in HD Supply’s database. At HD Supply’s discretion, rebates will only be available to purchasers and will not include group purchasing organizations or similar entities.
The rebate percentages apply only to net purchases above the noted thresholds. Net purchases are defined as invoiced product purchases less returns, other discounted items, and invoices that are 90+ days beyond terms from all customer properties. The rebate is paid annually based on HD Supply’s fiscal calendar, which typically begins in February. Rebate payments are accompanied by a detailed report showing the purchases by property and region established in our database. Any invoices that are 90+ days beyond terms at the time of incentive calculation and payment may be excluded from incentive payments or discounts. 55 SERIAL 16154-RFP
EXHIBIT B
SCOPE OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entities under agreement with the County may have access to services provided hereunder.
The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR, OPERATING SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Services (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of related products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the following (non-inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and 56 SERIAL 16154-RFP
doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, gearbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Wholesale and/or Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 As part of your Proposal response, detail your firm’s program in offering services including:
2.2.6.2 Providing and managing qualified contractors
2.2.6.3 Budget management in keeping projects on budget
2.2.6.4 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
57 SERIAL 16154-RFP
2.2.7 Service Providers (Labor):
2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
2.2.7.4.1 National Employee Database
2.2.7.4.2 SSN Verification
2.2.7.4.3 National Criminal Database Check
2.2.7.4.4 Two County Search
2.2.7.4.5 Sex Offender Search
2.2.7.4.6 Annual Review (National Criminal Database)
2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal
2.2.7.4.8 Financial Background
2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non-inclusive, description of the category. These are standard use in the residential, commercial, and industrial environments. Your firm may not have the ability to provide all categories.
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timber), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), threaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary supplies, tools, and components.
58 SERIAL 16154-RFP
2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, strippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, motor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaners, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; blinds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
59 SERIAL 16154-RFP
2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection systems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: shelving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special orders, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractors complete product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
Internet
Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Wholesale:
Pricing shall be a fixed percentage (%) off catalog pricing by Product Category (Section
2.3 above) and a rebate on gross sales (see Exhibit A). Catalog price updates will be allowed once per year.
2.5.1 Discounts by product subcategory are set forth in Exhibit A - Pricing. Percentages are applied to the then-current list price. All customers will be guaranteed our published list price, minus the category discount in Exhibit A - Pricing; however, certain products requiring special processing, such as design services, may be subject to tiered pricing based on volume.
2.5.2 List price on all stocked items shall remain fixed from approximately March to March of each year. Stocked items are all items in the catalog or on the website as “next day delivery” (excluding refrigerant products and other mutually agreed upon items). New pricing for each year will be published during March of each year.
2.5.3 List price on all non-stocked items, which are items not identified in the catalog or on the website as “next day delivery”, may be adjusted at any time without notice. 60 SERIAL 16154-RFP
The discount percentages will remain fixed for the duration of the Contract and will be applied to the list price in effect at the time of sale.
2.5.4 Discount percentages will not apply to Special Orders, Promotional Items, Renovations, Installations or Contract Priced Items. The list price may be accessed by logging in to https://hdsupplysolutions.com/ or through the Easy Order App.
Due to the uncertain impact of tariffs referenced in https://ustr.gov, pricing of stocked items may be adjusted from time to time. Any changes will be provided to County for review and approval not less than ten (10) business days prior to implementation. Any changes rejected by County in writing prior to implementation shall not be implemented, and Contractor shall have the option to make such stocked items unavailable. Failure to reject any changes prior to implementation as provide above shall be deemed express approval by County of such changes.
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, the capability exists to access an on-line catalog reflecting contract pricing of all products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.8 SALES REPORTING:
Describe your firm’s ability to provide detailed management reporting by Participating Public Agency. Identify the level(s) (Agency, Division, Department, Individual) of reporting detail available in the following categories:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Destination, Freight Prepaid and Included.
Any handling fees shall also be included in the pricing.
2.10.2 Should a Participating Public Agency determine that rush shipping or other alternate shipping is required, it shall notify the Contractor. The Contractor shall determine any additional costs associated with such delivery terms and communicate that cost to the Participating Public Agency.
61 SERIAL 16154-RFP
2.10.3 The Proposer shall retain control for carrier selection and payment of freight charges of all goods until received by the requesting Participating Public Agency and the contract coverage completed. The Proposer shall also file all claims for visible or concealed damage. The Participating Public Agency will notify the Proposer of any damaged goods and shall assist the Proposer in arranging for inspection of the goods.
2.10.4 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.5 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.6 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.6.1 Contract Serial number
2.10.6.2 Contractor’s name and address
2.10.6.3 Participating Public Agency’s name and address
2.10.6.4 Participating Public Agency’s purchase order number
2.10.6.5 A description of product(s) shipped, including item number(s), quantity(ies), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition.
3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Solution. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed candidates with equivalent experience with the Solution. County reserves the right to assist in the selection of the replacement candidate. Under no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 Contractor shall not reassign any provided personnel without the express consent of the County.
3.5.3 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations. 62 SERIAL 16154-RFP
3.5.4 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 TRAINING:
The Contractor shall provide a minimum of TBD (hours or days) to completely train County personnel in the use and care of the equipment. All training is to take place on-site at Maricopa County.
3.7 WARRANTY:
3.7.1 All items furnished under this Contract shall conform to the requirements of this Contract.
3.7.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon prompt acceptance by County.
3.7.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply.
3.7.2.2 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship which becomes or is found to be defective during the term of this warranty.
3.7.2.3 Notwithstanding the foregoing, with respect to materials provided hereunder, Contractor is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this as-is limitation, Contractor shall pass through to County any transferrable manufacturer’s standard warranties with respect to goods purchased hereunder. COUNTY AND
PERSONS CLAIMING THROUGH COUNTY SHALL SEEK RECOURSE
EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY
DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE
EXCLUSIVE RECOURSE OF COUNTY AND PERSONS CLAIMING
THROUGH COUNTY FOR DEFECTIVE GOODS, WHETHER THE CLAIM
OF COUNTY OR THE PERSON CLAIMING THROUGH COUNTY SHALL
SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO
STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS THESE
TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS.
CONTRACTOR EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. CONTRACTOR ASSUMES NO
RESPONSIBILITY WHATSOEVER FOR CONTRACTOR’S
INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY
COUNTY, AND COUNTY’S ACCEPTANCE AND USE OF GOODS
SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL
BY COUNTY OR BY COUNTY’S RELIANCE ON ARCHITECTS,
ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON
CONTRACTOR’S INTERPRETATION, TO THE EXTENT NOT
PROHIBITED BY APPLICABLE LAW. IN NO EVENT, WHETHER IN
CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE
OR BREACH OF THESE TERMS, SHALL CONTRACTOR BE LIABLE
FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL,
COINCIDENTAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE,
LOST PROFITS, ATTORNEY’S FEES OR DELAYED DAMAGES, EVEN IF
SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY
63 SERIAL 16154-RFP
CONTRACTOR’S BREACH OF THIS AGREEMENT, (b) ANY CLAIM
THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c)
ANY AMOUNT EXCEEDING THE AMOUNT PAID TO CONTRACTOR
FOR GOODS FURNISHED TO COUNTY WHICH ARE THE SUBJECT OF
SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE
YEAR OF ACCRUAL OF A CAUSE ACTION.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 64 SERIAL 16154-RFP
16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within four (4) hours of receipt of a service request.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond onsite within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not authorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. 65 SERIAL 16154-RFP
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re-key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
5.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.
6.0 SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
7.0 INVOICES AND PAYMENTS:
Invoices are required to contain the following information and should be e-mailed to FMD[email protected] If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information 66 SERIAL 16154-RFP
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD.
67 SERIAL 16154-RFP
16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day.
2.4 Contractors shall respond to EMERGENCY requests immediately and report on-site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00 (one per work order) are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
4.0 DEAD END CHARGE:
If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602-506-3310). The 68 SERIAL 16154-RFP
Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor failed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County reserves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The County will inspect vendor facilities prior to award and reserves the right to make award based on the condition and quality of vendor facilities and equipment.
5.7 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.8 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles. The letters shall be of such size that they are distinguishable from a reasonable distance.
5.9 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
• Shirt/blouse
• Vest
• Cap
69 SERIAL 16154-RFP
5.10 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.11 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. Keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn-in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case-by-case basis. Should an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty-four (24) hours if any keys, badges, or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this Contract is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re-keying the ENTIRE building at the expense of the Contractor.
7.0 SALVAGE:
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On-site storage of Contractor’s salvaged materials is not permitted.
8.0 DELIVERY:
8.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7th) calendar day after order is received.
8.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
8.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor. 70 SERIAL 16154-RFP
8.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
9.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
9.1 Payment terms shall be calculated based on the date of a properly completed invoice.
9.2 Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
9.3 Invoices should contain all of the following information at a minimum:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied • Payment Terms as stated in the Contract
9.4 Questions regarding billing or invoicing shall be directed to the email address below.
9.5 Invoices shall be e-mailed to: [email protected]
9.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
71 SERIAL 16154-RFP
9.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors).
9.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
72 SERIAL 16154-RFP
HD SUPPLY FACILITIES MAINTENANCE LTD., PO BOX 509058, SAN DIEGO, CA 92150-9058 PRICING SHEET: NIGP CODE 45041
Terms: 2% 10 DAY NET 30 DAYS
Vendor Number: VC0000004973
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026. 73 2.52.328 Cooperative Procurement Justification
Section 2.52.328 of the City of Richmond’s Procurement code specifically allows the awarding of contracts without following normal bidding procedures when the services are acquired from, or in cooperation with, another government agency that has acquired the services through competitive bidding.
A piggyback purchase with HD Supply Facilities Maintenance is in RHA’s best interest for the following reasons:
• Facilities maintenance, lighting products, industrial supplies and tools were competitively solicited.
• It is very time consuming and costly to issue a competitive solicitation for Maintenance and hardware supplies.
• The City will not prepare a contract because there are no services required. All products will be purchased with a credit card/purchase order.
74 July 2, 2024
DocID #22072v1
City Attorney's Office
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement
FINANCIAL IMPACT: This agreement is charged to the Risk Management General Liability Fund (50182316-400554).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
A legal services agreement with Neumiller & Beardslee is needed to ensure that the City has appropriate legal
representation and counsel in future and pending
employment litigation matters.
RECOMMENDED ACTION: APPROVE a legal services agreement with Neumiller & Beardslee, to provide legal advice and representation for employment matters in an amount not to exceed
$200,000, for a term beginning June 17, 2024, to June
30, 2027 – City Attorney’s Office (Kimberly Chin 510-620- 6709/Shannon Moore 510-620-6505).
DISCUSSION:
The City Attorney’s Office is requesting a legal services agreement with Neumiller & Beardslee (NM) to provide legal advice and representation for employment matters. NM is a seasoned law firm that has experience in municipal law and employment law, and has represented government agencies of all types. Attorney Lisa Blanco Jimenez, a AGENDA
REPORT
75 July 2, 2024
DocID #22072v1
shareholder and principal attorney at NM, is an experienced employment attorney, who has represented clients from initial intake through trial in State and Federal courts and before administrative boards. Ms. Jimenez has the experience and expertise necessary to represent and advise the City in employment matters; therefore, the City intends to retain Ms. Jimenez for future and pending employment cases, as well as to provide employment advice and counsel.
The rates for NM are:
Position or Title Hourly Rates
Partner(s) $300
Associate(s) $250
Paralegal(s) $125
The City Attorney’s Office is requesting that the City enter into a contract with Neumiller & Beardslee, for a total contract amount of $200,000, for a contract term from June 14, 2024, to June 30, 2027. The effective date of June 14, 2024 is required because of pending litigation which required NM immediate legal services.
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Neumiller & Beardslee (proposed) 76 1
DocID #21700v1
LEGAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF RICHMOND
AND
NEUMILLER & BEARDSLEE
PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 14th of JUNE, 2024 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and NEUMILLER & BEARDSLEE comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 3121 W. March Lane, Suite 100, Stockton, CA 95219. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The following recitals are as follows:
A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.
AGREEMENT PROVISIONS
The Parties agree as follows:
1. RETENTION OF FIRM.
A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.
B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.
C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from 77 2
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time to time under the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See “Scope of Work” in Exhibit A].
3. TERM OF AGREEMENT.
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2027, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
4. ASSIGNMENT OF DUTIES.
It is contemplated that no other attorney will be assigned from Special Counsel other than LISA BLANCO JIMENEZ. It is agreed by and between the Parties that should it be desirable for any attorney other than LISA BLANCO JIMENEZ to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.
5. PUBLIC FUNDING.
Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.
6. PAYMENT FOR SERVICE.
In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.
Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.
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7. BILLING INVOICES.
Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].
8. PROJECT PLAN AND BUDGET AND RESERVES.
Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.
9. LITIGATION GUIDELINES.
When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.
10. BILLING.
Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.
11. STATUS REPORTS.
Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please 79 4
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keep the status reports brief and spend no more than one (1) hour billing for your time.
Please also attach any referenced filings to your status report.
12. TERMINATION.
Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.
13. CONFLICTS OF INTEREST.
A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.
14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.
City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.
15. AUDITS, RECORDS, AND DOCUMENTATION.
A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in 80 5
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responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.
B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.
Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.
16. NON-DISCRIMINATION.
A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Said Section 2.28.030 is, by this reference, a part of this Agreement.
B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
17. HOLD HARMLESS/INDEMNIFICATION.
Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).
18. INSURANCE REQUIREMENTS.
Special Counsel shall maintain in full force and effect the following insurance policies:
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A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.
19. CONFIDENTIALITY AND MEDIA STATEMENTS.
The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.
20. AMENDMENTS.
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.
21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.
Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.
22. NOTICES.
All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement. 82 7
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Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
23. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.
24. INVALID PROVISIONS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.
25. LICENSE REQUIREMENTS.
Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.
Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
NEUMILLER & BEARDSLEE
By:_______________________________
Title:_____________________________
CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
84 Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall represent and defend the City of Richmond, and its officers, agents, and former or current employees in pending and future employment-related litigation and provide employment advice and counsel.
City of Richmond Contact Attorney: Shannon L. Moore, Chief Assistant City Attorney & Kimberly Y. Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates
PARTNER(S) $300/hour
ASSOCIATE(S) $250/hour
PARALEGAL(S) $125/hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Thousand Dollars ($200,000) for attorneys’ fees and reimbursements. 85 Exhibit B
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BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.
These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.
Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.
I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 86 Exhibit B
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II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.
When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
87 Exhibit B
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j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.
III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
Actual printing costs;
Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
Actual cost of postage (including express mail delivery charges); Facsimile charges at the rate of $0.25 per page;
Actual cost of long distance telephone calls;
Transcription and reporter's fees; and
Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
88 Exhibit B
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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 89 Exhibit C
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PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
Anticipated total costs;
The primary issues;
The probability of success; and
A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
Pre-commencement (legal and factual research for the complaint or answer); Pleadings;
Preliminary motions;
Initial discovery;
Factual investigation of merits (interviewing clients, employees and third parties);
Review and abstract City's documents;
Expert (non-medical) investigation and reports;
Medical experts and examinations;
Legal research on merits;
More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
Settlement negotiations;
Trial preparation; and
Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
90 Exhibit C
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h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 91 Exhibit D
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California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.
The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.
In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 92 Exhibit D
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5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.
This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 93 Exhibit E
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LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.
Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
94 Exhibit F
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SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of NEUMILLER & BEARDSLEE (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.
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)
95 Exhibit G
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City of Richmond - Insurance Requirements - Type 2:
Professional Services
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
96 Exhibit G
21 DocID #21700v1
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.
97 Exhibit G
22 DocID #21700v1
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
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.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
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. 98 Exhibit G
23 DocID #21700v1
City of Richmond - Insurance Requirements - Type 2:
Professional Services
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 claimsmade 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 Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable. 99
July 2, 2024
City Attorney's Office
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Second Amendment to the Legal Services Agreement with Goldfarb & Lipman LLP for land use matters, including
Denham II litigation.
FINANCIAL IMPACT: This amendment will be for $150,000, with a total amount not to exceed $525,000 and term ending June 30, 2025.
It will be paid from the Risk Management General
Liability Fund GL-50182316-400554.
PREVIOUS COUNCIL
ACTION:
June 22, 2021 $300,000
June 27, 2023 $75,000
STATEMENT OF THE
ISSUE:
The City Attorney requires approval of a second
amendment to the agreement with Goldfarb & Lipman
LLP to ensure appropriate legal representation and
advice on land use matters, including Denham II
litigation, as wells as CEQA and SB 330 claims as
directed by the City Attorney.
RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Goldfarb & Lipman LLP, and increase the
compensation by $150,000 for an amount not to exceed
$525,000 – City Attorney’s Office (Dave Aleshire 510-
620-6509/Shannon Moore 510-620-6505).
AGENDA
REPORT
100
July 2, 2024
DISCUSSION:
To ensure the City of Richmond (COR) continues to receive specialized advice and appropriate legal representation in land use litigation, including CEQA litigation and SB 330 claims, the City Attorney’s Office is requesting an amendment to the legal services agreement with Goldfarb & Lipman LLP (G&F).
G&F has been providing advice and representing the COR in land use litigation since June of 2021. The law firm has the experience and expertise necessary to continue to advise and represent the COR in pending and future land use litigation.
Specifically, G&F has extensive experience in writ challenges to government actions and litigation in the areas of eminent domain, land use (including the Housing Accountability Act), housing elements, fair housing, public records, inclusionary ordinances, CEQA, inverse condemnation, and redevelopment agency challenges, and it frequently advises and counsels public agencies before litigation.
In addition to providing COR with advice and counsel relating to land use, G&F is currently representing the City in Denham, LLC, et al. v. City of Richmond, et al., Contra Costa County Case No. MSN21-0849 (“Denham II”). While the court has denied the Petitioners/Plaintiffs’ writ of mandate, there are still non-writ causes of action that remain subject to litigation and for which COR requires the legal services of G&F. As such, additional funds are needed so that G&F can continue its representation of the COR.
The City Attorney’s Office requests approval of this second amendment to the legal services agreement with Goldfarb & Lipman LLP to increase the compensation in an amount not to exceed $150,000, for a total contract amount of $525,000 for a contract term of June 1, 2021 to June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Second Amendment to the agreement with Goldfarb & Lipman LLP (proposed)
Attachment 2 – First Amendment to agreement with Goldfarb & Lipman LLP Attachment 3 – Original agreement with Goldfarb & Lipman LLP 101
Second Amendment to Goldfarb & Lipman LSA—Denham II
DocID #18706v2
A-1
SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
GOLDFARB & LIPMAN, LLP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and GOLDFARB & LIPMAN, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of July 2, 2024, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement ("Original Agreement") for representation of the City and City-related entities on June 1, 2021 for an amount not to exceed $300,000 and term ending June 30, 2023; and
WHEREAS, the City and Special Counsel entered into a First Amendment to the Original Agreement to extend the term to June 30, 2025 and to increase the compensation by $75,000, on July 1, 2023; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by One Hundred-Fifty Thousand Dollars ($150,000.00); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.
2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by One Hundred-Fifty Thousand Dollars ($150,000.00).
3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
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A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.
CITY OF RICHMOND GOLDFARB & LIPMAN, LLP
________________________ By __________________________
Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
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DocID #18706v2
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to land use litigation and CEQA and SB 330 claims as directed by the City Attorney
City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney Schedule of Fees & Charges:
Hourly Rates
BARBARA KAUTZ $390/hour
CELIA W. LEE $390/hour
DOLORES B. DALTON $390/hour
RYE P. MURPHY $345/hour
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of five hundred twenty-five thousand dollars ($525,000) for attorneys’ fees and reimbursements.
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129
July 2, 2024
City Attorney's Office
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: David Aleshire, City Attorney
Subject: Nepotism in City Boards, Commissions, Committees and Task Forces
FINANCIAL IMPACT: No financial impact at this time.
PREVIOUS COUNCIL
ACTION:
April 2, 2024
STATEMENT OF THE
ISSUE:
Without such nepotism prevention, individual Council
Members or City Executives may obtain undue influence
over the City’s boards, commissions, committees, and
task forces.
This Ordinance will Prevent Nepotism During the
Appointment Process for Richmond Boards,
Commissions, Committees, and Task Forces, and Limit
Individual Participation to One such City body at a time.
RECOMMENDED ACTION: INTRODUCE an ordinance (first reading) preventing the appointment of immediate family members of City
Councilmembers, the City Manager, or City Department
Heads, from serving on Richmond boards, commissions,
committees, and task forces, and limiting an individual’s participation to one such City body at a time – City
Attorney’s Office (Dave Aleshire 510-620-6509).
AGENDA
REPORT
130
July 2, 2024
PREVIOUS COUNCIL MEETINGS:
On April 2, 2024: City Council provided direction to the City Attorney to prepare an Ordinance for review by the Council.
DISCUSSION:
I. Nepotism in Appointments to Boards, Commission, Committees and Task Forces.
In past administrations City elected officials have appointed family relatives to serve on various Richmond boards, commissions, committees and task forces (together, “bodies”).
This is problematic because the Richmond City Charter seats all nominating authority for appointments to these bodies with the Mayor. The City Council is delegated only approval authority over the Mayor’s nominations. This provides an opportunity for certain Richmond elected officials to exert disproportionate influence over these important appointed bodies that assist in setting essential policy for the City.
The City Attorney’s Office reviewed nepotism ordinances and resolutions of various California cities pertaining to appointments to such city bodies and discussed their findings with the Council on April 2, 2024. Research identified only a handful of cities that to date have acted to prevent nepotism in city bodies, including the cities of Westminster, Santa Monica, Laguna Niguel and Garden Grove. Each of these cities has passed limitations on the appointment of relatives of City Councilmembers to their city’s bodies.
The Council appeared to support the following limitations on appointments to City bodies:
Relatives: The City of Richmond does not currently have a policy limiting the appointment of relatives of seated City Council Members, the City Manager, or City Department Heads to City bodies, although the Council expressed interest in creating such a policy and seemed to support a definition of family member as follows: “Immediate family members, including, spouse, registered domestic partner, parent, sibling, child, in-law, grandparent or grandchild, or any other legally related person living in the same household as a currently seated City Council Member, City Manager, or City Department Head.”
Business Associates: The Council also expressed interest in preventing the appointment of business associates of currently seated City Council Members, the City Manager, or City Department Head to City bodies. The category may be defined as: “Any person who receives income, whether from investments or as compensation from the same entity, whether it be a 131
July 2, 2024
commercial or non-profit entity, as a currently seated City Council Member, City Manager, or City Department Head.”
Under the provisions above, there are currently seated appointees whose appointments would be prohibited by the proposed ordinance. The Council appears to agree that such appointees should be permitted to serve out their current terms as indicated below:
Current Term: The Council also appeared to support the concept that, upon implementation of the new ordinance, a currently seated appointee who would otherwise be excluded from serving on a City body should be permitted to complete their current term, thus allowing: Any person currently serving on a City Board, Commission, Committee or Task Force upon adoption of this ordinance, who would otherwise be disqualified by the terms of this Section 3.14.030, may serve out the remainder of their current term.” II. LIMITING A PERSON’S SERVICE TO ONE CITY BODY AT A TIME The Council appeared to support the policy of limiting service on City bodies to one body at a time to allow for greater and more diverse participation on the City’s bodies. The suggested Ordinance therefor limits “individual participation to a single City body [to allow] for greater and more diverse participation.”
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance (proposed)
132
DocID #22667v1
ORDINANCE NO. __-24 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND
LIMITING SERVICE TO SERVING ON ONLY ONE CITY BODY AT A TIME AND
ESTABLISHING A NEPOTISM POLICY FOR BOARDS, COMMISSIONS,
COMMITTEES AND TASK FORCES
WHEREAS, maximizing public participation in government effectuates fundamental principles of democracy; and
WHEREAS, the residents of Richmond have a strong commitment to participating in their local government; and
WHEREAS, the City of Richmond (“City”) has established numerous boards, commissions, committees, and task forces to facilitate public participation in government and thereby ensure representation of diverse viewpoints and interests; and WHEREAS, limiting individual participation to a single City body allows for greater and more diverse participation; and
WHEREAS, permitting an individual with close familial ties or close business associations with one or more elected City officials to be appointed to a City board, commission, committee, or task force may facilitate the influence or the appearance of influence of the elected City official over the respective member of such board, commission, committee or task force; and WHEREAS, such influence or the appearance of influence should be avoided; and WHEREAS, the City is committed to merit-based hiring and employment system, and nepotism in hiring and employment practices is antithetical to such a merit-based civil service system.
NOW, THEREFORE, the City Council of the City of Richmond does ordain as follows:
SECTION 1. Article III (Boards and Commissions) of the City of Richmond Municipal Code is hereby amended by adding the following:
“Section 3.14. COMMISSIONS GENERALLY
3.14.010 – Commissions Generally
This Chapter is not specific to particular boards and commissions but applies to all City boards and commissions.
3.14.020 – Service on Only One City Body.
A. One Appointment
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DocID #22667v1
A person may be appointed to serve on only one City Board, Commission, Committee, or Task Force at a time.
B. Complete Term
Any person currently serving on a City Board, Commission, Committee or Task Force upon adoption of this ordinance, who would otherwise be disqualified by the terms of this Chapter, may serve out the remainder of their current terms but will thereafter be subject to the restrictions of Section 3.14.020.
3.14.030 Nepotism Restrictions
A. Purpose.
The purpose of this section is to restrict an elected City official appointing a relative or business associate to a City board, commission, committee or task force. This is intended both to include wider participation on City bodies, and limit undue influences or the appearance of influence by the elected City official over the board member, commissioner, or task force member.
B. Relatives.
A relative of a currently seated City Council Member, City Manager, or City Department Head shall not be eligible for appointment to any City board, commission, committee or task force. “Relative” means a spouse, registered domestic partner, parent, sibling, child, in-law, grandparent or grandchild, or any other legally related person living in the same household as a currently seated City Council Member, City Manager, or City Department Head.
C. Business Associates.
A business associate of a currently seated City Council Member, City Manager, or City Department Head shall not be eligible for appointment to any City Board, Commission, Committee or Task Force. “Business Associate” means any person who receives income, whether from investments or as compensation from the same entity, whether it be a commercial or non-profit entity, as a currently seated City Council Member, City Manager, or City Department Head.
D. Current Term.
Any person currently serving on a City Board, Commission, Committee or Task Force upon adoption of this ordinance, who would otherwise be disqualified by the terms of this Section
3.14.030, may serve out the remainder of their current term.” SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase. 134
DocID #22667v1
SECTION 3. This Ordinance becomes effective thirty days after final adoption. *****************************
First introduced at a regular meeting of the City Council of the City of Richmond held on ____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Eduardo Martinez, Mayor
Approved as to form:
____________________________
Dave Aleshire, City Attorney
135
7/2/2024
City Attorney's Office
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
LaShonda White, Deputy City Manager- Community
Services
Ranjana Maharaj, Deputy Director of Community
Services Recreation
Stephanie Ny, Associate Administrative Analyst
Subject: Agreement with Safe Organized Spaces Richmond for Work Related to the Clean California Grant for
Encampment Services
FINANCIAL IMPACT: There is no direct cost to the City’s General Fund. The costs are paid for through the Clean California Local
Grant funds awarded to the City of Richmond from the
State of California Department of Transportation.
$109,546.96 is included in the adopted current fiscal year 2023-24 (10651051-400201-23030).
PREVIOUS COUNCIL
ACTION:
October 18, 2022
STATEMENT OF THE
ISSUE:
An agreement with Safe Organized Spaces Richmond is
necessary to continue work related to the Clean
California Grant to employ unhoused individuals for
illegal dumping mitigation, provide housing support
services for encampment residents, and provide
supportive wellness services for encampment residents.
This work was begun under Rebuilding Together East
Bay as the fiscal sponsor for Safe Organized Spaces
Richmond. Safe Organized Spaces Richmond now has
AGENDA
REPORT
136
7/2/2024
the ability to enter into an agreement with the City
directly.
RECOMMENDED ACTION: APPROVE the agreement with Safe Organized Spaces Richmond to employ unhoused individuals for illegal
dumping mitigation, provide housing support services for encampment residents, and provide supportive wellness
services for encampment residents, in the amount of
$109,546.96, with a term ending December 31, 2024 –
City Attorney’s Office (David Aleshire 510- 620-6509)
DISCUSSION:
On January 31, 2022, City of Richmond staff applied for the Clean California Local Grant Program. On May 17, 2022, the City was notified of the grant award. One of the projects funded by the grant was related to encampments and the unhoused. The City Council approved awarding this project to Rebuilding Together East Bay-North on October 18, 2022.
Rebuilding Together East Bay-North acted as the fiscal sponsor for Safe Organized Spaces Richmond who did not qualify at that time to enter into the agreement but was qualified to do the work. Since then, Safe Organized Spaces Richmond has become a 501(c)(3). A dispute between Safe Organized Spaces Richmond and Rebuilding Together East Bay-North arose and they were no longer able to work together. Although Safe Organized Spaces Richmond was providing some services, the dispute between those two parties hampered the City’s ability to administer the grant. The parties all desire to streamline the process and propose the City enter into an agreement with Safe Organized Spaces Richmond directly. The agreement with Rebuilding Together East Bay-North will be terminated. The City has obtained a grant extension for this work which will allow work to continue until the end of this calendar year to the extent there are funds available.
Under the proposed agreement with Safe Organized Spaces Richmond, they will employ unhoused individuals for illegal dumping mitigation, provide housing support services for encampment residents, and provide supportive wellness services for encampment residents.
137
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DOCUMENTS ATTACHED:
Attachment 1 – Original Contract with Rebuilding Together East Bay-North Attachment 2 – Proposed Agreement with Safe Organized Spaces Richmond 138
DocID #20692v2
CITY OF RICHMOND
STANDARD CONTRACT
Department:
Community Services- Recreation
Project Manager:
Stephanie Ny
Project Manager E-mail:
[email protected]
Project Manager Phone No:
510-620-6563
Vendor No:
15809
Contract No:
Description of Services:
Employ unhoused individuals for illegal dumping mitigation, provide housing support services for encampment residents, and provide supportive wellness services for encampment residents
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, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name: Safe Organized Spaces Richmond
Street Address: 23 Maine Ave #16
City, State, Zip Code: Richmond, CA 94804
Contact Person: Daniel Barth
Telephone: 510-990-2686 Email: [email protected]
Business License No: 40063130
[ ] A California corporation, [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ X ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Term. The effective date of this Contract is April 1, 2023 and terminates December 31, 2024 unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $109,546.96 (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City.
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A: Service Plan which is attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and 139
DocID #20692v2
Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and incorporated herein.
10. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, SAFE ORGANIZED SPACES RICHMOND
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:
Eduardo Martinez
Title: Mayor By:
I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
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
Sanctuary City Compliance Statement Exhibit G
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Contract No: For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
141
EXHIBIT A – SERVICE PLAN
Background
SOS Richmond will advance equity for unhoused residents near the two infrastructure projects through multi-pronged effective interventions that support the whole individual. Encampment residents will be offered immediate training and employment as Local Stewards and will be provided a work history at a living wage, work referrals, preparation to be employed and remain employed in more mainstream jobs.
Local Stewards will help other encampment residents receive sanitation services and basic necessities while also conducting trash clean-ups to ensure living areas are clean, inspire others, and improve quality of life. Additionally, multiple avenues to permanent housing will be made available to all encampment residents. Residents will also have support to identify wellness priorities and access personal wellness resources. SOS will ensure every unhoused individual will be met where they are regarding their needs and goals.
Contract amount: $109,546.96 across all projects/tasks. Task amounts may change with City of Richmond approved based on need:
● SOS Richmond: Employment of Unhoused for Illegal Dumping Mitigation ● SOS Richmond: Housing Support Services for Encampment Residents ● SOS Richmond: Supportive Wellness Services for Encampment Residents General Scope of Service Applicable to All Programs:
● Tag City of Richmond Community Services Department Facebook and Instagram handles (@richmondcsd) on any Facebook or Instagram content created related to the contract. ● Recognize the Clean California Local Grant Program and the partnership with City of Richmond in all content related to the contract.
● Meet with City of Richmond staff as requested for the duration of the contract. ● Meet Clean California Local Grant Program project outcomes as specified in the attachment incorporated herein by this reference.
● Submit quarterly invoices, quarterly progress reports, and a project close out report in compliance with Clean California Local Grant Program Restricted Grant Agreement, attached hereto and incorporated herein by this reference.
● Comply with all applicable requirements of the Clean California Local Grant Program Restricted Grant Agreement, attached hereto and incorporated herein by this reference. 142
PROGRAM #1 SERVICE PLAN
SOS Richmond: Employment of Unhoused for Illegal Dumping Mitigation Scope of Services
● Services to take place within a 0.5 mile radius of two Clean California infrastructure project areas (Project Area):
o Boorman Park
o 7
th Street
● Identify prospective employees
o All encampment residents to be offered opportunities for employment as Local Stewards
● Recruit and provide coaching and support document preparation for employee status as Local Stewards
● Hire and train six (6) or more new employees from the Project Area ● Help encampment dwellers dispose of trash and clean-up Project Area through two types of services:
o Route service clean-ups: route that is set up and cleaned up at least 2 days each week o On-call abatement clean-ups: large-scale abatements that require trucks and machinery, in partnership with City of Richmond, Republic Services, other City of Richmond contractors, or Contra Costa County as requested by City of Richmond staff. ● Services and outcomes will be differentiated from other existing contracts with the City of Richmond by:
o Setting up a separate dumpster account with Republic Services to track trash receipts o Adding addresses, dates, and time stamps to payroll activity records Expenditures
ADMINISTRATION/PERSONNEL $55,568.96
Executive Director $2,583.94
Program Director $3,766.02
Field Operations Manager $5,100.00
Mobile Team Leader $5,617.97
Employee Advocate $6,250.00
6 Encampment Residents as Employees $32,269.03
EQUIPMENT $2,000.00
Debris Transfer Fees $2,000.00
TOTAL: $57,586.96
Timeline
Services will take place at least 2 days a week from April 1, 2023 – December 31, 2024. 143
Deliverables
● Invoice workbook, which includes submission of payment records, photos, narrative report, and outcomes table
● Trash receipts showing work completed 2x/week and on-call services provided ● Proof that sites have been serviced in preparation for construction activities, including before, during, and after photos, or correspondence with City staff confirming services.
Maintenance Plan
Unhoused residents hired by SOS Richmond are hired as permanent employees. They and their workforce teammates will continue to maintain the Project Area, funded from other sources, after the conclusion of grant activities.
PROGRAM #2 SERVICE PLAN
SOS! Richmond: Housing Support Services for Encampment Residents:
Scope of Services
● Target area to engage residents for services to take within a 0.5 mile radius of two Clean California infrastructure project areas (Project Area):
o Boorman Park
o 7
th Street
● Refer all unhoused and encampment residents to Contra Costa County Coordinated Outreach Referral Engagement (CORE) as a first step to providing other services ● Offer all encampment residents opportunities for assistance in searching for and securing alternative housing.
● Support the establishment of housing goal plans by engagement, shuttle services to SOS Warm Hand Wellness Center resources, workforce clinics, work experience through the SOS 90 day job readiness program, and referral to community-based and public agency service providers. ● Seek interim shelter, emergency housing, and/or permanent housing resources ● Provide supportive services to establish housing including housing navigation support, moving their belongings from encampments and interim housing to permanent housing ● Provide engagement and care management support during the contract term to individual in their housing to ensure their housing sustainability and supporting their access to basic needs such as furniture, food, laundry, transportation, and work experience for job readiness. 144
Expenditures
ADMINISTRATION/PERSONNEL $30,570.00
Executive Director $4,760.00
Program Director $4,060.00
Field Operations Manager $3,500.00
Housing Support Staff $18,250.00
TOTAL: $30,570.00
Timeline
Services will be completed April 1, 2023 – December 31, 2024.
Deliverables
● Invoice workbook, which includes submission of payment records, photos, narrative report, and outcomes table
● Evidence of referrals to CORE
● Copies of housing goal plans for individuals
● Proof of enrollment into residential housing programs PROGRAM #3 SERVICE PLAN
SOS Richmond: Supportive Wellness Services for Encampment Residents Scope of Services
● Target area to engage residents for services to take within a 0.5 mile radius of two Clean California infrastructure project areas (Project Area):
o Boorman Park
o 7
th Street
● Refer all unhoused and encampment residents to Contra Costa County Coordinated Outreach Referral Engagement (CORE) as a first step to providing other services ● Offer all encampment residents opportunities for improving personal wellness through training courses for helping transition from street life and build daily living skills that support housing sustainability
● Provide “Healthy Choices” and “90 Day Job Readiness” curricula to at least 20 unhoused residents
● Provide supportive services to leverage and access wellness resources for improving physical health, mental health, and making choices about substance abuse. 145
Expenditures
ADMINISTRATION/PERSONNEL $21,390.00
Executive Director $3,570.00
Director of Programs $3,045.00
Field Operations Manager $3,750.00
Wellness Services Manager $11,025.00
TOTAL: $21,390.00
Timeline
Services will be completed April 1, 2023 – December 31, 2024.
Deliverables
● Invoice workbook, which includes submission of payment records, photos, narrative report, and outcomes table
● Evidence of referrals to CORE
● Enrollment list, sign-in sheets, and completion certificates for training courses ● Proof of enrollment into treatment programs
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Mail: SOS Richmond
23 Maine Ave #16
Richmond, CA 94804
Physical: 410 S. 2nd St.
Richmond, CA 94804
(under 580 freeway)
sos-richmond.org Neighbor care line
510.806.8650
1 May 9, 2024
Current Healthy Choices Activities
SOS is currently providing these Healthy Choices curriculum activities as part of the 90 Day Job Readiness Program. More activities will be added as a stand-alone curriculum, and the program’s target participants will extend beyond the job readiness participant cohorts:
1. Mentors share the 3-4 healthy life choices they’ve had to make (or continue to make) to sustain work. Cohort shares the choices they face and need to make.
2. Outing to Miller-Knox Regional Shoreline and conversation about small healthy choices we can regularly make in our lives.
3. Conversation about packing and taking a simple inexpensive and healthy lunch to work (also healthy for the pocketbook)
4. Healthy and inexpensive food choices shopping trip (and CalFresh registration)
5. Healthy food prep - practice preparing both cooked and uncooked foods
6. Revisiting the healthy life choices conversation to go deeper
7. (Warm hand-off to resources in which cohort members express an interest) 90 Day Job Readiness Program
The program will support self-reflection on needed healthy life choices to be successful in work and life. Three months will provide an introductory platform for further job readiness work since a short program cannot deliver full-time job readiness to this population. The audience will be unhoused or recently housed residents who are not yet ready to enter a mainstream workforce program.
The program will provide part-time employment for a cohort of four, mentored by two SOS staff mentors who in turn will be supported by two lead SOS trainers. Cohort members will be recruited based on their motivation and fit for the program. Cohort members will be paid at a rate of $17.20 per hour for their part-time work on the SOS Streets Team, but their class time will not be paid. 147
Mail: SOS Richmond
23 Maine Ave #16
Richmond, CA 94804
Physical: 410 S. 2nd St.
Richmond, CA 94804
(under 580 freeway)
sos-richmond.org Neighbor care line
510.806.8650
2 Most sessions associated with the program, such as resume and cover letter writing, creative writing, personal goal setting, and healthy food and cooking activities, will be open to up to 10 other community participants.
Month 1 - Trust Building + Goals
● Trust building
● Needs assessment + 90-day plan
● Begin part-time SOS work
● Work with team leader/mentors
● Address needed healthy choices
● Financial literacy, Part 1
● Personal visioning and goal setting
Month 2 - Search Skills + Wellness
● Writing basics, Part 1 and 2
● Build resume
● Write cover letter
● Wellness activity & cooking class
● Coaching by mentors
● Reviewing specific job options
Month 3 - Applications + Job Prep
● Orientation job options via CalJobs
● Review plan milestones
● Apply for jobs
● Financial literacy, Part 2
● Interview practice
● Interview & work clothing selection
● Prepare for specific job
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Total
333
46000
0 0
0 0
0 0
2500
0 0
0 0
0 0
0 0
0 0
0 6
4 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Category Output Unit
Litter Abatement
Litter Collected Cubic Yards
Public Space Cleaned Square Feet
Anti‐Littering Signs Number of Signs
Waste Bins Number of Bins
Transit Center
Improvements
Litter Collected Cubic Yards
Beautification of Space Number of Bus Stops Beautified Number of Transit Centers Beautified
Number of Art Installations
Enhance Public
Health
Increased Walking Paths, Bike Paths, Children's
Play Areas
Square Feet
Beautification
Art Installations Number of Installations
Square Footage of Installations
Urban Heat Island Reduction Decrease in Temperature by Degrees Fahrenheit at each Improved Site, Measured at
the Noon Hour
Shade Trees Planted Number Planted
Drought‐Tolerant, Native Plants Number Planted
Number of Temporary Persons Hired
Enhanced Use
Furniture Added Number of Seats Added
Play Equipment Installed Number of Play Equipment Features Installed Public Space Reclaimed for Public Use or
Added for Public Use
Square Feet
Increased Number of Hours per Day Available
Enhanced
Community
Wayfinding Signage Number of Signs Added
Community/Historical Signs and Markers Number of Signs Added Shade Structures (not including shade trees‐
see Beautification category)
Number of Shade Structures
Pavement and
Support
Elements
Enhanced Paving (permeable surface or
pavement alternatives, such as wood chips)
Square Feet
Decreased Pavement Square Feet
Upgraded or Improved Permanent Irrigation Linear Feet Bioretention Swales and other Green Street
Elements
Each
Energy‐Conserving Lighting Installed
Project Outcomes
Organization Name: Safe Organized Spaces Richmond
Architectural Fencing (not chain‐link) Linear Feet
Number of Energy‐Conserving Lights Installed
Renewable Energy Technologies (e.g. solar Each
Installations of Water Fountains Number of Water Fountains Installed Installation or Refurbishment of Bathrooms Number of Toilets Installed or Refurbished Jobs and Volunteer
Positions
Created
New Permanent or Temporary Jobs Created
and Number of Artists Supported by the Prime
Awardee and all Consultants! Contractors to
Implement or Maintain the Project(S)
Number of Artists Supported
Increased Use of Existing Public Space
Number of Permanent Persons Hired
Education
Campaigns # of Campaigns
Reach of the Campaigns
Frequency of the Campaigns
Community Events # of Events
# of Attendees
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EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. 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.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:
City of Richmond Finance/Account Payable
Project Manager:
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, before payments shall be
authorized.
4. 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.
5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 150
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EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 151
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EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employeremployee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 152
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses 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.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. 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 Exhibit B; 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.
10. 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.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 154
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.
Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. 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. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 155
Contract No: For the Contract between the City of
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.
In addition, Contractor will comply with all safety provisions in conformance with U.S.
Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 156
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. 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.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 157
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. 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 Condition 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.
18. 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.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. 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.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is 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 158
Contract No: For the Contract between the City
of Richmond and
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.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. 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 payment 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.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 159
Contract No: For the Contract between the City
of Richmond and
United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 160
Contract No: 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, otherwise please state “NONE”):
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Clean California Local Grant Program
Program Guidelines
Contents
Clean California Local Grant Program Overview ..................................................... 3 Background ............................................................................................................... 3 Budget........................................................................................................................ 3 Goals........................................................................................................................... 3 Schedule .................................................................................................................... 4 Eligibility.......................................................................................................................... 4 Eligible Applicants ..................................................................................................... 4 Eligible Project Types................................................................................................. 4 Example Projects.................................................................................................... 5 Eligible Project Area .................................................................................................. 5 Eligible Activities and Expenses................................................................................ 6 Ineligible Activities and Expenses ............................................................................ 7 Selection Criteria........................................................................................................... 7 Underserved Communities....................................................................................... 8 Other Selection Considerations ............................................................................. 10 Local Match Requirement......................................................................................... 10 Calculating SOD of the Community Surrounding the Project and Local Match Requirement ............................................................................................................ 11 Local Match Sources .............................................................................................. 14 Payment Process......................................................................................................... 14 Advance Payment Process.................................................................................... 15 Conditions............................................................................................................. 16 Additional Conditions.......................................................................................... 16 Advance Payment Requests.............................................................................. 18 Project Application Process....................................................................................... 18 Conflict of Interest ................................................................................................... 19 Scoring Criteria ........................................................................................................ 19 1 162
1. Narrative...................................................................................................... 20
2. Project’s Population Benefit (PB) to Overall Community........................ 22
3. Project’s Relative PB to Underserved Communities................................ 23
4. Demonstrated Community Need............................................................. 23
5. Project’s Outcomes Assessment ............................................................... 24
6. Scope, Cost, and Schedule ...................................................................... 24 Appendix A.0. Example Calculations to Determine Required Local Match for a Appendix A.2. Definition of the Project’s Relative Population Benefit (PB) Appendix A.3. Forms for Calculating Population Benefit (PB) (Overall) and Appendix A.4. Example PB (Overall) and Relative PB (Underserved Communities) Other Attachments.............................................................................................. 24 Project Award Process................................................................................................ 24 Grant Agreement Processing .................................................................................... 25 Grant Project Administrative Requirements............................................................. 25 Sub-contracts .......................................................................................................... 25 Financial Requirements .......................................................................................... 25 Accounting Requirements.................................................................................. 25 Audits and Investigations .................................................................................... 26 Reporting.................................................................................................................. 26 Project Photos.......................................................................................................... 26 Project Amendments .............................................................................................. 27 Program Evaluation .................................................................................................... 27 Fictitious Project........................................................................................................... 28 Appendix A.1. Definition of the Project’s Population Benefit (Overall) ................. 32 (Underserved Communities)...................................................................................... 33 Relative PB (Underserved Community) .................................................................... 34 Calculations Performed for a Fictitious Project........................................................ 42 Appendix B1. Demonstrated Community Need Assessment Form ....................... 49 Appendix B2. Project’s Outcomes Assessment Form .............................................. 55 Appendix B3. Example of Forms B1 and B2 Completed for a Fictitious Project ... 61 2 163
Clean California Local Grant Program Overview
Background
The Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Assembly Bill 149 (Sec.16) created the CCLGP of 2021 and was codified under Streets and Highway Code §91.41 et al. The Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed California Department of Transportation (Caltrans) and its partners. Other parts of the Clean California initiative include litter abatement efforts, state beautification and safety projects, and public education campaigns. Significant investments in time and resources are needed to collect, recycle, and dispose of litter and hazardous waste.
These guidelines describe the policies, criteria, and procedures for the development, adoption, and management of the CCLGP. The guidelines were developed in consultation with representatives from Caltrans and through public workshops that included participation from local government agencies, transit agencies, and tribal governments, among other stakeholders.
Budget
The program is funded by $296 million dollars in fiscal year 2021/22 General Fund money. All projects must be completed and all funds must be expended by June 30, 2024.
Each grant award shall not exceed five million dollars ($5,000,000). There is no minimum award.
Goals
Pursuant to statute, the intent of the CCLGP is to achieve the following goals:
(1) Reduce the amount of waste and debris within public rights -of -way, pathways, parks, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect. (3) Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities.
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Schedule
The following schedule lists the major milestones for the CCLGP. Visit https://cleancalifornia.dot.ca.gov/local-grants for the most up-to-date information, including the forthcoming final dates for application workshops #4 and #5. Also note that no action is needed from applicants at the Call for Projects Announcement. On this day, final program documents will be released for applicants to view.
Grant Program Timeline
Milestone Date
Public Workshop #1 September 1, 2021
Public Workshop #2 October 7, 2021
Application Workshop #3 November 18, 2021
Call for Projects Announcement December 1, 2021
Application Workshop #4 Mid-December 2021
Application Workshop #5 Mid-January 2022
Project Application Deadline February 1, 2022
Project Award Notification March 1, 2022
Date by when projects must be
completed and all funds expended. If
the project involves infrastructure
components, all components must be
opened to the public and all funds
expended by this date.
June 30, 2024
Date by when final invoicing and
project closeout must be complete. December 31, 2024
Eligibility
Eligible Applicants
The applicant must be a local or regional public agency, transit agency, or federally recognized tribal government. Nonprofit organizations may partner with eligible applicants, as sub-applicants.
Eligible Project Types
Eligible projects meet the goals of the CCLGP and may include, but not be limited to:
• Infrastructure related community litter abatement and beautification projects.
• Non-infrastructure related community litter abatement events and/or educational programs.
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Example Projects
• Beautification and placemaking of existing public spaces, including but not limited to:
o Community park space/public space.
o Transit centers.
o Park-and-ride facilities.
o Viaducts, underpasses, or overpasses.
• Educational campaigns or community events about litter abatement, proper waste disposal or how to get involved with doing sanctioned artwork in a community.
• A combination of project types, including beautification and educational projects.
Eligible Project Area
The location of the projects within the CCLGP are determined by the applicant.
It is recommended that projects are accessible by a multimodal transportation network. Eligible project locations may include projects located on local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces.
Projects that encroach on Caltrans right-of-way are allowed; however, the applicant must demonstrate that all necessary right-of-way clearances, encroachment permits, and other permits can be obtained, and the project completed, by June 30, 2024. For more information on Caltrans Encroachment Permits, including contact information for local District Encroachment Permit Offices, see https://dot.ca.gov/programs/traffic-operations/ep.
Art projects on Caltrans right-of-way also need to complete and abide by the Caltrans’ Transportation Art Process. This includes:
• Separate approval by the Caltrans Transportation Art program. • Artwork ownership, including copyrights, assigned to Caltrans, with rights licensed back to the artist.
• Waiver of moral rights (California Civil Code § 987). • Adhering to Transportation Art content restrictions.
• Maintenance plan/funding (i.e. graffiti abatement).
See Caltrans’ Transportation Art Guidelines for Local Agencies and the Transportation Art Proposal for details. Gateway Monuments and Community Identification projects on Caltrans right-of-way entail separate processes and requirements.
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Eligible Activities and Expenses
Eligible activities must meet CCLGP goals. Examples of eligible features within the project area include:
• Enhanced paving to address the needs of the space, using permeable pavements where possible.
• Pavement alternatives, such as wood chips.
• Inert material, such as rubberized pavement.
• Shade structures.
• Shade trees or drought-tolerant plantings.
• Irrigation systems.
• Bioretention, swales, and other green street elements. • Architectural fencing.
• Art installations, including community identification or cultural elements.
An art installation should:
o Be appropriate and safe to its proposed setting.
o Be in proper scale with its surroundings.
o Be composed of materials that are durable for the projected lifespan.
o Include graphics or sculptural artwork that express unique attributes of an area’s history, resources, or character.
o Not display symbols or icons, including but not limited to, logos or political and commercial symbols. Sponsor recognition should be unobtrusive, discreet, and not appear to be an integral part of the artwork.
o Not display text.
o Be designed to minimize ongoing maintenance needs.
• Gateway Monuments and Community Identification projects. If these are on Caltrans right-of-way, they have different requirements than art installations.
• Human-scale, energy-conserving lighting.
• Walking and/or biking facilities through the space.
• Wayfinding signage.
• Amenities related to proper waste collection or prevention (e.g., signage, bins, etc.).
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• Seating and play equipment.
• Public bathrooms and water fountains.
• Travel Expenses: Grant recipients may be eligible to claim travel expenses if they have been approved in the scope, cost, and schedule included in the grant agreement. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-represented employees). For more information on eligible travel expenses, visit the Caltrans Travel Guide Website.
Ineligible Activities and Expenses
Some activities or project components are not eligible for reimbursement under this grant program. If an application has any of the following elements and is seeking reimbursement for any of them, it will be disqualified.
Ineligible activities and expenses include:
• Displacing people experiencing homelessness.
• Acquisition of rights-of-way or land.
• Work performed prior to or after the execution of the grant agreement. • Acquisition of vehicles or shuttle programs.
• Other items unrelated to the project or CCLGP goals.
• Maintenance of a project improvement for this grant agreement is not a reimbursable expense (however it can be an in-kind contribution if it occurs prior to June 30, 2024).
• Other activities that extend beyond June 30, 2024.
Selection Criteria
Selection criteria focuses on demonstrated benefits and needs including, but not limited to:
• Demonstrated need of the applicant and ability to achieve the program’s goals.
• Demonstrated enhancement and beautification of a public space(s), including improved access to the space.
• Enhanced greening to provide shade, reduce the urban heat island effect, and use native, drought-tolerant plants.
• Abatement of litter and debris to improve access and use of public space(s).
• Public engagement that reflects community priorities and is consistent with local or regional plans such as General Plans, Improvement Plans, 7 168
bicycle and/or pedestrian plans, and complete street plans. The project should also align with the public outreach that occurred during the preparation of these plans.
• Identification of the population benefit, including to underserved communities. Projects that demonstrate a benefit to an underserved community, either directly or indirectly, will be more competitive. For these projects, applicants must explain which underserved community is benefited, how the project benefits that community, and the percentage of the work and budget that benefits that community.
• Project deliverability, in which projects are open to public and/or all funds are expended by June 30, 2024.
Underserved Communities
No less than 50 percent of the CCLGP funds are to fund projects that benefit underserved communities. An eligible project should clearly demonstrate a benefit to an underserved community or be directly located in an underserved community.
The definition for these communities may include disadvantaged and lowincome communities, as defined in Sections 39711 and 39713 of the California Health and Safety Code, or another metric with verifiable information that identifies underserved communities. To qualify, the community served by the project must meet at least one of the following criteria:
• Option 1. Area Median Income: Is less than 80% of the statewide median based on the most current Census Tract level data from the 2019 American Community Survey 5-Year Estimates (<$60,188). Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level. Data is available at the United States Census Bureau Website. • Option 2. CalEnviroScreen: An area identified as among the most disadvantaged 25% in the state according to the CalEPA and based on the California Communities Environmental Health Screening Tool 3.0 (CalEnviroScreen 3.01) scores. Score must be greater than or equal to
39.34. Do not mistake “percentile” for “score”. The mapping tool can be found here and the list can be found under “Background: SB 535 Identification of Disadvantaged Communities (2017).”
1 During the development of these guidelines, the final CalEnviroScreen 4.0 was released. Since the SB 535 List of Disadvantaged Communities based on CalEnviroScreen 4.0 is in draft at time of writing, applicants should use CalEnviroScreen 3.0 rather than 4.0. 8 169
• Option 3. National School Lunch Program: Based on pre-pandemic data2, at least 75% of public-school students in the project area are eligible to receive free or reduced-price meals (FRPM) under the National School Lunch Program. Data is available at the California Department of Education website. Note that if an applicant uses this option, it must be explained in the Project Narrative how students will benefit from the project.
• Option 4. Healthy Places Index: The Healthy Places Index includes a composite score for each census tract in the State. The higher the score, the healthier the community conditions, based on 25 community characteristics. The scores are then converted to a percentile to compare a census tract to other tracts in the State. A census tract must be in the 25th percentile or less to qualify as a disadvantaged community. The live map and direct data can both be found on the California Healthy Places Index website.
• Option 5. Native American Tribal Lands: The project is located within or partially within:
o Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or Rancheria),
o Lands owned by or held in trust for an Indian tribe,
o Allotted lands, and/or
o Sensitive tribal areas (which might include areas in which a Native American Tribe has a significant interest, such as traditional cultural properties and sacred sites).
• Other: If the project will benefit an underserved community, but the project does not meet any of the criteria above, other means of qualifying may be submitted with the application for consideration as Attachment J in Section 3.1 of the application, “ATTACHMENTS”.
Suggested alternative assessment methods that can be submitted under this category include:
o Census data that represents a small neighborhood or
unincorporated area. Submit a quantitative assessment, such as a survey, to demonstrate that the community’s median household income is at or below 80% of the state median household income. 2 During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used.
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o CalEnviroScreen data that represents a small neighborhood or unincorporated area. Submit an assessment to demonstrate that the community’s CalEnviroScreen score is at or above 39.34. o A regional definition such as “environmental justice communities” or “communities of concern,” which must be stratified based on severity. It must also be based on a robust public outreach process that includes community stakeholder input. A regional definition of underserved communities must be used for the region’s broader planning purposes. It must be adopted as part of a regular 4-year cycle adoption of a Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS) by a Metropolitan Planning
Organization (MPO) or Regional Transportation Planning Agency (RTPA), per obligations with Title VI of the Federal Civil Rights Act of 1964.
If you chose to define a community as underserved using a criterion other than one of the 5 options listed above, you must submit your criterion and justification for consideration as Attachment J in the application.
Other Selection Considerations
The State may consider additional factors in its selection decisions. These include, but are not limited to, the geographic distribution of awards, willingness to accept partial funding, and quality of the maintenance plan (which is not required for educational programs). The State may also consider the responsiveness and responsibility of the applicant, based on data such as previous performance on other grant programs.
Local Match Requirement
Required local match is the minimum percentage of the project’s funding the applicant commits to provide as a condition of accepting a program grant.
The required local match will range from 0% (i.e., no local match required) to 50%. The percentage is determined based on the “severity of disadvantage” (SOD) of the community surrounding the project. The community surrounding the project is defined as all census tracts within a ¼ mile radius of the project site (or sites, if there are multiple locations.) The required local match will decrease as the SOD of the surrounding community increases. The SOD of the surrounding community is defined below and the relationship of the SOD to percent required local match can be found in Table 2, Severity of Disadvantage and Corresponding Local Match Requirement. Tribal Communities that qualify per Option 5 on Table 2 require zero local match.
Applicants will be held responsible for any local commitments at or above their minimum local match requirement as part of their grant agreement with Caltrans.
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Calculating SOD of the Community Surrounding the Project and Local Match Requirement
How to calculate the SOD and the local match percentage is described below.
The calculation forms must be submitted with the application as part of Attachment I.
SOD of
surrounding = Weighted average of the SODs of the surrounding census tracts. community
= Sum [(Pop. CT 1 x metric score CT 1) + (Pop. CT 2 x metric score CT 2) + (Pop. CT N x metric score CT N…)] Sum(Pop. CT 1 + Pop. CT 2 + Pop. of CT N…)
Where:
• Pop. CT = Population of a census tract within a ¼ mile radius of the project site or sites. • Metric Score = The underserved community score of a census tract is determined using one of the allowable 5 options listed in Table 2 of the guidelines.
When calculating SOD, the metric score of all census tracts must be determined using the same option. The 5 options are detailed above in the section “Underserved Communities”. If the community surrounding the project is considered underserved using multiple options, choose the option that best supports the community’s status as underserved.
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Table 1. SOD of Community Surrounding the Project Site(s) List the Option Used to Determine SOD:
(For definitions of each of the 5 options, see the
section “Underserved Communities”.)
Location Relative to
Project Site(s)
(1)
Census Tract
Number
(2)
Census Tract
Population
(3)
Metric Score of
Census Tract
using the
chosen option
listed above.
(4)
SOD of
Tract
(3) x (4)
(5)
1 Project Site A
2 Within a ¼
mile radius.
3 Within a ¼
mile radius.
4 Within a ¼
mile radius.
5 Project Site B
6 Within a ¼
mile radius.
7 Within a ¼
mile radius.
8 Within a ¼
mile radius.
TOTALS
SOD of Community Surrounding the Total of Column 5
= = Project Total of Column 3
An example of a completed Table 1 is in Appendix A.0.
Determine Required Local Match
Use the SOD of the community surrounding the project calculated above, and Table 2 below, to determine the required local match for your project. 12 173
Table 2. Severity of Disadvantage and Corresponding Local Match Requirement SOD Criteria Ranges for SOD of Community
Surrounding the Project
Required Local Match
%
Option 1: Area Median Income (AMI) compared to Statewide Median Income (SMI)* Data: Census Tract Level Data from the 2019 American Community Survey 5-year (ACS5) Estimates
If the AMI SOD of the
surrounding
community is…
> $60,188
Then local
match is…
50 $56,426 to $60,188 37.5
$52,665 to $56,425 25
$48,903 to $52,664 12.5
< $48,903 0
Option 2: CalEnviroScreen 3.0 Score (not percentile)
Data: CalEnviroScreen 3.0 Results (June 2018 Update)
If the CalEnviroScreen
3.0 SOD of the
surrounding
community is…
< 39
Then local
match is…
50 39 to 42 37.5
43 to 46 25
47 to 50 12.5
> 50 0
Option 3: Percentage of Students that Receive Free or Reduced Lunches** Data: California Department of Education website
If the Free Lunch SOD
of the surrounding
community is…
< 75
Then local
match is …
50 75 to 79 37.5
80 to 84 25
85 to 90 12.5
> 90 0
Option 4: Healthy Places Index (HPI) Score (use overall HPI score only) Data: California Healthy Places Index website
If the HPI SOD of the
surrounding
community is…
> 25
Then local
match is…
50 21 to 25 37.5
16 to 20 25
10 to 15 12.5
< 10 0
Option 5: Tribal Communities
Data: List of Federally Recognized Tribal Governments in California If the project applicant or sub-applicant is a Federally Recognized Tribal Government or the project area is located within (or partially within) Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or
Rancheria), lands owned by or held in trust for an Indian tribe, allotted lands, and/or sensitive tribal areas (which might include areas in which a Native American Tribe has a
significant interest such as traditional cultural properties and sacred sites).
Then the local
match is…
0 *Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level.
**During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used. 13 174
Local Match Sources
The local match can be all cash, all third-party in-kind contributions, or a combination of the two:
• Cash Match
o Revenue sources for local cash match can include local sales tax, special bond measures, private donations, or private foundation contributions, among other sources. If federal funding is a source for local cash match, the entire project must comply with all federal requirements, which may affect the project schedule. Check the federal program guidelines for details.
o Staff time from the primary applicant can be counted as cash match. However, staff time charged to a specific project that has already been funded and/or reimbursed cannot be used to meet the match requirement for a Clean CA project.
• Third-Party In-Kind Match
o Third party in-kind contributions are typically goods and services donated from outside the primary applicant’s agency. Examples include the value of donated:
Plants/trees.
Art resources (e.g., materials, labor, supplies).
Equipment and materials.
Volunteered time from stakeholders.
Other goods and services.
o Maintenance activities related to the project if these occur prior to June 30, 2024.
o If third party in-kind contributions are used to satisfy the local match requirements, all of them must be itemized in the application. If a project is awarded funds, as part of the grant agreement, the grant recipient will be asked to provide letters of commitment from each third-party contributor detailing what services are included with the match and a commitment to reaching the project completion date of June 30, 2024.
Payment Process
For an item to be eligible for payment, the primary use or function of that item must meet the program goals and be consistent with the approved grant scope and budget as well as applicable cost principles. Payments will be made by reimbursement unless advance payment is requested and approved. 14 175
The CCLGP is primarily a reimbursement program for eligible costs incurred. An implementing agency may begin incurring eligible costs upon execution of a grant agreement with Caltrans as well as receipt of notice to proceed from Caltrans.
Applicants may request advance payment. Requests must be included in the project application and include a justification to support the request, as detailed in the Advance Payment Process section.
Caltrans may provide funding directly to federally recognized Tribal governments, but only if a Tribal government is willing to grant a limited waiver of sovereign immunity for the purposes of their CCLGP project and for the duration of the project. As an alternative to waiving sovereign immunity, Tribal governments may consider applying as a sub-applicant through partnership with a public or transit agency.
If requesting reimbursement for indirect costs, grant recipients must have an approved Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) agreement with Caltrans, or the grant recipient’s cognizant agency, to be reimbursed. A “cognizant” agency is the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals.
An approved indirect cost rate must be included in the grant agreement. If the agency does not have a current ICAP/ICRP with Caltrans or its cognizant agency, it must submit an ICAP/ICRP request in accordance with the options and submission processes found on the following webpage:
https://ig.dot.ca.gov/resources. Agencies can also e-mail ICAP[email protected]. The ICAP/ICRP documentation must be submitted with the work plan if the agency is claiming indirect costs.
For non-infrastructure projects, indirect cost rates are limited to what is approved by Caltrans or the cognizant agency. For infrastructure projects, per the Caltrans Local Assistance Procedures Manual, the total cost for Construction Engineering (CE) should not exceed 15% of the construction costs and all costs over that must be shown in the application as non-participating.
Advance Payment Process
As described in State statute, Caltrans may authorize advance payments necessary for projects funded by the CCLGP. This is consistent with the Legislature’s direction to expeditiously award and disburse grants. Specifically, the Department, in its sole discretion, may provide advance payments of grant awards in a timely manner to support program initiation and implementation, with a focus on mitigating the constraints of modest reserves and potential cash flow problems. In considering whether to apply for an advance payment, the 15 176
applicant acknowledges that the Advance Payment guidelines contained herein are solely for the purposes of the CCLGP.
Conditions
Recognizing that appropriate safeguards are needed to ensure grant moneys are used responsibly, the Legislature has outlined the grant conditions described below to establish control procedures for advance payments. Accordingly, the Department may provide advance payments to grant applicants of the CCLGP only if the Department determines, pursuant to SHC Section 91.41(e), that all the following conditions are met:
a. The grant applicant for an advance payment is a public agency. b. The grant applicant requests an advance payment in its initial grant application.
c. The project or project component for which the advance payment is requested is well defined and can be delivered by an agreed upon date. d. The grant applicant has a record of good financial management and has not been sanctioned by any state or federal agency.
e. Upon request of the department, the grant applicant offers sufficient capital, as determined by the Department, as security for an advance payment.
f. Upon request of the department, the grant applicant provides a finding approved by its governing body that demonstrates a financial need for an advance payment pursuant to the program to deliver the project.
Additional Conditions
In evaluating a grant applicant’s request for advance payment, the Department has established the following additional conditions of award.
Advance Payment Amounts
A grant applicant may request one advance payment equal to the anticipated project cost for the first four months of the project, as described in the project schedule, budget, and spending plan. The advance payment may not exceed 30% of the grant award or $1,000,000, whichever is smaller.
General Conditions
a. The advance payment is necessary immediately to meet the purposes of the grant project.
b. Only one advance payment, at the beginning of the project, will be awarded.
c. The use of the advance funds is adequately regulated by project budgetary controls.
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d. The grant applicant provides a finding approved by its governing body that demonstrates the financial need for an advance payment. e. The grant applicant has no outstanding financial audit findings related to any of the moneys eligible for advance payment and is in good standing with the Franchise Tax Board and Internal Revenue Service. f. The grant applicant agrees to revert all unused moneys to the Department if they are not expended within the timeline specified in the grant agreement.
g. The grant applicant assumes legal and financial risk of the advance payment.
h. In the event of nonperformance by the grant recipient, the Department shall require full recovery of all disbursed moneys. A grant recipient shall provide a money transfer confirmation within 60 days upon the receipt of a notice from the Department.
Fiscal Administration
a. The grant applicant shall indicate its request for advance payment on the initial application. A spending plan shall be submitted with the application.
1. The spending plan shall include project schedules, timelines, milestones, and the grant recipient’s fund balance for all state grant programs applied to the project.
i. The grant recipient will report to the Department any material changes to the spending plan within 30 days of identification of the change.
b. The grant applicant shall submit an updated spending plan along with an Advance Payment Invoice to the Department for review prior to receiving the advance payment.
c. The grant recipient shall submit requests for reimbursement packages monthly3, commencing at the conclusion of the first full calendar month of project implementation. Reimbursement packages shall include supporting documentation for all expenditures including, but not limited to, receipts, invoices, and timesheets.
d. The advance payment will be closed out at the end of the project, with final reimbursement packages satisfying all advance funds. Any funds not accounted for shall be returned to the Department.
e. The grant recipient shall place funds advanced under this section in an interest-bearing account. The grant recipient shall track interest accrued 3Note, projects that do not request Advance Payments may submit invoices no more frequently than monthly and no less frequently than quarterly. See the section Accounting Requirements for details.
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on the advance payment. Interest earned on the advance payment shall be used for eligible grant-related expenses as outlined in Eligible Activities and Expenses, or returned to the Department.
f. The grant recipient shall report to the Department the value of any unused balance of the advance payment and interest earned, and submit quarterly fiscal accounting reports consistent with the provisions in the CCLGP Grant Agreement.
g. The grant recipient shall remit to the Department any unused portion of the advance payment and interest earned at project close-out.
Advance Payment Requests
a. The Department will advance one payment from the total grant award after the grant recipient submits the following to the Department:
i. A fully executed Grant Agreement;
ii. Advance Payment Invoice (to be provided by the
Department); and
iii. Updated Spending Plan that includes project schedules, timelines, milestones, and the grant recipient’s fund balance for all fund sources applied to the project.
b. The grant recipient must email the completed Advance Payment Invoice and Spending Plan to the Department Grant Coordinator. The invoice shall include the secured digital signature of a person legally authorized to sign.
c. Advance grant payments are subject to the Department’s approval of the Advance Payment Invoice and Spending Plan.
d. Quarterly reports must substantiate grant costs incurred as discussed in the Reporting section for which the Advance Payment was utilized.
Project Application Process
1. Applications, including the supporting documentation, are submitted online:
a. Access to the application and other required templates are available on the CCLGP website,
https://cleancalifornia.dot.ca.gov/local-grants.
b. No hardcopy applications will be accepted.
2. Project Proposals are reviewed and evaluated:
a. Caltrans subject matter experts, with district representation, conduct a review of all applications for eligibility, submission of proper documentation, deliverability, and demonstrated benefits that align with the grant program goals. They then score the 18 179
applications using a standardized scoring methodology, which is described in the Scoring Criteria section.
b. Incomplete or ineligible applications may be removed from the competitive process.
c. Caltrans headquarters grant program staff then verifies the scores and provides the award recommendations list, to be approved by the State.
d. Award recommendations are submitted to the Secretary of the California State Transportation Agency for concurrence.
3. Awarded projects are announced.
4. Grant Agreements between the grant recipients and Caltrans are executed.
All information contained in the application and supporting documentation is confidential until grant awards are announced.
The State reserves the right to reject an applicant who is in violation of any law or policy at another public agency. Potential violations include, but are not limited to, being in default of performance requirements for other contracts or grant agreements issued by the State, engaging in or being suspected of criminal conduct that could poorly reflect on or bring discredit to the State, or failing to have all required licenses and permits necessary to carry out the project. The State further reserves the right to reject any applicant who has a history of performance issues with past grants or other past contractual agreements with any public entity.
Conflict of Interest
All applicants and individuals who participate in the review of submitted applications are subject to state and federal conflict of interest laws. Any individual who has participated in planning or setting priorities for a specific solicitation over and above the public comment process, or who will participate in any part of the grant development and negotiation process on behalf of the public, is ineligible to receive funds or personally benefit from funds through that solicitation. Failure to comply with conflict of interest laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent grant agreement declared void. Other legal actions may also be taken. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411.
Scoring Criteria
Applications will be scored as explained in Table 3 and in the following subsections of this document. The scoring methodology is designed to support 19 180
performance of the grant objectives and encourages context-sensitive proposals. The scoring is designed to prioritize quality of transformation over quantity of space transformed. For communities that may not have a lot of public space, but can still benefit from a transformative project, their application would be competitive under this scoring methodology. Other selection considerations may factor into the final project selection.
Table 3. Scoring Methodology
Component
Number
Scored Component
Possible
Score
(points)
Weight (percent
of overall score)
1 Narrative
(Qualitative)
20 10
2 Project’s Population Benefit
(Quantitative)
20 10
3 Project’s Relative Population
Benefit to Underserved
Communities
(Quantitative)
35 17.5
4 Demonstrated Community Need
(Quantitative)
50 25
5 Project’s Outcomes Assessment
Form
(Quantitative)
40 20
6 Scope, Cost, and Schedule
(Qualitative)
35 17.5
Sum 200 100
1. Narrative
The narrative scoring component will be based on the applicant's description of how well the project meets the program’s statutory goals, requirements, and guidelines. This component is worth up to 20 points and 10 percent of the total application score. The narrative component will be assessed by a committee of subject matter experts using a scoring rubric based on grant criteria.
At a minimum, the narrative shall include a discussion of:
• The project location and any project description details not included in section 1.8 of the main application form. Describe the public space or spaces to be addressed; specifying right-of-way, park, pathway, transit center, tribal land, or other space. Discuss where the space is located, including its visibility and access to the public.
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• The demonstrated community need that addresses the goals of the CCLGP program. Specifically, describe the existing conditions of the project location(s), and how the project meets one or more of the four stated program goals listed below.
1. Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
2. Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
3. Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and
recreation.
4. Advance equity for underserved communities.
Address each goal selected separately in the narrative. For each goal selected, also include the information requested in the respective paragraphs below:
Goal 1. Reduce the Amount of Waste and Debris: Describe types of existing waste and debris, work to be performed to remove it, and by whom.
Goal 2. Beautify and Improve Public Space: Describe the beautification or access improvements to be performed, including enhanced greening measures. Include any enhancements to be made, rehabilitation or restoration to be performed, and new installations placed.
Goal 3. Improving Public Spaces for Walking and Recreation: Describe improvements to be made to the public spaces for walking and recreation, and how these improvements will enhance public health, cultural connection, and/or community placemaking.
Goal 4. Advance Equity for Underserved Communities: Projects that demonstrate a benefit to an underserved community, either directly or indirectly, will be more competitive. For these projects, applicants must explain which underserved community is benefited, how it was identified, and how the project benefits that community. Applicants should also explain the percentage of grant funds that will benefit the community and how these percentages were calculated. Calculations can be based on the project’s relative population benefit to underserved communities or another methodology. If another methodology is used, provide a brief justification for using it.
• The local public engagement process that culminated in the project identification and how the project reflects community priorities.
Specifically, the Narrative should describe the stakeholder/community engagement efforts that went into identifying the proposed elements as a priority for the community. These efforts should include engagement with 21 182
underserved communities and/or any community-based organizations that serve them. The applicant can reference engagement that was sponsored by Caltrans or others. The Narrative should also describe how the project is consistent with or included in existing local or regional plans such as General Plans, Improvement Plans, bicycle and/or pedestrian plans, and complete street plans, that were the products of extensive public outreach. Finally, the Narrative should discuss how exactly the engagement influenced the project proposal.
• Project deliverability, including the applicant’s certainty the project will be completed, opened to public, and all funds expended by June 30, 2024.
Identify all permits required for the project and note all that have not been approved at time of application submittal. For any permit not obtained, explain how its approval will be achieved and the project completed by June 30, 2024. For infrastructure projects, describe all preconstruction work required to deliver this project by its completion date. • If you are requesting advance payment, a justification. • How the applicant is going to market the project, through materials such as press releases, press advisories, letters to the editor, fact sheets, social media posts, website pages, or speeches. Also state whether there will be a ground-breaking or ribbon cutting ceremony for any infrastructure improvements that are part of the project.
• If applicable, how the improvement(s) will be maintained. Identify the lifespan of the improvement(s), how the improvements will be maintained throughout their lifespans, the resources to fund maintenance activities, and the commitment of those resources. This information is required for physical project improvements and litter abatement events (i.e., there needs to be an explanation of the strategy for preventing litter from accumulating again, after the abatement event). This information is also required for any artwork or vegetation that is part of the proposal.
Maintenance information is not required for educational programs.
2. Project’s Population Benefit (PB) to Overall Community For infrastructure projects, the project’s PB to the overall community is the sum of the population of all census tracts within a quarter mile radius of the project added to the average daily ridership of transit routes that have stops within a half mile radius of the project. This sum is then increased by a factor related to the hours the improved site will be open to the public.
For non-infrastructure projects, the PB is the sum of the population benefit of each non-infrastructure activity. The population benefit of each activity is calculated based on the estimated number of unique people who attend an 22 183
activity or will be reached by a campaign, multiplied by the number of activities or campaigns.
Points for this scoring component will be awarded on a curve relative to all applications received. This component is worth a maximum of 20 points and up to 10 percent of the total application score. Details on how to calculate the PB and an example can be found in Appendices A1-A4.
3. Project’s Relative PB to Underserved Communities
A project’s relative population benefit to underserved communities is determined by a ratio of the project’s PB to underserved communities over the project’s PB to the overall community.
For infrastructure projects, the PB to underserved communities is the sum of the population of all underserved census tracts within a quarter mile radius of the project added to the average daily ridership of transit routes that have stops within a ½ mile radius of the project. This sum is then increased by a factor related to the hours the improved site will be open to the public. Note, the transit ridership is the same as it is for calculating the PB for the overall community in scoring component 2 described in the above section.
For non-infrastructure projects, the project’s PB to underserved communities is the same as for the overall community.
Points for this scoring component will be awarded as a percentage based on the ratio of the underserved project benefit to the overall project benefit. This component is worth up to 35 points and 17.5 percent of the total application score. Details on how to calculate the PB to underserved communities can be found in Appendices A1-A4. See the section Underserved Communities in these guidelines for definitions of underserved communities.
4. Demonstrated Community Need
The demonstrated community need scoring component measures the demonstrated need of the applicant or sub-applicant to address the program goals. Needs include those for waste and debris reduction, beautification, enhanced public health, cultural connection, increased equity, or greening. This component is worth up to 50 points and 25 percent of the total application score. The score is based on the applicant’s answers to questions about the existing public space(s) or community conditions. The questions can be found on the “Demonstrated Community Need Assessment Form.” The form has five (5) sections, each relating to a program goal. Within each section, the applicant may choose up to two questions to answer. The form can be viewed in Appendix B1, and an example of a completed form can be viewed in Appendix B3.
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5. Project’s Outcomes Assessment
This scoring component measures the proposal’s potential to accomplish the goals of the program. This component is worth up to 40 points and 20 percent of the total application score. The score is based on the applicant’s answers to questions about anticipated project outcomes. The questions can be found on the “Project’s Outcomes Assessment Form” in Appendix B2. Like the “Demonstrated Community Need Assessment Form”, the form has five (5) sections, each relating to a program goal. Within each section, the applicant may choose up to two questions to answer. A sample completed form based on a fictitious project can be viewed in Appendix B3.
6. Scope, Cost, and Schedule
The scope, cost, and schedule submittals will be reviewed by a committee of subject matter experts who will evaluate how well the documents maximize project benefits versus costs. This component is worth up to 35 points and 17.5 percent of the total application score. A standardized scoring methodology will be used to assess this component.
The scope, cost, and schedule component must include the following, which are in the templates provided:
• The scope must include detailed project plans, and/or an educational programming workplan.
• The application must include a schedule showing planned start and end dates of salient infrastructure work activities and/or non-infrastructure tasks. The schedule must show all activities completed and all funds expended by June 30, 2024. If the project contains infrastructure components, these must also be opened to the public by June 30, 2024. • The application must include a cost breakdown of all project components. Do not provide costs as lump sum expenses.
Other Attachments
Section 3.1 of the application will allow additional documents to be uploaded beyond what is listed above. Details on what these attachments should include are in the Application Instructions provided on the CCLGP website.
Project Award Process
After evaluation is complete and the list of successful applicants is approved by the State, the list of awarded projects will be posted to the Caltrans website.
Successful grant applicants will receive an award letter from Caltrans that outlines important next steps, such as executing the grant agreement, as well as program requirements the grant recipient must adhere to.
The CCLGP is limited to one cycle of funding. As a result, unsuccessful grant applicants will not receive a debrief.
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Grant Agreement Processing
A restricted grant agreement will be utilized for the distribution of funds. The agreement will specify, among other things, the amount of funds granted, local match funds required, timeline for expenditure of funds, delivery schedule, and the approved project scope. Reporting timeframes and other requirements will also be identified in the agreement. A copy of the grant agreement will be made available on the CCLGP website.
Grant Project Administrative Requirements
Sub-contracts
If a grant recipient or a sub-recipient will hire a third-party to perform work during the project, proper procurement procedures must be used. Grant recipients may use their agency’s procurement procedures. They should also comply with all applicable sections of the California Public Contract Code and Government Code, and any other applicable code. In addition, work cannot be subcontracted unless it has been stated in the grant recipient’s scope, cost, and schedule. A grant recipient is fully responsible for all work performed by its subrecipients, consultants, or sub-consultants. Caltrans solely enters contracts directly with grant recipients.
Financial Requirements
Accounting Requirements
Grant recipients and sub-recipients are required to maintain an accounting system that properly records and segregates incurred project costs and matching funds by line item. The accounting system of the grant recipient, including its sub-recipients and sub-contractors, must conform to Generally Accepted Accounting Principles that enable the determination of incurred costs at interim completion points. This accounting system must also provide support for reimbursement payment vouchers or invoices sent to or paid by Caltrans. Allowable project costs must comply with 2 Code of Federal Regulations (CFR), Part 200.
It is the grant recipient’s responsibility to monitor work and expenses to ensure the project is completed according to the contracted Scope, Cost, and Schedule. The grant recipient agrees to revert all unused grant funds to the Department if they are not expended within the timeline specified in the grant agreement. In the event of nonperformance by the grant recipient, or if project outcomes and benefits are not met, the Department shall require full recovery of all disbursed grant funds. A grant recipient shall provide a money transfer confirmation within 60 days upon the receipt of a notice from the Department that grant funds must be reimbursed. If a grant recipient does not expend funds within the timeline specified in the grant agreement or does not perform, this 25 186
could also impact the grant recipient’s competitiveness in any potential future funding cycles of this program.
Grant recipients must submit invoices on a regular and timely basis. This is no more frequently than monthly and no less frequently than quarterly for projects not requesting advance payments. This is monthly for projects requesting advance payments.
Costs incurred prior to or after the end date of an executed agreement are not eligible for reimbursement and will not be counted towards local match requirements. CCLGP funds shall not supplant other committed funds and are not available to fund cost increases. Funds must be expended concurrently and proportionally with the approved local match unless an advance payment request is approved. Cost savings will be shared proportionally between all committed fund sources.
Grant recipients must communicate with the Caltrans project manager to ensure any issues are addressed early during the project period.
Audits and Investigations
Clean California Local Grant Program projects are subject to audit. Therefore, all financial records related to the project must be retrained for a minimum of three years from project closeout.
Reporting
Upon execution of a CCLGP agreement, grant recipients must submit quarterly Project Progress Reports and a Final Delivery Report to Caltrans. The reports will be required to assess whether projects are meeting their scope and are being delivered on time and within budget. They will be submitted electronically and due within 45-days of the end of a quarter.
The State may make periodic visits, including a final inspection, to project sites.
The State will determine if the work is consistent with the approved project scope. Caltrans staff will be responsible for conducting and coordinating site visits with the awarded projects.
The final invoice will be paid upon submission and acceptance of the Final Delivery Report to Caltrans. Complete final delivery reports and invoices must be submitted to Caltrans no later than November 1, 2024.
Project Photos
A before photo will be required with the application and an after photo will be required as part of the closeout reporting process for grant recipients. Caltrans must be granted the right to use photos of the completed project. 26 187
Project Amendments
The CCLGP will not participate in cost increases to the project. Any cost increases must be funded from other fund sources. If there is a change in the project cost, it must be reported through the quarterly project reporting process.
Scope changes will not be considered unless the change is minor, does not reduce project benefits, and does not change the approved project schedule.
Scope changes must be requested in writing to the Caltrans project manager and may require an amendment to the restricted grant agreement.
Projects must be complete with all funds expended by June 30, 2024. If the project involves infrastructure components, these must be opened to the public by June 30, 2024. Amendments for time are not permitted.
Program Evaluation
The CCLGP will be evaluated for its effectiveness in meeting its goals. Grant recipients must collect and submit data to Caltrans as described in the Reporting section.
As part of the fiscal year 2022–23 and 2023–24 California budgets, Caltrans shall report to the Legislature on the CCLGP, including, but not limited to, cubic yards of litter collected, the locations and types of projects, and any other important program outcomes. The report will include a discussion on program effectiveness in terms of planned and achieved outcomes in litter abatement and beautification efforts, as well as timely use of funds. It will also include a summary of its activities relative to program administration, including projects awarded, projects completed to date by project type, projects completed to date by geographic distribution, and projects completed to date by benefit to underserved communities.
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Appendix A.0. Example Calculations to Determine Required Local Match for a Fictitious Project
For demonstration purposes, this appendix performs an example calculation to determine the required local match for a fictitious project. You will first determine the SOD of the surrounding community, and then use that number to determine the corresponding required local match. The required local match will decrease as the SOD of the surrounding community increases.
Fictitious Project Summary:
The sample project proposes improving the parkland at the Greenside Park in the City of Eureka, CA (M St & 12th St, Eureka, CA 95501) with beautification upgrades and litter abatement. In addition to physical improvements, the project proposes to launch a litter abatement campaign on social media that will reach 1,000 people/week for 52 weeks in total, and a ribbon cutting event/litter abatement event with 200 people invited.
Step 1. Choose a definition by which to define the community surrounding the project as underserved. See the section Underserved Communities of these guidelines for more information. If the community surrounding the project is considered underserved based on multiple options, choose the option that best supports the community’s status as underserved. Per Option 5, Tribal Communities require zero local match, and thus none of these calculations.
Step 2. Determine the SOD of the community surrounding the project:
SOD of
surrounding = Weighted average of the SODs of the surrounding census tracts. community
= Sum [(Pop. CT 1 x metric score CT 1) + (Pop. CT 2 x metric score CT 2) + (Pop. CT N x metric score CT N…)] Sum(Pop. CT 1 + Pop. CT 2 + Pop. of CT N…)
Where:
• Pop. CT = Population of a census tract within a ¼ mile radius of the project site or sites. • Metric Score = The underserved community score of a census tract determined using one of the 5 options listed in Table 2 of the guidelines.
Perform this calculation using Table 1, SOD of Community Surrounding the Project Site(s). When calculating SOD, the same definition of underserved community must be used throughout Table 1.
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Table 1. SOD of Community Surrounding the Project Site(s) List the Option Used to Determine SOD:
(For definitions of each of the five options, see the
section “Underserved Communities”.)
AMI
Location Relative to
Project Site(s)
(1)
Census Tract
Number
(2)
Census
Tract
Population
(3)
Metric Score
of Census
Tract
using the
chosen
option listed
above.
(4)
SOD of Tract
(3) x (4)
(5)
1 Project Site A 5 4450 $32,500 $144,625,000
2 Within a ¼
mile radius. 6 4998 $28,700 $143,442,600
3 Within a ¼
mile radius. 1 4242 $51,600 $218,887,200
4 Within a ¼
mile radius.
5 Project Site B
6 Within a ¼
mile radius.
7 Within a ¼
mile radius.
8 Within a ¼
mile radius.
TOTALS 13,690 $506,954,800
SOD of Community Surrounding the Total of Column 5
= Project Total of Column 3 = $37,031
Why we filled in Table 1 as we did:
• We chose option 1, Area Medium Income (AMI), to define an underserved community. Then we looked up the project address in the 2019 American Community Survey 5-yr. Estimates (ACS5) and found it is in census tract 5 with a population of 4,450 people and a median income of $32,500. We logged this information on line 1 accordingly. • We then drew a ¼ mile buffer around the project limits and determined all other census tracts that fell totally or partially within buffer limits. Two tracts met this criterion, census tracts 6 and 1. We completed lines 2 and 3 based on the populations and median incomes of those tracts. 29 190
• The remaining values auto calculated. The tables provided on the CCLPG website in Attachment I are fillable and will calculate for you. (Note, all dollar values and populations shown were made up for demonstration purposes.)
Step 3. Use Table 2 below to determine the Required Local Match based off the SOD of Community Surrounding the Project. For this example, the required local match would be 0% (see highlighted values).
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I I
I I 11
Table 2. Severity of Disadvantage and Corresponding Local Match Requirement SOD Criteria Ranges for SOD of Community
Surrounding the Project
Required Local Match
%
Option 1: Area Median Income (AMI) compared to Statewide Median Income (SMI)* Data: Census Tract Level Data from the 2019 American Community Survey 5-year (ACS5) Estimates
If the AMI SOD of the
surrounding
community is…
> $60,188
Then local
match is…
50 $56,426 to $60,188 37.5
$52,665 to $56,425 25
$48,903 to $52,664 12.5
< $48,903 0
Option 2: CalEnviroScreen 3.0 Percentile Score
Data: SB 535 List of Disadvantaged Communities or SB 535 Disadvantaged Communities Map If the CalEnviroScreen
3.0 SOD of the
surrounding
community is…
< 39
Then local
match is…
50 39 to 42 37.5
43 to 46 25
47 to 50 12.5
> 50 0
Option 3: Percentage of Students that Receive Free or Reduced Lunches** Data: California Department of Education website
If the Free Lunch SOD
of the surrounding
community is…
< 75
Then local
match is …
50 75 to 79 37.5
80 to 84 25
85 to 89 12.5
> 90 0
Option 4: Healthy Places Index (HPI) Score (use overall HPI score only) Data: California Healthy Places Index website
If the HPI SOD of the
surrounding
community is…
> 25
Then local
match is…
50 21 to 25 37.5
16 to 20 25
10 to 15 12.5
< 10 0
Option 5: Tribal Communities
Data: List of Federally Recognized Tribal Governments in California If the project applicant or sub-applicant is a Federally Recognized Tribal Government or the project area is located within (or partially within) Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or
Rancheria), lands owned by or held in trust for an Indian tribe, allotted lands, and/or sensitive tribal areas (which might include areas in which a Native American Tribe has a
significant interest such as traditional cultural properties and sacred sites).
Then the local
match is…
0 *Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level.
**During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used. 31 192
Appendix A.1. Definition of the Project’s Population Benefit (Overall) (A) Infrastructure Work PB
(Overall) Project’s Population Benefit (PB)
(Overall) = +
(B) Non-infrastructure Work PB
Where:
A. Infrastructure Work PB = (Direct PB + Indirect PB) x Dose Where:
• Direct PB = Sum of the population of all census tracts within a ¼ mile radius of the project site(s).
• Indirect PB = Sum of the average daily ridership of transit routes that have stops within a ½ mile radius of the project site(s). • Dose = Hours the site will be accessible to the public under the improved conditions. (If the project has multiple sites and hours differ, use the average number of hours.)
B. Non-infrastructure Work PB = Sum of the PB of each non-infrastructure (NI) activity.
Where:
• The PB of NI Activity = Reach x Dose
Where:
• Reach = Number of people reached at least once by an
educational campaign or eligible event.
• Dose = Number of times the campaign will run, or the event will be held.
Copies of the forms to perform the calculations are provided in Appendix A3.
Example calculations based on a fictitious project are provided in Appendix A4.
When submitting the application, complete the form in Attachment I from the CCLGP website and attach it to your application.
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Appendix A.2. Definition of the Project’s Relative Population Benefit (PB) (Underserved Communities)
Project’s Relative PB Projects PB (underserved) x100
= (underserved communities) Projects PB (overall)
Project’s PB Underserved (A) Infrastructure Work PB Underserved = Community +
(B) Non-infrastructure Work PB
Where:
A. Infrastructure Work PB
= (Direct PB Underserved + Indirect PB) x Dose Underserved Where:
• Direct PB Underserved = Sum of the population of all underserved census tracts within a ¼ mile radius of the project site(s). • Indirect PB = same as used in Appendix A.1.
• Dose = same as used in Appendix A.1.
B. Non-infrastructure PB = Same as used in Appendix A.1.
Copies of the forms to perform the calculations are provided in Appendix A3.
Example calculations based on a fictitious project are provided in Appendix A4.
When submitting the application, complete the form in Attachment I from the CCLGP website and attach it to your application.
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Appendix A.3. Forms for Calculating Population Benefit (PB) (Overall) and Relative PB (Underserved Community)
Step 1. If your project has no infrastructure work, skip to Step 3.
Step 2. If your project has infrastructure work, complete Tables 1 through 5 below. Information from tables 1 through 3 will be used to calculate the Infrastructure Work PB for both the overall and underserved community in Tables 4 and 5, respectively.
Table 1. Infrastructure Work – Direct PB (Overall and Underserved Community) • On line 1, list the census tract in which the project is located. • On subsequent lines, list all census tracts within a ¼ mile radius of your project.
If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with a justification of your methodology.
• Total column 3 and column 5.
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Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A
2 Within a ¼ mile
radius.
3 Within a ¼ mile
radius.
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.
Population Totals (Overall) = (Underserved) =
Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership numbers.
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Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within a 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 2
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which are the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
• Calculate the average number of hours of all sites.
Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 2
3 4
5 6
7 Average of Hours if Project Contains Multiple Sites
36 197
Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.
Table 4. Infrastructure Work PB (Overall)
(Direct PB
(Table 1, Column 3)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure Work
PB (Overall)
(4)
+ × =
Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.
Table 5. Infrastructure Work PB (Underserved Community) (Direct PB
(Table 1, Column 5)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure
Work PB
(Underserved
Community)
(4)
+ × =
37 198
Step 3: If your application proposes educational campaigns or events about litter abatement, proper waste disposal, or how to do sanctioned artwork (as opposed to vandalism), use Table 6 to calculate PB of each non-infrastructure activity and total. If your application does not propose these activities, skip to Step 4.
Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run, or the event will be held.
Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 x =
2 x =
3 x =
4 x =
Total NI Work PB
Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.
Table 7. Project’s PB (Overall)
Table 7. Project's PB (Overall)
Infrastructure Work PB
(Overall)
(From Table 4, Column 4)
(1)
+
Non-Infrastructure Work PB
(From Table 6, Column 3)
(2)
= Project's PB (Overall)
(3)
+ =
38 199
Step 5. Calculate the Project’s Population Benefit (Underserved Community).
Table 8. Project’s PB (Underserved Community)
Table 8. Project's PB (Underserved Community)
Infrastructure Work PB
(Underserved
Community)
(From Table 5, Column 4)
(1)
+
Non-Infrastructure
Work PB
(From Table 6, Column 3)
(2)
=
Project's PB
(Underserved Community)
(3)
+ =
Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.
Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
÷ =
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.
Table 10. Applicant’s Points for Scoring Component 3, Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3, Project’s Relative PB (Underserved Community) Project's Relative PB (Underserved
Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Pts.)
(3)
× 35 =
Examples of completed calculation forms based on a fictitious project can be found in Appendix A.4.
39 200
Additional rows for Tables 1 and 2. (Only use these pages if needed.) Table 1. Infrastructure Work- Direct Population Benefit (CONTINUED) Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
9 Project Site C
10 Within a ¼ mile
radius.
11 Within a ¼ mile
radius.
12 Within a ¼ mile
radius.
13 Project Site D
14 Within a ¼ mile
radius.
15 Within a ¼ mile
radius.
16 Within a ¼ mile
radius.
Table 2. Infrastructure Work - Indirect Benefit Population (CONTINUED) Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
8 9
10 11
12 13
14 15
40 201
Additional rows for Tables 3 and 6. (Only use these pages if needed.) Table 3. Infrastructure Dose (CONTINUED)
Infrastructure Site
(1)
Hours Improved Site
Accessible to Public
(2)
8 9
10 11
12 13
14 15
Table 6. Non-Infrastructure Work (NI) PB (CONTINUED)
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
5 x =
6 x =
7 x =
8 x =
9 x =
10 x =
11 x =
12 x =
13 x =
14 x =
15 x =
16 x =
41 202
Appendix A.4. Example PB (Overall) and Relative PB (Underserved Communities) Calculations Performed for a Fictitious Project For demonstration purposes, this appendix performs sample population benefit calculations based on a fictitious project.
Fictitious Project Summary:
The sample project proposes improving the parkland at the Greenside Park in the City of Eureka, CA (M St & 12th St, Eureka, CA 95501) with beautification upgrades and litter abatement. In addition to physical improvements, the project proposes to launch a litter abatement campaign on social media that will reach 1,000 people/week for 52 weeks in total and will host a ribbon cutting and litter abatement event with 200 people invited. I have filled this form out as the applicant for the purposes of showing how this would be accomplished and the results you might see from this.
Example Population Benefit Calculations:
Step 1. If your project has no infrastructure work, skip to Step 3.
Our project has infrastructure, so we continue to Step 2.
Step 2. If your project has infrastructure work, complete Tables 1 through 5 below. Information from tables 1 through 3 will be used to calculate the Infrastructure Work PB for both the overall and underserved community in Tables 4 and 5, respectively.
Table 1. Infrastructure Work – Direct PB (Overall and Underserved Community) • On line 1, list the census tract in which the project is located. • On subsequent lines, list all census tracts within ¼ mile radius of your project. If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with justification of your determination method. • Total column 3 and column 5.
42 203
Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(e.g. ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A 5 4,450 ACS5 4,450
2 Within a ¼ mile
radius. 6 4,998 ACS5 4,998
3 Within a ¼ mile
radius. 1 4,242 ACS5 4,242
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.
Population Totals (Overall) = 13,960 (Underserved) = 13,690 Why we filled in Table 1 as we did:
• We chose to use option 1 of the 5 options provided in the guidelines to determine if the community around the project is underserved. We looked up the project address in the 2019 American Community Survey 5- Year Estimates (ACS5) and found it is in census tract 5 with a population of 4,450 people and has a median income less than 80% of the State Median Income. This means the census tract qualifies as an underserved community. We logged this information on line 1 accordingly. • We drew a ¼ mile buffer around the project limits and then determined all other census tracts that fell totally or partially within the project site or buffer limits. Using the ACS5, two tracts met this criteria, census tracts 6 43 204
and 1, and both also qualified as underserved. We completed lines 2 and 3 accordingly.
• Note, you are not limited to one option when making the “underserved” determination. If a tract did not qualify as underserved on the ACS5, we could have also checked another option, such as the Healthy Places Index. If it qualified under one of the options, we could have designated that tract as underserved.
Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership.
Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 Redwood Transit System Route 500
2 Southern Humboldt Intercity Route 500
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes 1,000 Why we filled out Table 2 as we did:
We drew a ½ mile buffer around the project limits and determined what transit stops existed within the project limits or the buffer zone. We found two bus routes that stopped within a ½ mile of the project and logged the route information accordingly.
Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which is the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
44 205
• Calculate the average number of hours of all sites.
Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 Greenside Park 24
2 3
4 5
6 7
Average of Hours if Project Contains Multiple Sites 24
Why we filled in Table 3 as we did:
• The park will be accessible to the public 24 hours per day upon completion of the project. If we had multiple sites with different hours, we would have averaged the hours.
Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.
Table 4. Infrastructure Work PB (Overall)
(Direct PB
(Table 1, Column 3)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure Work
PB (Overall)
(4)
13,960 + 1,000 × 24 = 359,040
45 206
Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.
Table 5. Infrastructure Work PB (Underserved Community) (Direct PB
(Table 1, Column 5)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure
Work PB
(Underserved
Community)
(4)
13,960 + 1,000 × 24 = 359,040
Note, because all the tracts within a ¼ mile of the project qualified as underserved, the project’s Infrastructure Work PB (Overall) in Table 7 equals the project’s Infrastructure work PB (underserved community) in Table 8.
Step 3: If your application proposes educational campaigns or events about litter abatement, proper waste disposal, or how to do sanctioned artwork (as opposed to vandalism), use Table 6 to calculate PB of each non-infrastructure activity and total. If your application does not propose these activities, skip to Step 4.
Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run or the event will be held.
Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 Social Media Litter Abatement
Campaign 1000 x 52 = 52,000
2 Ribbon Cutting and Litter Abatement
Event 200 x 1 = 200
3 x =
4 x =
Total NI Work PB 52,200
46 207
Why we filled in Table 6 as we did:
• The project includes 2 non-infrastructure events, a media campaign that will reach 1,000 social media followers (the Activity 1 reach) once a week for 52 weeks (the Activity 1 dose) and a ribbon cutting and trash disposal education event to which 200 people (the Activity 2 reach) will be invited.
The ribbon cutting event is a one-time affair (the Activity 2 dose.) Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.
Table 7. Project’s PB (Overall)
Table 7. Project's PB (Overall)
Infrastructure Work PB
(Overall)
(From Table 4, Column 4)
(1)
+
Non-Infrastructure Work PB
(From Table 6, Column 3)
(2)
= Project's PB (Overall)
(3)
359,040 + 52,200 = 411,240
The number calculated here will be graded on a curve relative to other applications submitted to determine the percentage of the maximum possible 20 points to award.
Step 5. Calculate the Project’s Population Benefit (Underserved Community).
Table 8. Project’s PB (Underserved Community)
Table 8. Project's PB (Underserved Community)
Infrastructure Work PB
(Underserved
Community)
(From Table 5, Column 4)
(1)
+
Non-Infrastructure
Work PB
(From Table 6, Column 3)
(2)
=
Project's PB
(Underserved Community)
(3)
359,040 + 52,200 = 411,240
47 208
Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.
Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
411,240 ÷ 411,240 = 100%
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.
Table 10. Applicant’s Points for Scoring Component 3. Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3 Project’s Relative PB (Underserved Community) Project's Relative PB
(Underserved Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Points)
(3)
100% × 35 = 35
48 209
Appendix B1. Demonstrated Community Need Assessment Form This table measures the demonstrated need of the community to execute the goals of the program. Needs can be the community’s need for waste and debris reduction, beautification, enhanced public health, cultural connection, or another need. This component is worth a maximum of 50 points and up to 25 percent of the total application score. The score is based on the applicant’s answers to questions about the existing site or community conditions. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two (2) questions to answer, for a total of 10 questions. All applicants much answer question 1-1, as one of their two questions in Section 1. 49 210
Table 1: Demonstrated Community Need Assessment Form
Section 1: Answer question 1-1, and one other question of your choice.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Points Guidance Applicant Response Applicant's Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1 -1 5
Describe the evidence there is a
recurring litter or land misuse in the
project area under existing
conditions. Summarize trash
collection data or other empirical
data.
(Range 0-5pts.,
No evidence=
0pts.)
Use box below
1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project
site lack educational programs or
events about litter abatement or
proper waste disposal?
50 211
Section 2: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
51 212
Section 3: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.
52 213
Section 4: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant
Response
Applicant's
Self Score
To advance equity for
underserved
communities.
4-1 5
How does the percentage of
usable public space in the
underserved community
compare to the region's
average?
Below Average =
5pts.,
Average =3pts.,
Above Average =
0pts.
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
53 214
Section 5: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
Total Score from Sections 1 to 5:
Community Need Assessment
(Max Possible Points is 50)
0 54
215
Appendix B2. Project’s Outcomes Assessment Form
This form measures the proposal’s potential to accomplish the goals of the program. This component is worth a maximum of 40 points and up to 20 percent of the total application score. The score is based on the applicant’s answers to questions about anticipated project results. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two questions to answer, for a total of 10 questions.
55 216
Table 2: Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
56 217
Section 2: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant Response Applicant's Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses in the
project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to
the project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-5 4
What percentage of project site will
be improved with anti-graffiti/antivandalism solutions? 0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
57 218
Section 3: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 4
Will the project create or
enable a critical connection to
daily life destinations such as
school, medical care, jobs, or
groceries via walking, biking, or
transit?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-2 4 Will the project improve a
walking or biking route?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-3 4
Will the project improve or
rehabilitate an existing public
recreation space?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.
Not at all = 0 pts.
58 219
Section 4: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
59 220
Section 5: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
Total of Scores from Sections 1 to 5:
0 Project Outcomes
(Max Possible is 40)
60 221
Appendix B3. Example of Forms in Appendix B1 and Appendix B2 Completed for a Fictitious Project For demonstration purposes, this appendix contains completed Demonstrated Community Need Assessment and Project’s Outcomes Assessment forms based on a fictitious project.
Fictitious Project Summary:
One-acre public space that will include landscaping, shade trees, improved street furniture, new bins for proper waste disposal, enhanced lighting, a mural by a local artist, and upgrades to the bus stop shelter at the site. Youth volunteers will be recruited to help clean the space before improvements are made, and they will learn about litter abatement and the free dump days in the community. 61 222
Table 1: Completed Demonstrated Community Need Assessment Form Section 1: Answer question 1-1, and one of your choice.
Program Goal or
Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Points Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount
of waste and debris
within public rights-ofway, pathways, parks,
transit centers, and
other public spaces.
1 -1 5
Describe the evidence there is a
(Range 0-5pts., No
evidence= 0pts.) Use box below
recurring issue of trash production or
land misuse in the project area under
existing conditions. Summarize trash
collection data or other empirical
data.
Trash bins are always overflowing. The amount of trash has increased by approximately 300% 5 according to the maintenance department. Many people dump their garbage around the park.
Park walls have re-occurring graffiti. There have been citizen complaints and about garbage and broken benches. The park has seen reduced usage over the years due to safety concerns and poor lighting. Reservations for youth sports at the facility and picnic areas have reduced by 25%. 1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
No 5
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project site
lack educational programs or events
about litter abatement or proper
waste disposal?
62 223
Section 2: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
81 5
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
61 4
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
63 224
Section 3: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need
Assessment Question Point Guidance Applicant Response Applicant's Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.
Somewhat 3
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.
Yes 5
64 225
Section 4: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need
Assessment Question Point Guidance Applicant Response Applicant's Self Score
To advance equity for
underserved
communities.
4-1 5
How does the percentage of
usable public space in the
underserved community
compare to the region's
average?
Below Average =
5pts.,
Average =3pts.,
Above Average =
0pts.
Below Average 5
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
Yes 5
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
65 226
Section 5: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
35 4
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
75% 4
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
Total Score from Sections 1 to 5:
Community Need Assessment
(Max Possible Points is 50)
45 66
227
Table 2: Completed Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced.
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
100 4
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
80 4
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
67 228
Section 2: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
80 4
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses within
the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to the
project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting will be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 4
2-5 4
What percentage of project site will
be improved with anti-graffiti/anti
vandalism solutions?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
68 229
Section 3: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 4
Will the project create or
enable a critical connection to
daily life destinations such as
school, medical care, jobs, or
groceries via walking, biking, or
transit?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-2 4 Will the project improve a
walking or biking route?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-3 4
Will the project improve or
rehabilitate an existing public
recreation space?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
Yes 4
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.
Not at all = 0 pts.
Definitely 4
69 230
Section 4: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
100% 4
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
50 3
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
70 231
Section 5: Answer 2 questions below.
Program Goal or Objective ID #
Max.
Poss.
Pts.
Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
65 3
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 3
Total of Scores from Sections 1 to 5:
Project Outcomes
(Max Possible is 40)
37 71
232
City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401