December 17, 2024
Library and Community Services
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager – Community
Services
Sam Vaughn, Deputy Director of Community Services –
Office of Neighborhood Safety
Michael Romero, Community Crisis Response Program
Manager
Subject:
Contract with Bonterra Tech for Apricot 360 Case
Management and Data Management Software Services
FINANCIAL IMPACT: The proposed $87,260 expenditure for three years is included within the approved fiscal year 2024 – 2025
budget of the Community Crisis Response Program
(01401113-400201-RI200).
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
As part of program and case management software system
implementation, the Community Crisis Response Program
is requesting City Council approval of a contract with
Bonterra Tech to provide Apricot 360 for case management and data management services.
RECOMMENDED
ACTION:
APPROVE a contract with Bonterra Tech for the Apricot
360 case management software for the Community Crisis
Response Program for an amount not to exceed $87,260,
for a contract term from December 17, 2024 through
December 16, 2027 - Community Services (Sam Vaughn
510-620-5404/Michael Romero 510-620-6791).
AGENDA
REPORT
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December 17, 2024
DISCUSSION:
The Community Crisis Response Program (CCRP) seeks approval of a contract with Bonterra Tech for the Apricot 360 Case Management software for a term of three years, from the period of December 17, 2024 through December 16, 2027 (Attachment 1).
City staff is proposing the purchase of Apricot 360, as it will provide a case management system that will support the overarching implementation goals for CCRP.
Apricot 360 will provide specific tools to alleviate and better track significant client data that will support and provide specific metrics to aid program development.
In alignment with the City’s procurement process, City staff solicited three quotes from the following firms for the purchase and implementation of a case management system through individual contact:
Bonterra Tech
Eccovia
Salesforce
Of the three vendors contacted, only two provided written quotes: Bonterra Tech and Eccovia (Attachment 2). The quotes were then evaluated based on the following five standards:
Lowest price
User friendly software
Familiarity the data needs of other community crisis response programs
Ability to integrate with other Microsoft Tools such as Power BI Ability to provide extensive reporting capabilities
Using the standards listed above, Bonterra Tech’s Apricot 360 satisfactorily met each standard. Ultimately, City staff chose Bonterra Tech due to having the lowest quoted price and their previous known history working with similar community crisis response programs. The Apricot 360 case management system will aid the CCRP program development, assist in data management, and track program outcomes.
City staff is seeking approval of a contract for Bonterra Tech’s Apricot 360 software to provide case management and data management services for the period from December 17, 2024 to December 16, 2027, for the contract amount not to exceed $87,260.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Bonterra
Attachment 2 – Quotes from Bonterra and Eccovia
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CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“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. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
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 the Service Plan set forth in Exhibit A, 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.1032
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and 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. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
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]:
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Bonterra Order Q-80221
BONTERRA ORDER FORM
City of Richmond Bonterra Tech LLC
440 Civic Center Plaza 10801-2 N Mopac Expressway, Ste. 300 Richmond, California, 94804 Austin, Texas 78759
This Order Form (“Order”) is entered into and effective as of the last signature date (“Order Effective Date”) by and between the Customer named above and Bonterra Tech LLC. The Parties hereby agree as follows:
TERMS & CONDITIONS
A. AGREEMENT
This Order is subject to the Bonterra Tech Online Master Subscription and Services Agreement (“Agreement”) found at https://www.bonterratech.com/legal. Capitalized terms not otherwise defined in this Order have the meaning ascribed to them in the Agreement.
B. SERVICE DESCRIPTIONS
The description(s) for the Services ordered in the Fee Tables below can be found at the following links:
https://www.bonterratech.com/legal/product-terms-conditions If Services have been ordered, then the Services Statement of Work (SOW) is incorporated into this Order.
INVOICING
Annual Fees for the Subscription Term are invoiced upon the execution of this Order, then on an Annual basis thereafter per the terms of the Agreement. If the Customer is ordering additional Annual services, then the Annual Fees are invoiced upon the execution of this Order on a prorated basis for the remainder of the current coterminous term of the then current Subscription and then the full Annual Fees will be invoiced on an annual basis thereafter at the same time as the fees for the current Annual Subscription. Implementation Fees are invoiced upon completion of the following: One-half (50%) of Total Implementation Fees upon execution of this Order, One-half (50%) of Total Implementation Fees upon Go Live or ten (10) business days after delivery per the SOW (whichever occurs first).
C. SPECIAL TERMS AND CONDITIONS:
None
Fee Schedule
Customer will pay the following amounts for the Services in accordance with the terms of the Agreement:
SUBSCRIPTION FEES
Product Product Description Start Date End Date Quantity Unit Price Total Price Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails 10/1/2024 9/30/2025 20.00 $810.00 $16,200.00 Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails 10/1/2025 9/30/2026 20.00 $810.00 $16,200.00 Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments 10/1/2026 9/30/2027 20.00 $810.00 $16,200.00 1035
Bonterra Order Q-80221
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails
IM Training
Subscription
10/1/2024 9/30/2025 2.00 $1,500.00 $3,000.00
IM Training
Subscription
10/1/2025 9/30/2026 2.00 $1,500.00 $3,000.00
IM Training
Subscription
10/1/2026 9/30/2027 2.00 $1,500.00 $3,000.00
Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2024 9/30/2025 1.00 $6,000.00 $6,000.00 Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2025 9/30/2026 1.00 $6,000.00 $6,000.00 Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2026 9/30/2027 1.00 $6,000.00 $6,000.00
Discounts $0.00
Subscription Total $75,600.00
ONE-TIME FEES
Product Product Description Start Date Quantity Unit Price Total Price Impact
Management
Enterprise
Implementation
Fifteen (15) week Professional Services
engagement to implement one program in
Impact Management Enterprise 10/1/2024 1.00 $9,900.00 $9,900.00 1036
Bonterra Order Q-80221
Consulting
5 hour add-on to support an
implementation or expansion of an Impact
Management solution. Can be used for any
combination of: Discovery, Solution Design,
Configuration, Migration, Testing, Go-Live
Support, General Consulting. 10/1/2024 1.00 $1,540.00 $1,540.00 One Time Custom
SOW
Any combination of: Project Management,
Discovery, Solution Design, Configuration,
Migration, Testing, Go-Live Support, General
Consulting. 10/1/2024 1.00 $220.00 $220.00
Discounts $0.00
One-Time Total $11,660.00
Total Contract Value* $87,260.00
*The fees stated herein do not include applicable taxes; any applicable taxes will be applied at the time of invoicing.
This Order and terms herein are agreed to and accepted upon signature of Customer, or upon Customer’s remittance to Bonterra of a purchase order with the Quote/Order Number written above.
\s1\
\s2\
City of Richmond Bonterra Tech LLC
Name Name
Title Title
Date \d1\ Date \d2\
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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, photocopying, 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.
a. 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.
b. 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.
4. 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.
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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; or (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
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ 1039
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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 employer-employee 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, 1040
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_____________________________
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 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.
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_____________________________
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.
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 1042
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_____________________________
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 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 1043
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_____________________________
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 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 1044
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_____________________________
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, 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.
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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 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 1046
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 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, 1047
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1048
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”):
1049
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
1050
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
1051
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
1052
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1053
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1054
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1055
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
1056
2/1/2024
City of Richmond, CA
Crisis Response
Pricing Estimate
1057
Bonterra Order Q-80221
BONTERRA ORDER FORM
City of Richmond Bonterra Tech LLC
440 Civic Center Plaza 10801-2 N Mopac Expressway, Ste. 300 Richmond, California, 94804 Austin, Texas 78759
This Order Form (“Order”) is entered into and effective as of the last signature date (“Order Effective Date”) by and between the Customer named above and Bonterra Tech LLC. The Parties hereby agree as follows:
TERMS & CONDITIONS
A. AGREEMENT
This Order is subject to the Bonterra Tech Online Master Subscription and Services Agreement (“Agreement”) found at https://www.bonterratech.com/legal. Capitalized terms not otherwise defined in this Order have the meaning ascribed to them in the Agreement.
B. SERVICE DESCRIPTIONS
The description(s) for the Services ordered in the Fee Tables below can be found at the following links:
https://www.bonterratech.com/legal/product-terms-conditions If Services have been ordered, then the Services Statement of Work (SOW) is incorporated into this Order.
INVOICING
Annual Fees for the Subscription Term are invoiced upon the execution of this Order, then on an Annual basis thereafter per the terms of the Agreement. If the Customer is ordering additional Annual services, then the Annual Fees are invoiced upon the execution of this Order on a prorated basis for the remainder of the current coterminous term of the then current Subscription and then the full Annual Fees will be invoiced on an annual basis thereafter at the same time as the fees for the current Annual Subscription. Implementation Fees are invoiced upon completion of the following: One-half (50%) of Total Implementation Fees upon execution of this Order, One-half (50%) of Total Implementation Fees upon Go Live or ten (10) business days after delivery per the SOW (whichever occurs first).
C. SPECIAL TERMS AND CONDITIONS:
None
Fee Schedule
Customer will pay the following amounts for the Services in accordance with the terms of the Agreement:
SUBSCRIPTION FEES
Product Product Description Start Date End Date Quantity Unit Price Total Price Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails 10/1/2024 9/30/2025 20.00 $810.00 $16,200.00 Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails 10/1/2025 9/30/2026 20.00 $810.00 $16,200.00 Impact
Management
Enterprise
The Impact Management
Enterprise subscription is
priced per user and includes:
- Unlimited Sites
- 2 Administrative User
Assignments 10/1/2026 9/30/2027 20.00 $810.00 $16,200.00 1058
Bonterra Order Q-80221
- 20 Guest Users
- Maximum of 10 GB of
Storage
- Up to 5,000 Text Messages
per Month
- Unlimited Emails
IM Training
Subscription
10/1/2024 9/30/2025 2.00 $1,500.00 $3,000.00
IM Training
Subscription
10/1/2025 9/30/2026 2.00 $1,500.00 $3,000.00
IM Training
Subscription
10/1/2026 9/30/2027 2.00 $1,500.00 $3,000.00
Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2024 9/30/2025 1.00 $6,000.00 $6,000.00 Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2025 9/30/2026 1.00 $6,000.00 $6,000.00 Impact
Management
Enhanced
Support
Unlock the full potential of
your impact management
systems with a combination of
premium customer support
and a set of premium
professional services designed
to maximize your impact and
your funding.
Includes up to 24 hours of
consulting per year. 10/1/2026 9/30/2027 1.00 $6,000.00 $6,000.00
Discounts $0.00
Subscription Total $75,600.00
ONE-TIME FEES
Product Product Description Start Date Quantity Unit Price Total Price Impact
Management
Enterprise
Implementation
Fifteen (15) week Professional Services
engagement to implement one program in
Impact Management Enterprise 10/1/2024 1.00 $9,900.00 $9,900.00 1059
Bonterra Order Q-80221
Consulting
5 hour add-on to support an
implementation or expansion of an Impact
Management solution. Can be used for any
combination of: Discovery, Solution Design,
Configuration, Migration, Testing, Go-Live
Support, General Consulting. 10/1/2024 1.00 $1,540.00 $1,540.00 One Time Custom
SOW
Any combination of: Project Management,
Discovery, Solution Design, Configuration,
Migration, Testing, Go-Live Support, General
Consulting. 10/1/2024 1.00 $220.00 $220.00
Discounts $0.00
One-Time Total $11,660.00
Total Contract Value* $87,260.00
*The fees stated herein do not include applicable taxes; any applicable taxes will be applied at the time of invoicing.
This Order and terms herein are agreed to and accepted upon signature of Customer, or upon Customer’s remittance to Bonterra of a purchase order with the Quote/Order Number written above.
\s1\
\s2\
City of Richmond Bonterra Tech LLC
Name Name
Title Title
Date \d1\ Date \d2\
1060
December 17, 2024
City Manager's Office
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager – Community
Services
Patrick Seals, Administrative Chief
Nicholas Delgado, Associate Management Analyst
Guadalupe Morales, Associate Management Analyst
Subject:
FY 2025-2026 Environmental Community and Investment
Agreement (ECIA) Competitive Grant Program
FINANCIAL IMPACT: The ECIA provides $90 million in revenue to Richmond over a 10-year period. From this total, $6 million is
allocated to fund the competitive grant program to
support community programs and non-profits focused on
community, youth, and youth sports. An allocation of
$650,000 is proposed for the FY 2025-2026 grant cycle.
As in previous grant cycles, additional funding will be allocated to support staff time and a possible capacity- building program for community-based organizations.
(11771018-400201-2A111)
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City of Richmond and Chevron agreed to an
Environmental and Community Investment Agreement
(ECIA), to provide $90 million dollars to the Richmond
community over ten years to support various programs
including a competitive grant program. City staff
members are requesting City Council acknowledge
release of guidelines and application for the Fiscal Year (FY) 2025-2026 ECIA Community Grant Program for the
10th grant cycle.
AGENDA
REPORT
1061
December 17, 2024
RECOMMENDED ACTION:
ACKNOWLEDGE the release of the Request for
Application and Guidelines for the Fiscal Year 2025-2026 Environmental and Community Investment Agreement
(ECIA) Competitive Grant Program for Categories 1-4,
with an annual allocation of $650,000 – City Manager’s
Office (Patrick Seals/Nicholas Delgado/Guadlupe
Morales 510-620-6512).
DISCUSSION:
The Environmental and Community Investment Agreement (ECIA) Competitive Grant Program is entering into its 10th funding cycle for Richmond-serving organizations that support community, youth, and youth sports. Typically, the ECIA Competitive Grant Program has allocated $600,000 annually across four (4) categories, including the Competitive Grant Awards (990N and 990), City Council Approved Awards, and the Community Services Mini-Grant Awards. To date, the ECIA has awarded more than 185 grants totaling approximately $4 million.
Proposed FY 2025-2026 ECIA Grant Application and Guidelines
ECIA grant staff is bringing forth proposed guidelines and an application for the FY 2025-2026 ECIA Community Grant Program. To provide opportunities for organizations with different capacities and different financial needs to have access to grant funds, the $650,000 available for grants is allocated in the method described below (See Table 1):
Grant Award Options Award Decision
Made By Award Range(s)
Proposed
Award
Amount
1 Competitive Grant Awards
Gross Receipts Less than
$50,000
City Council
(Recommendations made
by ECIA Review Panel)
$10,000 -
$100,000
$500,000
2 Competitive Grant Awards
Gross Receipts More than
$50,000
City Council
(Recommendations made
by ECIA Review Panel)
3 City Council Approved
Awards City Council Amounts based on
Council discretion $50,000
4 Community Services Mini-
Grant Awards
(separate application)
Community Services
Department Up to $10,000 $100,000
TOTAL $650,0001
1 Final amounts may differ slightly
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Organizations are eligible to apply for and receive funding from multiple ECIA categories.
Categories 1 & 2: Competitive Grant Awards – Total Allocation of $500,000 For categories 1 and 2, organizations will be grouped based on their annual gross receipts (verified using 990s, 990-Ns, or audited financials). Organizations whose budgets are similarly situated will be reviewed in context with comparable organizations.
The major components of the competitive grant program include the following:
Funding Allocations:
o $500,000 is available to award to organizations under categories 1 and 2 o A maximum of $100,000 is available to organizations with annual budgets over $750,000 (per last completed 990s or audited financials)
Eligibility Requirements:
o Per the ECIA, organizations must provide services focused on the community, youth, and/or youth sports to Richmond and North Richmond residents
o Organizations must operate as a non-profit entity with 501(c)(3) tax status with current financial statements (i.e., Filed I.R.S. Form 990 or 990-N or current audited financials). Fiscal sponsors may be used. o A minimum of 80 percent (80%) of the organization’s proposed grant-funded program/services must be provided to Richmond residents. Richmond-based organizations will receive extra points through the application review process.
If awarded an ECIA grant, grant funds may only be spent serving Richmond residents.
o Organizations that received an ECIA grant award of more than $10,000 during the FY 2024-25 grant cycle (current grant cycle) are not eligible to apply during the FY 2025-26 ECIA grant cycle.
Application Submission Requirements:
o Completed application
o Proof of 501(c)(3) status
o Financial statements
o List of Board of Directors and affiliations
o Signed agreement between the organization and the fiscal sponsor, if applicable
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Tentative schedule (subject to change)
TASK DATE(S) (Tentative)
Application Release Date January 2, 2025
FY 2025-26 ECIA Information Session January 2024
Applications Due (No Exceptions) February 9, 2025, by 11:59 p.m.
Application Review and Scoring March – April 2025
City Council Review and Approval April 2025
Grant Award Notification May 2025
Grant Award Period July 1, 2025 - June 30, 2026
Category 3: City Council Approved Awards - Total Allocation of $50,000 A total of $50,000 is allocated for Category 3 which allows for the re-evaluation of applications submitted by organizations that applied for the ECIA Grant (through categories 1 and 2), met all submission requirements, were evaluated by the ECIA Grant Review Committee, but were not recommended for funding. The City Council Ad Hoc Committee, currently consisting of Councilmembers Bana, Zepeda, and Willis, will make a recommendation to the full City Council regarding grant awards in May 2025. City staff will then enter into grant agreements with the organizations.
Category 4: Community Services Mini-Grant Award Allocation – Total Allocation of $100,000
A total of $100,000 is allocated for Category 4 - Community Services Department (CSD) Mini-Grant Awards. Grant awards will be up to $10,000, and the number of awards available is determined based on the amount of each award. The Richmond Community Services Department mini-grant program is a component of the ECIA Grant Program.
Richmond-serving organizations that provide services that meet the needs of the community and youth, and that partner with and/or consistently utilize facilities managed by the Community Services Departments can apply for the mini-grant (Attachment 3).
Grant applications are reviewed and scored by a review panel that may consist of representatives from the Community Services Department, Recreation and Parks Commissioners, and/or community members. Grant award amounts are on a reimbursement basis; however, if needed, organizations can request advance payments.
The tentative schedule associated with the application and administration of the CSD Mini-Grant follows that of the ECIA Category 1 and 2 noted above, with an application release date of January 2, 2025, and a due date of February 9, 2025.
Next Steps
City staff is requesting that City Council acknowledge release of the FY 2025-2026 guidelines and application, and be aware that staff may make changes, as needed, for clarification purposes and logistics.
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SYNERGISTIC POLICIES:
Environmental and Community Investment Agreement - The City of Richmond and Chevron agreed to an Environmental and Community Investment Agreement (ECIA), to provide $90 million dollars to the Richmond community over ten years. This included investments in community programs, competitive community grants, community-based greenhouse gas reduction programs and a photovoltaic solar farm. The initial ECIA ("initial ECIA") was adopted by the Richmond City Council on July 29, 2014. The City Council adopted the current amended ECIA ("current amended ECIA") on December 15, 2015.
DOCUMENTS ATTACHED:
Attachment 1 – FY 2025-2026 Richmond ECIA Community Grant Program Guidelines
Attachment 2 – FY 2025-2026 Richmond ECIA Community Grant Program Application
Attachment 3 – FY 2025-2026 CSD Mini-Grant Program Guidelines Attachment 4 – FY 2025-2026 CSD Mini-Grant Program Application 1065
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FY 2025-2026
RICHMOND - ENVIRONMENTAL & COMMUNITY INVESTMENT
AGREEMENT (ECIA)
COMMUNITY GRANT PROGRAM GUIDELINES &
APPLICATION
REQUEST FOR APPLICATION (RFA)
All interested applicants should check the City’s ECIA website (www.ci.richmond.ca.us/ECIAgrants) to ensure that they receive any addendums to this RFA, emails or special announcements.
Application is due on Sunday, February 9, 2025, at 11:59 p.m. (NO EXCEPTIONS)
Materials must be submitted electronically to:
www.ci.richmond.ca.us/ECIAapplications
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RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT GUIDELINES AND APPLICATION
Table of Contents
ECIA Background ........................................................................... 3
Eligibility Requirements ................................................................... 4
Grant Award Amounts and Categories ........................................... 4
Eligible Uses of Grant Funds .......................................................... 5
Ineligible Uses of Grant Funds ........................................................ 5
Fiscal Sponsorships ........................................................................ 6
Collaborating Organizations ............................................................ 7
Application Submission Requirements ............................................ 7
Application Submission Details ....................................................... 8
Payment Provisions ........................................................................ 8
Review Criteria ............................................................................... 9
Application Review and Selection Process ....................................10
Application Deadline ..................................................................... 11
Late Application or Modification to Applications ............................ 11
Applicant Assistance Prior to Due Date ........................................ 11
Schedule ....................................................................................... 11
Questions or Addendums to the Applications ............................... 11
Grantee Requirements .................................................................. 12
City Staff Contact .......................................................................... 12
General Terms and Conditions ..................................................... 13
Exhibits ......................................................................................... 14 1067
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RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT APPLICATION GUIDELINES
ECIA BACKGROUND
On July 29, 2014, the Richmond City Council approved the Chevron Environmental and Community Investment Agreement (ECIA), which will invest $90 million dollars to the Richmond community over 10-years. The ECIA includes investments in community programs, a scholarship program, competitive community grants, community-based greenhouse gas reduction programs, and a photovoltaic solar farm.
The ECIA specifies the amount and disbursement timeline of Chevron’s funding obligation, as well as funding allocations over a ten-year period (beginning in 2016) for the following programs:
Scholarship program - $35 million
Electric City and Easy Go - $18 million
Roof-top solar, energy retrofit, zoning ordinance update - $6.25 million Job training program - $6 million
Competitive grant program - $6 million
Transportation and transit programs - $2.75 million
Public safety programs - $2 million
Urban Forestry - $2 million
Free internet access - $1 million
Climate Action Plan - $1 million
It is proposed that $650,000 is allocated for the FY 2025-26 grant cycle.
It is the goal of the Richmond City Council to provide opportunities for organizations with varying capacities and financial needs to have access to ECIA grant funds. ECIA grant funds are awarded on an annual basis and therefore, organizations should not become reliant on this funding source. All Richmond-serving non-profit organizations are eligible to apply for funding; however, in an attempt to fund a variety of organizations, the City Council would like to allocate the majority of the available grant funding to organizations that have smaller annual budgets, greater needs for capacity building and limited staffing, and that might not have access to other forms of funding.
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ELIGIBILITY REQUIREMENTS
Organizations must meet the following conditions to be eligible to apply for a grant:
Provide services focused on the community, youth and/or youth sports to Richmond and North Richmond residents
Operate as a non-profit entity with 501(c)(3) tax status with current financial statements (i.e., Filed I.R.S. Form 990 or 990-N or current audited financials). Fiscal sponsors can be used.
Provide services to Richmond residents (Richmond-serving) A minimum of 80 percent of the organization’s proposed grant-funded programs/services must be provided to Richmond residents. If awarded an ECIA grant, grant funds can only be spent serving Richmond residents.
Note: Organizations that received an ECIA grant award of more than $10,000 during the previous (FY 2024-25) ECIA grant cycle are ineligible to apply in the current grant cycle (FY 2025-26).
GRANT AWARD AMOUNTS AND CATEGORIES
Grant allocation amount: The amount available for the FY 2025-2026 grant cycle (July 1, 2025 – June 30, 2026) is $650,000.
Minimum and maximum grant awards: The minimum grant award is $5,000. The maximum grant award is $500,000. The number of awards available will be determined based on the amount of each award.
Number of applications per grant cycle: Organizations may submit only one application per grant cycle.
Award categories: $650,000 available for grants is allocated over four different categories listed below. Categories 1 and 2 are relevant to this Request for Application:
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Grant Award
Options
Eligibility Award Decision
Made By
Award Range Total Award
Amount
1 Competitive
Grant Awards
(Relevant for this
Application)
Non-profit organizations
reporting gross receipts of
less than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
$10,000 -
$100,000
$500,000
See Special
Note Below
2 Competitive
Grant Awards
(Relevant for this
Application)
Non-profit organizations
reporting gross receipts of
more than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
3 City Council
Approved
Awards
Organizations that applied
for the ECIA Grant
(categories 1 and 2) but
were not recommended
for funding
City Council Amounts based
on Council
discretion
$ 50,000
4 Community
Services Mini-
Grant Awards
Non-profit organizations
with 501(c)(3) tax status
with programming
connected to the
Community Services
Department
Community
Services
Department
Up to $10,000 $ 100,000
TOTAL $650,000
SPECIAL NOTE:
A maximum of $100,000 in grant awards is available to organizations with annual budgets over $750,000 (per last completed 990s or audited financials).
ELIGIBLE USES OF GRANT FUNDS
Grants will be awarded to projects or programs in the following areas:
Youth programs (through age 21)
Youth sports programs (through age 21)
Community-focused programs
*Youth-serving organizations are defined as those organizations where 80% of ECIA grant-funded programs/services will be provided to youth (birth through age 21)
Examples of eligible projects or programs include but are not limited to:
Youth enrichment projects
Summer camps
Youth sports programs
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Programs that support health and wellness and eliminate health disparities Bike and pedestrian pathway enhancements and construction projects Programs that support students and parents at Richmond schools Service-learning programs
Gardening and urban greening projects
INELIGIBLE USES OF GRANT FUNDS
Grant funds may not be used for the following reasons:
Repayment of existing debt or pre-existing tax liens or obligations Legal, loan, or bank fees
Subsidization of existing contracts
Political campaigns or lobbying
Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated groups)
Fundraisers or other events not open to the general public A project or program which is clearly intended for commercial gain A project or program that occurs before or after the grant award period Support of individuals
For businesses established for personal benefit or profit To support annual fund drives
To fund an agency’s deficit or endowment
To repay loans
Furniture
Cell phones
Bonuses
For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.
FISCAL SPONSORSHIPS
What types of organizations should utilize a fiscal sponsor? A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.
What is fiscal sponsorship?
Fiscal sponsorship allows organizations without 501(c)(3) tax status to apply for the ECIA grant, as well as other grants that require an organization to have such status. A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
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The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.
How does a fiscal sponsorship work for the ECIA grant process?:
The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee. Fiscal sponsors can also apply for grants.
In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.
COLLABORATING ORGANIZATIONS
Through this grant program, the City strongly encourages applicants to collaborate with other organizations. Collaboration is a mutually beneficial relationship to meet a common goal. Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies.
For purposes of this grant, when partnering with another organization, the application and budget of the lead organization will be considered for review and determination of funding. Therefore, the partnering organization is free to apply independently for funding for another project or program.
If the successful implementation of your proposed ECIA grant-funded program is dependent on the collaboration with a governmental entity (i.e., state, county, city, school district, etc.), then a written agreement authorizing the collaborative relationship must accompany your grant application. At a minimum, the agreement should contain the following information: names of the government entity(ies) or agency(ies) which will participate in the collaboration, contact information for the partner(s), and a description of the primary purpose of the collaboration. For example, if the implementation of your proposed program is contingent upon working at a school in the West Contra Costa County Unified School District or utilizing space at a Richmond recreation center, then a letter from the collaborating entity must agree to the proposed partnership.
APPLICATION SUBMISSION REQUIREMENTS
The following materials must be submitted as part of a complete application packet by 11:59 p.m. on Sunday, February 9, 2025, to be considered for funding (feel free to use this section as a check -list). The inability to adhere to the requirements below may impact an organization’s overall scores:
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Completed application
o Eight (8) pages
o Applicant Organizational Budget
o Applicant Program Budget
Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service) or fiscal sponsor’s corresponding documents Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements. List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents
Letter describing and authorizing collaboration (if with a governmental entity), if applicable
Signed agreement between the organization and the fiscal sponsor, if applicable
Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov and the State of California Department of Justice - https://oag.ca.gov/charities). Applications submitted by organizations not identified with “active” or “current” status may be disqualified.
For organizations with 501(c)(3) tax status, City staff may check websites such as the Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather additional information about the applicant organization.
APPLICATION SUBMISSION DETAILS
Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents. The responses to the application questions shall be limited to eight (8) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
Staff will correct organizational budget to financial statements submission with the application.
All submitted materials should be typed in a 12 point font size and Arial font style.
Applications must be easily reproducible on a standard copying machine. All costs incurred in the preparation of an application are the applicant’s responsibility. Applications must be completed and submitted electronically via www.ci.richmond.ca.us/ECIAapplication by Sunday, February 9, 2025, at 11:59 p.m.
Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.
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PAYMENT PROVISIONS
An initial advance payment of fifty percent (50%) of the total award amount will be advanced to all grantees as part of the application award process. Grantees receiving an advance payment may be eligible for an additional advance of thirty-five percent (35%) of the award amount, contingent upon the submission of complete and adequate reporting and invoicing documentation. The remaining fifteen percent (15%) will be reserved until the completion of the grant program and final submittal of all required documentation.
Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.
REVIEW CRITERIA
All submitted applications, which comply with the grant requirements, will be evaluated and rated using the criteria listed below. The maximum score that an application can receive is 110 points. This includes 100 points from criteria areas #1-5 and an extra 10 points if the organization is Richmond-based (10 points)
Total Points Available for Criteria Areas #1-5: 100 Points
1. Program/Project Description and Concept (Total 40 points) Applicant adhered to all stated guidelines
Application is complete, clear and understandable
Program/project description and components are clearly stated and specific Timeline is practical, and the proposed activities are well defined and technically feasible
Management and staff are qualified to implement the project or program and achieve stated goals
Staff has experience working on the project or program and/or similar programs or projects
A collaborative initiative is described to deliver the program or project
2. Impact and Goals (Total 40 points)
The program or project has the ability to positively contribute to the targeted population
Goals are clearly articulated and measurable
An evaluation component is included and connected to the program goals The organization has a plan on how to sustain the program or project after grant funds are expended
3. Financial Viability (Total 20 points)
Program/project budget and organizational budgets are included, clearly defined, cost-effective, accurate and realistic
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Relationship between grant funds requested and the program budget is clearly shown
Total Extra Points Available to Richmond-based organizations (10 Points) Richmond-based is defined as maintaining principal offices, studios, or other facilities within the boundaries of the City of Richmond. Applicable to organizations providing services (sponsoree), not fiscal sponsors.
APPLICATION REVIEW AND SELECTION PROCESS
The City's overall objective is to award grants to highly qualified organizations that provide needed services to Richmond and North Richmond residents. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent.
Applications will be evaluated and scored by a City Council-approved ECIA Grant Review Panel (Review Panel) consisting of no more than five (5) individuals residing in or employed in Richmond (not City of Richmond employees).
The selection process is divided into the following steps:
1. Applications are received by the due date.
2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.
3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation to City Council. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.
4. The Review Panel’s recommendations are forwarded to the City Council for review, discussion, and approval.
Any party applying shall not contact or lobby any City Council member, ECIA Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFA. Any party attempting to influence or circumvent the RFA, application submittal, and/or review process may have their application rejected for violating this provision of the RFA.
All scores are final. There is no grievance process.
Copies of Review Panel comments and scoring will be made available upon request.
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APPLICATION DEADLINE
The deadline to submit an application and all relevant attachments is Sunday, February 9, 2025, at 11:59 p.m. There are no exceptions for applications submitted after the deadline.
LATE APPLICATIONS OR MODIFICATIONS TO APPLICATIONS
Applications submitted after the specified date and time will not be considered.
Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.
APPLICANT ASSISTANCE BEFORE DUE DATE
Capacity Building - The City, recognizing the technical, skill-based components of a grant application process, may provide free capacity-building workshops in 2024. The dates and times of all subsequent workshops will be shared via the City’s ECIA website. Although recommended, organizations are not required to attend any of the capacity-building workshops offered by the City.
SCHEDULE
The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.
TASK DATE
Application Release Date January 2, 2025
FY 2025-26 ECIA Information Session January 2025
Applications Due (No Exceptions) February 9, 2025, by 11:59 p.m.
Application Review and Scoring March – April 2025
City Council Review and Approval April 2025
Grant Award Notification May 2025
Grant Award Period July 1, 2025 - June 30, 2026
QUESTIONS OR ADDENDUMS TO THE APPLICATIONS
It is strongly recommended that o rganizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx) to ensure that they receive any addendums to or notifications regarding this RFA or the ECIA grant program.
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Any requests for clarification or other questions concerning this RFA should be submitted in writing to City staff via [email protected].
GRANTEE REQUIREMENTS
If awarded a grant, organizations will be required to do the following:
A Grant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within three (3) months of execution of the grant agreement. The scope of work will be based on the application submitted.
Submit bi-annual progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - Reports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o Funding Requests – Requests must include the necessary documents to substantiate the disbursement (e.g., receipts, timecards, payroll records, etc.).
Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding.
Host City staff and/or members of the Review Panel for one or more site visit and/or program evaluation.
Published program materials shall include the City seal or logo and shall state, “Made possible in part by the Richmond-ECIA Community Grant Program.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.
Complete and submit a W-9 form and Supplemental Vendor Application.
Obtain a City of Richmond business license. Organizations are responsible for all associated fees. Information can be found at
http://www.ci.richmond.ca.us/66/Business-Licenses.
Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community-based organization acting as the sub-grantee. Organizations may use grant awards to cover insurance costs.
CITY STAFF CONTACT
For inquiries or clarification regarding this program or application, please contact ECIA staff at [email protected] or Patrick Seals, Richmond Department of Children & Youth at (510) 307-8016.
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GENERAL TERMS AND CONDITIONS
Background Checks: Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.
Limitations: All facts and opinions stated herein are based upon available information and no representations or warranties are made with respect to their accuracy or completeness.
The application and the selection process shall in no way be deemed to create a binding contract, agreement, or offer of any kind between the City and the applicant organization.
If the City selects a grantee pursuant to this RFA, any legal rights and obligations between the successful applicant, if any, and the City will come into existence only when a grant agreement is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the grant agreement and any other documents specifically referred to in that grant agreement.
Each organization submitting applications in response to this RFA agrees that the preparation of all materials for submittal to the City are at the organization’s sole cost and expense, and the City shall not, under any circumstances, be responsible for any costs or expenses incurred by any candidate. In addition, each organization agrees that all documentation and materials submitted in response to this RFA shall remain the property of the City and may be used by the City for any reason whatsoever. In accordance with California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information.
Award: The City reserves the right to accept or reject any or all applications, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason whatsoever, to waive any defects in any application, to issue a new RFA at any time, or to provide a grant to any organization it deems appropriate in its sole and absolute discretion within or outside of the RFA evaluation process. City reserves the right to terminate a grant agreement within sixty (60) days without cause. All materials submitted become the property of the City and will not be returned. Funds awarded are public funds and any information submitted or generated is subject to public disclosure requirements, including the Public Records Act.
Federal, State and Local Laws: As part of the RFA process, the selected grantee will be required to comply with all applicable federal, state and local laws, including the City of Richmond’s Nondiscrimination Ordinance (Chapter 2.28), Business Opportunity Ordinance (Chapter 2.50), Local Employment Program Ordinance (Chapter 2.56), and Living Wage Ordinance (Chapter 2.60), if applicable. Please contact the City Attorney’s office for further information regarding the above requirements.
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2025-2026 ECIA COMMUNITY
GRANT PROGRAM APPLICATION
APPLICATION DEADLINE: Sunday, February 9, 2025, NO LATER THAN 11:59 p.m.
SECTION I – ORGANIZATION INFORMATION
Community-Based Organization Information (Applicant Information):
Fiscal Sponsor (Organization with 501(c)(3) tax status:
Name of Organization:
Click here to enter text.
Executive Director Name:
Click here to enter text.
Organization Address:
Click here to enter text.
Project Manager Name (primary contact for
the grant):
Click here to enter text.
Project Manager Title:
Click here to enter text.
Phone Number:
Click here to enter text.
Email Address:
Click here to enter text.
Program/Project Budget:
Program/Project Budget:
$ Click here to enter text.
Amount of Grant Funds requested:
$ Click here to enter text.
Organizational Budget:
$ Click here to enter text.
Fiscal-Sponsor Budget (If applicable):
$ Click here to enter text.
Program/Project:
Program/Project Title: Click here to enter text.
Program Project Summary (50-word limit): Click here to enter text.
% of Richmond Residents Served by Your Proposed Program/Project?: Click here to enter text.
Will Your Program or Project Serve Youth (through age 21)?: Click here to select “Yes” or “No”
Please select one (1) category that BEST describes the type of project or program that your organization plans to provide with the requested grant funds from the drop-down list:
CLICK HERE and Select the program category from the drop-down.
Name of Organization:
Click here to enter text.
Executive Director Name:
Click here to enter text.
Organization Address
Click here to enter text.
Project Manager Name (primary contact for
the grant):
Click here to enter text.
Project Manager Title:
Click here to enter text.
Email Address:
Click here to enter text.
Phone Number:
Click here to enter text.
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2025-2026 ECIA COMMUNITY
GRANT PROGRAM APPLICATION
SECTION 2 – PROGRAM/PROJECT DESCRIPTION
a. Provide information about your organization (e.g., number of years in operation, description of services provided and the population served).
Click here to enter text.
b. Describe in detail the program or project your organization is proposing to implement with the grant funds. Clearly list the major components or aspects of your program or project.
Click here to enter text.
c. Provide a timeline for project implementation using the template below. Include specific tasks/activities that will be accomplished within each quarter.
Task/Activities Month
1st Term (July 1– December 31)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
2nd Term (January 1– June 30)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
d. List the staff members responsible for the implementation of the program or project. Briefly describe the staff’s experience working on the proposed program/project and/or similar projects. Include résumés or provide descriptions of work experience with each copy of the application.
Click here to enter text.
e. If you plan to collaborate with other entities (i.e., non-profits, governmental entities, private entities) to implement your program or project, please complete the table below.
Note: A letter of collaboration must be included as a part of your application ONLY IF your organization plans to partner with a government entity(ies) (e.g., city, state, county, school district, etc.).
Partner Specific Role:
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
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2025-2026 ECIA COMMUNITY
GRANT PROGRAM APPLICATION
SECTION 3 – PROJECT IMPACT AND GOALS
a. Describe the target population and geographic area that your organization plans to serve with the grant funds and what impact the proposed program or project will have on the target population.
Click here to enter text.
b. List the number of individuals that will be served as a result of your program or project.
Total Number of Individuals Served by
Proposed ECIA Funded Program or
Project
Total Number of Richmond Residents
Served by Proposed ECIA Funded
Program or Project
Click here to enter text.
Click here to enter text.
c. List the major program or project goal(s) and how your organization will measure if you reach your desired goal. The goal should be measurable and data-driven. There should be at least one (1) expected outcome per major program or project component.
Major Program
Component(s)
Major Program
Outcome(s)
Indicator/
Measurement
Goal Evaluation
Method
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
d. How will your organization assess or gauge the success of your pr ogram/project at its completion?
Click here to enter text.
e. How do you plan to sustain the program or project after the grant funds are expended? Click here to enter text.
SECTION 4 – FINANCIAL VIABILITY
a. Attach your organizational budget to each copy of the application. The organizational budget can be submitted in any format as long as it shows revenue and expenditures for your organization’s current operating year.
b. Complete the program budget table using the provided MS Word or MS Excel template to complete the table.
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FY 2025-26 ECIA Grant Application - 4-
2025-2026 ECIA COMMUNITY
GRANT PROGRAM APPLICATION
ECIA GRANT APPLICATION SUBMISSION ACKNOWLEDGMENT
This page should be included in your application packet. It will not count toward your page limit.
By submitting this application and the supporting application materials, you agree that:
• You are an Officer on the Board of Directors of the organization submitting the grant application
• You have thoroughly read and understand the grant program guidelines and application questions and City of Richmond requirements (business license, insurance, and grant agreement)
• All questions contained in the application have been answered and the following required documents are included as part of our application packet:
☐Completed application (all sections completed and questions answered, including resumes)
☐Organizational budget
☐Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service)
☐Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N. Reviewed or compiled annual financial statements are allowable for faith-based organizations.
☐List of Board of Directors and their affiliations
☐Letter describing and authorizing collaboration with a governmental entity(ies), if applicable
☐Signed agreement between the organization and the fiscal sponsor, if applicable
• Your organization will obtain comprehensive background checks and/or fingerprinting of all employees and/or volunteers.
• Volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations.)
• To the best of your knowledge, the information included as part of this application is true and accurate
------------------------------------------
Click here to enter Organization Name.
Click here to enter a date from drop-down.
Click here to enter Name of Board Officer.
Click here to enter Title of Board Officer.
Signature – Officer of Board
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FY 2025-2026
CITY OF RICHMOND
COMMUNITY SERVICES DEPARTMENT MINI GRANT PROGRAM
GUIDELINES & APPLICATION
REQUEST FOR APPLICATION (RFA)
All interested applicants should check the City’s CSD Mini Grant website (https://www.ci.richmond.ca.us/3508/CSD-Mini-Grant-Program) to ensure that they receive any addendums to this RFA, emails or special announcements.
Application is due on Sunday, February 9, 2025, at 11:59 p.m. (NO EXCEPTIONS)
Materials must be submitted electronically to:
https://www.ci.richmond.ca.us/3508/CSD-Mini-Grant-Program
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
2 Table of Contents
CSD Mini Grant Program Background ........................................... 3
Eligibility Requirements .................................................................. 3
Grant Award Amounts and Categories ........................................... 4
Mini-Grant Program Timeline and Deadlines ................................. 5
Eligible & Ineligible of Grant Funds ................................................ 5
Fiscal Sponsorships ....................................................................... 6
Application Submission Requirements ........................................... 7
Payment Provisions ....................................................................... 8
Review Criteria ............................................................................... 8
Application Review and Selection Process .................................... 9
Grantee Requirements ................................................................. 10
City Staff Contact ......................................................................... 11
General Terms and Conditions .................................................... 11
Exhibits......................................................................................... 12
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
3 BACKGROUND
The Richmond Community Services Department (CSD) Mini-Grant, a component of the Richmond Environmental Community Investment Agreement (ECIA) Grant Program (Category 4), was approved by the City Council in January 2017. In alignment with the ECIA Grant, the Community Services Grant provides support for those organizations that serve the needs of community, youth, and youth sports. The CSD Mini-Grant is designed to support organizations that are Richmond-serving and that partner with and/or consistently utilize facilities managed by the Community Services Department, Recreation Division.
It is proposed that $100,000 is allocated for the FY 2025-26 grant cycle.
ELIGIBILITY REQUIREMENTS
Organizations must meet the following conditions to be eligible to apply:
• Provide services focused on the community, youth, and/or youth sports to Richmond and North Richmond residents.
• Operate as a non-profit entity with 501(c)(3) tax status with current financial statements (i.e., Filed I.R.S. Form 990 or 990-N or current audited financials) in good financial standing and is currently in compliance with applicable California Department of Justice and Secretary of State requirements. Fiscal sponsors can be used. • Provide services to Richmond residents (Richmond-serving) o A minimum of 80% of the organization’s proposed grant-funded programs/services must be provided to Richmond residents. If awarded a mini grant, grant funds can only be spent serving Richmond residents. • NOTE: For Category 4, the proposal must support programs and/or projects that make use of the CSD’s aquatic centers, community centers, parks, and the Richmond Memorial Auditorium.
Note: Organizations that received an ECIA grant award of more than $10,000 during the previous (FY 2024-25) ECIA grant cycle are ineligible to apply in the current grant cycle (FY 2025-26).
GRANT AWARD AMOUNTS AND CATEGORIES
Grant allocation amount: The total amount available for the overall ECIA Grant Program FY 2025-2026 grant cycle (July 1, 2025 – June 30, 2026) is $650,000.
Minimum and maximum grant awards: The minimum grant award is $5,000. The maximum grant award is $10,000. The number of awards available will be determined based on the amount of each award.
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
4 Number of applications per grant cycle: Organizations may submit only one application per grant cycle.
Award categories: $650,000 available for grants is allocated over four (4) different categories listed below. Category 4 is relevant to this Request for Application:
Grant Award
Options
Eligibility Award Decision
Made By
Award
Range
Total
Award
Amount
1 Competitive
Grant Awards
(900N)
Non-profit
organizations
reporting gross
receipts of less than
$50,000 annually
City Council
(Recommendations
made by ECIA
Review Panel) $10,000 -
$100,000
$ 500,000
2 Competitive
Grant Awards
(900)
Non-profit
organizations
reporting gross
receipts of more
than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
3 City Council
Approved
Awards
Organizations that
applied for the ECIA
Grant (categories 1
and 2) but were not
recommended for
funding
City Council
Amounts
based on
Council
discretion,
minimum at
$10,000
$ 50,000
4 Community
Services Mini-
Grant Awards
(Relevant to
this Request
for
Application)
Non-profit
organizations with
501(c)(3) tax status
with programming
connected to the
Community
Services
Department
Community Services
Department
Up to
$10,000 $ 100,000
TOTAL $650,000
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
5 GRANT FUNDS AVAILABLE
The total amount available for the FY 2025-2026 grant cycle (July 1, 2025 – June 30, 2026) is $100,000. Grant awards can be up to $10,000, and the number of grant awards available will be determined based on the amount of each award, awarded in amounts of $5,000 or $10,000.
Grant awards will be paid on a reimbursement basis. Decisions regarding grant award amounts and advance payments will be based on the discretion of the CSD and the review panel.
MINI-GRANT PROGRAM TIMELINE AND DEADLINES
TASK DATE
Application Release January 2, 2025
FY 2025-26 ECIA Information Session January 2025
Application Deadline February 9, 2025
Grant Application Review and Scoring February – March 2025 Review and Approval April – May 2025
Grant Award Notification April – May 2025
Grant Award Period (Start Date is Dependent
Upon Execution of Grant Agreement)
July 1, 2025 – June 30, 2026
DEADLINE TO SUBMIT APPLICATIONS
The grant application opens on Tuesday, January 2, 2025, and the deadline to submit applications is Sunday, February 9, 2025, at 11:59 p.m. Note that the grant application portal will automatically close at that time and applications will no longer be accepted.
ELIGIBLE AND INELIGIBLE USES
Grants are available to support youth programs (through age 21), youth sports programs (through age 21), and community-focused programs and/or projects that make use of the CSD’s aquatic centers, community centers, parks, and the convention center.
Eligible uses include but may not be limited to:
• CSD facility fees
• Youth enrichment projects
• Summer camps
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
6 • Youth sports programs
• Programs that support health and wellness and eliminate health disparities • Bike and pedestrian pathway enhancements and construction projects • Programs that support students and parents at Richmond schools • Service- learning programs
• Gardening and urban greening projects
Ineligible uses include but may not be limited to:
• Repayment of existing debt or pre-existing tax liens or obligations • Legal, loan, or bank fees
• Subsidization of existing contracts
• Political campaigns or lobbying
• Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated groups)
• Fundraisers or other events not open to the general public. • A project or program which is clearly intended for commercial gain • A project or program that occurs before or after the grant award period • Support of individuals
• For businesses established for personal benefit or profit • To support annual fund drives
• To fund an agency’s deficit or endowment
• To repay loans
• Furniture
• Cell phones
• Bonuses
• For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.
FISCAL SPONSORSHIPS
What types of organizations should utilize a fiscal sponsor? • A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.
What is fiscal sponsorship?
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
7 • Fiscal sponsorship allows organizations without 501(c)(3) tax status to apply for the ECIA grant, as well as other grants that require an organization to have such status. • A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
• The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
• Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.
How does a fiscal sponsorship work for the ECIA grant process? • The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
• A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee. • Fiscal sponsors can also apply for grants.
• In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.
APPLICATION SUBMISSION REQUIREMENTS
The grant applications may be submitted through Sunday, February 9, 2025, by 11:59 p.m., via the online application form on the main CSD Grant subpage. We only accept grant applications submitted through the online application portal--all other submission formats are not accepted.
The following materials must be submitted as part of a completed application packet:
o Completed online application, including budget (all sections completed, and questions answered).
o Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal o Revenue Service) or fiscal sponsor’s corresponding documents City of Richmond. o Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements. o List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents o Letter describing and authorizing collaboration (if with a governmental entity), if 1089
COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
8 applicable
o Signed agreement between the organization and the fiscal sponsor, if applicable
Your application will be disqualified if your organization:
● Submits more than one (1) application per fiscal year. ● Submits an application in a format other than the online form portal. ● Submits an incomplete application.
● Requests grant funding for one-time special events with no supplemental enrichment programming.
● Requests grant funding solely for sports teams travel expenses.
Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov/ and the State of California Department of Justice - https://oag.ca.gov/charities). Applications submitted by organizations not identified with “active” or “current” status may be disqualified.
For organizations with 501(c)(3) tax status, City staff may check websites such as the Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather additional information about the applicant organization.
PAYMENT PROVISIONS
Upon case review and discretion by City staff, an initial advance payment of fifty percent (70%) of the total award amount may be advanced to all grantees as part of the application award process. The remaining fifteen percent (30%) will be reserved, contingent upon the submission of complete, adequate, and final reporting and all required documentation.
Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and in a manner consistent with the payment provisions contained in the executed grant agreement.
REVIEW CRITERIA
Applications will be evaluated by a review panel which may consist of three to five reviewers, which can include CSD and/or City staff, Recreation and Parks Commissioners, and community members using the criteria listed below:
Total Points Available for Criteria Areas #1-5: 100 Points 1090
COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
9 Program/Project (Description and Concept) – 40 points ● Application is filled out appropriately and completely with all sections and parts of questions answered clearly and is easy to follow.
● Timeline is practical and the proposed activities are well-defined and technically feasible.
● Management and staff are qualified to implement the project or program and achieve stated goals and has experience working on the project or program and/or similar programs or projects.
● Project or program aligns with both organizational vision and goals of the grant. ● Project utilizes a CSD-managed site and/or park.
Impact and Goals – 40 points
● The program or project can positively contribute to the targeted population. ● Goals and outcomes are measurable, clear, and data-driven. ● An evaluation component is included and connected to the program goals. ● The organization has a plan on how to sustain the program or project after grant funds are expended.
Financial Viability – 20 points
• Program/project budget is included, meets all requirements listed in the guidelines, cost- effective, accurate, and feasible.
• Relationship between grant funds requested and the program budget is clearly shown.
Bonus Points – 3 points
• If the applying organization is based in Richmond, the applicant will receive 3 bonus points. Richmond-based is defined as maintaining principal offices, studios, or other facilities within the boundaries of the City of Richmond. Applicable to organizations providing services (sponsoree), not fiscal sponsors.
APPLICATION REVIEW AND SELECTION PROCESS
Grantees will be tentatively notified of decisions by April-May 2025.The selection process is divided into the following steps:
1. Applications are received by the due date.
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COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
10 2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.
3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.
4. The Review Panel’s recommendations are forwarded to City staff for review, discussion, and approval.
Any party applying shall not contact or lobby any City Council member, ECIA Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFA. Any party attempting to influence or circumvent the RFA, application submittal, and/or review process may have their application rejected for violating this provision of the RFA.
All scores are final. There is no grievance process. Copies of Review Panel comments and scoring will be made available upon request.
GRANTEE REQUIREMENTS
If awarded a grant, organizations will be required to do the following:
• A Grant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within three (3) months of execution of the grant agreement. The scope of work will be based on the application submitted. • Submit progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - Reports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o F
unding Requests – Requests must include the necessary documents to substantiate the disbursement (e.g., receipts, timecards, payroll records, etc.). Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding. • Host City staff and/or members of the Review Panel for one or more site visits and/or program evaluation.
• Published program materials shall include the City seal or logo and shall state, “Made possible in part by the Richmond ECIA CSD Mini-Grant Program.” The material must be 1092
COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
11 appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.
• Complete and submit a W-9 form and Supplemental Vendor Application. • Obtain a City of Richmond business license (if grant amount is over $5,000. Organizations are responsible for all associated fees. Information can be found at http://www.ci.richmond.ca.us/66/Business-Licenses
.
• Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community- based organization acting as the sub-grantee. Organizations may use grant awards to cover insurance costs.
CITY STAFF CONTACT
For inquiries or clarification regarding this program or application, please contact ECIA staff at [email protected] or Guadalupe Morales, City Manager’s Office at (510) 620-6553 or email at [email protected].
GENERAL TERMS AND CONDITIONS
Background Checks: Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.
Limitations: All facts and opinions stated herein are based upon available information and no representations or warranties are made with respect to their accuracy or completeness.
The application and the selection process shall in no way be deemed to create a binding contract, agreement, or offer of any kind between the City and the applicant organization. If the City selects a grantee pursuant to this RFA, any legal rights and obligations between the successful applicant, if any, and the City will come into existence only when a grant agreement is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the grant agreement and any other documents specifically referred to in that grant agreement.
Each organization submitting applications in response to this RFA agrees that the preparation of all materials for submittal to the City are at the organization’s sole cost and expense, and the City shall not, under any circumstances, be responsible for any costs or expenses incurred by any candidate. In addition, each organization agrees that all documentation and materials submitted in response to this RFA shall remain the property of the City and may be used by the City for any reason whatsoever. In accordance with California law relating to access to 1093
COMMUNITY SERVICES DEPARTMENT MINI-
GRANT PROGRAM
Guidelines Fiscal Year 2025-2026
12 public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information.
Award: The City reserves the right to accept or reject any or all applications, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason whatsoever, to waive any defects in any application, to issue a new RFA at any time, or to provide a grant to any organization it deems appropriate in its sole and absolute discretion within or outside of the RFA evaluation process. City reserves the right to terminate a grant agreement within sixty (60) days without cause. All materials submitted become the property of the City and will not be returned. Funds awarded are public funds and any information submitted or generated is subject to public disclosure requirements, including the Public Records Act.
Federal, State and Local Laws: As part of the RFA process, the selected grantee will be required to comply with all applicable federal, state and local laws, including the City of Richmond’s Nondiscrimination Ordinance (Chapter 2.28), Business Opportunity Ordinance (Chapter 2.50), Local Employment Program Ordinance (Chapter 2.56), and Living Wage Ordinance (Chapter 2.60), California Department of Justice, and Secretary of State requirements. Please contact the City Attorney’s office for further information regarding the above requirements.
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FY 2025-26 ECIA Grant Application - 1-
2025-2026 CSD MINI GRANT COMMUNITY
GRANT PROGRAM APPLICATION
APPLICATION DEADLINE: Friday, February 7, 2025, NO LATER THAN 11:59 p.m.
SECTION I – ORGANIZATION INFORMATION
Community-Based Organization Information (Applicant Information):
Fiscal Sponsor (Organization with 501(c)(3) tax status:
Name of Organization:
Click here to enter text.
Executive Director Name:
Click here to enter text.
Organization Address:
Click here to enter text.
Project Manager Name (primary contact for
the grant):
Click here to enter text.
Project Manager Title:
Click here to enter text.
Phone Number:
Click here to enter text.
Email Address:
Click here to enter text.
Program/Project Budget:
Program/Project Budget:
$ Click here to enter text.
Amount of Grant Funds requested (in either
$5,000 or $10,000 amount only):
$ Choose an item.
Organizational Budget:
$ Click here to enter text.
Fiscal-Sponsor Budget (If applicable):
$ Click here to enter text.
Program/Project:
Program/Project Title: Click here to enter text.
Program Project Summary (50-word limit): Click here to enter text.
% of Richmond Residents Served by Your Proposed Program/Project?: Click here to enter text.
Will Your Program or Project Serve Youth (through age 21)?: Click here to select “Yes” or “No”
Please select one (1) category that BEST describes the type of project or program that your organization plans to provide with the requested grant funds from the drop-down list:
CLICK HERE and Select the program category from the drop-down.
Name of Organization:
Click here to enter text.
Executive Director Name:
Click here to enter text.
Organization Address
Click here to enter text.
Project Manager Name (primary contact for
the grant):
Click here to enter text.
Project Manager Title:
Click here to enter text.
Email Address:
Click here to enter text.
Phone Number:
Click here to enter text.
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FY 2025-26 ECIA Grant Application - 2-
2025-2026 CSD MINI GRANT COMMUNITY
GRANT PROGRAM APPLICATION
SECTION 2 – PROGRAM/PROJECT DESCRIPTION
a. Provide information about your organization (e.g., number of years in operation, description of services provided and the population served).
Click here to enter text.
b. Describe in detail the program or project your organization is proposing to implement with the grant funds . Clearly list the major components or aspects of your program or project.
NOTE: All CSD Mini- Grant programming is required to take place at Community Services Department facilities (e.g. Richmond Auditorium, Recreation Complex, Senior Center, etc.) Click here to enter text.
c. Provide a timeline for project implementation using the template below. Include specific tasks/activities that will be accomplished within each quarter.
Task/Activities Month
1st Term (July 1– December 31)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
2nd Term (January 1– June 30)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
d. List the staff members responsible for the implementation of the program or project. Briefly describe the staff’s experience working on the proposed program/project and/or similar projects. Include résumés or provide descriptions of work experience with each copy of the application.
Click here to enter text.
e. If you plan to collaborate with other entities (i.e. , non-profits, governmental entities, private entities) to implement your program or project, please complete the table below.
Note: A letter of collaboration must be included as a part of your application ONLY IF your organization plans to partner with a government entity(ies) (e.g., city, state, county, school district, etc.).
Partner Specific Role:
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
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FY 2025-26 ECIA Grant Application - 3-
2025-2026 CSD MINI GRANT COMMUNITY
GRANT PROGRAM APPLICATION
SECTION 3 – PROJECT IMPACT AND GOALS
a. Describe the target population and geographic area that your organization plans to serve with the grant funds and what impact the proposed program or project will have on the target population.
Click here to enter text.
b. List the number of individuals that will be served as a result of your program or project.
Total Number of Individuals Served by
Proposed ECIA Funded Program or
Project
Total Number of Richmond Residents
Served by Proposed ECIA Funded
Program or Project
Click here to enter text.
Click here to enter text.
c. List the major program or project goal(s) and how your organization will measure if you reach your desired goal. The goal should be measurable and data-driven. There should be at least one (1) expected outcome per major program or project component.
Major Program
Component(s)
Major Program
Outcome(s)
Indicator/
Measurement
Goal Evaluation
Method
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
Click here to enter text. Click here to enter
text.
Click here to
enter text.
Click
here.
Click here to enter
text.
d. How will your organization assess or gauge the success of your pr ogram/project at its completion?
Click here to enter text.
e. How do you plan to sustain the program or project after the grant funds are expended? Click here to enter text.
SECTION 4 – FINANCIAL VIABILITY
a. Attach your organizational budget to each copy of the application. The organizational budget can be submitted in any format as long as it shows revenue and expenditures for your organization’s current operating year.
b. Complete the program budget table using the provided MS Word or MS Excel template to complete the table.
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FY 2025-26 ECIA Grant Application - 4-
2025-2026 CSD MINI GRANT COMMUNITY
GRANT PROGRAM APPLICATION
ECIA GRANT APPLICATION SUBMISSION ACKNOWLEDGMENT
This page should be included in your application packet. It will not count toward your page limit.
By submitting this application and the supporting application materials, you agree that:
• You are an Officer on the Board of Directors of the organization submitting the grant application
• You have thoroughly read and understand the grant program guidelines and application questions and City of Richmond requirements (business license, insurance, and grant agreement)
• All questions contained in the application have been answered and the following required documents are included as part of our application packet:
☐Completed application (all sections completed and questions answered, including resumes)
☐Organizational budget
☐Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service)
☐Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N. Reviewed or compiled annual financial statements are allowable for faith-based organizations.
☐List of Board of Directors and their affiliations
☐Letter describing and authorizing collaboration with a governmental entity(ies), if applicable
☐Signed agreement between the organization and the fiscal sponsor, if applicable
• Your organization will obtain comprehensive background checks and/or fingerprinting of all employees and/or volunteers.
• Volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations.)
• To the best of your knowledge, the information included as part of this application is true and accurate
------------------------------------------
Click here to enter Organization Name.
Click here to enter a date from drop-down.
Click here to enter Name of Board Officer.
Click here to enter Title of Board Officer.
Signature – Officer of Board
1098
December 17, 2024
Library and Community Services
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager – Community
Services
Ranjana Maharaj, Deputy Director, Community Services -
Recreation
Tetteh Kisseh, Recreation Supervisor
Subject:
Contract With All Seasons Ice Company To Provide Ice
For Snow Day
FINANCIAL IMPACT: The expenditure for this contract is proposed in account number 01251051-400280 within the Community
Services-Recreation’s fiscal year budget as listed below:
2024-2025 - $7,000
2025-2026 - $7,000
2026-2027 - $7,000
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Approve the Contract between the City of Richmond and
All Seasons Ice Company to provide ice for the Snow
Day Event at Nicholl Park in December of 2024, 2025
and 2026.
AGENDA
REPORT
1099
December 17, 2024
RECOMMENDED ACTION:
APPROVE a three-year contract with All Seasons Ice
Company in a not to exceed amount of $21,000, to
provide 10 tons of ice for a fee of $7,000 annually, and a donation of 20 tons of ice during the Winter Break Camp in December of 2024, 2025, and 2026, with a contract
term from December 17, 2024, through December 31,
2026 – Community Services Department (Tetteh Kisseh
510-620-6919/Ranjana Maharaj 510-620-6792/LaShonda
White 510-620-6828).
DISCUSSION:
Since 2022, All Seasons Ice Company has been partnering with Community Services- Recreation by providing ice for a snow day for the Winter Camp participants and Richmond residents on an established date in December. During the last two years, All Season Ice Company has donated the ice for this event.
Seeing the success of this event, City staff is interested in expanding the snow area so that more people can enjoy the snow day. City staff reached out to two vendors to solicit quotes for an additional 10 tons of ice needed to expand the capacity of the snow area.
Below is a matrix of the request for quote responses from vendors:
VENDOR NAME QUOTE AMOUNT NOTES
1. All Seasons Ice
Company
$6,682.20 for 10 tons of
ice
All Season Ice Company will
donate 20 tons of ice.
They will also create a snow
area
2. San Jose Ice
Company
$8,000.00 to $8,500.00
for 15 tons of ice
San Jose Ice Company only
delivers the ice
City staff evaluated the quotes provided by the two vendors and recommended that the contract be awarded to All Seasons Ice Company based upon the criteria below. All Seasons Ice Company has:
Demonstrated experience in providing ice that will create the snow area. They have worked with Community Services-Recreation for the last two years in providing this service.
Demonstrated experience in managing the company, i.e., internal controls, management personnel, etc.
Demonstrated flexibility and reliability as the company will deliver the ice and will make snow for this event. The City will not have to rent any equipment to create the snow.
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December 17, 2024
In addition, All Seasons Ice Company will donate 20 tons of ice for this event, which would cost $14,000 annually. The City will purchase 10 tons of ice for the expanded snow area at a cost of $7,000 annually.
The snow day in 2024 is planned for December 23, 2024. In the event of rain, All Season Ice Company and staff will work on a rescheduled date. For 2025 and 2026, the dates of the snow day will be determined by All Season Ice Company and City staff.
City staff is seeking City Council approval of the three-year contract with All Seasons Ice Company to purchase the 10 tons of ice for a total not to exceed amount of $21,000 and to receive a donation of 20 tons of ice annually for snow day events in December 2024, 2025, and 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Contract-All Season Ice for Snow Day Event (2024-2026)
1101
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“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. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
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 the Service Plan set forth in Exhibit A, 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.1102
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and 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. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
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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_____________________________
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]:
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1200 Fitzgerald Drive #1010
Pinole, CA 94564
( 510 ) 221-8455
[email protected]
Snow Event
10/9/24
Bill to Payable to Invoice:
City of Richmond All Seasons Ice Co.Event #: 0277
Community Services-Recreation
3230 Macdonald Ave Subject Delivery Date:
Richmond, Ca 94804 Snow Event
[email protected]
510-620-6793
Description Qty Unit price Total price
Item #1 Tons of Ice 10 $700.00 $7,000.00
Item #2 Discount $100 off per ton 10 $100.00 -$1,000.00 Item #3 Sales Tax 9.75% 1 $585.00 $585.00
Item #4
Notes: Total : $6,585.00
Nicholl Park
33rd St & W Macdonald Ave $6,585.00
Richmond, Ca 94804
Time:
*Your event is NOT confirmed until deposit is received. *Balance is due 2 weeks before your event. It is YOUR responsiblity to call for final payment. We will not service your event if balance is not paid and you will lose your deposit *We are not resposible for any damages ice may cause
**Canceleation Policy: For full refund, minimum 1 week notice before event 1105
1200 Fitzgerald Drive #1010
Pinole, CA 94564
( 510 ) 221-8455
[email protected]
Snow Event
10/9/24
Bill to Payable to Invoice:
City of Richmond All Seasons Ice Co.Event #: 0276
Community Services-Recreation
3230 Macdonald Ave Subject Delivery Date:
Richmond, Ca 94804 Snow Event
[email protected]
510-620-6793
Description Qty Unit price Total price
Item #1 Tons of Ice 20 $700.00 $14,000.00
Item #2 Sales Tax 9.75% 1 $1,365.00 $1,365.00
Item #3
Item #4
Notes: Total : $15,365.00
Nicholl Park -$15,365.00
33rd St & W Macdonald Ave $0.00
Richmond, Ca 94804
Time:
*Your event is NOT confirmed until deposit is received. *Balance is due 2 weeks before your event. It is YOUR responsiblity to call for final payment. We will not service your event if balance is not paid and you will lose your deposit *We are not resposible for any damages ice may cause
**Canceleation Policy: For full refund, minimum 1 week notice before event 1106
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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, photocopying, 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.
a. 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.
b. 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.
4. 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.
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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; or (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
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ 1108
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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 employer-employee 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, 1109
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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 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.
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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.
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 1111
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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 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 1112
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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 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 1113
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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, 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.
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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 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 1115
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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 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, 1116
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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 United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1117
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”):
1118
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
1119
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
1120
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
1121
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1122
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1123
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1124
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
1125
December 17, 2024
Library and Community Services
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager of Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division
Subject:
Acceptance of Five Grants Totaling $1,743,360 in Grant
Funds from Various Sources to Provide Occupational
Skills Training, in High-Growth, High Wage Industries, for Richmond Youth and Adults
FINANCIAL IMPACT: The Employment & Training Department revenue and expenditures will increase by $1,743,360 to support the grant-funded projects. There is no net change to the
budget.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The U.S. Department of Labor YouthBuild, Office of
Economic and Workforce Development, Construction
Training Workforce Initiative, James Irvine Foundation, and the California Employment Training Panel awarded
the City of Richmond’s Employment & Training Division
various grants totaling $1,743,360. The funds will provide occupational skills training and quality job placement
opportunities for Richmond residents.
AGENDA
REPORT
1126
December 17, 2024
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE $1,743,360 in grant funds
received from the U.S. Department of Labor YouthBuild,
Office of Economic and Workforce Development,
Construction Training Workforce Initiative, James Irvine Foundation, and the California Employment Training
Panel; and AUTHORIZE the city manager or her
designee to execute grant-related documents –
Community Services (Tamara Walker 510-307-
8006/LaShonda White 510-620-6828).
DISCUSSION:
City of Richmond’s Employment and Training Department was awarded a total of $1,743,360 in grant funds.
U.S. Department of Labor YouthBuild ($1,500,000) – This grant will provide academic support and construction training for 67 youth over 3 years (Attachment 1)
CTWI ($14,860) – This grant will provide supportive services to Richmond Build participants through June 30, 2025. the funds will be allocated towards providing childcare assistance and supportive services to participants in the RichmondBUILD construction training program. CTWI will pay childcare providers directly, in an amount not to exceed $55,000. Therefore, the net award for the Employment and Training Department from the CTWI grant funds is $14,860 (Attachment 2) OEWD ($100,000) – This one-time grant to provide staff support and input on projects for the Jobs First Initiative during the first year of implementation through June 30, 2025 (Attachment 3)
CETP ($103,500) – Grant funds will be used to support the RichmondBUILD construction training program through June 2, 2026 (Attachment 4) James Irvine Foundation ($25,000) – One-time funding will be used to develop a staff learning journey that incorporates holistic strategies to engage and support formerly incarcerated individuals, emphasizing employment services and personal development tools to facilitate a positive transition into the local workforce (Attachment 5)
These grant funds will provide Richmond youth and young adults with occupational skills training in high-growth, high-wage, industries, specifically construction training, and will expand access to training and quality job placement opportunities for Richmond youth and young adults.
1127
December 17, 2024
POLICY SYNERGIES:
City Council Goals and Priorities – Goal 2: Increase Revenue and Improve Economic Development
2.1 Create new opportunities for workforce development in Richmond o 2.1.a Continue to support YouthWORKS to create pathways to high paying careers/ Expand YouthWORKS to serve 800 - 1,000 youth o 2.1.b Expand vocational training programs
DOCUMENTS ATTACHED:
Attachment 1 – U.S. Department of Labor YouthBuild Award Notice Attachment 2 – Construction Training Workforce Initiative (CTWI) Award Notice Attachment 3 – Office of Economic and Workforce Development (OWED) Contract Attachment 4 – California Employment Training Panel Award Attachment 5 – The James Irvine Foundation Award Letter Attachment 6 – Draft Resolution E&T Budget Amendment FY2024-2025
1128
Summary Federal Award Financial Information
19. Budget Period Start Date - End Date
20. Total Amount of Federal Funds Obligated by this Action 20a. Direct Cost Amount
20b. Indirect Cost Amount
21. Authorized Carryover
22. Offset
23. Total Amount of Federal Funds Obligated this budget period
24. Total Approved Cost Sharing or Matching, where applicable
25. Total Federal and Non-Federal Approved this Budget Period - End Date26. Period of Performance Start Date
27. Total Amount of the Federal Award including Approved Cost Sharing or Matching this Period of Performance
28. Authorized Treatment of Program Income
29. Grants Management Officer – Signature
Recipient Information
Fe deral Agency Information
10.Program Official Contact Information
Federal Award Information
30. Remarks
1. Recipient Name
9. Awarding Agency Contact Information
Notice of Award
Award#
FAIN#
Federal Award Date:
2. Congressional District of Recipient
3. Payment System Identifier (ID)
4. Employer Identification Number (EIN)
5. Data Universal Numbering System
(DUNS)
6. Recipient’s Unique Entity Identifier (UEI)
7. Project Director or Principal Investigator
8. Authorized Official
11. Award Number
12. Unique Federal Award Identification Number (FAIN)
13. Statutory Authority
14. Federal Award Project Title
15. Assistance Listing Number
16. Assistance Listing Program Title
17. Award Action Type
18. Is the Award R&D?
06/01/2024
09/30/2027
ADDITIONAL COSTS
08 1946000403A3
Richmond YouthBuild
17.274
YouthBuild
New
No
$1,875,000.00
946000403
Ms. Marjorie L Fong
FEDERAL PROJECT OFFICER
[email protected]
415-625-7963
Department of Labor
24A60YB000118-01-00
24A60YB000118-01-00
24A60YB000118
24A60YB000118
05/30/2024
ETA Office of Grants Management
Chaya Anderson
Grant Officer
Tamara Walker
[email protected]
510-307-8006
RICHMOND, CITY OF
330 25th St
Richmond, CA 94804-1727
Tamara Walker
[email protected]
510-307-8006
$1,417,505.00
$82,495.00
09/30/2027
$1,875,000.00
$375,000.00
$0.00
$0.00
$0.00
Workforce Innovation and Opportunity Act (“WIOA”, Public Law 113-128) W856SVG77LP8
Ms. Bria L Wearren
GMS
[email protected]
202-693-3626
$1,500,000.00
06/01/2024
1129
33. Approved Budget
(Excludes Direct Assistance)
I. Financial Assistance from the Federal Awarding Agency Only II. Total project costs including grant funds and all other financial participation a. Salaries and Wages
b. Fringe Benefits
c. Total Personnel Costs
d. Equipment
e. Supplies
f. Travel
g. Construction
h. Other
i. Contractual
j. TOTAL DIRECT COSTS
INDIRECT COSTS
TOTAL APPROVED BUDGET
m. Federal Share
n. Non-Federal Share
34. Accounting Classification Codes
k.
l.31.Assistance Type
32.Type of Award
Notice of Award
Award#
FAIN#
Federal Award Date:
Recipient Information
Recipient Name
Congressional District of Recipient
Payment Account Number and Type
Employer Identification Number (EIN) Data
Universal Numbering System (DUNS)
Recipient’s Unique Entity Identifier (UEI)
$512,328.00
$312,626.00
$824,954.00
$0.00
$60,000.00
$10,000.00
$0.00
$196,551.00
$326,000.00
$1,417,505.00
$1,417,505.00
$82,495.00
$82,495.00
$1,500,000.00
$1,500,000.00
$1,500,000.00
$1,500,000.00
$375,000.00
$375,000.00
05/30/2024
24A60YB000118-01-00
24A60YB000118
Department of Labor
RICHMOND, CITY OF
330 25th St
Richmond, CA 94804-1727
Discretionary Grant
08 946000403
1946000403A3
Other
W856SVG77LP8
FY-ACCOUNT NO. DOCUMENT
NO.
ADMINISTRATIVE
CODE
OBJECT
CLASS
CFDA
NO.
AMT ACTION FINANCIAL
ASSISTANCE
APPROPRIATION
0501742324BD202401740005235YB000A0000AOWI00AOWI00 YB000118IX1 ETA 410023 17.274 $1,500,000.00 01742324BD 1130
November 16, 2023
RichmondBUILDCityof Richmond33025thStreetRichmond, CA94804 Towhomit mayconcern,
Subject: AwardLetter for Equal RepresentationinConstructionApprenticeship(ERiCA) Grant We are pleased to informyou that RichmondBUILDhas been awarded a grant for the project termfromMay 1, 2023, to June 30, 2025, award 23ERICA005. This award supports your efforts to achieve thefollowingregion-widegoals:Distribute Childcare Stipends and Supportive Services: Provide childcare stipends and supportiveservicestopre-apprentices.Implement OutreachandMarketing Strategies: Use research-basedoutreachandmarketingstrategiesto educate, recruit, and assist women from underserved populations in entering union constructioncareers.Advocate for and Adopt Hiring Policies: Promote and adopt hiring policies that expedite the entry ofwomenandunderservedpopulationsintounionconstructioncareers.Design a Mentorship Framework: Develop a mentorship framework that increases retention andsupportstheprofessional growthof womenandunderservedpopulationsinunionconstructioncareers.The total contract amount awarded to RichmondBUILD as the sub-grantee is $69,860, distributed asfollows:● SupportiveResourcesforChildcare: $55,000● SupportiveServices: $2,860● PartnershipParticipation: $12,000Please refer to the Memorandumof Understanding (MOU) between RichmondBUILDand ConstructionTrades Workforce Initiative for more detailed information regarding the terms and conditions of thisgrant.
Congratulationsonceagain, andwelookforwardtoyour successful implementationof thisproject.
Sincerely,
Beli AcharyaExecutiveDirectorConstructionTradesWorkforceInitiative(CTWI) 1131
Appendix B--Definition of Grant Plan
The term “Grant Plan” shall mean the following:
I. PROJECT NAME/TITLE
California Jobs First City of Richmond Fiscal Agent Sub-Regional Convener
II. PROJECT DESCRIPTION
The Grantee shall lead fiscal agent and community engagement for and facilitate City of Richmond sub- regional table convenings in service of the community and in furtherance of the goals of California Jobs First, the project formerly known as the Community Economic Resilience Fund (“CERF”).
III. PROJECT DEFINITIONS
City and County of San Francisco (“City”) – The entity entering into this contractually binding agreement with a third party (Grantee) that will provide goods and/or services to targeted populations on behalf of the City
Grant Agreement (“Agreement”) – A legally binding agreement between the City and Grantee
Grant Plan – Also known as the “Scope of Work (SOW)” and describes the activities and expected outcomes and/or deliverables of the awarded project
Grantee – An awardee contractually bound by this Agreement to receive resources from the City in order to provide goods and/or services to targeted populations on behalf of the City
OEWD – Office of Economic and Workforce Development, a department of the City and Fiscal Lead for the Community Economic Resilience Fund award to the Bay Area High Road Transition Collaborative.
California Jobs First (the project formerly known as Community Economic Resilience Fund) (“CJF”) - The grant award from California Employment Development Department, Governor’s Office of Business and Economic Development, and Governor’s Office of Planning and Research which is the funding source for this project.
Bay Area Good Jobs Partnership for Equity (“BAGJPE”) - An unincorporated association of Bay Area workforce development boards, including the California Workforce Association, Alameda County Workforce Development Board (WDB), WDB of Contra Costa County, NOVAworks, Oakland WDB, OEWD, Richmond WDB, WDB of Solano County, Sonoma WDB, work2future, and Workforce Alliance of the North Bay (Marin and Sonoma). BAGJPE is the Fiscal Agent for the California Employment Development Department Community Economic Resilience Fund on behalf of the Regional Convener and the Bay Area High Road Transition Collaborative.
All Home, a project of The Tides Center (“Regional Convener”) - All Home is the Regional Convener for the Bay Area High Road Transition Collaborative. The Regional Convener coordinates partnerships, provides training and technical assistance, and facilitates the successful implementation of the CJF program across the Bay Area.
1132
Bay Area Jobs First Collaborative (formerly known as the Bay Area High Road Transition Collaborative) (BAJFC) - The BAJFC refers to the project and stakeholders funded through the cCJF initiative and includes representation from workforce, community, labor, business, government, economic development, education, philanthropy, and indigenous communities.
CJF Stakeholders – Required CJF Stakeholders central labor councils, building and construction trades councils, public education labor organization, employers and business associations, economic development organizations, small businesses and small business associations, worker centers, workforce development agencies, housing and homelessness organizations, philanthropic organizations, community-based organization serving disinvested communities, community-based organizations focused on racial justice, community-based organizations focused on immigrant rights, community-based organizations focused on youth, tribal organizations, public health organizations, post-secondary education research institutes, post-secondary education instruction entities, regional governmental agencies, environmental agencies, and environmental justice organizations.
Points of Contact (POC) – Individuals that represent the parties which are contractually bound by this agreement—City and Grantee—as the primary contact(s) on the teams
City’s Team – Consists of at least one Point of Contact (POC) who is a Project Manager assigned to work with Grantee in relation to this Agreement. The assigned Project Manager(s) and contact information is as follows:
Jennifer Hand, Workforce Impact Manager
[email protected]
(415) 701-4830
Grantee’s Team – Consists of at least one representative who is the POC assigned to work with the City in relation to this Agreement:
Tamara Walker, Deputy Community Services Director – Employment & Training [email protected]
510-307-8006
Is this organization a Fiscal Agent for this Project? No If “Yes,” on behalf of which organization, who is the POC, and what is the contact information?
IV. DESCRIPTION OF SERVICES
The Grantee shall provide services for the BAJFC Sub-Regional Tables, which was awarded to the BAGJPE as Fiscal Agent and OEWD as Fiscal Lead.
These funds are authorized to this organization under San Francisco Ordinance NO. XXX-XX, approved on MONTH DAY, 2024.
The goal of the project is to build a sustainable and equitable economy across California, with a focus on supporting new strategies to diversify local economies and develop industries that create high-quality, broadly accessible jobs for all Californians in the transition to a carbon-neutral economy. CJF supports the planning and development of high-road economic development plans to create equitable access to quality jobs. High-road 1133
economic development supports environmentally sustainable businesses that pay living wages and create opportunities for career growth.
The project goal meets objectives to build community capacity and develop economic and workforce priorities in subregional areas by funding Sub-Regional Fiscal Leads to lead and guide BAJFC grantees.
V. TASKS AND DELIVERABLES
Task 1. Quarterly Reporting
Grantee shall provide quarterly reports to the City’s Team for every quarter for the entire duration of this agreement within 5 calendar days after the end of each quarter, except for the final quarterly report, which must be completed, submitted, and approved by the Project Manager before the end of the grant term.
The quarterly report should include a summary of activities related to fiscal leadership in the sub- regional area, meetings related to fiscal management, as well as any new contracts/grants administered and any grantee management activities.
Task 1.1. Summary of Activities. Grantee shall keep OEWD apprised of current issues and progress towards deliverables on an at-least monthly basis.
Task 1.2. Summary of Partnerships. Grantee shall commit to partner with BAJFC project partners in its region and in other sub-regional areas and build partnerships with all required BAJFC stakeholders for its sub-regional area: central labor councils, building and construction trades councils, public education labor organization, employers and business associations, economic development organizations, small businesses and small business associations, worker centers, workforce development agencies, housing and homelessness organizations, philanthropic organizations, community-based organization serving disinvested communities, community-based organizations focused on racial justice, community-based organizations focused on immigrant rights, community-based organizations focused on youth, tribal organizations, public health organizations, post-secondary education research institutes, post-secondary education instruction entities, regional governmental agencies, environmental agencies, and environmental justice organizations.
Task 1.3. Support for CalJOBS Implementation. When applicable, grantees will be required to use the state’s system for reporting participant data collected or else support sub-grantees in the local area to navigate CalJOBS. The state will provide training on how to use the CalJOBS reporting system.
Task 1. Deliverables
All Quarterly Reports must be completed, submitted, and approved by the Project Manager before the end of the grant term in order to be eligible for payment
The Quarterly Report should include four sections: issues and progress towards deliverables (Task 1.1), general fiscal management activities in support of BAJFC (Task 1.1), summaries of partnerships including meetings attended and summary of communications to OEWD and stakeholders (Task 1.2), and support for CalJOBS implementation (Task 1.3).
Quarterly Reports are due for every quarter for the entire duration of this agreement as outlined in Task
1.1 - 1.3. with submission due by the following dates:
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Deliverable 1.1 Quarterly report for October 1 to December 31: Due by January 5 Deliverable 1.2 Quarterly report for January 1 to March 31: Due by April 5 Deliverable 1.3 Quarterly report for April 1 to June 30: Due by June 30 Deliverable 1.4 Quarterly report for July 1 to September 30: Due by October 5 Deliverable 1.5 Quarterly report for October 1 to December 31: Due by January 5 Deliverable 1.6 Quarterly report for January 1 to March 31: Due by April 5 Deliverable 1.7 Quarterly report for April 1 to June 30: Due by June 30 Deliverable 1.8 Quarterly report for July 1 – September 30: Due by September 20 Deliverable 1.9 Final Summary Report: Due by September 20
All deliverables must be completed, submitted, and approved by the Project Manager before the end of the grant term in order to be eligible for payment.
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PROGRAM BUDGET
Instructions:
Supplier Name City of Richmond *Enter costs into the appropriate line items. *Refer to "Line Item Descriptions" tab for further explanation and supporting documents required for invoicing.
*Delete rows not being used.
*If needed, add more staff, consultant, or deliverable lines.
Project Title: California Jobs First Sub-Regional Fiscal Agent
Procurement: ORDINANCE XX-XXX
Budget Line Item Description Detail / Due
Date
Budget Amount
Deliverable 1.1 Quarterly report for October 1 to December 31 1/5/2025 $11,111.00 Deliverable 1.2 Quarterly report for January 1 to March 31 4/5/2025 $11,111.00 Deliverable 1.3 Quarterly report for April 1 to June 30 6/20/2025 $11,111.00 Deliverable 1.4 Quarterly report for July 1 to September 30 10/5/2025 $11,111.00 Deliverable 1.5 Quarterly report for October 1 to December 31 1/5/2026 $11,111.00 Deliverable 1.6 Quarterly report for January 1 to March 31 4/5/2026 $11,111.00 Deliverable 1.7 Quarterly report for April 1 to June 30 6/20/2026 $11,111.00 Deliverable 1.8 Quarterly report for July 1 to September 30 9/20/2026 $11,111.00 Deliverable 1.9 Final summary report 9/20/2026 $11,112.00
TOTAL BUDGET $100,000.00
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ETP Contract
Multiple Employer
ET24-0364
City of Richmond Training Project
This ETP Funding Contract (Contract) is entered into between the Employment Training Panel (ETP or Panel) and City of Richmond (Contractor).
This Contract is for the reimbursement of training costs by the Panel pursuant to its authority at Unemployment Insurance Code Section 10200 et seq. The term is from June 3, 2024 to June 2, 2026. Said reimbursement shall be disbursed from the Employment Training Fund in a total amount not to exceed $103,500 (Approved Amount).
This Contract consists of five Sections and five Exhibits, as shown below:
Section 1. Recitals
Section 2. Representations
Section 3. Performance Standards
Section 4. Payment Details
Section 5. General Provisions
Exhibit A: Contract Cost Structure (CCS)
Exhibit B: Curriculum
Exhibit C: Subcontracts
Exhibit D: Definitions
Exhibit E: Union Support
Exhibits A through E are hereby incorporated-by-reference as part of this Contract, as if fully set forth herein.
1. Recitals
The parties are entering this Contract to promote a healthy labor market in California. The purpose of this Contract is to reimburse training costs from the Employment Training Fund in keeping with ETP program goals at Unemployment Insurance Code Section 10200 et seq.
In entering this Contract, the parties recognize the value of training, particular ly the need for California employers to remain competitive in a global business environment. The parties agree that good and valuable consideration exists for this Contract.
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2. Representations
2.1 Legislative Appropriation: Contractor understands that payment under this Contract is valid and enforceable only if sufficient funds are appropriated in the State Budget Act for the relevant Fiscal Year. Payment under this Contract is subject to any additional restrictions, limitations, or conditions imposed by the Legislature, in the Budget Act or otherwise. If sufficient funds are not appropriated or otherwise made available for disbursement from the Employment Training Fund as needed for this Contract, the Panel's liability for payment shall be limited to available funds and payment shall be disbursed only for the actual hours of training delivered as of the date Contractor receives a Notice of unavailable funds from ETP.
2.2 I
ncremental Encumbrance: This Contract shall be incrementally encumbered insofar as only a percentage of the total Amount Approved will be made available for payment in the first and subsequent Fiscal Year(s).
2.3 D
evelopment Fees : Contractor represents that ETP funds will not be used to pay for any fees or costs incurred prior to the Panel’s approval of funding under this Contract.
2.4 Cr iteria for Participating Employers: Contractor is aware that all participating employers must be subject to paying the Employment Training Tax for each trainee. Contractor is aware that all participating employers must face out-of-state competition, unless funded under Special Employment Training . Contractor is aware that all participating employers must have no more than a 20% turnover rate in the prior calendar year. Cont ractor is aware that training agencies are not eligible as Participating Employers.
2.5 Fundi ng Limitations : Contractor is aware of F unding Limitations established by the Panel and published on the ETP Website as of the effective date of this Contract . Contractor represents that it will adhere to these L imitations in its recruitment and selection of Participating Employers.
2.6 Co nfidentialit y: The Panel represents that trainee Social Security Numbers will only be used to access trainee employment and wage history in the Unemployment Insurance data base maintained by the Employment Development Department. The Panel represents that trainee demographic information will only be used to compile statistical data, in the aggregate. The Panel represents that the Social Security Numbers and demographic information will be maintained in confidence using administrative, technical and physical safeguards. Contractor understands that it is solely responsible for obtaining this confidential information from the participating employers or trainees, along with any written release it deems necessary. ETP represents that there is no statutory or regulatory requirement for a written release.
2.7 R
eserved
2.8 Job-related Training: Contractor represents that training will be in job-related skills.
2.9 Reserved
2.10 HUA Wage Modification: Contractor represents that post-retention wages will exceed pre- retention wages for trainees receiving the High Unemployment Area (HUA) wage modification, in accordance with Title 22, CCR, Section 4429(e).
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2.11 Charges to Trainees: Contractor understands that it cannot charge tuition, fees , or costs to trainees for training funded under this Contract without prior written approval by the Executive Director of ETP.
2.12 T uition Reimbursement: Contractor represents that it will not charge, or will fully reimburse trainees for any tuition, fees, or costs they may have already paid for training that is funded by ETP.
2.13 N ondiscrimination: Contractor represents that participating employers will be “ equal opportunity” employers compliant with all state and federal laws pertaining to f air employment practices.
2.14 R eserved
2.15 Trainer Credentials: Contractor represents that training will only be delivered by qualified instructors who are competent in the subject matter. Contractor represents that instructors will satisfy certification and licensing requirements as may be applicable.
2.16 Re sponsibility : Contractor understands that it is directly responsible for the administration and delivery of all training funded under this Contract.
2.17 Li aison: Contractor represents that it will fully inform all participating employers about their rights and obligations under the training project funded under this Contract, and will periodically review their participation for compliance with the performance standards of this Contract. Contractor represents that it will promptly inform ETP of any discrepanc y or problem regarding the role or performance of participating employers under this Contract.
2.18 P rofessional Employer Organization: Contractor understands that participating employers may only use the services of a PEO if, under their services agreement, they operate as co - employers. This means the participating employers must not fully relinquish the responsibility to pay wages; make benefit payments; and withhold, collect, report and remit payroll-related taxes, including the Employment Training Tax. Contractor understands that participating employers must retain the exclusive right to direct and control the work performed by trainees during retention, and to set the amount of their post-retention wages.
2.19 M
isrepresentation: Contractor understands that any misrepresentation of material fact made by it or its agent to the Panel or ETP staff, whether set forth herein or otherwise, constitutes grounds for immediate termination of this Contract.
2.20 O ut -of-State Vendors: Contractor understands the requirements and restrictions associated with out -of-state vendors and that ETP funds shall not be used to reimburse Contractor for any costs associated with an out- of-state vendor without prior authorization by the Panel in accordance with Title 22, CCR, Section 4421.
2.21 U nion Representation: Contractor represents that participating employers will be required to submit union letters of support for all trainees that are represented.
2.22 R eserved
2.23 Reserved
2.24 Reserved
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3. Performance Standards
3.1 Payment Earned: Contractor shall not be entitled to retain the Progress Payments or Final Payment for any trainee unless it demonstrates compliance with the requirements set forth in this Contract . (See definition of Payment Earned in Exhibit D.) Cont ractor must demonstrate compliance using ETP procedures, to the sole satisfaction of ETP.
3.2 H ours of Training : Reimbursable hours of training will vary depending on the method of delivery. Delivery methods include Class/Lab, Productive Lab, E -learning, Advanced Technology (AT) and Computer-Based Training. Class/Lab includes Simulated Laboratory.
E-learning includes Videoconferencing.
3.2.1 C lass/Lab/E- learning/Productive Lab/Advanced Technology : Reimbursement is for actual hours of attendance, within the rang e of hours for each Job Number as identified in Exhibit B, Curriculum and in Exhibit A, CCS. Each trainee must attend training for the minimum number of hours (8) for payment to be earned, and payment cannot be earned for attendance beyond the maximum number of hours.
3.2.2 R ange of Hours : Reimbursement for new hire training is capped at 260 tot al training hours per-trainee.
3.3 R etention: A ll trainees must be employed by a participating employer on a full-time basis, with wages reported in California, for the applicable hours and time period of r etention by Job Number. Retention cannot begin until the end of all training per -trainee, and must be completed within the term of this Contract.
Job Number: 1 Job Description: Priority, SET, At- Risk Youth/Ex -Offender, Multiple Barriers, New Hire
Retention is at least 30 hours per week for at least 90 days out of 120 consecutive days with up to three employers, or at least 500 hours within 180 days with one or more employers.
The New -Hire train ees in Job Number 1 may be retained in employment with a public entity or non- profit organization at up to 2 5% of the total New -Hire trainee population. In addition, these New -Hire trainees may be retained in employment with a Temporary Agency at up to 20% of the total New-Hire trainee population.
3.4 Post-Retention Wage: All trainees must earn at least the Post-Retention Wage identified for the county or region in which trainees are employed. Health benefits (employer share - of-cost for medical, dental and vision care) of up to $2.50 per hour may be included in wages for Job Number 1.
Trainees must earn at least the State or local minimu m wage rate (base wage) that is in effect at the time of final payment, regardless of the ETP Minimum Wage or Post - Retention Wage. If a higher minimum wage rate is in effect for a city or county within this Job Number, then that wage will prevail.
Job Number: 1 Job Description: Priority, SET, At -Risk Youth/Ex -Offender, Multiple Barriers, New Hire
Trainees must earn at least $20.21 per hour in Contra Costa County; $20.50 per hour in Alameda, Santa Clara, San Francisco, and San Mateo Counties; and $18.45 per hour in Solano County.
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3.5 Trainee Eligibility: The eligibility standards in Unemployment Insurance Code Section 10201(c) are waived in accordance with Special Employment Training standards at Unemployment Insurance Code Section 10214.5. However, all trainees must be “frontline workers” within the meaning of Title 22, CCR, Section 4400(ee).
Moreover, the Contractor’s own employees are not eligible for training under this Contract.
The following additional standards apply:
In Job Number 1 , trainees must have at least two barriers to employment within the meaning of Title 22, CCR, Section 4409.
In Job Number 1 , trainees can be either employed or unemployed Ex -Offenders or employed or unemployed At -Risk Youth. Eligibility will be determined on a per trainee basis. The eligibility standards for this Job Number 1 are shown below:
3.5.1 Individuals with a prior criminal record, regardless of age, are deemed Ex-Offenders if they meet one or more of the following criteria:
• On probation
• On parole
• Experiencing difficulty in obtaining or retaining secure employment due to the trainee’s Ex-Offender status
Contractor is responsible for obtaining written proof of the trainee’s eligibility from the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or other written documentation.
3.5.2 Individuals between 18 and 23 years of age are deemed At-Risk if they are not in school or employed full -time at time of recruitment and meet one or more of the following criteria:
• Previously involved in or heavily exposed to gang activities • Homeless
• History of drug addiction
• Have child on public assistance
• Emancipated foster youth (can be younger than 18)
• Physical or mental disability
• Parent is incarcerated
• High school dropout
Contractor must retain written documentation and certify that the At -Risk Youth trainee has at least one of the identified at-risk factors.
3.6 Reserved
3.7 Reserved
3.8 Enrollment: Eligibility for enrollment must be established prior to the start -of-training. To establish eligibility, Contractor must provide ETP with each trainee's Social Security Number. (See also Payments in Section 4.) Eligibility must be established, and enrollment must be reported, in the form and manner prescribed by ETP. 1141
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3.9 Multiple Enrollment: A trainee cannot be enrolled in the same Job Number more than once within the same project. A trainee can be enrolled in another Job Number, but only after having completed the minimum number of hours designated for the Job Number in which originally enrolled, and having satisfied the retention and minimum wage requirements applicable to the original Job Number. Thus, enrollment in another Job Number must follow Final Payment under the original Job Number.
Upon enrollment in another Job Number, a trainee must again satisfy the retention and minimum wage requirements, as applicable. The retention requirement cannot be satisfied simultaneously for more than one Job Number.
3.10 Training Ratio: The trainer -to-trainee ratio must not exceed 1: 15 for Class/Lab training .
However, for courses certified by OSHA (OSHA 10/30 and HAZWOPER) the ratio must not exceed 1:40.
3.11 Occ upations : Training shall be funded only for trainees working in the occupations approved by the Panel for each Job Number, as shown in “Exhibit A, CCS.”
3.12 R elocation: Contractor will be liable for repaying ETP fo r any training funds received, for any Participating Employer that relocates or closes the California facility at which training was provided to a location out- of-state; or transfers trainee jobs to a location out- of-state, within three years o f termination of this Contract. The repayment demand will be made at the discretion of the Panel in accordance with the standards set forth in Title 22, CCR, Section 4446.5. The voluntary transfer by one or more employees to another facility located outside of California, absent facility relocation, does not constitute a relocation or closure under this Section.
3.13 Res
erved
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4. Payment Details
4.1 Reimbursement Rate: Contractor will be reimbursed at an hourly rate per trainee, based on the delivery method and type of training. (See definition of Reimbursement Rate, Exhibit D). All Laboratory, E-Learning, and Videoconference training is reimbursed at the Class/Lab rate.
In Job Number 1 the hourly rate is $23 per-trainee for Class/Lab Training in accordance with the types of training identified in Exhibit B, Curriculum.
4.2 Reserved
4.3 Curriculum: ETP reimbursement is limited to the types of training approved for a given Job Number as shown in "Exhibit B: Curriculum."
Literacy Skills is limited to 45% of the trainee’s total training hours within the meaning of Title 22, CCR, Section 4420.
Safety training will be limited to 10% of the trainee’s total training. However, no state or federally required safety training will be reimbursed by ETP.
4.4 Payments: A trainee must be enrolled and must have completed at least 8 hours of training before any payments will be made. Payments may be made in three stages on a per-trainee basis, by Job Number.
4.4.1 The first Progress Payment (P1) will be approximately 25% of the Average-Cost-per Trainee, payable upon enrollment and after the first eight hours of training.
4.4.2 The second Progress Payment (P2) will be paid upon completion of all training hours. Progress Payment (P1) and (P2) combined cannot exceed 75% of the Actual Cost per trainee within the range of training hours specified in CCS for each Job Number.
Trainees invoiced for P2 will be deemed to have entered into the retention period applicable to the Job Number in which originally enrolled.
4.4.3 The Final Payment (F) is payable at the end of retention, based on hours of training actually completed with reference to the minimum and maximum hours.
4.5 Wage Reporting: C ontractor must report the actual hourly wage paid for each trainee at the completion of retention. Contractor acknowledges that this information may be used by ETP to verify full-time employment, as well as to verify compliance with all federal, state, and/or local prevailing wage requirements.
4.6 Occupation Reporting: Contractor shall report the occupations for each trainee at enrollment prior to the start of training and report the final occupations for each trainee at the end of the trainee retention period.
4.7 Administrative Costs: The hourly reimbursement rate includes an allowance for training administration. Administrative costs funded by ETP shall not exceed 20% of pay ment earned for New-Hire training.
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4.8 Invoicing: Contractor must submit timely and accurate invoices for the Progress Payments and Final Payment , using the form and manner prescribed by ETP. The Fiscal Closeout invoicing should be submitted to ETP no later than 30 days after this Contract has terminated.
4.9 Fiscal Closeout: Payments will be made by invoice on a per -trainee basis. The total payments must be reconciled for all trainees taken as a whole at the time of Fiscal Closeout.
4.10 Suspend Payment: ETP may, at its sole discretion, suspend or withhold any payment if it appears Contractor has or will fail to perform its obligations under this Contract. ETP shall give Contractor written Notice of the suspension/withhold and provide a reasonable opportunity for cure. This right to suspend or withhold payment is in addition to, and may be exercised concurrent with, termination.
4.11 Overpayment: The Progress Payments and Final Payment will not be earned until all performance standards and any other conditions of reimbursement have been satisfied.
Contractor must promptly repay ETP for any overpayment identified at Final Closeout, or in a subsequent Audit. Repayment must include statutory interest computed from the first day of the month following the overpayment.
4.12 Unearned Payment: All unearned payments shall be returned to ETP with statutory interest computed from the first day of the month following the date the funds are received. If the Contractor petitions for bankruptcy, ETP shall be listed and scheduled as a creditor.
4.13 Liability Offset: Payments made or earned under this Contract may be used to offset any outstanding financial liabilities owed under a prior Contract at the sole discretion of ETP.
This provision shall remain in full force and effect until the funds owed have been repaid, including statutory interest.
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5. General Provisions
5.1 Party Intent : In the event of ambiguity, the intent of the parties shall be construed in accordance with the written proposal (ETP 130) and open-meeting discussions at the time the training proposal was considered by the Panel. In construing intent, the parties also agree to abide by the definitions set forth in Exhibit D of this Contract . Otherwise, words and phrases shall be given their common English meaning. Section headi ngs are for convenience only, and not to be used to determine any of the rights or obligations of the parties.
In the event of a material discrepancy between the text of this Contract and Exhibit A, CCS, the latter shall prevail; but for wages in which cas e Post-Retention Wage in Section 3 shall prevail. All such discrepancies are subject to correction by Amendment.
5.2 S everability: If any provision of this Contract is held illegal, invalid or unenforceable in whole or in part it shall be modified to the minimum extent necessary; and, the remaining provisions shall not be affected thereby.
5.3 Subcontractor Identification: Contractor must identify all subcontractors as they become known, prior to and during the term of this Contract, in the form and manner prescribed by ETP. In so doing, Contractor must provide at least the following information: business name and address; contact person name, title, address, phone and email; description of services to be provided; and fees or rate payable.
5.4 Subcontract Term s: Contractor may subcontract with a third party for training or administrative services in connection with this Contract . ETP shall not be named as a party on any subcontract. A subcontract for administrative services must be in writing, and must be filed with ETP prior to its effective date. A subcontract or oral agreement for training services must be disclosed and its terms made available to ETP upon demand.
An administrative subcontract must incorporate the provisions set forth under "Exhibit C:
Subcontracts." ETP reserves the right to monitor the delivery of services under any subcontract. Contractor shall use best efforts to correct performance problems identified by ETP as a result of monitoring.
5.5 Participating Employer s: Contractor must identify all participating employers as they become known, prior to and during the term of this Contract, in the form and manner prescribed by ETP. In so doing, Contractor must provide at least the following information: business name and address; contact person na me, title, address, phone and email. Contractor may charge participating employers a refundable or nonrefundable deposit as specified in a mutual written contract signed by both parties, upon prior review and approval by ETP, as set forth in Title 22, CCR, Section 4409.1.
5.6 ETP Name: Any material used to promote this training project, and any other writing that uses the ETP name or logo, must be approved in advance by ETP.
5.7 Audits: ETP has the right, during normal business hours, to examine or audit any and all electronic or paper records, and documents related to the delivery of services, including accounting source payroll documents, under this Contract to the extent it deems necessary. This right begins upon the effective date of this Contract , and extends to 4 years from termina tion of this Contract or 3 years from Fiscal Closeout or appeal resolution, whichever is later. Audits will be conducted in accordance with Generally Accepted Government Auditing Standards and may utilize statistical sampling with extrapolation of an error rate.
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5.8 Online Tracking: Contractor must use ETP’s Management System to upload/enter attendance data.
5.9 Monitoring Access: Contractor shall ensure that ETP has access to its facilities or those of a participating employer or training vendor as needed to monitor performance under this Contract. Contractor shall use best efforts to ensure that ETP also has access to trainers and trainees for the purpose of performance- related interviews. During the term of this Contract, all Rosters and any other pertinent records of training delivery or cost must be maintained by the Contractor and made available to ETP upon request.
5.10 Rosters: Contractor must maintain all training attendance Rosters or their electronic equivalent for a period of not less than 4 years from termination of this Contract or 3 years from Fiscal Closeout or appeal resolution, whichever is later. All Rosters and any other pertinent records of training delivery or cost must be maintained by the Contractor and made available to ETP upon request.
5.10.1 Class/Lab: Contractor must obtain from the participating employers, and maintain (as stated above), Class/Lab Rosters signed by each trainee and instructor. There is no exception for participating employers using a Learning Management System or other electronic recordkeeping for the Class/Lab method of delivery, including Productive Lab.
5.10.2 Class/Lab: Contractor may accept electronic recordkeeping from participating employers, and maintain Rosters electronically, when Class/Lab is delivered as E-Learning.
5.11 Reserved
5.12 Termination without Cause: Either party may terminate this Contract without cause by serving written Notice at least 30 calendar days in advance.
5.13 Termination with Cause: ETP may terminate this Contract immediately, without serving advance Notice, if it determines at its sole discretion that Contractor or its agent has engaged in fraud, misrepresentation or other egregious conduct in connection with this Contract, or has violated any law pertinent in the course of me eting its obligations under this Contract. In the alternative, ETP may terminate this Contract for a defect in performance or related problem by serving written Notice at least 30 calendar days in advance, and giving Contractor at least that time period as an opportunity to cure the defect or problem, as determined in its sole discretion.
5.14 Indemnification: Contractor shall defend, indemnify and hold harmless ETP along with its Panel, officers, employees or agents from and against any and all claims, complaints, demands, actions, causes of action, liabilities, losses, damages, judgments, awards, fines, settlements, costs or expenses including reasonable attorney's fees arising under this Contract (Claim). As used herein, the term Claim specifically encompasses proprietary software subscription or licensing rights. The provisions of this section shall apply to any Claim based on the action or omission of Contractor or its officers, employees, agents or vendors, whether joint or several. ETP shall provide Contractor reasonable assistance in the defense of any Claim. However, ETP reserves the right to defend against a Claim or settle a Claim on its own behalf. Contractor shall not defend or settle in the name of ETP without prior written consent by the signatory of this Contract for ETP. The parties shall give each other prompt written Notice of any Claim.
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5.15 Governing Laws: This Contract shall be governed by the laws of the State of California.
Contractor shall comply with all applicable federal, state and local laws.
5.16 Reserved
5.17 Forum State: The parties agree that any legal action arising under this Contract, including mediation or arbitration, shall take place in Sacramento, California.
5.18 Survival: The following provisions of this Contract shall survive it s termination:
Relocation, ETP Name, Audits, Rosters, Indemnification, Governing Laws, Forum State, Successor Corporation, and Notices.
5.19 Waiver: No delay or failure by either party to exercise or enforce provision of this Contract shall be considered a waiver thereof. In order to be valid, a waiver must be in writing. A single waiver shall not constitute a continuing or subsequent waiver.
5.20 Other Funds: Contractor shall immediately serve ETP with Notice of any other government funding that is or may be applied to the cost of training under this Contract.
Cost reimbursement by ETP under this Contract cannot displace, but must supplement, any other government funding. ETP reserves the right to reduce payments or demand the return of overpayments that result from said displacement.
5.21 Assig nment: Contractor shall not assign any rights in, nor delegate any obligations under this Contract or any portion hereof, without prior written consent by ETP.
5.22 Successor Corporation: This Contract shall be binding on and inure to the benefit of the surviving corporation or other business entity in the event of Contractor's merger. (Corporations Code Section 1107.) This Contract shall be binding on and inure to the benefit of the surviving person or entity in the event a controlling interest in its assets or operations is purchased, acquired or transferred, in which case ETP may require the survivor to enter a written Assumption of Liability.
5.23 Entire Contract : This is the entire Contract between the parties and it supersedes any prior or contemporaneous communication or understanding between them (written or oral).
5.24 Modifications: Certain terms and conditions of this Contract may be modified at the request of Contractor with the written approval of ETP so long as there is no increase in the approved amount of funding, and no change in the scope or intent of training.
Modifications are restricted to the following:
a) Add or delete a Job Number except for Apprentices;
b) Expand or reduce the Estimated Number of Trainees in a Job Number; c) Change the trainee Occupations in a Job Number except for Apprentices; d) Redistribute the Estimated Number of Trainees funding between Job Numbers; e) Add to or delete training courses identified in the Exhibit B, Curriculum; f) Change or extend the term dates;
g) Revise range of hours so long as there is no change to the per-trainee cap on hours; 1147
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ETP 100 – MEC (06/06/2023) 12 of 13
h) Add health benefits to wages or change the amount of health benefits to be included in wages;
i) Correct a material discrepancy between the text of this Contract and Exhibit A, CCS. (See Party Intent in Section 5)
If ETP approves a Modification pursuant to (a) through ( i) above, it will prepare a written Modification indicating the effective date, and transmit a copy of same to Cont ractor.
Modifications cannot be made after termination of this Contract.
5.25 Amendment: With the exception of Modifications as provided for above, this Contract may not be amended except in a writing that is signed by both parties. An Amendment or Modification can only be made based on the mutual agreement of the parties.
Amendments cannot be made after termination of this Contract.
5.26 Notices: All N otices in connection with this Contract must be in writing, and shall be effective upon receipt. Notice of termination or material breach and final notice of overpayment must be delivered by certified U.S. Mail with return receipt requested, or by a commercial courier with receipt. Otherwise, Notices may be delivered by U.S. Mail, commercial courier or email. All N otices to ETP must be addressed to the manager of a regional office or the Sacramento headquarters office, as appropriate to the subject matter.
All Notices to Contractor must be addressed to the authorized representative identified below. This same representative is designated as the contact person for general inquiries by ETP.
The parties agree to keep each other informed as to any change in the contact information for their representatives.
Name and job title: Tamara Walker, Deputy Director
Email address: [email protected]
Mailing address with zip code: 330 25th St., Richmond, CA 94804 Phone number: (510) 307-8006
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ETP 100 – MEC (06/06/2023) 13 of 13
Each of the signatories to this Contract warrant and represent, and certify under penalty of perjury under the laws of the State of California, that they are competent and authorized to enter into this Contract on behalf of the party for whom they purport to sign below.
Contractor ETP
Employment Training Panel
Print Company Name (Full Legal Name) Print Company Name (Full Legal Name)
Authorized Signature Authorized Signature
Date Date
Jessica Grimes
Print Name of Authorized Person Print Name of Authorized Person
Executive Director
Title of Authorized Person
Title of Authorized Person
Los Angeles
County Where Executed County Where Executed
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Contractor: City of Richmond ET24-0364
ETP100CCS (12/21)
1. The number of trainees may exceed this figure, provided they receive at least the minimum number of training hours and there are sufficient funds available in the Job Number.
2. Post-Retention Wages may vary by county. See Section on Performance Standards, in this Contract.
Exhibit A: Contract Cost Structure
Training Data Payment Schedule
1 2 3 4 5 6 7 8 9 10
Job Occupations Job Number Description Estimated #
of Trainees1
Average
Cost Per
Trainee
Pay 1
Enrollment
Pay 2
Completed
Final Post
Retention
Post Retention
Wage2
Health Benefits
1 Carpenter (Entry level),
Electrician (Entry level),
Plummer/Steamfitter (Entry
level), Construction Laborer
(Entry level)
New Hire - At-Risk Youth, Ex-Offender,
Multiple Barriers, Priority Rate
20 $5,175.00 $1,293.75 Varies Varies $20.50 $0.00
683 - SET
Job Max Total $103,500.00 Range Of Hours: Min = 8 Max = 260 Weighted Avg = 225
Contract Totals
Program Cost $103,500.00
Substantial Contribution (-) $0.00
Multiple-Empl. Support (+) $0.00
Total ETP Funding (=) $103,500.00
Total Estimated No. of Trainees 20
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ETP 100 – MEC (06/06/2023) Exhibit B 1 of 2
Exhibit B: Curriculum
Class/Lab/E-Learning
Trainees may receive any of the following:
COMMERCIAL SKILLS
• General Industry Awareness
• Assembling with Hand Tools using Wood screws, Nails, Dowel Pins, or Glue
• Building Cabinets, Doors, Framework, Floors using Woodworking Machines, Hand Tools, and Power Tools
• Preparation of Foundations and Floors; Installation of Floor Components
• Framing, Exterior Sheathing, and Sheetrock
• Pouring Concrete (Constructing Forms and Chutes)
• Jobsite Safety (Erecting Scaffolding and Ladders for Assembling Structures)
• Plaster, Plasterboard, and Sand Patch using Patching Plaster, Trowel, and Sanding Tools
• F inishing Surfaces of Woodwork or Wallboard using Paint, Hand Tools, and Paneling
• Installing Windows, Frames, Floorings, Trims, or Hardware
• Traffic Control/Flagging Operations
• Electrical Theory
• Circuit Wiring
• AC/DC Theory
• EV Infrastructure
• Solar/EV Charger Installation
• Green Building Practices
• Conduit Bending
• Heat Pumps/Tank-less Water Heaters
• Pipe Soldering
• General Plumbing (PVC Piping Systems)
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ETP 100 – MEC (06/06/2023) Exhibit B 2 of 2
• Multi-Craft Core Curriculum (MC3)
o Construction Industry Orientation
o Tools and Materials
o Construction Health and Safety
o Blueprint Reading
o Basic Math for Construction
o Heritage of the American Worker
o Green Construction
o Financial Literacy
HazWoper 40 (OSHA-Certified Instructor)
• Hazwoper 40
Safety Skills – OSHA 10/30 (Certified-OSHA Instructor)
• OSHA 10
• OSHA 30
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ETP 100 – MEC (06/06/2023) Exhibit C 1 of 1
Exhibit C: Subcontracts
1. The Employment Training Panel (ETP) is not a party to this Contract . ETP is not obligated in any manner for any liability that may arise out of this Contract. No third party relationship is intended or created with ETP under this Contract.
2. Consultant agrees that ETP has the right, during normal business hours, to examine or audit any and all records, books, papers and documents related to the delivery of services , including all accounting source payroll doc uments, under this Contract to the extent ETP deems necessary.
3. Consultant agrees that ETP has the right, during normal business hours, to freely observe and monitor the delivery of services under this Contract with or without the Consultant’s presence. In particular, Consultant agrees that ETP has the right to interview trainees, trainers and training personnel.
4. Consultant agrees to maintain all records and other writings that pertain to the delivery of services under this Contract for a period of no less than 4 years from termination or 3 years from Fiscal Closeout, whichever is later. This does not relieve Contractor of its responsibility under the ETP Contract.
5. This Contract shall be governed by the laws of the State of California. If ETP is named as a party in litigation, arbitration or other proceedings in connection with this Contract , the exclusive venue and place of jurisdiction will be the County of Sacramento in the State of California.
6. In the event of any conflict or inconsistency between the terms of this Contract and the ETP Contract, the latter shall govern and prevail.
7. In no event shall the administrative fees paid under this Contract with ETP funds exceed 20% of payment earned for New -Hire Training. As used herein, “paym ent earned” means the amount of reimbursement the Contractor is entitled to retain based on ETP Fiscal Closeout. [Section 4400(r).]
Note: These provisions must be incorporated into any Contract (subcontract) between Contractor and a consultant for administration of the ETP -funded training project. These provisions need not be used verbatim, but any variation must be approved by the ETP Legal Office. Contractor means the party that holds the contract and Consultant means the party that is responsible f or administrative services.
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City of Richmond ET24-0364
ETP 100 – MEC (06/06/2023) Exhibit D 1 of 5
Exhibit D: Definitions
The parties agree that the following definitions shall govern performance under this Contract .
These terms are used in this Contract , or may be referred to in the course of program administration by ETP.
Some definitions include references to regulations in Title 22 of the California Code of Regulations or to the Unemployment Insurance (UI) Code, as shown in brackets . The regulations and UI Code are available for review at the ETP website (www.etp.ca.gov).
Actual Cost -per-Trainee: The amount of reimbursement payable on a per -trainee basis at Progress Payment 2 (P2) and the Final Payment (F), based on the actual number of training hours completed.
Approved Amount: The maximum amount of funding approved by the Panel. This amount is distinct from Payment Earned.
Average Cost-per-Trainee: The average cost of training for each trainee enrolled in a given Job Number based on the planned hours of training and the fixed fee rate. This cost is used to calculate the first Progress Payment (P1) at the time of enrollment.
Classroom Training: Formal instruction in a classroom setting that is removed from the trainee’s usual work environment, and provided on a regular basis under the constant and direct guidance of a trainer. [Section 4400(y)(1).]
CNA to LVN: Training designed to upgrade the skills of a Certified Nurse Assistant or similar caregiver under a Licensed Vocational Nurse program, leading to LVN licensure. [UI Code Section 10214.9.]
Computer-Based Training (CBT) : Instruction provided through computer systems or software and delivered through an electronic medium such as the Internet, Intranet, LAN or CD -ROM.
Trainees must participate from a suitable location in California. [Section 4400(ff).]
Curriculum: A list of approved training courses or modules as shown in Exhibit B.
E-Learning: Instruction provided by a live trainer via a web- based system in real -time using interactive communication. This includes videoconference training. [Section 4400(y)(4).]
Eligible Employers: Employers are eligible for ETP funding if they are subject to payment of the Employment Training Tax . Employers that have elected an alternate method of financing liability for the payment of Unemployment Insurance benefits can only be eligible for the “incidental placement” of new hire trainees. There are other eligibility standards such as out -of- state competition, to be determined by the Panel on a case- by-case basis. [UI Code Section 10201(b).]
Enrollment: The process of registering a trainee with ETP as an eligible participant in ETP - funded training, once the first eight hours of training have been completed. Trainees are enrolled by Job Number. Once enrolled, they can participate in more than one approved course for that Job Number, on a sequential basis. [Section 4400(dd).]
Entrepreneurial Training: Training in business management and related skills for the owner of a business with 9 or fewer employees. [Section 4409.]
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City of Richmond ET24-0364
ETP 100 – MEC (06/06/2023) Exhibit D 2 of 5
ETP Minimum Wage: The minimum hourly wage that must be paid to trainees at the end of the employment Retention period. [Section 4418.]
Final Payment: Final payment is the final 25% payment based on the number of training hours completed for each trainee. Final payments (F) may be authorized and paid for each trainee after completion of training and the required post -training retention period specified in the agreement. Each trainee must be employed full -time and must receive the minimum wage specified in the Contract at the end of the employment retention period. Final Payments are reconciled with individual unearned progress payments and are not considered earned until the Fiscal Closeout of the Contract.
Fiscal Closeout: The process by which ETP determines the actual amount of Payment Earned for all trainees, reconciling the Final Payment with the first two Progress Payments. ETP will give Contractor written Notice of any overpayment that results from Fiscal Closeout within a reasonable time after the term of this Contract.
Frontline Worker : These are employees who directly produce goods or deliver services. In general they are eligible for overtime compensation, regardless of job title. Managers and Supervisors as defined below are not Frontline Workers. [Section 4400(ee).]
Full-time: Employment of at least 35 hours a week, with exceptions for special programs. [Section 4400(h).]
Funding Limitations: These are industries and occupations identified by the Panel as its lowest priority for funding, and thereby precluded f rom participation in an ETP funded program , as identified by the Panel on the ETP website Funding Limitations, as of the effective date of this Contract.
High Unemployment Area: A co unty or other distinct region of California where the unemployment rate exceeds the state average rate by a given factor, based on data from the Labor Market Information Division (LMID) of the Employment Development Department. The trainees in a High Unemployment Area (HUA) may qualify for a lower minimum wage, a modified Retention period, and/or the waiver of other requirements on a case -by-case basis. [Section 4429.]
Incidental Placement: New Hire trainees may be placed with public, non- profit or o ther employers who are not subject to payment into the Employment Training Fund on an “incidental” basis not to exceed 20% of the total trainee population under a Multiple Employer Contract, as determined by the Panel case-by-case. New Hire trainees may also be placed with Temporary Staffing agencies, not to exceed 20% of total New Hire population. [UI Code Section 10201(b) and Section 4427.]
In-Kind Contributions: The cost incurred by an employer or participating employer under an ETP-funded project. These costs may be monetary, such as wages paid to trainees during the hours of training. Or, they may be non -monetary, such as the rental value of a facility or room that is made available for instructional purposes. [Sections 4400(l) and 4401.1.]
Job Number: ETP’s method of grouping trainees for administrative and reporting purposes.
Learning Management System (LMS) : This is a software application for the administration, documentation, tracking, reporting and delivery of education courses or training programs. Employers may also use LMS to track CBT and E -Learning. LMS may be approved for use by a single- employer (not a participating employer). Typically, LMS is used to track all 1155
City of Richmond ET24-0364
ETP 100 – MEC (06/06/2023) Exhibit D 3 of 5
training provided by an employer not just ETP -funded training. Therefore, ETP-funded training must be distinguishable from all other training data for tracking and reporting purposes. Only ETP-funded training hours may be uploaded into ETP’s Management System. Note: This definition of LMS would extend to any system of electronic recordkeeping.
Literacy Training: Basic, job -related skills including math, reading, and language skills necessary for the trainee’s job performance and employment retention in a job with definite career potential and long-term security. [Section 4400(n).]
Managers and Supervisors: These are employees who primarily perform exempt job duties within the meaning of the federal Fair Labor Standards Act and state Labor Code Section 515, where “primarily” means more than one- half of the work time. In performing these duties, Managers and Supervisors must also: exercise discretion and independent judgment; influence policy; supervise at least two employees with the right to hire and fire; and earn no less than two times the state minimum wage.
Mandatory Training: Training is mandatory when the employer leads trainees to believe their continued employment would be adversely affected by not attending; the subject matter is directly related to the job duties ; and the trainee does not produce goods or deliver services during training. Trainees must be paid their usual wages during mandatory training. This training is usually conducted during regular working hours. [See Division of Labor Standards Enforcement Manual at Section 46.6.5, at www.dir.ca.gov.]
Multiple Barriers (MB): Two or more barriers to full participation in the workforce. The barriers may include mental or physical disabilities, illiteracy, limited English proficiency, limited math skills or some similar impediment.
New Hire : T raining in new vocational skills for persons who are unemployed at the start of training. The vocational skills may include job- related literacy training. [UI Code Section 20201(g); Section 4406.]
Out-of-State Competition: The Panel will not fund any retraining project, with the exception of Special Employment Training, unless it first determines that the trainee jobs are threatened by out-of-state competition. This determination is made on a case- by-case basis, using factors such as location of the corporate headquarters and revenue stream, except that a training project in manufacturing and certain other industry sectors classified under the North American Industrial Classification System, are deemed to meet this requirement. [Section 4416.]
Payment Earned: The amount of Reimbursement the Contractor is entitled to retain based on performance, and compliance with all other requirements set forth in this Contract, as reconciled at the time of Fiscal Closeout. [Section 4400(r).]
Post-Retention Wage: The minimum hourly wage that must be paid to trainees at the end of the employment Retention period. [Section 4418.]
Preceptor Training: In “preceptor training” the trainee observes hands-on skills as performed by a licensed LVN, RN or other practitioner (i.e., preceptor). The trainer to trainee ratio is generally 1:1. During the second phase, the trainee performs the skills under the preceptor ’s close supervision.
Priority Industry: Industry sectors that are “targeted” for training funds. Manuf acturing, aerospace, biotechnology, high technology and agriculture are typical Priority Industries . They are identified in the Panel’s annual Strategic Plan. [UI Code Sections 10200(b) and 10205(d).] 1156
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ETP 100 – MEC (06/06/2023) Exhibit D 4 of 5
Productive Lab Training: A type of practical Retraining whereby the instructor oversees an employee’s use of special equipment or application of particular skills, in the actual work environment, resulting in the production of goods or delivery of services for profit. A Productive Lab Training Plan must be approved in advance by ETP. Productive Lab is more suitable to production than service delivery, and would only be approved for New Hire training on a case- by-case basis.
Program Costs: This means training costs and administrative costs, before the addition of Support Costs. The Support Costs are calculated as a percentage of training costs only.
Progress Payments: Progress payments are unearned cash flow payments authorized and paid at selected training and contract performance benchmarks. Progress payments may be paid after a trainee is enrolled and has completed 8 hours of training (P1), after a trainee has completed training (P2) and when a trainee is placed in qualifying employment with an eligible employer (P3) [ New Hire participants only]. Progress payments may not exceed 75% of the cost per trainee based on the hours of training documented at completion of training. Progress payments are not considered earned until the completion of all contract performance requirements and reconciliation of payments at the Fiscal Closeout of the Contract.
Reimbursement Rate: The flat rate per hour payable for different methods and types of training.
In general, the rate differs between Class/Lab , Advanced Technology and Computer -Based Training, although special rates also apply to Priority Industry and Small Business training.
There is a further distinction between rates for New Hire and Retraining. Rates include the cost of training and administration of the ETP -funded project. Rates are consolidated in a Job Number to determine the average cost per -trainee, and for other purposes related to payment disbursement. With a Multiple Employer Contract, the consolidated rate also includes Support Costs as applicable. [UI Code Section 10206(a) and Section 4411 (g).]
Retention: The period of full- time employment required for a trainee or group of trainees after the end of training. Typically, Retention is for 90 consecutive days, although this period may be modified on a case-by-case basis. [Sections 4400(v), 4429.]
Retraining: Job-related vocational training provided to existing employees.
Roster: The hard- copy record that must be signed by each trainee and instructor to demonstrate attendance. For CBT, the supervisor must also sign a hard-copy roster. ETP must approve the format of all Rosters.
Seasonal Industry: This industry must hire at least 50% of its workers on a cyclical basis, as in agricultural crop production. To be eligible for retraining reimbursement by ETP, employers and participating employers in this industry must have retained at least 50% of the same seasonal employees for at least one season. [UI Code Section 10214.5(d).]
Simulated Lab Training: A type of practical training whereby the instructor oversees the use of special equipment or application of particular skills in a simulated work environment. This type of training does not require a special training plan, as compared to Productive Lab Training.
Small Business: For purposes of the Small Business Reimbursement Rate and other special considerations, a small business means 100 or fewer full -time employees in California, but no more than 250 worldwide. The business must be domiciled in California, and independently owned and operated. [Section 4400(w).]
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ETP 100 – MEC (06/06/2023) Exhibit D 5 of 5
Special Employment Training: Certain types of training designed to satisfy the Panel’s funding priorities are funded as Special Employment Training (SET) projects. There is no out -of-state competition requirement for SET. There are different wage requirements for the trainees who are eligible to participate in SET. There may be modifications to Retention, and/or waivers of other requirements for eligible trainees, on a case-by-case basis. [Section 4409.]
Statutory Interest: Interest assessed on overpayments. An adjusted annual rate charged from the first day of the month after Contractor received the overpayment from ETP. [Section 4447.]
Support Costs: Costs associated with recruiting participants and participating employers for training under a Multiple Employer Contact. These costs may also include assessment of eligibility, job search and placement. In general, these cost s may not exceed 8% of the training costs. [Section 4411.]
Trainee Eligibility: In general, trainees are only eligible to participate in ETP -funded training if they are unemployed (N ew-Hire training) , or employed by an Eligible Employer with wages reported in California (Retraining). There may be other eligibility standards, such as “multiple barriers” for special funding, to be dete rmined by the Panel on a case- by-case basis. [UI Code Section 10201(c).]
Turnover Rate : Average annual turnover for full -time employees in the prior calendar year, used to measure job security. Not all separations from employment are included in calcul ating turnover (i.e., retirements are not included). [Section 4417.]
Variable Reimbursement: Flexible reimbursement based on a minimum and maximum number of training hours, per-trainee. Trainees may complete any number of hours within the range set forth under the contract for a given Job Number. Trainees may be trained in one or all courses under the Exhibit B, Curriculum, within the constraints of funding.
Videoconference Training: Classroom instruction provided by a live trainer that is broadcast to two or more locations in real time and interactive with interactive communication between each location through video, data, and audio. The standard trainer -to-trainee ratio (1:20) applies to each location. This training is paid at the class/lab rate as a form of E-Learning.
Voluntary Training: When training is voluntary on the part of employees, they are not required to be paid their usual wages during the hours of training. See definition of “mandatory training” above.
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ETP 100 – MEC (06/06/2023) Exhibit E 1 of 1
Exhibit E: Union Support
The Union with respective Local(s) has received a Notice of Intent to train Collective Bargaining agreement represented workers. In accordance with ETP regulation 4404, the Notice of Intent contained the information regarding the proposed training, the impacted employee population, the labor organization opportunity to participate in the agreement's development, and the effective date of the application.
By way of this letter of support, the undersigned, as an authorized labor representative of the covered union workers during the period of training described above concurs with the proposal, inclusive of the specified training and the covered members in the training plan reviewed. Any restrictions to the support provided which are outside of the specif ics of the training plan approved by the Panel are between the Contractor and the Union as a condition of continued support.
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One Bush Street, Suite 800, San Francisco, CA 94104
415.777.2244 | Los Angeles 213.236.0552
@IrvineFdn | www.irvine.org
November 11, 2024
Tamara Walker
Deputy Director of Community Services, Employment and Training Department City of Richmond Employment & Training Department
330 25th Street
Richmond, CA 94804
Dear Tamara Walker:
It is my pleasure to inform you that The James Irvine Foundation (the “Foundation”) has approved the following grant to your organization:
Grant Number: 24-22004
Grantee Name: City of Richmond, California
Amount Approved: $25,000.00
Grant Purpose: To develop a staff learning journey that incorporates holistic strategies to engage and support formerly incarcerated
individuals, emphasizing employment services and personal development tools to facilitate a positive transition into the local workforce.
No part of this grant may be spent for influencing legislation within the meaning of Internal Revenue Code Section 4945(e).
Kriztina Palone, Senior Program Officer, is responsible for the administration of this grant, and all future communications concerning the grant should be directed to them or their associate, Mikaela Wilburn.
An electronic payment in the amount of $25,000 will be released once we receive notification that your city council has approved receipt of funds. If your organization has not received a payment from the Foundation before, our accounting and/or grants admi nistration teams will be reaching out in the next few weeks with an invitation to connect via our payment vendor, BILL.
We are delighted to offer this support to City of Richmond, California to advance the important work you are doing for the people of California. We extend every good wish for your success.
Sincerely,
Donald J. Howard
President and CEO
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO ACCEPT AND APPROPRIATE FIVE (5) NEW GRANT AWARDS FROM THE U.S.
DEPARTMENT OF LABOR YOUTHBUILD, CONSTRUCTION TRAINING
WORKFORCE INITIATIVE, OFFICE OF ECONOMIC AND WORKFORCE
DEVELOPMENT, CALIFORNIA EMPLOYMENT TRAINING PANEL, AND THE JAMES IRVINE FOUNDATION, IN THE AMOUNT OF $1,743,360 IN THE
EMPLOYMENT AND TRAINING DIVISION, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE GRANT-RELATED DOCUMENTS.
WHEREAS, after the adoption of the City of Richmond’s fiscal year 2024-2025 operating budget, the Employment and Training Department was awarded a total of $1,743,360 in grant funding from the US Department of Labor YouthBuild ($1,500,000), Construction Training and Workforce Initiative ($14,860), Economic Office and Workforce Development ($100,000), California Employment Training Panel ($103,500), and James Irvine Foundation ($25,000); and
WHEREAS, the grant from the U.S. Department of Labor YouthBuild in the amount of $1,500,000 will provide academic support and construction training for 67 youth over 3 years; and
WHEREAS, the grant from the Construction Training and Workforce Initiative (CTWI) in the amount of $14,860 will provide supportive services to Richmond Build participants through June 30, 2025, with additional funds from CTWI directly supporting the childcare needs of participants; and
WHEREAS, the one-time grant from the Economic Office and Workforce Development in the amount of $100,000 will provide staff support and input on projects for the Jobs First Initiative during the first year of implementation through June 30, 2025; and
WHEREAS, the California Employment Training Panel’s grant, in the amount of $103,500, will be used to support the RichmondBUILD construction training program through June 2, 2026; and
WHEREAS, the James Irvine Foundation awarded a $25,000 grant to develop a staff learning journey that incorporates holistic strategies to engage and support formerly incarcerated individuals, emphasizing employment services and personal development tools to facilitate a positive transition into the local workforce; and
WHEREAS, the additional funding of $1,743,360 will be used to provide Richmond youth and young adults, who are participating in the RichmondWORKS, YouthWORKS, YouthBUILD, and RichmondBUILD with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries; and
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WHEREAS, these new grants will significantly expand access to training and quality job placement opportunities for Richmond youth and young adults.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the Employment and Training Department budget is adjusted to accept and appropriate $1,743,360 to revenue and $1,743,360 to expenditures, and the City Manager or designee has authority to execute grant-related documents.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
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December 17, 2024
Library and Community Services
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager of Community
Services
Kate Eppler, Deputy Director of Community Services –
Library
Tawfic Halaby, Deputy Director of Public Works –
Operations and Maintenance
Christopher Larsen, Library Services Manager
Subject: Purchase of Library Delivery Van
FINANCIAL IMPACT: Proposed expenditure of $60,000 is funded by impact fees in the approved FY 2024-2025 Library budget
(21741055-400705)
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
The Library is requesting City Council approval for the purchase of a delivery van for use by Library staff moving materials between locations.
RECOMMENDED ACTION:
APPROVE the purchase of a 2024 Ford Transit T-250
cargo van from National Auto Fleet Group in an
aggregate amount not to exceed $60,000 – Community
Services (Christopher Larsen 510-620-5524/ Kate Eppler
510-620-5452).
AGENDA
REPORT
1163
December 17, 2024
DISCUSSION:
The Richmond Public Library routinely moves material between branches to fulfill patron requests (holds). In the calendar year 2024, the Library has fulfilled 5,488 requests for items, plus approximately 4,000 additional requests for materials from partnering library systems. Many of these holds are transferred between the Library’s Main, West Side, and Bayview locations for more convenient pickup by Library users. As designated City fleet vehicles have been often unavailable, Library staff have been using their personal vehicles to transport holds while being reimbursed at the City’s standard mileage rates.
The purchase of a delivery van will eliminate the need for Library staff to use their own vehicles for this task and will also provide the Library with a vehicle that can be used to expand public services and outreach. The library delivery van will supplement services provided by the library’s forthcoming new Bookmobile, allowing for service to additional locations when the Bookmobile is in use or otherwise unsuitable.
This purchase complies with Richmond Municipal Code Section 2.52.330, Piggyback procurement, which allows for a “piggyback” purchase using another agency’s purchase contract if it is in the best interest of the City of Richmond.
Based on the pricing in the Sourcewell Contract with National Auto Fleet Group (Attachment 2), City staff is recommending purchase of the van from National Auto Fleet Group in Watsonville, California. Library staff worked collaboratively with Public Works staff on this item.
SYNERGISTIC POLICIES:
Purchase of a dedicated library delivery van is aligned with City Council Strategic Goal Area No. 5: Strengthen the City’s Internal Infrastructure and Processes. Purchase of the van, using Library’s Impact Fee Fund, will improve fiscal responsibility by reducing the need for mileage re-imbursements, and the library delivery van will be more suitable for the movement of materials, improving ergonomics for assigned staff. This will streamline operations and reduce potential risk and liability. In addition, improved access to the library and library materials is in alignment with City Council Strategic Goal No. 3: Improve the quality of life, community health, and social determinants of health.
DOCUMENTS ATTACHED:
Attachment 1 – Sourcewell Quote
Attachment 2 – National Auto Fleet Contract
1164
One Unit
(MSRP)
One Unit
Contract Price $53,760.00 $53,185.00
Stock Inventory FT24279
Tax (9.7500 %) $5,185.53
Tire fee $8.75
Transportation $250.00
Total $58,629.28
Jesse Cooper Quoting Department
Account Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
10/31/2024 Quote ID: 30042RL
Mr Christopher Larsen
Richmond Public Library
325 Civic Center Plaza
Richmond, California, 94804
Dear Christopher Larsen,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2024 Ford Transit Cargo Van (R1C) T-250 148" Med Rf 9070 GVWR RWD, Stock Inventory FT24279 ) and delivered to your specified location, each for - per the attached specifications. In stock inventory subject to prior sale until receipt of a purchase order.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
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Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: [email protected]
General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
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Vehicle Configuration Options
ENGINE
Code Description
998 Engine: 3.5L PFDi V6 Flex-Fuel, (STD)
TRANSMISSION
Code Description
44U Transmission: 10-Spd Automatic w/OD & SelectShift, (STD)
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
CK Dark Palazzo Gray, Cloth Front Bucket Seats
AXLE RATIO
Code Description
X73 3.73 Axle Ratio, (STD)
SEATING ARRANGEMENT
Code Description
21L Dark Palazzo Gray Cloth Bucket Seats w/Armrests, -inc: 2-way manual driver seat w/lumbar and 2-way manual passenger seat
OPTION PACKAGE
Code Description
101A Order Code 101A
ADDITIONAL EQUIPMENT
Code Description
53D
Tow/Haul Mode w/Trailer Wiring Provisions, -inc: trailer wiring harness to rear of vehicle for upfit, Trailer Sway Control (TSC), 4/7 pin connector assembly and rear jumper, This package does not include a Trailer Brake Controller (TBC) (67D) 58V Radio: AM/FM Stereo w/SYNC 3, -inc: 4.0" multi-function display, Bluetooth, dual USB ports and 4 speakers (front)
16E Front & Rear Vinyl Floor Covering, -inc: wheel well liners 66D Front Overhead Shelf
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67E Large Center Console, -inc: an integrated shifter, a dual cup holder and an additional storage area
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2024 Ford Transit Cargo Van T-250 148" Med Rf 9070 GVWR RWD
CODE MSRP
R1C $50,460.00
998 $0.00
44U $0.00
YZ $0.00
CK $0.00
X73 $0.00
21L $115.00
101A $0.00
53D $295.00
58V $280.00
16E $245.00
66D $75.00
67E $195.00
$51,665.00
$0.00
$2,095.00
$53,760.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
2024 Fleet/Non-Retail Ford Transit Cargo Van T-250 148" Med Rf 9070 GVWR RWD
WINDOW STICKER
MODEL
2024 Ford Transit Cargo Van T-250 148" Med Rf 9070 GVWR RWD
OPTIONS
Engine: 3.5L PFDi V6 Flex-Fuel, (STD)
Transmission: 10-Spd Automatic w/OD & SelectShift, (STD) Oxford White
Dark Palazzo Gray, Cloth Front Bucket Seats
3.73 Axle Ratio, (STD)
Dark Palazzo Gray Cloth Bucket Seats w/Armrests, -inc: 2-way manual driver seat w/lumbar and 2-way manual passenger seat
Order Code 101A
Tow/Haul Mode w/Trailer Wiring Provisions, -inc: trailer wiring harness to rear of vehicle for upfit, Trailer Sway Control (TSC), 4/7 pin connector assembly and rear jumper, This package does not include a Trailer Brake Controller (TBC) (67D)
Radio: AM/FM Stereo w/SYNC 3, -inc: 4.0" multi-function display, Bluetooth, dual USB ports and 4 speakers (front)
Front & Rear Vinyl Floor Covering, -inc: wheel well liners Front Overhead Shelf
Large Center Console, -inc: an integrated shifter, a dual cup holder and an additional storage area Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
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Standard Equipment
MECHANICAL
Engine: 3.5L PFDi V6 Flex-Fuel -inc: port injection (STD) Transmission: 10-Spd Automatic w/OD & SelectShift -inc: auxiliary transmission oil cooler (STD)
3.73 Axle Ratio (STD)
INTERIOR
Dark Palazzo Gray Vinyl Bucket Seats -inc: 2-way manual driver seat, 2-way manual passenger seat and driver armrest only (STD)
WHEELS
Wheels: 16" Silver Steel w/Black Hubcap
ADDITIONAL EQUIPMENT
50-State Emissions System
Rear-Wheel Drive
70-Amp/Hr Maintenance-Free Battery w/Run Down Protection 250 Amp Alternator
3834# Maximum Payload
GVWR: 9,070 lb
Front Anti-Roll Bar
Electric Power-Assist Steering
25.1 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Tires: 235/65R16C 121/119 R AS BSW
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper
Black Rear Bumper w/1 Tow Hook
Black Bodyside Cladding and Black Wheel Well Trim
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Black Door Handles
Black Side Mirrors w/Convex Spotter
Short-Arm Manual-Folding Power Adjust Mirrors
Light Tinted Glass
Variable Intermittent Wipers
Fully Galvanized Steel Panels
Black Grille
Front License Plate Bracket
Sliding Rear Passenger Side Door
Split Swing-Out Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Ford Co-Pilot360 - Autolamp Auto On/Off Reflector Halogen Auto High-Beam Headlamps w/Delay-Off Headlights-Automatic Highbeams
Laminated Glass
Radio w/Seek-Scan, Clock, Aux Audio Input Jack, Steering Wheel Controls and External Memory Control
Radio: AM/FM Stereo -inc: 4.0" multi-function display, Bluetooth, dual USB ports and 4 speakers (front) Streaming Audio
Fixed Antenna
Bluetooth Wireless Phone Connectivity
1 LCD Monitor In The Front
4-Way Driver Seat
4-Way Passenger Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer and Trip Odometer FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Metal-Look Instrument Panel Insert
Front Cloth Headliner
Urethane Gear Shifter Material
Vinyl Front Bucket Seats
Partial Floor Console w/Storage and 3 12V DC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Front Only Vinyl/Rubber Floor Covering
Cargo Space Lights
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Driver Alert
Pre-Collision Assist w/Automatic Emergency Braking
Instrument Panel Bin, Driver And Passenger Door Bins
Power 1st Row Windows w/Driver 1-Touch Down
Power Door Locks w/Autolock Feature
Driver Information Center
Analog Appearance
Manual Adjustable Front Head Restraints
Securilock Anti-Theft Ignition (pats) Immobilizer
3 12V DC Power Outlets
Ford Co-Pilot360 w/Side Wind Stabilization Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Lane-Keeping System Lane Departure Warning
Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags w/Passenger Off Switch Safety Canopy System Curtain 1st Row Airbags
Airbag Occupancy Sensor
Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters and Pretensioners Back-Up Camera
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091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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