Contents
OVERVIEW .................................................................................................................................... 4 ABOUT THE CITY ............................................................................................................................ 4 PROJECT BACKGROUND/DESCRIPTION ......................................................................................... 5 SCOPES OF SERVICES ..................................................................................................................... 6 GOALS ........................................................................................................................................ 6 TARGET MARKET ....................................................................................................................... 6 ACTIVITIES ................................................................................................................................. 7 QUALIFICATIONS/EXPERIENCE ...................................................................................................... 7 BUDGET ......................................................................................................................................... 7 PROPOSAL REQUIREMENTS .......................................................................................................... 7 SELECTION PROCESS ..................................................................................................................... 8 INTERVIEW/PRESENTATIONS .................................................................................................... 8 PRE-AWARD NEGOTIATIONS ..................................................................................................... 8 AWARD ...................................................................................................................................... 9 TERMINATION ............................................................................................................................... 9 Amendments ........................................................................................................................... 10 REPORTING ................................................................................................................................. 10 OUTCOMES ................................................................................................................................. 11 Narratives ................................................................................................................................ 11 Financial Reporting .................................................................................................................. 11 Outcomes Reporting ............................................................................................................... 11 Schedule .................................................................................................................................. 11 DOCUMENTATION ................................................................................................................... 12 PROGRAM EVALUATION AND ASSESMENT ............................................................................. 12 TIMELINE ..................................................................................................................................... 13 PROPOSAL SUBMISSION INFORMATION ..................................................................................... 14 GENERAL GUIDELINES ................................................................................................................. 14 PUBLIC RECORDS ..................................................................................................................... 15 INSURANCE REQUIREMENTS ................................................................................................... 15 217
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BUSINESS LICENSES ................................................................................................................. 15 SANCTUARY CITY CONTRACTING ORDINANCE ........................................................................ 15 COLLUSION .............................................................................................................................. 16 WITHDRAWAL OF PROPOSAL .................................................................................................. 16 OWNERSHIP OF DOCUMENTS ................................................................................................. 16 ATTACHMENTS ............................................................................................................................ 16 Attachment 1: Standard Services Agreement with Sanctuary City Compliance Statement and Federal Conditions ................................................................................................................... 16 Attachment 2: Insurance Requirements .................................................................................. 16
RELEASE DATE September 26, 2024
CLOSING DATE October 10, 2024
CONTACT Kyle Lam
Management Analyst
Email: [email protected]
Phone: (510) 620-6802
Lizeht Zepeda
Senior Business Assistance Officer
Email: [email protected]
Phone: (510) 620-6653
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OVERVIEW
The City of Richmond, CA (“City”) is requesting qualifications from qualified providers to administer a building beautification program for small businesses. The goal of this program is to support small businesses in their recovery from the challenges posed by the COVID-19 pandemic by encouraging improvements to commercial buildings. These enhancements can significantly impact the appearance, community pride, economic vitality, and marketability of the properties and businesses.
The City reserves the right to make one or multiple awards under this Request for Qualifications (RFQ), based on what is deemed in its best interest. Additionally, the City may make partial or full awards of the services described below. This RFQ outlines the project, required scope of services, consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with RFQ requirements may result in disqualification. The anticipated contract term is through December 31, 2026, with no renewal options. This one-time ARPA-funded project prohibits modifications or extensions.
Respondents are required to thoroughly read and understand all information contained within this proposal package. By responding to this RFQ, the Respondent acknowledges having read and understood these documents.
The total funding available under this program is $340,000, with $300,000 designated for grants or reimbursements to small businesses participating in the beautification program, providing up to $15,000 each for 20 businesses.
Expected Start Date: November 1
st, 2024
End Date: December 31, 2026
ABOUT THE CITY
The City of Richmond was chartered as a city in 1909 and is located 16 miles northeast of San Francisco, directly across the San Francisco Bay. The City operates a Council-administrator form of government consisting of six council members and a mayor.
Richmond’s population is 116,448. Richmond is one of the region’s most diverse communities:
44.0% of residents identify as Hispanic or Latino, 18.3% identify as Black or African American alone; 17.5% identify as White alone (not Hispanic or Latino), and 14.2% identify as Asian alone.
Richmond is home to a multi-modal transit hub that includes Bay Area Rapid Transit (BART), Amtrak, AC Transit, a marina, diverse commercial business corridors, retail shopping including 219
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small businesses, and restaurants, as well as recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among California's most desirable communities in the San Francisco Bay Area.
The City of Richmond provides a full range of municipal services, including police and fire protection; public works, maintenance of city streets, parks, and planning and building infrastructure services; library services; stormwater and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The city also operates the Richmond Memorial Convention Center and city-owned terminals at the Port of Richmond.
To become better acquainted with the City, please visit the City’s website at www.ci.richmond.ca.us
PROJECT BACKGROUND/DESCRIPTION
On October 27th, 2022, the City of Richmond was awarded a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant by the California Strategic Growth Council. This grant supports the Richmond Rising initiative, a comprehensive, community-driven effort aimed at improving environmental, economic, and social outcomes in the Iron Triangle, Santa Fe, and Coronado neighborhoods.
Richmond Rising: Healthy, Connected, and Climate Strong is led by a coalition of local government agencies and organizations committed to implementing transformative projects with significant environmental, health, and economic benefits. This initiative encompasses several key components designed to address climate change impacts while fostering equitable and sustainable community development. A central aspect of Richmond Rising is the Displacement Avoidance Plan, which combines policies and programs to close gaps in City- provided services, ensuring long-term residency and business presence in the area.
As part of its efforts to support the local community, the City of Richmond has also received American Rescue Plan Act (ARPA) funds from the U.S. Department of the Treasury to aid in the City's response to and recovery from the COVID-19 public health emergency. The Richmond City Council earmarked $1.25 million of these funds on December 5th, 2023, specifically for small business assistance. The funding obligation deadline for ARPA funds is December 31, 2024, with an expenditure deadline of December 31, 2026.
The City recognizes the widespread challenges small businesses have faced due to the pandemic, including periods of shutdown, revenue declines, and increased costs. These 220
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challenges have disproportionately impacted businesses in communities already facing pre- existing disparities, compounding the effects of the pandemic.
To address these issues, a key element of the Displacement Avoidance Plan is the Small Business Building Beautification Program. This program is designed to help small businesses recover from the COVID-19 pandemic by encouraging improvements to commercial buildings.
These enhancements are expected to significantly impact the appearance, community pride, economic vitality, and marketability of properties and businesses.
The City is requesting proposals from qualified providers to administer this building beautification program. The goal is to support small businesses by offering resources that will enable them to enhance the appearance of their properties, thereby contributing to the overall revitalization of the community.
SCOPES OF SERVICES
GOALS
This RFQ seeks to accomplish the following goals:
1. To support, help, and build capacity for disproportionately impacted small businesses to encourage business owners to enhance the appearance of properties through improvements to commercial buildings. Improvement can have a significant impact on the appearance, community pride, economic setting, and marketability of the properties and businesses
TARGET MARKET
In accordance with the US Department of Treasury’s recommended use of Coronavirus State and Local Fiscal Recovery Funds (SLFRF), applicants must provide services to “small businesses” which are defined as:
• Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and • Are a small business concern as defined in section 3 of the Small Business Act 8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation) In addition to the above requirements, the small business shall be disproportionately impacted. 221
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ACTIVITIES
The following activities are sought by the City. An applicant can specialize in one, some, or all of the following activities.
• Building Beautification Program Administration
o Management of grant and reimbursement processes
o Information reporting and documentation
o Intake, verification, and processing of applications
QUALIFICATIONS/EXPERIENCE
Applicants can be a nonprofit 501(c)(3), for profit or social enterprise entity eligible to do business with the City of Richmond.
Applicants must have at least three (3) years of previous experience working with small business owners, especially lower-income individuals, people of color, immigrants, and other historically underserved and/or disadvantaged populations.
BUDGET
This project is funded with the following budget allocations:
• $300,000 allocated for disbursement
• $40,000 allocated for program administration
These figures represent the maximum budget available and should be utilized to cover all necessary costs within each category.
PROPOSAL REQUIREMENTS
Proposals should include the following information:
• Organizational Experience: Describe the applicant’s history, services, and prior outcomes related to administering a grant or reimbursement program. • Proposed Activities and Outcomes: Describe the programs and services that you will deliver, including intended outcomes, to meet the RFQ’s goals and activities as described in the Scope of Services.
• Staffing: Describe your staffing plan including names, titles and relevant qualifications. • Timeline: Include all major milestones and target dates, as appropriate. 222
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• Budget: Include a spreadsheet, which provides line-item expenses along with descriptions if necessary to accomplish the proposed activities and outcomes. • References: Provide Letters of Support or Letters of Reference
SELECTION PROCESS
The Economic Development Director may appoint a selection committee to review the responses and perform the evaluation. The information in each proposal will be reviewed and evaluated based on the following criteria:
Evaluation Criteria
Proposal reflects understanding of the City’s goals and objectives; proposal is complete in its responses to all RFQ elements
30%
Proposed Program Model 25%
Relevant and demonstrated qualifications and experience 30% Cost of proposed services 15%
INTERVIEW/PRESENTATIONS
Upon request of the City of Richmond, Respondents may be requested to give an oral presentation/demonstration on the proposal, which would include a detailed analysis of how each of the RFQ requirements would be addressed should Offeror receive the award. An in- person presentation is preferred but City staff will work with the vendor to determine what is feasible. The demonstration shall be conducted at no cost to the City. The purpose of the presentation is to verify the vendor’s capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.
The City will schedule the interview date, time, and location with the successful finalists. If the vendor fails to participate in the interview on the specified date stipulated, the City may elect to reject the proposal or to re-schedule at its discretion.
Respondents are not guaranteed an opportunity to have an interview. Respondents may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the proposal in conformance with the specifications and its decision shall be final.
Respondents will be given advance notice if required to make a presentation.
PRE-AWARD NEGOTIATIONS
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondents for purposes of:
• Resolving minor differences and information
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• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
Selection may be made without further discussion, negotiations or Respondent’s presentations; therefore, Respondent shall offer the most favorable terms in response to this RFQ.
Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Respondent shall include information that will enable the City to determine the Respondent’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at a final award decision.
AWARD
When the Review Panel has completed its work, City staff will then recommend the City Manager for approval. The award of a contract to the successful respondent will be at the discretion of the City Manager/City Council. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1).
TERMINATION
Each vendor will be evaluated by the Economic Development department based on its performance in relation to the program's objectives and its specific area of responsibility. In the event of a substantial breach, the Economic Development department retains the right to end the contract. For the purposes of the Program, a material breach may include, but not be limited to:
• Failure to adhere to set Program deadlines, including failure to submit reports on time. • Failure to comply with metric reporting regulations.
• Failure to follow the rules for narrative reporting.
• Failure to comply with record-keeping or financial reporting obligations. • Failure to comply with the scope of work specified in the contract. • Not getting in touch with the Economic Development department in a timely manner. • Failure to expend money as specified in the agreement promptly.
In the event of termination, the City Of Richmond is only required to reimburse the recipient for all allowable and unavoidable costs reasonably incurred by the recipient in carrying out its obligations under the agreement as of the terminating event's effective date or during any other period designated by the parties to permit project closeout activities, as determined appropriate by the Economic Development department. The Economic Development 224
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department must be notified via email at [email protected] within 48 hours if a recipient has received notice from a federal or private funding partner that the cooperative agreement is about to expire or that the recipient's operations are being put on probation. Future eligibility may be impacted by failure to notify the City Of Richmond.
Amendments
This one-time ARPA related project prohibits modifications. Under the terms of this ARPA related project no extensions will be granted.
REPORTING
The submission of accurate and comprehensive performance reports as well as financial reports is the responsibility of authorized representatives of the selected provider(s). Authorized Representatives are in charge of obtaining accurate and comprehensive performance reports from sub-recipients where applicable. All required reports must be submitted to the Economic Development department by the Authorized Representative after being examined and accepted. Reports will be sent to the Economic Development department via email.
The selected provider(s)’ reports, or portions thereof, may be made available to the public.
Within forty-five (45) calendar days following the start of the first billing month, Recipients shall provide a performance report to The Economic Development department via email. Within forty-five (45) days after the project's conclusion, a second report will be necessary. The recipient is required to provide the Economic Development department a final report that includes the research results and any related marketing materials.
As part of the application, the recipient must suggest additional reporting milestones, such as interim reports and/or updates to the Economic Development department. The Economic Development department will decide on the precise and comprehensive reporting schedule and share it with the recipient.
The Economic Development department may review payment for the following:
• Reports are not submitted on time
• Reports are found to be insufficient
• Reports are found to be incomplete,
Future eligibility for The Economic Development department funding may be impacted by late reporting. The Economic Development department maintains the right to audit data presented in performance reports by requesting further documentation, conducting on-site visits, speaking with clients served, or confirming other data as necessary to confirm the data in the performance report.
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OUTCOMES
Narratives
The narrative report must be written in Calibri style 12 font in Microsoft Word. An additional report that summarizes the information in the narrative report can be created in PowerPoint format.
Financial Reporting
The following information will be included in the financial report template together with the invoice template:
• Description of non-labor expenses, research and marketing costs, reimbursement timeframes, and a signature from an authorized representative attesting to the accuracy of the information
Outcomes Reporting
The work completed, the results obtained, the advancement made in relation to the project submission plan, and the justification of the cost categories billed must all be detailed in the performance narrative. For instance, if 80 hours were billed to marketing, we would anticipate a detailed description of the work involved (e.g., did staff establish a marketing strategy or carry out a social media campaign aimed at underrepresented businesses) to be provided. If research expenses were incurred, please describe the nature of the study as well as any pertinent findings and effects. Please also explain how the provider was able to focus outreach and marketing efforts on Richmond businesses and entrepreneurs achieve its objectives. The state of Richmond’s small businesses should be examined, with an emphasis on how the COVID-19 Pandemic and COVID-19 have affected them.
Organizations are encouraged to include social metrics so long as they can be backed with verified evidence.
The final study output ought to provide a foundation for future work on equity and disaster resilience within the ecosystem of small company technical assistance as well as work on equity and disaster resilience carried out by the Economic Development department of the City of Richmond.
Schedule
PROGRAM PERIOD REPORTING
PERIOD
October 1 2024 – December 31 2024 1
January 1 2025 – March 31 2025 2
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April 1 2025 – June 30 2025 3
July 1 2025 – September 30 2025 4
October 1 2025 – December 31 2025 5
January 1 2026 – March 31 2026 6
April 1 2026 – June 30 2026 7
July 1 2026 – September 30 2026 8
October 1 2026 – December 31 2026 9
Additionally monthly and/or bi-monthly check-ins are required. Presentations to City Council or Commissions may occur to provide updates. Reports that contain insufficient statements are incomplete.
DOCUMENTATION
The selected provider(s) are required to keep full financial, programmatic, legal compliance audits and examinations of performance in the Program for up to five fiscal years in order to receive reimbursements and to assist these audits and examinations. Funds must also be linked to the program for which they were allocated. The selected provider(s) shall make such records available to the Economic Department upon request. A spreadsheet used by the host organization and subrecipient organizations (i.e. subcontracted small business resource providers and subcontracted contractors to reconcile financial bills and disbursement journals • Support for all charges under the agreement, including canceled checks, vendor invoices, disbursement ledger, and journal entries.
• The reimbursement invoices for expenses supplied by the subcontracted Service Centers, along with any relevant supporting records (such as disbursement ledgers or a comparison of actual and planned spending);
• Payroll data for workers whose salaries are deducted from the agreement. The required standard must be upheld by the recipients and subrecipients for the full-time and part- time staff members assigned to the program. This might comprise, but isn't limited to, activity reports, appointment letters or contracts, performance reviews, and payroll journals.
• Timesheet with backup
PROGRAM EVALUATION AND ASSESMENT
The Economic Development department will keep track of the selected provider(s) progress.
Regularly reviewing performance and financial report data will be part of this monitoring. A check of client files, client fees, training, marketing and administrative invoices, cost-share obligations, and general operations are just a few of the possible inquiries and program assessments that the Economic Development may do to confirm performance. Reviews of programs can be done on-site or remotely. By speaking with the customers who received 227
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support from a Center, the Economic Development department may further examine claimed business aid. No later than five working days prior to the program evaluation, staff will provide instructions and notify selected provider(s) by email if they have been chosen for a program review.
Between program evaluations, the Economic Development department is not tasked with monitoring the selected provider(s) performance. Additionally, the Economic Development department disclaims responsibility for any information that is.
TIMELINE
DATE DELIVERABLE
December 31st, 2024 Reporting Period #1 Ends
January 30th, 2025 Reporting Period #1- Progress Report Due January 30th, 2025 Reporting Period #1 – Invoice Due
March 28th, 2025 Reporting Period #2 Ends
April 30th, 2025 Reporting Period #2- Progress Report Due April 30th, 2025 Reporting Period #2 – Invoice Due
June 30th, 2025 Reporting Period #3 Ends
July 31st, 2025 Reporting Period #3 - Progress Report Due July 31st, 2025 Reporting Period #3– Invoice Due
September 31st, 2025 Reporting Period #4 Ends
October 31st, 2024 Reporting Period #4 Progress Report Due October 31st, 2024 Reporting Period #4 – Invoice Due
December 31st, 2025 Reporting Period #5 Ends
January 30th, 2025 Reporting Period #5 - Progress Report Due January 30th, 2025 Reporting Period #5 – Invoice Due
March 28th, 2025 Reporting Period #6 Ends
April 30th, 2025 Reporting Period #- Progress Report Due April 30th, 2025 Reporting Period #6 – Invoice Due
June 30th, 2025 Reporting Period #7 Ends
July 31st, 2025 Reporting Period #7 - Progress Report Due July 31st, 2025 Reporting Period #7 – Invoice Due
September 30th, 2026 Reporting Period #8 Ends
October 31st, 2026 Reporting Period #8 - Progress Report Due October 31st., 2026 Reporting Period #8 – Invoice Due
December 31st ,2026 Reporting Period #9 Ends
December 31st ,2026 Reporting Period #9 - Progress Report Due December 31st ,2026 Reporting Period #9 – Invoice Due
December 31st, 2026 Administrative review/Final Summary Report Due
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PROPOSAL SUBMISSION INFORMATION
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Respondents will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their proposal was submitted successfully. The City will only receive those proposals that were transmitted successfully. The proposal must be received no later than 3:00 p.m., local time, on October 10, 2024. The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by October 3, 2024 at 3:00 PM. If the City finds it necessary to issue an addendum, prospective Respondents will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by October 7, 2024 by 3:00 PM. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFQ that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFQ. Any party attempting to influence or circumvent the RFQ, bid submittal, and review process shall have their proposal rejected for violating this provision of the RFQ.
Interested parties may download copies of the abovementioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download the RFQ, new Respondents will be required to register. Once the Respondent downloads any documents relative to a solicitation, that Respondent's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFQ.
GENERAL GUIDELINES
This RFQ does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFQ, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFQ. 229
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The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one of more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
PUBLIC RECORDS
All proposals submitted in response to this RFQ become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
INSURANCE REQUIREMENTS
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFQ Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
BUSINESS LICENSES
The successful Respondent and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
SANCTUARY CITY CONTRACTING ORDINANCE
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders/Proposers must submit the Sanctuary City Compliance Statement, attached to Attachment 1, with their Bid or Proposal. 230
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COLLUSION
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
WITHDRAWAL OF PROPOSAL
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
OWNERSHIP OF DOCUMENTS
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
ATTACHMENTS
Attachment 1: Standard Services Agreement with Sanctuary City Compliance Statement and Federal Conditions
Attachment 2: Insurance Requirements
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Ranked Applicant Scorer #1 Scorer #2 Scorer #3
Average
Score
1 Renaissance 85 80 86 83.66667
2 Grants Made Simple 73 75 78 75.33333
Scoring Matrix
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Economic Development
DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Nannette Beacham, Director of Economic Development
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject:
Contract with Empower Soul Studios for Events and
Marketing Services for Buy Local Campaign
FINANCIAL IMPACT: The proposed $156,000 expenditure is funded by the Transformative Climate Communities grant (Account
String – 01361165 – 400201 – 16G23).
PREVIOUS COUNCIL
ACTION:
June 21, 2022
STATEMENT OF THE
ISSUE:
The City of Richmond aims to boost its local economy
and support small businesses through a Buy Local
Campaign. To achieve this, the City seeks a consultant to manage event planning, marketing, and community
engagement. A contract with Empower Soul Studios will
facilitate targeted marketing, branding, and events to
promote local spending, strengthen community ties, and
support economic sustainability in neighborhoods
vulnerable to displacement.
RECOMMENDED ACTION: APPROVE a contract with Empower Soul Studios for event and marketing consultant services for the Buy
Local Campaign in an amount not to exceed $156,000,
for the term January 7, 2025, through December 31,
2026 – Economic Development Department (Nannette
Beacham 510-621-1306/ Lizeht Zepeda 510-620-
6653/Kyle Lam 510-620-6802).
AGENDA
REPORT
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January 7, 2025
DISCUSSION:
Background
On October 27, 2022, the California Strategic Growth Council awarded the City of Richmond a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant, launching the Richmond Rising initiative. This community-led effort focuses on improving the City’s environmental, economic, and social conditions, with an emphasis on the Iron Triangle, Santa Fe, and Coronado neighborhoods.
A core element of the Richmond Rising initiative is the Displacement Avoidance Plan, which integrates policies and programs designed to prevent displacement by fostering opportunities for residents and businesses to thrive within these communities to ensure long-term residency and business presence in the area. A key element of this plan is the Buy Local Campaign, designed to strengthen local businesses and encourage community members to shop within their own neighborhoods.
As a key initiative of the Displacement Avoidance Plan, the Buy Local Campaign was launched to support small, locally owned businesses and encourage community members to actively explore and patronize these enterprises. The campaign aims to increase the visibility of local businesses through targeted outreach efforts, including promotional events, marketing campaigns, and collaborations with community organizations.
By driving customer exploration and increased revenue for small businesses, the campaign enables these businesses to reinvest profits into the local economy. This reinvestment supports job creation, strengthens the economic foundation of neighborhoods, and sustains other local businesses through interconnected economic activity.
Additionally, the Buy Local Campaign plays an important role in fostering economic resilience and mitigate the risks of gentrification and displacement in historically underserved neighborhoods. By promoting greater community engagement and creating opportunities for local businesses to thrive, the campaign builds a foundation for sustainable and inclusive economic growth.
Further supporting this initiative, the Buy Local Campaign includes an online business directory, and a rewards platform designed to boost community engagement and local spending. The directory will act as a centralized resource, increasing the visibility of local businesses and making it easier for residents to discover and support them. The rewards platform will further incentivize shopping locally by allowing residents to earn points or discounts for their purchases, fostering a stronger connection between consumers and neighborhood businesses.
This system benefits consumers with tangible rewards while helping businesses build customer loyalty and encourage repeated patronage. By leveraging technology, the 234
January 7, 2025
campaign ensures equitable access to resources for small businesses, stimulates economic activity in underserved areas, and supports long-term economic resilience.
Additionally, the reinvestment of revenue within the community strengthens job creation and bolsters the economic fabric of Richmond.
Request for Qualifications (RFQ)
On August 1, 2024, the City of Richmond released a Request for Qualifications (RFQ) to solicit proposals from qualified firms to assist in executing the Buy Local Campaign.
This campaign is designed to support small businesses and strengthen the local economy within Richmond. The City sought marketing and event consultants with the expertise necessary to develop and implement a comprehensive strategy to ensure maximum reach and community impact. Proposals were due on August 29, 2024, and five proposals were received from the following firms:
1. 22nd Century Technologies, Inc.
2. Ares Social
3. Aurice Guyton Events
4. Empower Soul Studios & Bashworthy Events
5. Lezama Consulting USA/ J Majors & Associates
Selection Process
Following the submission of proposals, an evaluation committee of City staff was formed to review each proposal based on the following criteria:
Evaluation Criteria
Proposal reflects understanding of the City’s goals and objectives; proposal is complete in its responses to all RFQ elements
30%
Relevant and demonstrated qualifications and experience 35% Cost of proposed services 20%
Detailed community engagement plan 15%
Using a point-based system, the committee reviewed and scored the proposals. The top three firms were selected based on their average scores. These three finalists were:
1. Aurice Guyton Events
2. Lezama Consulting USA/ J Majors & Associates
3. Empower Soul Studios & Bashworthy Events
Each finalist was invited to participate in a virtual interview, during which they presented their proposals followed by a question and answer session. After evaluating the interviews, Empower Soul Studios & Bashworthy Events was selected for this initiative.
Empower Soul Studios & Bashworthy Events
Empower Soul Studios will be partnering with Bashworthy Events to create a holistic strategy focused on supporting local businesses through tailored marketing, branding, 235
January 7, 2025
and event management. Together, they offer a wealth of expertise in event coordination, branding, social media management, and community engagement.
Empower Soul Studios specializes in branding, marketing, and digital content strategy aimed at small businesses. With expertise in branding, marketing, and content development, they help businesses craft strong, cohesive identities and reach their target audience through innovative campaigns and social media strategies.
Bashworthy Events has over nine years of experience in the event management industry, specializing in creating impactful and seamless events. They provide end-to-end event services including planning, budgeting, venue management, vendor coordination, and on-site execution. Their focus is on delivering customized, detail-oriented events that meet the specific needs of their clients.
The partnership between these two organizations focuses on a multifaceted approach to the Buy Local campaign with Empower Soul Studios leading proposed activities that include designing and developing a website for the campaign, creating a cohesive brand identity, and implementing a comprehensive marketing campaign with digital and traditional advertising, social media content and partnerships, and multilingual materials.
In addition, Bashworthy Events will support Empower Soul Studios with the planning, production and implantation of a series of neighborhood-focused events such as business showcases, small business pop-up markets, and holiday shopping events as part of the Buy Local marketing and branding campaign. These events, paired with the creation of a local focused brand identity and comprehensive marketing campaign, aim to increase local spending, strengthen community engagement, and enhance the visibility of local businesses.
Both organizations have built strong relationships with community partners, which will be instrumental to the success of the Buy Local campaign. Some of their established partnerships include the Richmond Main Street Initiative, City of Richmond Economic Development Commission, CoBiz Richmond, Richmond Community Foundation, Renaissance Entrepreneurship Center, and various other local organizations. Notable past projects led by Empower Soul Studios include the annual Taste of Richmond, the city’s first Restaurant Week, and Taste of Bayview. These collaborations will provide a solid foundation for outreach, volunteer engagement, and cross-promotion of events.
Through these partnerships, Empower Souls Studios is positioned to effectively execute their vision of fostering economic growth and supporting local businesses.
Recommendation and Next Steps
City staff recommend approval of a contract with Empower Soul Studios for Event and Marketing Consulting Services for the Buy Local Campaign. The contract is for an amount not-to-exceed $156,000 and has a term from January 7, 2025, through December 31, 2026. This collaboration will enable the City to move forward with its goal 236
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of fostering economic growth, supporting local businesses, and promoting a stronger, more resilient community.
Following City Council approval, City staff will finalize the contract with Empower Soul Studios. City staff will also coordinate with the selected firms to ensure a smooth launch and implementation of the Buy Local Campaign, establishing clear timelines, points of contact, and deliverables. Regular progress meetings will be scheduled to monitor the project’s advancement, address any potential issues, and ensure the effective execution of the Buy Local Campaign’s goals.
POLICY SYNERGIES:
The Richmond Business Recovery Action Plan (Plan), Action 2A, identifies the development of a Buy Local Campaign as a critical recovery action within Strategy 2 of the Plan to provide near-term support to businesses to help reduce closures.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Empower Soul Studios
Attachment 2 – Request for Qualifications Posted Online (RFQ) Attachment 3 – Scoring Matrix
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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.238
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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PROPOSED ACTIVITIES AND OUTCOMES
All activities acknowl edge the entire RFP (Event/Marketing/Graphic Design):
Marketing/Branding/Graphic Design Activities
• Website:
o Design and Development: A user-friendly, visually appealing website will be the campaign's central hub. It will feature information about local businesses, events, and resources for both businesses and residents. • Brand Identity, Messaging, and Cohesion
• Social Media Strategy:
o Platform Identification
o Content Plan
o Engagement Strategy
• Advertising:
o Digital Advertising
o Traditional Advertising
• Branding and Marketing Toolkit:
o Develop a comprehensive toolkit for participating businesses. The toolkit will include guidelines on how to maintain brand consistency while allowing for personalization.
• Resource Brochures
• Marketing Materials for Events
o Design marketing materials such as flyers, posters, and banners for events • (Graphic Design Budget)
o These materials will align with the campaign’s branding and will be used to • promote participation in workshops, webinars, and community events. • Multilingual Marketing Materials
• Archival Services for events, including photos, videos, and content creation.
Even
ts (minimum of six events)
• Neighborhood-Focused Business Events/Campaigns
o Event Planning and Management - there is an opportunity to create different kinds of events for this RFP - some ideas are as follows:
Neighborhood Business Showcases
Small Business Pop-Up Markets
Local Business Week
o Coordinate workshops or seminars on the benefits of buying local and how to support small businesses.
o Promotion and Outreach in coordination with Empower Souls Studios • Holiday-Focused Events or Promotions
o Event Planning and Management:
Holiday Shopping Extravaganza
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Community Holiday Markets
o Promotion and Outreach in coordination with Empower Souls Studios • Collaboration with Local Community Organizations
o Outreach and Partnership Development:
Community Organization Partnerships: Partner with local community organizations, such as chambers of commerce, neighborhood associations, and cultural groups, to support event outreach and engagement.
Joint Marketing and Promotion
Potential Volunteer Engagement
• Support for Local Initiatives: Align event activities with existing community initiatives O
utcomes:
• Increased Local Spending: Boost the amount of money spent within local businesses. • Enhanced Community Engagement: Strengthen the community’s involvement with local • businesses.
• Improved Business Visibility: Elevate the profile of local businesses within the community.
• Economic Development: Support job creation and business growth in the underserved area.
• Consumer Awareness: Raise awareness about the benefits of buying local.
K
ey Performance Indicators:
• Event Attendance:
o Number of participants attending each event
o Growth in attendance compared to previous events
• Local Spending Metrics
o Increase in sales for participating local businesses (tracked through sales data if available).
• Community Engagement:
o Levels of engagement on social media platforms (likes, shares, comments). o Number of new social media followers for local businesses. • Business Participation:
o Number of local businesses participating in the campaign and events.
All
Materials produced will be the ownership of the City of Richmond. 242
Six events total with a variation of types based on the below options:
Category Single EventTwo Events
Business Launch: Product Launch ,
Pop up Shop , Restaurant Event $8,500.00 $17,000.00
Venue: $1,000.00 $2,000.00
Food : $1,500.00 $3,000.00
Entertainment: $750.00 $1,500.00
Decor: $1,250.00 $2,500.00
Planning, Staffing day of: $4,000.00 $8,000.00
Signage (graphic design budget)
Vendor Marketplace: Holidays Markets $9,000.00 $18,000.00 Venue: $1,000.00 $2,000.00
Food : $1,100.00 $2,200.00
Entertainment: $650.00 $1,300.00
Decor: $1,000.00 $2,000.00
Planning, Staffing day of: $4,250.00 $8,500.00
Rentals: $1,000.00 $2,000.00
Signage (graphic design budget)
Business Conference: Womens
Conference, Small Business
Symposium , Networking event $25,000.00 $50,000.00
Venue $3,000.00 $6,000.00
Food $5,000.00 $10,000.00
Entertainment $1,000.00 $2,000.00
Decor $3,250.00 $6,500.00
Rentals $1,500.00 $3,000.00
Speaker Fee $1,500.00 $3,000.00
Branded items (Graphic Design Budget) $0.00
Signage (Graphic design budget)
AV $750.00 $1,500.00
Planning, Staffing day of: $9,000.00 $18,000.00
Total $85,000.00
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Thisbudget outlinesacomprehensiveapproachtoexecutingtheBuyLocal campaign, ensuringthat resourcesareeffectivelyallocatedacrosskeymarketing, branding, advertising, andgraphicdesignactivities. With$58,500dedicatedtomarketing, branding, andadvertising, theplanemphasizesstrategicoutreach, communityengagement, andvisibilityfor local businesses. Anadditional $12,500isallocatedtographicdesign, ensuringhigh-quality, visuallycohesivematerialsthat resonatewiththetarget audience. Thisbalancedbudget isdesignedtomaximizethecampaign'simpact whilemaintainingfinancial efficiency.
1. Marketing, Branding, andAdvertisingBudget - $58,500
A. CampaignBrandingandStrategy- $10,000
● BrandDevelopment: $5,000○ Creationof thecampaignname, logo, andbrandguidelines.● MarketingStrategyDevelopment: $5,000○ Comprehensivemarketingplan, includingsocial mediastrategy, contentcalendar, andpromotional activities.
B. WebsiteDesignandDevelopment - $12,000
● DesignandDevelopment: $8,000○ Creationof auser-friendly, responsivewebsite● Content CreationandManagement: $4,000○ Development of websitecontent, includingcopywriting, blogposts, andregularupdates.
C. Social MediaMarketing- $15,000
● Social MediaManagement: $6,000○ Dailymanagement of social mediaplatforms, content creation, andcommunityengagement.● Social MediaAdvertising: $9,000○ TargetedadsonplatformslikeFacebook, Instagram, andLinkedIntopromotethecampaign, events, andlocal businesses.
D. Digital andTraditional Advertising- $15,000
● Digital Advertising: $10,000○ GoogleAds, local onlinepublicationads, andemail marketingcampaigns.● Traditional Advertising: $5,000○ Print adsinlocal newspapers, radiospots, andbillboards.
E. CommunityOutreachandEventsPromotion- $6,500
● Event Promotion: $4,000
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○ Promotionof neighborhoodandholidayevents, includingflyers, posters, andbanners.● CommunityEngagement Initiatives: $2,500○ Partnershipswithlocal organizations, volunteer engagement, andoutreachefforts.
2. GraphicDesignBudget - $12,500
A. MarketingMaterialsDesign- $5,000
● BrochuresandFlyers: $2,000○ Designof brochures, flyers, andother printedmaterialsfor businessesandresidents.● Event Collateral: $1,500○ Designof posters, banners, andsignagefor eventsandpromotions.● Social MediaGraphics: $1,500○ Creationof brandedsocial mediatemplates, event graphics, andpromotionalimages.
B. Multilingual MaterialsDesign- $3,000
● SpanishLanguageDesign: $2,000○ Translationanddesignadaptationof marketingmaterialstoensureaccessibilityfor Spanish-speakingaudiences.● Additional LanguageAdaptations: $1,000○ Designfor other languagesasneededbasedoncommunitydemographics.
C. BrandingToolkit Design- $2,500
● Toolkit Development: $2,500○ Creationof acomprehensivebrandingandmarketingtoolkit for local businesses,includingcustomizabletemplatesandguidelines.
D. WebsiteandDigital Content Design- $2,000
● WebsiteGraphics: $1,000○ Designof websitevisuals, banners, andiconstoalignwiththecampaign’sbranding.● Email Newsletter Templates: $1,000○ Designof brandedemail templatesfor ongoingcommunicationwithbusinessesandresidents. 245
Total Budget: $71,000
● Marketing, Branding, andAdvertising: $58,500● GraphicDesign: $12,500 246
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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: ________________________________________________ 248
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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, 249
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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 251
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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 252
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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 253
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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 255
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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, 256
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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. 257
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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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
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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)
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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. Cyber Liability Insurance
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
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
Additional Insured Endorsement
(continued)
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.
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.
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Revised: September 2011
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.
1. 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.
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 263
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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.
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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:
265
REQUEST FOR QUALIFICATIONS (RFQ)
Event and Marketing Consultant for Buy Local Campaign
Economic Development Department
City of Richmond
1322 Canal Boulevard
Richmond, CA 94804
RELEASE DATE: August 1, 2024
DUE DATE: August 22, 2024, at 3:00PM
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www.ci.richmond.ca.us/bids
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Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19
Contents
OVERVIEW ....................................................................................................................................... 3 ABOUT THE CITY .............................................................................................................................. 4 ABOUT THE PROJECT ...................................................................................................................... 4 SCOPES OF SERVICES ....................................................................................................................... 5 QUALIFICATIONS/EXPERIENCE........................................................................................................ 5 BUDGET ........................................................................................................................................... 6 PROPOSAL REQUIREMENTS ............................................................................................................ 6 SELECTION PROCESS ....................................................................................................................... 7 INTERVIEW/PRESENTATIONS ...................................................................................................... 7 PRE-AWARD NEGOTIATIONS ....................................................................................................... 7 AWARD ........................................................................................................................................ 8 SCHEDULE ....................................................................................................................................... 8 REPORTING ..................................................................................................................................... 8 TERMINATION ............................................................................................................................... 10 PROPOSAL SUBMISSION INFORMATION ...................................................................................... 11 GENERAL GUIDELINES ................................................................................................................... 12 PUBLIC RECORDS ....................................................................................................................... 12 INSURANCE REQUIREMENTS..................................................................................................... 12 BUSINESS LICENSES ................................................................................................................... 12 COMPLIANCE WITH CITY ORDINANCES .................................................................................... 13 SANCTUARY CITY CONTRACTING ORDINANCE ......................................................................... 13 COLLUSION ................................................................................................................................ 13 WITHDRAWAL OF PROPOSAL .................................................................................................... 13 OWNERSHIP OF DOCUMENTS ................................................................................................... 13 CATEGORY CODES ......................................................................................................................... 14 ATTACHMENTS .............................................................................................................................. 14 Attachment 1: Insurance Requirements ................................................................................... 14 Attachment 2: Standard Services Agreement with Sanctuary City Compliance ...................... 14
267
Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19
RELEASE DATE August 1, 2024
CLOSING DATE August 22, 2024
CONTACT Kyle Lam
Management Analyst
Email: [email protected]
Phone: (510) 620-6802
Lizeht Zepeda
Senior Business Assistance Officer
Email: [email protected]
Phone: (510) 620-6653
OVERVIEW
The City of Richmond, CA (“City”) is requesting proposals from qualified firm(s) to assist the City in events and marketing for the City of Richmond’s Buy Local campaign, intended to support small businesses and the local economy. To effectively launch and manage this campaign, we are seeking marketing and event consultants with the expertise to develop and execute a comprehensive strategy, ensuring maximum reach and impact within the community.
The City reserves the right to make one award or multiple awards under this Request for Qualification (RFQ), whichever is deemed to be in its best interest. The City also reserves the right to make a partial or full award of the services described below. This RFQ describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFQ requirements and procedures may cause disqualification.
The anticipated term of this contract extends until December 2026, with services required only as necessary to meet the specified scopes of work.
Respondents are required to read and understand all information contained within this entire proposal package. By responding to this RFQ, the Respondent agrees to have read and understood these documents.
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Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19
ABOUT THE CITY
The City of Richmond was chartered as a city in 1909 and is located 16 miles northeast of San Francisco, directly across the San Francisco Bay. The City operates a Council-administrator form of government consisting of six council members and a mayor.
Richmond’s population is 116,448. Richmond is one of the region’s most diverse communities:
44.0% of residents identify as Hispanic or Latino, 18.3% identify as Black or African American alone; 17.5% identify as White alone (not Hispanic or Latino), and 14.2% identify as Asian alone.
Richmond is home to a multi-modal transit hub that includes Bay Area Rapid Transit (BART), Amtrak, AC Transit, a marina, diverse commercial business corridors, retail shopping including small businesses, and restaurants, as well as recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among California's most desirable communities in the San Francisco Bay Area.
The City of Richmond provides a full range of municipal services, including police and fire protection; public works, maintenance of city streets, parks, and planning and building infrastructure services; library services; stormwater and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The city also operates the Richmond Memorial Convention Center and city-owned terminals at the Port of Richmond.
To become better acquainted with the City, please visit the City’s website at www.ci.richmond.ca.us
ABOUT THE PROJECT
On October 27th, 2022, Richmond was awarded a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant by the California Strategic Growth Council.
This grant supports the Richmond Rising initiative, a comprehensive, community-driven effort aimed at improving environmental, economic, and social outcomes in the Iron Triangle, Santa Fe, and Coronado neighborhoods of Richmond.
Richmond Rising: Healthy, Connected, and Climate Strong is led by a coalition of local government and organizations committed to implementing transformative projects with significant environmental, health, and economic benefits. This initiative includes several key components designed to address climate change impacts while fostering equitable and sustainable community development.
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Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19
A central aspect of the Richmond Rising initiative is the Displacement Avoidance Plan, which combines policies and programs aimed at closing gaps in City-provided services to ensure long- term residency and business presence in the area. A key element of this plan is the Buy Local Campaign, designed to strengthen local businesses and encourage community members to shop within their own neighborhoods. By enhancing the visibility and accessibility of local vendors, the campaign aims to promote economic resilience, bolster community engagement, and prevent displacement. The campaign will also feature the City’s Open Rewards program, which is hosted on the City's business retention and expansion technology platform.
The City is seeking consultants with expertise in both marketing and event management to support the Buy Local Campaign. Responsibilities include facilitating campaign management and enhancing its reach within the community.
SCOPES OF SERVICES
The following activities are sought by the City. Applicants may specialize in one or all the activities. Coordination with both City staff and external consultants is required.
Marketing
• Create campaign name, website, logo, social media strategy, advertising, branding, and marketing toolkit.
• Create resource brochures for businesses and residents for electronic and paper distribution
• Create marketing materials for events/trainings
• Ensure marketing materials are available in multiple languages, including Spanish Events
• Promote and host a minimum of three neighborhood focused business events/campaign • Promote and host a minimum of three holiday focused events or promotions • Collaborate with local community organizations to support event outreach • Provide archival services for events, including photos, videos, and record retention
QUALIFICATIONS/EXPERIENCE
Applicants must be eligible to do business with the City of Richmond.
Applicants must have at least three years of experience. 270
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City of Richmond – Assistance to Small Businesses Impacted by COVID-19
BUDGET
This project is funded through the TCC grant with the following budget allocations:
• $58,500 allocated for marketing consulting services.
• $12,500 allocated for graphic design services related to marketing materials. • $85,000 allocated for event consulting services.
Please note that the allocated budgets are comprehensive and cover all associated costs within their respective categories. For example, the $85,000 for event consulting services should encompass all expenses related to event management, including consultant fees, event costs, marketing, materials, and administration. Similarly, the $58,500 for marketing consulting services includes all related expenses such as consultant fees, marketing activities, and materials.
These figures represent the maximum budget available and should be utilized to cover all necessary costs within each category.
PROPOSAL REQUIREMENTS
Proposals should include the following information:
• Organizational Experience: Describe the applicant’s history, services, and prior outcomes related to marketing and/or event services.
• Proposed Activities and Outcomes: Describe the programs and services that you will deliver, including intended outcomes, to meet the RFQ’s goals and activities as described in the Scope of Services.
• Community Partnerships/Community Engagement Plan: Describe how you will collaborate with existing community service providers to market this program to the community.
• Portfolio: Applicants should provide a portfolio showcasing their previous work, including examples of: Campaign names, logos, and branding; Websites they have developed; Marketing toolkits and materials; Past events; etc. • Staffing: Describe your staffing plan including names, titles and relevant qualifications. • Budget: Include a separate document, which provides line-item expenses along with descriptions if necessary to accomplish the proposed activities and outcomes. • References: Provide one or more Letters of Support or Letters of Reference 271
Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19
SELECTION PROCESS
The Economic Development Director may appoint a selection committee to review the responses and perform the evaluation. The information in each proposal will be reviewed and evaluated based on the following criteria:
Evaluation Criteria
Proposal reflects understanding of the City’s goals and objectives; proposal is complete in its responses to all RFQ elements
30%
Relevant and demonstrated qualifications and experience 35% Cost of proposed services 20%
Detailed community engagement plan 15%
INTERVIEW/PRESENTATIONS
Upon request of the City of Richmond, Respondents may be requested to give an oral presentation/demonstration on the proposal, which would include a detailed analysis of how each of the RFQ requirements would be addressed should Offeror receive the award. The demonstration shall be conducted at no cost to the City. The purpose of the presentation is to verify the vendor’s capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.
The City will schedule the interview date, time, and location with the successful finalists. If the vendor fails to participate in the interview on the specified date stipulated, the City may elect to reject the proposal or to re-schedule at its discretion.
Respondents are not guaranteed an opportunity to have an interview. Respondents may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the proposal in conformance with the specifications and its decision shall be final.
Respondents will be given advance notice if required to make a presentation.
PRE-AWARD NEGOTIATIONS
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondents for purposes of:
• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
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Selection may be made without further discussion, negotiations or Respondent’s presentations; therefore, Respondent shall offer the most favorable terms in response to this RFQ.
Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Respondent shall include information that will enable the City to determine the Respondent’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at a final award decision.
AWARD
When the Review Panel has completed its work, City staff will then recommend the City Manager for approval. The award of a contract to the successful respondent will be at the discretion of the City Manager/City Council. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 3).
SCHEDULE
The Economic Development anticipates this effort will be completed as follows:
Task Date
Release RFP Early August 2024
Response Due Late August 2024
Interview Late August 2024
Negotiations Early September 2024
City Council Approves Agreement Mid September 2024
Contract Start October 2024
Contract Close December 2026
REPORTING
Consultants are required to provide comprehensive reports detailing their work and outcomes.
All documents and materials produced are the property of the City of Richmond and must be provided in formats that allow for future use and editing by the City. Consultants will also be expected to have regular check-in meetings with City staff.
Website Reporting
Provide a detailed report on the campaign website, including:
• Link: The URL of the website; Access and ownership
• Functionality: Description of how the website meets the campaign’s objectives. 273
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• Development Process: Overview of the development process, including any challenges faced and solutions implemented.
• User Engagement: Metrics on user interactions and engagement with the website.
Marketing Toolkit Reporting
Submit a detailed report on the marketing toolkit, including:
• Campaign Name: Justification for the chosen campaign name and its alignment with goals.
• Logo: Description of the logo design and its significance. • Branding Elements: Explanation of the branding elements used (colors, fonts, design guidelines).
• Additional Marketing Resources: Overview of any additional resources created, such as templates or promotional materials.
Resource Brochures Reporting
Provide a report on the resource brochures, including:
• Creation and Distribution: Details on the creation process and distribution channels for both electronic and paper formats.
• Content: Summary of the content included in the brochures. • Reach: Metrics on how many brochures were distributed and any feedback received.
Kickoff Reporting
Submit a report on the marketing kickoff, including:
• Summary: Key strategies, initial activities, and any early feedback. • Event Details: Description of the kickoff event or activities, including objectives and outcomes.
• Feedback: Any feedback received from attendees or stakeholders.
Marketing Performance Reporting
Provide a report on the overall performance of the marketing campaign, including:
• Engagement Metrics: Data on engagement, reach, and effectiveness of various marketing strategies (e.g., social media, advertising). • Analysis: Analysis of which strategies were most effective and recommendations for future improvements.
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• Impact: Evaluation of the campaign’s impact on the target audience and overall objectives.
Event Reporting
Submit reports on each event, including:
• Neighborhood Business Events: Summary of each of the three neighborhood-focused business events, detailing attendance, key activities, and outcomes. • Holiday Events/Promotions: Summary of each of the three holiday-focused events or promotions, including attendance, activities, and outcomes. • Event Feedback: Any feedback received from participants or community members.
Promotion Reporting
Provide a report on promotional efforts, including:
• Strategies: Description of the strategies used for promoting each event. • Outreach Efforts: Details on outreach activities and their effectiveness. • Metrics: Metrics on the success of promotional efforts and any impact on event attendance or engagement.
Archival Reporting
Include a report on archival materials, including:
• Event Documentation: Description of the archived materials (photos, videos, records) and how they are organized.
• Access: Information on how the City can access and use these materials.
These reporting requirements outline the City’s expectations. Consultants are encouraged to offer additional insights and recommendations that could further enhance the campaign’s impact.
TERMINATION
Each proposal will be evaluated by the Economic Development department based on its performance in relation to the program's objectives and its specific area of responsibility. In the event of a substantial breach, the Economic Development department retains the right to end the contract.
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In the event of termination, the City Of Richmond is only required to reimburse the recipient for all allowable and unavoidable costs reasonably incurred by the recipient in carrying out its obligations under the agreement as of the terminating event's effective date or during any other period designated by the parties to permit project closeout activities, as determined appropriate by the Economic Development department.
PROPOSAL SUBMISSION INFORMATION
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Respondents will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their proposal was submitted successfully. The City will only receive those proposals that were transmitted successfully. The proposal must be received no later than 3:00 p.m., local time, on August 22, 2024. The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by August 15, 2024 at 3:00 PM. If the City finds it necessary to issue an addendum, prospective Respondents will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by August 19, 2024 by 3:00 PM. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFQ that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFQ. Any party attempting to influence or circumvent the RFQ, bid submittal, and review process shall have their proposal rejected for violating this provision of the RFQ.
Interested parties may download copies of the abovementioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download the RFQ, new Respondents will be required to register. Once the Respondent downloads any documents relative to a solicitation, that Respondent's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFQ.
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GENERAL GUIDELINES
This RFQ does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFQ, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFQ. The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Qualifications.
3. Postpone opening for its own convenience
4. Remedy technical errors in the Request for Qualifications process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one of more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
PUBLIC RECORDS
All proposals submitted in response to this RFQ become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
INSURANCE REQUIREMENTS
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFQ Attachment 1. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
BUSINESS LICENSES
The successful Respondent and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. 277
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COMPLIANCE WITH CITY ORDINANCES
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
SANCTUARY CITY CONTRACTING ORDINANCE
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders/Proposers must submit the Sanctuary City Compliance Statement (Attachment 2) with their Bid or Proposal.
COLLUSION
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
WITHDRAWAL OF PROPOSAL
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
OWNERSHIP OF DOCUMENTS
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project. 278
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CATEGORY CODES
91807 – Advertising Consulting
91876 – Marketing Consulting
96207 – Arts Services
96234 – Event Planning Services
ATTACHMENTS
Attachment 1: Insurance Requirements
Attachment 2: Standard Services Agreement with Sanctuary City Compliance
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Round 1 (scoring)
Ranked Applicant Scorer #1 Scorer #2 Scorer #3 Sum of Scores Average
Score
1 J Majors & Associates and Lezama
Consulting 91 87 87 265 88.3333333
2 Aurice Guyton Events 90 92 82 264 88
3 Bashworthy Events + Empower Soul
Studios 77 81 90 248 82.6666667
4 22nd Century Technologies 88 76 68 232 77.3333333
5 Ares Social LLC 66 61 65 192 64
Round 2 interviews (scoring)
Ranked Applicant Interviewer # 1 Interviewer # 2 Average Rank 1 Bashworthy Events + Empower Soul
Studios 1 1 1
2 J Majors & Associates and Lezama
Consulting 2 2 2
3 Aurice Guyton Events 3 3 3
Scoring Matrix
*business in bold received rating incentive per Municipal Code 2.50.070 (5 points) *top three scorers advance to interview round
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December 17, 2024
Economic Development
DATE: December 17, 2024
4TO: Mayor Martinez and Members of the City Council
FROM:
Nannette Beacham, Economic Development Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject:
Contract with Bludot Technologies, Inc. for Buy Local
Software Platform
FINANCIAL IMPACT: The proposed $200,000 expenditure is included within the approved fiscal year 2024 – 2025 budget, Economic
Development Department/Business Division (Account
String - $120,000 – 01361165 – 400201 – 16G23;
$80,000 – 01361165 – 400201 – 36033
Total: $200,000).
PREVIOUS COUNCIL
ACTION:
June 21, 2022
STATEMENT OF THE
ISSUE:
The City of Richmond seeks to enhance its local
economy and support small businesses through the Buy
Local Campaign. To successfully implement this
campaign, the City requires a Buy Local software
platform. The contract with Bludot Technologies, Inc. will provide the necessary software platform to facilitate the campaign by promoting local businesses, offering tools
for economic tracking and reporting, and the
administration of an incentive program for shopping local.
AGENDA
REPORT
281
December 17, 2024
RECOMMENDED ACTION: APPROVE a contract with Bludot Technologies, Inc. for a Buy Local software platform, in an amount not to exceed $200,000, for the term January 7, 2025, through
December 31, 2026 – Economic Development
Department (Nannette Beacham 510-621-1306/Lizeht
Zepeda 510-620-6653/Kyle Lam 510-620-6802).
DISCUSSION:
Background
On October 27, 2022, the California Strategic Growth Council awarded the City of Richmond a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant, launching the Richmond Rising initiative. This community-led effort focuses on improving the City’s environmental, economic, and social conditions, with an emphasis on the Iron Triangle, Santa Fe, and Coronado neighborhoods.
A core element of the Richmond Rising initiative is the Displacement Avoidance Plan, which integrates policies and programs designed to prevent displacement by fostering opportunities for residents and businesses to thrive within these communities to ensure long-term residency and business presence in the area.
As a key initiative of the Displacement Avoidance Plan, the Buy Local Campaign was launched to support small, locally owned businesses and encourage community members to actively explore and patronize these enterprises. The campaign aims to increase the visibility of local businesses through targeted outreach efforts, including promotional events, marketing campaigns, and collaborations with community organizations.
By driving customer exploration and increased revenue for small businesses, the campaign enables these businesses to reinvest profits into the local economy. This reinvestment supports job creation, strengthens the economic foundation of neighborhoods, and sustains other local businesses through interconnected economic activity.
To achieve the goals of this initiative, the Buy Local Campaign includes an online business directory and a rewards platform designed to boost community engagement and local spending. The directory will act as a centralized resource, increasing the visibility of local businesses and making it easier for residents to discover and support them. The rewards platform will further incentivize shopping locally by allowing residents to earn points or discounts for their purchases, fostering a stronger connection between consumers and neighborhood businesses.
This system benefits consumers with tangible rewards while helping businesses build customer loyalty and encourage repeat patronage. By leveraging technology, the 282
December 17, 2024
campaign ensures equitable access to resources for small businesses, stimulates economic activity in underserved areas, and supports long-term economic resilience.
Additionally, the reinvestment of revenue within the community strengthens job creation and bolsters the economic fabric of Richmond.
Request for Qualifications (RFQ)
On October 2nd, 2024, the City of Richmond released a Request for Qualifications (RFQ) to solicit proposals from qualified providers to provide a platform capable of managing a Buy Local Campaign. The ideal platform will allow the City to facilitate reward distribution and support both immediate and long-term small business recovery in a way that fosters economic resilience and community engagement. Proposals were due on October 16th, 2024, and two proposals were received.
Selection Process
Following the submission of proposals, an evaluation committee was formed to review each proposal based on the following criteria:
Evaluation Criteria
Service Summary/Model 35%
Relevant and demonstrated qualifications and experience 30% Cost of proposed services 35%
Proposals were received from the following:
1. Bludot Technologies, Inc.
2. FSH Tech
Using a point-based system, the committee reviewed and scored the proposals. Bludot Technologies, Inc. was the highest scoring proposal.
Bludot Technologies
Bludot Technologies Inc. is a woman-owned local technology company based in the Bay Area that specializes in providing solutions for economic development. Established in 2019, Bludot has partnered with over 180 public agencies across 30 states to deliver tools that help small to mid-sized cities engage with local businesses and drive community impact. Among its offerings, the Open Rewards platform stands out as a turnkey solution for "shop local" programs that stimulate local economies, foster consumer loyalty, and strengthen community branding. Additionally, Bludot provides tools like a business directory, CRM, and Business Retention and Expansion (BR&E) platform to further support local business engagement and economic growth.
The Open Rewards platform simplifies participation for both consumers and businesses.
Consumers can earn rewards for purchases at eligible businesses, regardless of payment method—cash, credit, or debit. This inclusivity ensures that all community 283
December 17, 2024
members can benefit equally. Rewards are seamlessly redeemed at participating businesses, encouraging repeat visits and keeping spending local. A major advantage of Open Rewards is that it requires no additional actions from businesses; there’s no need to sign up, train staff, or alter operations, ensuring a hassle-free experience while minimizing errors and fraud.
For cities, the platform offers significant administrative efficiencies. Bludot manages all aspects of program setup, maintenance, customer service, and technology backend, reducing the burden on municipal staff. Additionally, cities gain access to a reporting dashboard that provides valuable insights into consumer shopping patterns, frequently visited businesses, and the program's overall impact.
By combining ease of use, equity in access, and minimal administrative overhead, Open Rewards not only boosts local spending but also strengthens consumer-business relationships and enhances the economic resilience of communities. Its proven effectiveness makes it an ideal tool for cities like Richmond to promote their Buy Local campaigns and foster sustainable local growth.
Recommendation and Next Steps
City staff recommends approval of a contract with Bludot Technologies, Inc. for the Buy Local Software Platform. The contract, valued at $200,000, will run from January 7, 2025 through December 31, 2026. Of this amount, $170,000 will be allocated for the Open Rewards Fund, which will be used exclusively for the rewards and incentives earned by customers for shopping locally. These funds, owned and managed by the City of Richmond, will be held and distributed by Bludot exclusively for the campaign's implementation. Any unspent funds at the end of the contract term will revert back to the City.
The remaining $30,000 will compensate Bludot for its services related to marketing and administering the Open Rewards program. This collaboration aims to foster economic growth, support local businesses, and build a more resilient community.
Following City Council approval, staff will work with the firm to ensure a smooth project launch and implementation. Clear timelines, points of contact, and deliverables will be established, with regular progress meetings scheduled to monitor the project’s advancement, address any issues, and ensure the effective execution of the Buy Local Campaign’s objectives.
POLICY SYNERGIES
The Richmond Business Recovery Action Plan, Action 2A, identifies the development of a Buy Local Campaign as a critical recovery action within Strategy 2 of the Plan to provide near-term support to businesses to help reduce closures.
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December 17, 2024
DOCUMENTS ATTACHED:
Attachment 1 – Contract with Bludot Technologies, Inc.
Attachment 2 – Request for Qualifications Posted Online (RFQ) Attachment 3 – Scoring Matrix
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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.
Economic Development
Lizeht Zepeda
[email protected]
(510) 620-6653
Buy Local Software Platform
Bludot Technologies, Inc.
650 Castro St, Ste. 120 PMB 96003
Mountain View, CA, 94041
Sophia Zheng
[email protected]
C Corporation
January 7, 2025
December 31, 2026
200,000.00
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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
Bludot Technologies, Inc.
287
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]:
Bludot Technologies, Inc.
Bludot’s Open Rewards platform is designed to give cities a turn-key solution for their shop local programs. The following paragraphs provide a detailed description of how it works and its capabilities.
Open Rewards is a mobile app that lets consumers earn and redeem rewards while shopping local. Consumers would download the app from either Android or Apple app stores on their mobile devices and create a free account. Once their account is created, they will be able to earn rewards when they shop at any eligible businesses in Richmond.
It is important to emphasize that consumers can earn rewards no matter how they pay, whether it be credit cards, debit cards, or cash. This is to ensure that any member of the community will be able to benefit from the program equally. If a consumer linked their credit or debit card with their Open Rewards account, which is an option, not a requirement, they will earn rewards based on purchases made on their connected cards. In all other scenarios (i.e. the consumer does not have a card, did not want to link their card, paid by cash), the consumer would take a photo of the receipt, which will be processed and the rewards will be issued accordingly
Rewards Processing, Customer Support, Administration & Compliance ($9,875) Process all rewards earning and redeeming requests from customers including receipts processing, rewards issuing, payout issuing, and validation. Answer all customer support queries via email, text, and call as needed. Perform administrative duties including general compliance
Marketing & Promotion Administration ($20,125)
Promote the program in the community to generate awareness and boost program participation.
This can include, landing page, social media campaign, traditional media, voucher/referrals/sign up bonus distributions, text notifications, and created marketing resources (refer to attached project plan)
Rewards Fund ($170,000)
Total contract: $200,000
The contract is valued at $200,000. Of this amount, $170,000 will be allocated to the Open Rewards Buy Local Campaign. These funds, owned and managed by the City of Richmond, will be held and used by Bludot exclusively for the campaign's implementation. Any unspent funds at the end of the contract term will revert to the City. The remaining $30,000 will compensate Bludot for its services related to the Buy Local software.
Also refer to Project Plan (attached)
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Bludot TechnologiesProject LaunchPlanfor [ CommunityName] OpenRewards: Power your ShopLocal
OVERVIEW
Congratsonlaunchingashop-local programinyour communitywithBludot! Whether youarejust startingalocal shopprogramor modernizingyour program, OpenRewardscanhelp.
Thisproject planoutlinestheresponsibilitiesnecessaryfor what isexpectedonyour community/organization’ssidetoget upandrunningassoonaspossible, thephasestolaunch, andongoingsupport andsuccess.
GOALS
1. InfluenceLocal Shopping: Increaseconsumer awarenessof local businessesand encouragethemtospendmoneylocallyat your businesses.
2. Increasedvisibilityfor small businesses: Byofferingrewardsanddisplayingbusinesses onour app, wecanhelpconsumersfindnewbusinessestoshopat.
TEAMANDRESPONSIBILITIES:
Bludot Project Manager: Overseeproject execution, timelines, andresourceallocation.
LivStromme, Director of Customer Success, [email protected] City/CommunityProject Manager: Provideproject dataandmanagebusinesscommunication planandcommunitylaunch
Name, role, email
LAUNCHPHASES
DataImport of Businesses
ProgramSet Up&Customization
MarketingandPromotion
AdminPlatformTrainingandOnboarding
ProgramWindDown&Reporting
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PHASES & PROJECT PLAN
PROGRAM PARAMETERS FOR LAUNCHING
Data Import of Businesses
Handoff & Kickoff Call: On this call, we will go over the project plan, discuss items that need to be shared by team members, and share timelines.
We are happy to import all business data for you! We match our results against Google to find social media/website links, photos, hours, and more.
If you want to provide the list of businesses to import, a spreadsheet format is best to email to Liv ([email protected]) to import data. It’s okay not to have any of the information below, but of course, the more information you have on your businesses, the better! ○ Business information suggestions to include in your spreadsheet: Business name, Address, Website, Social media
Businesses to Import:
Program Setup and Customization
1. Each Community can set its parameters for how it wants to run its open rewards program! This allows you to build the rewards program to fit your budget and community needs.
2. The following sections are areas we can customize & adjust for your community:
a. Rewards fund amount:
This is the amount of money you are putting into the program. You can always put more money into this account at any time! Cities typically contribute between $5,000 to $1,000,000 with the average around $20,000.
b. Rewards percentage:
The percentage back a consumer will earn on their purchases. Our default is 5%, but you can adjust this to the best reward percentage for your goals. Sometimes communities even choose to raise this for small business Saturday to 10% or 290
simply for an area or sector of business, such as downtown businesses or a local restaurant week.
c. Redemption Methods:
i. Redemption Required:
This option requires the app users to apply their rewards to a future transaction, rather than being allowed to cash out their rewards after their first purchase.
ii. Direct Payout:
This allows users to cash out their rewards directly after earning rewards, rather than having to spend more money in the community to apply rewards.
d. Rewards Expiration:
You can choose if you want rewards to expire if consumers don’t redeem them within a certain period. Expired rewards will return to the community rewards fund available to be distributed to other users. Most communities default to a a. Incentivizing new user strategies:
i. Voucher Codes:
We can generate voucher codes for you to print onto rewards cards or share digitally. These could be distributed to local businesses to give out to their patrons, to city sta
ff to give to constituents they meet, or at city
events such as Restaurant Week or Small Business Saturday. When users redeem those codes, they will get the appropriate reward $ amount added to their account instantly to be used towards shopping locally! If you choose to do this, we need to know how many codes we need to create (one code that can be used repeatedly or unique one-time codes on each card), and the reward $ amount associated with each code. 291
ii. Sign-up bonus:
You can choose to offer a sign-up bonus to incentivize new users to join your rewards program and start shopping. A dollar amount such as $10 goes a long way in convincing someone to download an app! iii. Referral bonuses:
You can offer referrals to your consumers to refer their friends. We can offer rewards bonuses for every referral and also offer funds to the person who signs up as well. Typically we see give $10, get $10.
b. Maximum rewards earned:
i. Per transaction:
If you choose to include retailers that have large transactions (eg. a furniture store, or a car dealership), you can set the maximum amount of rewards a consumer can receive per transaction. We usually cap this at $10 ($200 spent x 0.05 rewards = $10 rewards), but you can go higher or lower! ii. In total:
If you choose to limit that a person can only earn up to a certain dollar 292
amount of rewards across businesses.
Marketing & Promotion
Marketing your rewards program through a multi-faceted marketing approach through already proven methods for your community is the best way to have a successful program to increase local shopping and drive meaningful engagement within the community. With the above program parameters, your team can choose how you can reach your consumers and how they engage best.
1. Landing Page: Our team will gladly put together a landing page for your site or you can build an Open Rewards landing page on your website. Below is an example of each option.
a. Bludot created landing page: Goochland County, VA
i. Please give our team a few days to build the site and provide us with your logo and photos from local businesses to use.
b. Community-created landing pages: Link to a list of community-created pages
2. Social Media Campaign: Utilize social media platforms to reach a wide audience, engage residents, and generate excitement about the rewards program. a. Strategies:
i. If you o
ffer a signup or referral bonus, this is a great thing to promote on social media to incentivize sign-ups.
ii. Run targeted ads on platforms like Facebook, Instagram, and Twitter to reach speci
fic demographics and geographic locations within the city. iii. Create engaging and visually appealing content showcasing local businesses, products, and success stories.
iv. Collaborate with in
fluencers, local bloggers, and community leaders to
amplify the message and reach di fferent demographics.
3. Traditional Media: Leverage local news channels and newspapers to amplify the Open Rewards App and reach residents who may not be active on digital platforms. a. Strategies:
i. Develop a press release highlighting the objectives and bene fits of the open rewards program, emphasizing its importance in bolstering the local economy and supporting small businesses.
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ii. Explore opportunities for sponsored content or advertorials in local newspapers, providing in-depth coverage of the rewards app and its impact on the city.
iii. Participate in radio interviews or segments on local talk shows to discuss the importance of shopping locally and promote upcoming events or initiatives related to the program.
4. Voucher/Referrals/Sign-Up Bonus Distribution: Incentivize residents to participate in the shop's local program by o
ffering vouchers, referrals, and sign-up bonuses.
a. Strategies:
i. Distribute coupon codes through various channels, including community events, dropping them o
ff at local businesses to share with their patrons,
local newspapers, city newsletters, and digital platforms. ii. Implement a referral program where residents can earn additional vouchers by encouraging friends and family to participate.
5. In-App & T ext Noti
fications: Incentivize users to get back in the app with noti fications to use their reward balance, let them know about a promotion such as 10% for Small Business Saturday or black history month, promoting referral bonuses, and more! We can send noti
fications at whatever cadence you’d like.
**Please email us a few days before you want a noti fication to be sent/promotions to be adjusted.**
a. Small Business Saturday Promotion:
"Support Local & Save! 🛍🎉Celebrate Small Business Saturday with 10% back at local businesses in _____! Y our purchase helps local businesses thrive. Don’t miss out on the double rewards today!"
b. Refer a Friend & Get $5, Give $5 Promotion:
"Double the Rewards & shop with a friend! 🎁Refer a friend today, and you’ll both get $5 cash back in _____! More friends, more rewards—start sharing today! Referral o
ffer available from [Insert Date] to [Insert Date]"
c. Restaurant Week 10% Promotion:
"It’s Restaurant Week! 🍽Enjoy 20% cash back on your meal this week at participating downtown restaurants! T aste the savings and support local eats!"
6. Important Marketing Dates to note:
a.
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7. Bludot Created Marketing Resources from Bludot & Timelines:
Our team can assist in generating marketing materials tailored to your community's unique needs, for your team to distribute across multiple channels.
Asset Output Timeline
Homepage App Banner Digital 2 Days
Landing Page Digital 2 Days
Bludot-Branded One Sheeter Digital
Printed & Shipped
Same Day
1-2 Weeks
Customer-Branded One
Sheeter
Digital
Print & Shipped
1 Week
2-3 Weeks
Voucher Cards Digital
Printed & Shipped
1 Week
2-3 Weeks
T ent Cards Digital
Printed & Shipped
1 Week
2-3 Weeks
Postcards Digital
Printed & Shipped
1 Week
2-3 Weeks
First-Time Print Assets
(Things we have not
made/are custom)
Digital
Printed & Shipped
2 Weeks
3-4 Weeks
Web Placements Digital 1 Week
Social Media Digital 1 Week
Videos Digital
TBD (Average
turnaround for videos is
1-2 months)
Open Rewards Admin Platform Training and Onboarding
1. Once the database has been imported into Open Rewards, we will send you a link to create your account. The dashboard includes the following:
Dashboard: all your data & program stats in one place
Businesses: How to add a business & edit existing businesses Sponsor Community: Transaction history & funds
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Settings: Approvals, percentages, users, and referrals.
Program Wind Down & Reporting
As the program approaches its conclusion, it is important to ensure a smooth wind-down process that keeps users informed the program is coming to a close to using their rewards and provides your team with insights on the program's impact. The following steps outline the key areas of focus for closing out the program:
1. User Notifications
Communicating with users towards the end of the program helps clear up tons of questions that could come your way and encourages final participation. Noti fications should include information such as last opportunities to redeem rewards, program expiration dates, and any upcoming changes to reward percentages or redemption methods.
a. In-App & T ext Noti
fications:
i. Send noti fications reminding users of the remaining time to redeem their rewards, including a countdown to the final program expiration date. ii. Notify users about any final promotions, such as increased rewards for the last few weeks.
iii. Include a thank-you note for their participation, encouraging continued support of local businesses even after the program ends & to stay tuned for future promotions via open rewards.
b. Sample Noti
fications:
i. Final Redemption Reminder: "Don't miss out! Y ou have until [Expiration Date] to redeem your rewards. Support your local businesses and make the most of your rewards now!"
ii. Last Call for Double Rewards: "Final days for double rewards! Shop local and enjoy 10% cash back at participating businesses until [Date]."
2. Reporting & Insights
At the end of the program, providing comprehensive reports to the stakeholders is essential to demonstrate the program’s success and areas for improvement. The following reports should be generated:
1. Program Impact/User Report:
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a. Includekeymetricssuchasthetotal number of businessesthat participated, total rewardsdistributed, andtotal purchasesmadethrough theprogram.
b. Highlight theeconomicimpact onthelocal community, withabreakdown of howmuchwasspent at small businesses.
c. Sharenumber of activeusersandbreakdownof newusersadded d. Provideinsightsonthemost successful promotions, suchaswhich campaignsor redemptionmethodsresultedinthehighest engagement. 297
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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.
Lizeht Zepeda
Lizeht Zepeda
Bludot Technologies, Inc.
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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: ________________________________________________ Lizeht Zepeda
[email protected]
Bludot Technologies, Inc.
Bludot Technologies, Inc.
650 Castro St, Ste. 120 PMB 96003
Mountain View, CA, 94041
[email protected]
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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, Bludot Technologies, Inc.
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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 Bludot Technologies, Inc.
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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 Bludot Technologies, Inc.
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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 Bludot Technologies, Inc.
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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 Bludot Technologies, Inc.
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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, Bludot Technologies, Inc.
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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.
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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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
Bludot Technologies, Inc.
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_____________________________
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)
Bludot Technologies, Inc.
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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. Cyber Liability Insurance
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
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
Additional Insured Endorsement
(continued)
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.
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.
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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.
1. 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.
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 314
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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.
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_____________________________
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:
Bludot Technologies, Inc.
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REQUEST FOR QUALIFICATIONS (RFQ)
Buy Local Campaign Platform
Economic Development Department
City of Richmond
1322 Canal Boulevard
Richmond, CA 94804
RELEASE DATE: October 2, 2024
DUE DATE: October 16, 2024, at 3:00PM
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www.ci.richmond.ca.us/bids
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Contents
OVERVIEW ....................................................................................................................................... 4 ABOUT THE CITY .............................................................................................................................. 4 PROJECT BACKGROUND/DESCRIPTION .......................................................................................... 5 SCOPES OF SERVICES ....................................................................................................................... 6 GOALS .......................................................................................................................................... 6 TARGET MARKET ......................................................................................................................... 6 ACTIVITIES ................................................................................................................................... 6 QUALIFICATIONS/EXPERIENCE........................................................................................................ 7 BUDGET ........................................................................................................................................... 7 PROPOSAL REQUIREMENTS ............................................................................................................ 7 SELECTION PROCESS ....................................................................................................................... 8 INTERVIEW/PRESENTATIONS ...................................................................................................... 8 PRE-AWARD NEGOTIATIONS ....................................................................................................... 9 AWARD ........................................................................................................................................ 9 TERMINATION ............................................................................................................................... 10 Amendments ................................................................................ Error! Bookmark not defined.
REPORTING ................................................................................................................................... 10 OUTCOMES ................................................................................................................................... 10 Financial Reporting .................................................................................................................... 10 Outcomes Reporting ................................................................................................................. 11 Schedule .................................................................................................................................... 11 DOCUMENTATION ..................................................................................................................... 12 PROGRAM EVALUATION AND ASSESMENT .............................................................................. 12 TIMELINE ....................................................................................................................................... 12 PROPOSAL SUBMISSION INFORMATION ...................................................................................... 13 GENERAL GUIDELINES ................................................................................................................... 14 PUBLIC RECORDS ....................................................................................................................... 15 INSURANCE REQUIREMENTS..................................................................................................... 15 BUSINESS LICENSES ................................................................................................................... 15 318
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SANCTUARY CITY CONTRACTING ORDINANCE ......................................................................... 15 COLLUSION ................................................................................................................................ 15 WITHDRAWAL OF PROPOSAL .................................................................................................... 15 OWNERSHIP OF DOCUMENTS ................................................................................................... 16 ATTACHMENTS .............................................................................................................................. 16 Attachment 1: Standard Services Agreement with Sanctuary City Compliance Statement and Federal Conditions .................................................................................................................... 16 Attachment 2: Insurance Requirements ................................................................................... 16
RELEASE DATE October 2, 2024
CLOSING DATE October 16, 2024
CONTACT Kyle Lam
Management Analyst
Email: [email protected]
Phone: (510) 620-6802
Lizeht Zepeda
Senior Business Assistance Officer
Email: [email protected]
Phone: (510) 620-6653
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OVERVIEW
The City of Richmond, CA (“City”) is requesting qualifications from qualified service providers to administer a Buy Local campaign that incentivizes local spending through a rewards-based program for small businesses. The goal of this program is to support small businesses in their recovery from the challenges posed by the COVID-19 pandemic by providing a platform that encourages residents to shop locally. The selected provider will offer a product that can produce, manage rewards distribution, track consumer engagement, and support City administrators in overseeing the program. This initiative aims to bolster local economic resilience, enhance community pride, and increase the visibility and marketability of local businesses.
The City reserves the right to make one or multiple awards under this Request for Qualifications (RFQ), based on what is deemed in its best interest. Additionally, the City may make partial or full awards of the services described below. The City also reserves the right to not make an award and reject bids. This RFQ outlines the project, required scope of services, consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with RFQ requirements may result in disqualification. The anticipated contract term is through December 31, 2026, with no renewal options.
Respondents are required to thoroughly read and understand all information contained within this proposal package. By responding to this RFQ, the Respondent acknowledges having read and understood these documents.
The total funding available under this program is $200,000, with $170,000 designated as the fund for the buy local campaign disbursement.
Expected Start Date: Late Fall 2024
End Date: December 31, 2026
ABOUT THE CITY
The City of Richmond was chartered as a city in 1909 and is located 16 miles northeast of San Francisco, directly across the San Francisco Bay. The City operates a Council-administrator form of government consisting of six council members and a mayor.
Richmond’s population is 116,448. Richmond is one of the region’s most diverse communities:
44.0% of residents identify as Hispanic or Latino, 18.3% identify as Black or African American alone; 17.5% identify as White alone (not Hispanic or Latino), and 14.2% identify as Asian alone. 320
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Richmond is home to a multi-modal transit hub that includes Bay Area Rapid Transit (BART), Amtrak, AC Transit, a marina, diverse commercial business corridors, retail shopping including small businesses, and restaurants, as well as recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among California's most desirable communities in the San Francisco Bay Area.
The City of Richmond provides a full range of municipal services, including police and fire protection; public works, maintenance of city streets, parks, and planning and building infrastructure services; library services; stormwater and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The city also operates the Richmond Memorial Convention Center and city-owned terminals at the Port of Richmond.
To become better acquainted with the City, please visit the City’s website at www.ci.richmond.ca.us
PROJECT BACKGROUND/DESCRIPTION
As part of its ongoing efforts to support the local community, the City of Richmond has received American Rescue Plan Act (ARPA) funds from the U.S. Department of the Treasury. These funds are intended to aid the City’s response to and recovery from the COVID-19 public health emergency. On December 5th, 2023, the Richmond City Council allocated $1.25 million of these ARPA funds specifically for small business assistance, with a funding obligation deadline of December 31, 2024, and an expenditure deadline of December 31, 2026.
The City acknowledges the substantial challenges small businesses have encountered during the pandemic, such as forced closures, declining revenues, and increased operating costs.
These difficulties have disproportionately affected businesses in historically underserved communities, exacerbating existing disparities.
In response, the City plans to launch a Buy Local Campaign, a community-wide rewards initiative designed to stimulate the local economy by encouraging residents to shop at local businesses. Consumers will be able to earn rewards on their purchases at participating businesses, which can then be redeemed at other eligible local establishments.
To implement this campaign effectively, the City is seeking proposals from qualified providers to provide a platform capable of managing a Buy Local Campaign. The ideal platform will allow the City to facilitate reward distribution and support small businesses in a way that fosters economic resilience and community engagement. The City is actively exploring platforms that meet these objectives and can tailor the program to the needs of the Richmond community. 321
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SCOPES OF SERVICES
GOALS
This RFQ seeks to accomplish the following goals:
To support, assist, and build capacity for impacted and disproportionately impacted small businesses by encouraging local consumers to shop at and engage with local businesses. By incentivizing local spending, the program aims to strengthen the economic resilience of these businesses, enhance community pride, and boost the visibility and marketability of local enterprises, ultimately fostering a thriving local economy.
TARGET MARKET
In accordance with the US Department of Treasury’s recommended use of Coronavirus State and Local Fiscal Recovery Funds (SLFRF), applicants must provide services to “small businesses” which are defined as:
• Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and • Are a small business concern as defined in section 3 of the Small Business Act 8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).
In addition to the above requirements, the small business shall be either impacted or disproportionately impacted:
Impacted Small Business
• Decreased revenue or gross receipts;
• Financial insecurity;
• Increased costs;
• Capacity to weather financial history;
• Challenges covering payroll, rent or mortgage, and other operating costs Disproportionately Impacted Small Business
• Small Businesses located in Richmond operating in Qualified Census Tracts
ACTIVITIES
The following activities are sought by the City.
• Buy Local Campaign Platform and Administration
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o Ensure Compliance with City/State/Federal/ARPA guidelines o Program Support and Management: Provide support to customers and City administrators, oversee processing and overall administration o Software Platform: Provide a platform that allows City administrators to set and manage program parameters, including rewards and participation guidelines. o Reward System: Implement a solution that enables a reward-based incentive program.
o Public-Facing App: Offer a mobile app where community members can earn and redeem rewards for supporting local businesses.
o CRM Integration: Include capability of integrating platform with Customer Relationship Management (CRM) solution.
o Business Directory: Include capability of a public-facing directory within the platform to promote participating local businesses.
QUALIFICATIONS/EXPERIENCE
Applicants should have demonstrated experience in providing a platform and administering a Buy Local campaign, specifically focused on reward-based incentive programs. Expertise in managing such programs, including handling rewards processing, customer support, and ensuring compliance with relevant regulations, is essential.
BUDGET
This project is funded with the following budget allocations:
• $170,000 allocated for disbursement
• $30,000 allocated for subscription, administration, insurance fees These figures represent the maximum budget available and should be utilized to cover all necessary costs within each category.
PROPOSAL REQUIREMENTS
Proposals should include the following information:
• Executive Summary: A brief overview of the proposal, highlighting the key elements and benefits of the campaign platform.
• Company Background: Information about the vendor’s history, mission, relevant experience, and expertise in local marketing or community engagement. 323
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• Proposed Solution:
o Platform Features: Detailed description of the platform’s functionalities (e.g., user interface, data analytics, integration capabilities). o Campaign Strategies: Outline of proposed strategies for promoting local businesses, including outreach methods and engagement tactics. • Implementation Plan: A timeline and plan for launching the platform, including key milestones, resources needed, and any training or support provided to local businesses. • Budget: A detailed breakdown of costs associated with the platform, including initial setup, ongoing maintenance, and any additional fees.
• Success Metrics: Proposed key performance indicators (KPIs) to measure the effectiveness of the campaign, such as engagement rates, user growth, or sales increases for local businesses.
• Case Studies/References: Examples of previous successful campaigns or similar projects.
• Team Qualifications: Information about the project team, including their roles, relevant experience, and any qualifications that enhance the proposal. • Additional Value: Any unique offerings or additional value that the vendor can provide, such as community partnerships or promotional opportunities. o Including these elements will give the city a comprehensive view of each vendor's proposal, facilitating a fair and thorough evaluation process. • Insurance Requirements (optional): Please provide insurance documentation if possible.
SELECTION PROCESS
The Economic Development Director may appoint a selection committee to review the responses and perform the evaluation. The information in each proposal will be reviewed and evaluated based on the following criteria:
Evaluation Criteria
Service Summary/Model 35%
Relevant and demonstrated qualifications and experience 30% Cost of proposed services 35%
INTERVIEW/PRESENTATIONS
Upon request of the City of Richmond, Respondents may be requested to give an oral presentation/demonstration on the proposal, which would include a detailed analysis of how each of the RFQ requirements would be addressed should Offeror receive the award. An in- person presentation is preferred but City staff will work with the vendor to determine what is feasible. The demonstration shall be conducted at no cost to the City. The purpose of the 324
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presentation is to verify the vendor’s capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.
The City will schedule the interview date, time, and location with the successful finalists. If the vendor fails to participate in the interview on the specified date stipulated, the City may elect to reject the proposal or to re-schedule at its discretion.
Respondents are not guaranteed an opportunity to have an interview. Respondents may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the proposal in conformance with the specifications and its decision shall be final.
Respondents will be given advance notice if required to make a presentation.
PRE-AWARD NEGOTIATIONS
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondents for purposes of:
• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
Selection may be made without further discussion, negotiations or Respondent’s presentations; therefore, Respondent shall offer the most favorable terms in response to this RFQ.
Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Respondent shall include information that will enable the City to determine the Respondent’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at a final award decision.
AWARD
When the Review Panel has completed its work, City staff will then recommend the City Manager for approval. The award of a contract to the successful respondent will be at the discretion of the City Manager/City Council. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1).
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TERMINATION
Each vendor will be evaluated by the Economic Development department based on its performance in relation to the program's objectives and its specific area of responsibility. In the event of a substantial breach, the Economic Development department retains the right to end the contract. For the purposes of the Program, a material breach may include, but not be limited to:
• Failure to adhere to set Program deadlines, including failure to submit reports on time. • Failure to comply with metric reporting regulations.
• Failure to follow the rules for narrative reporting.
• Failure to comply with record-keeping or financial reporting obligations. • Failure to comply with the scope of work specified in the contract. • Not getting in touch with the Economic Development department in a timely manner. • Failure to expend money as specified in the agreement promptly.
In the event of termination, the City Of Richmond is only required to reimburse the recipient for all allowable and unavoidable costs reasonably incurred by the recipient in carrying out its obligations under the agreement as of the terminating event's effective date or during any other period designated by the parties to permit project closeout activities, as determined appropriate by the Economic Development department. The Economic Development department must be notified via email at [email protected] within 48 hours if a recipient has received notice from a federal or private funding partner that the cooperative agreement is about to expire or that the recipient's operations are being put on probation. Future eligibility may be impacted by failure to notify the City Of Richmond.
REPORTING
The submission of accurate and comprehensive performance reports as well as financial reports is the responsibility of authorized representatives of the selected provider(s). Authorized Representatives are in charge of obtaining accurate and comprehensive performance reports from sub-recipients where applicable. All required reports must be submitted to the Economic Development department by the Authorized Representative after being examined and accepted.
OUTCOMES
Financial Reporting
The following information will be included in the financial report template together with the invoice template:
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• Description of non-labor expenses, research and marketing costs, reimbursement timeframes, and a signature from an authorized representative attesting to the accuracy of the information
Outcomes Reporting
The work completed, the results obtained, the advancement made in relation to the project submission plan, and the justification of the cost categories billed must all be detailed in the performance narrative. For instance, if 80 hours were billed to marketing, we would anticipate a detailed description of the work involved (e.g., did staff establish a marketing strategy or carry out a social media campaign aimed at underrepresented businesses) to be provided. If research expenses were incurred, please describe the nature of the study as well as any pertinent findings and effects. Please also explain how the provider was able to focus outreach and marketing efforts on Richmond businesses and entrepreneurs achieve its objectives. The state of Richmond’s small businesses should be examined, with an emphasis on how the COVID-19 Pandemic and COVID-19 have affected them.
The final study output ought to provide a foundation for future work on equity and disaster resilience within the ecosystem of small company technical assistance as well as work on equity and disaster resilience carried out by the Economic Development department of the City of Richmond.
Schedule
PROGRAM PERIOD REPORTING
PERIOD
October 1 2024 – December 31 2024 1
January 1 2025 – March 31 2025 2
April 1 2025 – June 30 2025 3
July 1 2025 – September 30 2025 4
October 1 2025 – December 31 2025 5
January 1 2026 – March 31 2026 6
April 1 2026 – June 30 2026 7
July 1 2026 – September 30 2026 8
October 1 2026 – December 31 2026 9
Additionally monthly and/or bi-monthly check-ins may be required. Presentations to City Council or Commissions may occur to provide updates. Reports that contain insufficient statements are incomplete.
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DOCUMENTATION
The selected provider(s) are required to keep full financial, programmatic, legal compliance audits and examinations of performance in the Program for up to five fiscal years in order to receive reimbursements and to assist these audits and examinations. Funds must also be linked to the program for which they were allocated. The selected provider(s) shall make such records available to the Economic Department upon request. A spreadsheet used by the host organization and subrecipient organizations (i.e. subcontracted small business resource providers and subcontracted contractors to reconcile financial bills and disbursement journals • Support for all charges under the agreement, including canceled checks, vendor invoices, disbursement ledger, and journal entries.
• The reimbursement invoices for expenses supplied by the subcontracted Service Centers, along with any relevant supporting records (such as disbursement ledgers or a comparison of actual and planned spending);
• Payroll data for workers whose salaries are deducted from the agreement. The required standard must be upheld by the recipients and subrecipients for the full-time and part- time staff members assigned to the program. This might comprise, but isn't limited to, activity reports, appointment letters or contracts, performance reviews, and payroll journals.
• Timesheet with backup
PROGRAM EVALUATION AND ASSESMENT
The Economic Development department will keep track of the selected provider(s) progress.
Regularly reviewing performance and financial report data will be part of this monitoring. A check of client files, client fees, training, marketing and administrative invoices, cost-share obligations, and general operations are just a few of the possible inquiries and program assessments that the Economic Development may do to confirm performance. Reviews of programs can be done on-site or remotely. By speaking with the customers who received support from a Center, the Economic Development department may further examine claimed business aid. No later than five working days prior to the program evaluation, staff will provide instructions and notify selected provider(s) by email if they have been chosen for a program review.
Between program evaluations, the Economic Development department is not tasked with monitoring the selected provider(s) performance. Additionally, the Economic Development department disclaims responsibility for any information that is.
TIMELINE
DATE DELIVERABLE
December 31st, 2024 Reporting Period #1 Ends
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January 30th, 2025 Reporting Period #1- Progress Report Due January 30th, 2025 Reporting Period #1 – Invoice Due
March 28th, 2025 Reporting Period #2 Ends
April 30th, 2025 Reporting Period #2- Progress Report Due April 30th, 2025 Reporting Period #2 – Invoice Due
June 30th, 2025 Reporting Period #3 Ends
July 31st, 2025 Reporting Period #3 - Progress Report Due July 31st, 2025 Reporting Period #3– Invoice Due
September 31st, 2025 Reporting Period #4 Ends
October 31st, 2024 Reporting Period #4 Progress Report Due October 31st, 2024 Reporting Period #4 – Invoice Due
December 31st, 2025 Reporting Period #5 Ends
January 30th, 2025 Reporting Period #5 - Progress Report Due January 30th, 2025 Reporting Period #5 – Invoice Due
March 28th, 2025 Reporting Period #6 Ends
April 30th, 2025 Reporting Period #- Progress Report Due April 30th, 2025 Reporting Period #6 – Invoice Due
June 30th, 2025 Reporting Period #7 Ends
July 31st, 2025 Reporting Period #7 - Progress Report Due July 31st, 2025 Reporting Period #7 – Invoice Due
September 30th, 2026 Reporting Period #8 Ends
October 31st, 2026 Reporting Period #8 - Progress Report Due October 31st., 2026 Reporting Period #8 – Invoice Due
December 31st ,2026 Reporting Period #9 Ends
December 31st ,2026 Reporting Period #9 - Progress Report Due December 31st ,2026 Reporting Period #9 – Invoice Due
December 31st, 2026 Administrative review/Final Summary Report Due
PROPOSAL SUBMISSION INFORMATION
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Respondents will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their proposal was submitted successfully. The City will only receive those proposals that were transmitted successfully. The proposal must be received no later than 3:00 p.m., local time, on October 16, 2024. The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent. 329
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All questions must be submitted via the electronic BidsOnline system on the Q&A tab by October 9, 2024 at 3:00 PM. If the City finds it necessary to issue an addendum, prospective Respondents will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by October 11, 2024 by 3:00 PM. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFQ that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFQ. Any party attempting to influence or circumvent the RFQ, bid submittal, and review process shall have their proposal rejected for violating this provision of the RFQ.
Interested parties may download copies of the abovementioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download the RFQ, new Respondents will be required to register. Once the Respondent downloads any documents relative to a solicitation, that Respondent's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFQ.
GENERAL GUIDELINES
This RFQ does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFQ, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFQ.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one of more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals. 330
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PUBLIC RECORDS
All proposals submitted in response to this RFQ become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
INSURANCE REQUIREMENTS
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFQ Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
BUSINESS LICENSES
The successful Respondent and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
SANCTUARY CITY CONTRACTING ORDINANCE
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders/Proposers must submit the Sanctuary City Compliance Statement, attached to Attachment 1, with their Bid or Proposal.
COLLUSION
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
WITHDRAWAL OF PROPOSAL
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
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OWNERSHIP OF DOCUMENTS
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
ATTACHMENTS
Attachment 1: Standard Services Agreement with Sanctuary City Compliance Statement and Federal Conditions
Attachment 2: Insurance Requirements
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Ranked Applicant Scorer #1 Scorer #2 Scorer #3 Sum of Scores Average
Score
1 Bludot Technologies 97 100 95 292 97.3333333
2 FSH Tech 83 72 20 175 58.3333333
Scoring Matrix
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January 7, 2025
Economic Development
DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Nannette Beacham, Director of Economic Development
Samantha Carr, Environmental Manager
Subject:
Public Health Institute CivicSpark AmeriCorps Program
Contract
FINANCIAL IMPACT: The contract for one full-time CivicSpark AmeriCorps fellow in the amount of $36,000 is proposed to be funded by the Environmental and Community Investment
Agreement for implementation of the City’s Climate
Action Plan (11771018 400201 2A1AA).
PREVIOUS COUNCIL
ACTION:
July 26, 2022
December 19, 2023
STATEMENT OF THE
ISSUE:
Public Health Institute is the new administrator/fiscal sponsor of the “CivicSpark” AmeriCorps Fellowship
Program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing,
and mobility. City of Richmond has served as a
placement site for approximately 10 years and has been
very satisfied with the fellows work and the reciprocal relationship.
RECOMMENDED ACTION:
APPROVE a sole-source contract with Public Health
Institute for one full-time CivicSpark AmeriCorps fellow for a total contract amount not to exceed $36,000, with a term ending on December 31, 2025 – Economic
Development (Samantha Carr 510-620-5407/ Nannette
Beacham 510-620-1306).
AGENDA
REPORT
334
January 7, 2025
DISCUSSION:
Background
CivicSpark is an AmeriCorps program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing, and mobility. Public Health Institute (PHI) is now the administrator/fiscal sponsor of the CivicSpark program. The previous administrator/fiscal sponsor was CivicWell (formally Local Government Commission), in partnership with the State of California through the Office of Planning and Research, and California Volunteers.
CivicWell provides training, support, AmeriCorps payroll and administrative services, recruitment, and placement of CivicSpark fellows as part of the service contract.
The City of Richmond received a placement of a CivicSpark AmeriCorps fellow for the 2024-2025 program year and the program is now administered by PHI. A full-time fellow serves for an 11-month term. The City has served as a placement site for 10 years and has been very satisfied with the Fellows’ work and seeks to continue to serve as a placement site with the proposed contract.
The CivicSpark Fellow assigned to the Richmond Environmental and Health Initiatives Division will be dedicated to implementation of the City’s Climate Action Plan (CAP) such as but not limited to continued development of the City’s Climate Action Plan open data platform (www.transparentrichmond.org), implementation of state laws (SB 1383), Richmond Green-Blue New Deal, and community engagement and education.
POLICY SYNERGIES
2023 City Council Priority Goal 4.3 Reduce illegal dumping
General Plan 2030
- Goal EC1: Leadership in Managing Climate Change. Take steps to address climate change and to manage its effects. This entails not only pursuing ground- breaking programs and innovative strategies but educating residents and businesses about these actions and actively monitoring results to ensure progress in critical areas. Partner with other jurisdictions and organizations to develop effective regional solutions and regulation at regional, state, and federal levels. Collaborate with residents, businesses, public agencies, and neighboring jurisdictions, to meet or exceed state requirements for reductions in greenhouse gas emissions.
- Action EC1.B: Public Awareness and Education Program. Develop a program to educate and inform residents and businesses about key climate change challenges and potential solutions. Develop and disseminate information on topics such as waste reduction, recycling, green buildings and landscaping, and renewable energy generation. Utilize a range of tools including fact sheets, 335
January 7, 2025
website newsletters, advertising, and workshops to reach potential audiences.
The program should be reviewed and evaluated periodically for effectiveness.
The public awareness and education program should be incorporated into the climate action plan.
Climate Action Plan
- Strategy EE1 Leverage existing programs and rebates to improve efficiency of existing buildings.
- Strategy RE 1 Increase local solar energy generation. - Strategy RE3 Promote conversion from natural gas to clean electricity. - Strategy SW2 Increase participation in Recycling Programs and Incentives.
DOCUMENTS ATTACHED:
Attachment 1 – Public Health Institute CivicSpark AmeriCorps Program Contract Attachment 2 – Approved Sole Source
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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.
CS 62
PHI002540 - 8540
Economic Development
Samantha Carr
[email protected]
620-5407
CivicSpark Americorps Fellowship program
Public Health Institute
555 12th Street, Suite 600
Oakland, CA 94607-4046
Justin Brosseau
[email protected]
September 16, 2024
December 31, 2025
36,000.00
24-25
36,000.00
337
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
CS 62
PHI002540 - 8540
Public Health Institute
338
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]:
CS 62
PHI002540 - 8540
Public Health Institute
Please see attached and here by incorporated within in Attachment 1. 339
RECITALS
A. The Public Health Institute (“PHI”), a California nonprofit public benefit corporation , administers the CivicSpark program as part of the federal AmeriCorps program. PHI provides capacity building services to local organizations through project implementation activities performed by AmeriCorps Members (“CivicSpark Fellows” or “Fellows”). Fellows can only work on contracted and allowable service activities. CivicSpark will provide this service to the City of Richmond, California (“Partner”) , by conducting assessments, implementing planning or action projects, engaging volunteers, and transferring knowledge to Partner’s staff.
B. Partner desires to engage PHI to provide certain services through the CivicSpark program. PHI desires to provide those services and to be compensated accordingly.
C. Partner and PHI enter into this Agreement in order to memorialize the terms concerning PHI performance of the services and Partner's obligations with respect thereto.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and PHI hereby covenant and agree as follows:
AGREEMENT
1. PHI’s Scope of Services. During the term of this Agreement, PHI agrees to perform the services described in Attachment B - Scope of Services, (“Services”) attached hereto and incorporated herein.
The project for which the services are provided must align with the performance measures and may not involve any of the prohibited activities set forth in Attachment A – Contracted Performance Measures and Prohibited Activities attached hereto and incorporated herein.
2. Partner’s Responsibilities. During the term of this Agreement, Partner agrees to perform the responsibilities and roles as described in Attachment C – Partner Responsibilities, attached hereto and incorporated herein, as such responsibilities and roles relate to Partner’s participation in the CivicSpark program.
3. Compensation; Reimbursable Expenses . For the Services provided by PHI under this Agreement, Partner shall pay PHI the compensation set forth in Attachment D - Compensation and Billing, attached hereto and incorporated herein.
4. Term. The term of this Agreement shall commence and PHI's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, as agreed to in the timeline defined in Attachment F - Term. This Agreement is subject to earlier termination as provided herein, until the services are complete and all compensation and reimbursable expenses are paid to PHI.
5. Termination. This Agreement may be terminated prior to the end of the Term upon the bankruptcy or insolvency of either party or upon 30 days’ written notice by the terminating party to the non - terminating party.
Exhibit A- Attachment 1
340
If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate the Agreement by giving written notice to the breaching party.
Termination will take effect immediately on re ceipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For purposes of this provision, material breach of this Agreement includes, but is not limited to, the following: (a) Partner’s failure to pay PHI any compensation due within 30 days after written demand for payment; (b) PHI’s failure to perform the Services as provided in this Agreement , not including a Fellow unable to provide services for the full contract duration and a suitable replacement cannot be provided ; (c) Partner offering employment to the Fellow that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date as described in Attachment C(1)(j); or (d) either party’s material breach of any representation or agreement contained in this Agreement.
6. Excuse of Performance . PHI's obligation to perform the services specified in this Agreement shall be excused if the performance is prevented or substantially delayed due to circumstances not caused, in whole or in part, by PHI, including any such circumstances caused by Partner.
7. Independent Contractor. It is the express intention of the parties that PHI is an independent contractor and not an employee, agent, joint venturer, or partner of Partner. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between Partner and PHI or any employee or agent of PHI. Both parties acknowledge that PHI may retain the services of others to assist it but that such persons as Fellows and PHI’s employees are not Partner employees for any purpose. PHI further agrees that it shall be exclusively responsible for payment of compensation and benefits to any Fellow and PHI employee it retains and shall be liable for all taxes required to be reported and remitted to appropriate tax authorities.
8. Insurance. PHI agrees to maintain the insurance type as required by the City of Richmond.
9. Indemnification. To the extent limited by applicable law, each party to this Agreement (“Indemnitor”) shall defend, indemnify, defend and hold harmless the other party (“Indemnitee”) and its directors, officers, agents, contractors, volunteers, and employees, from and a gainst any and all liabilities and claims, including attorney’s fees and other legal expenses. arising directly or indirectly from any act or failure by the Indemnitor of or in any way related to the Indemnitor’s performance of this Agreement or representations made in this Agreement. The Indemnitor is not responsible for the acts or omissions of the Indemnitee and nothing herein shall be construed to require the Indemnitor to indemnify the Indemnitee for the acts or omissions of the Indem nitee. This provision shall survive the termination of this Agreement.
10. Ownership of Documents . Ownership of any designs, plans, maps, reports, specifications, drawings, and other information or items produced by PHI while performing Services under this Agreement will be assigned to and owned jointly by PHI and Partner. The original of all reports, memoranda, studies, plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by PHI in the performance of the Services for Partner shall be the joint property of PHI and Partner.
11. Notices. All legal notices or other communications required to be given hereunder shall be in 341
writing and shall be deemed to have been given if: (1) personally delivered then on the date of personal delivery; (2), if mailed by certified mail, postage prepaid, return receipt requested, then three (3) business days after mailing and shall be addresse d as follows:
To PHI (if legal): Office of Chief Legal Counsel
Public Health Institute
555 12th Street, Suite 600
Oakland, CA 94607 -4046
Any notices related to post -award management shall be in writing and sent via electronic mail. Notice will be deemed to have been given when sent by electronic mail upon the sender’s receipt of acknowledgement from the intended recipient .
To PHI (if other) CivicSpark
Public Health Institute
[email protected]
To Partner: Name Samantha Carr
Partner Name City of Richmond, California
Address 450 Civic Center Plaza
City, State, Zip Richmond, California, 9480 6
Phone 5102833542
Email [email protected]
Either party may change its address by giving written notice thereof to the other party.
12. Attorneys' Fees. The party prevailing in any action at law or in equity necessary to enforce or interpret the terms of this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled.
13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without giving effect to principles of conflicts of laws. Any suit, action or legal proceeding arising out of this Agreement shall be submitted to a state or federal court sitting in Alameda County, California, which will have exclusive jurisdiction and venue over the dispute and to which jurisdiction the parties irrevocably submit.
14. Entire Agreement; Amendments . This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpo se. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. In particular, n either party may vary the scope of services described in Attachment B – Scope of Services or responsibilities in Attachment C – Partner Responsibilities except as expressly agreed to in writing by the other party. The budgets for direct labor and expenses are based on the Services described in Attachment B – Scope of Services and 342
any modification may affect direct labor costs and project expenses and must be approved in writing by Partner
15. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement.
16. Severability. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision of this Agreement not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
17. Waiver. The waiver of any breach of any provision hereunder by any party hereto shall not be deemed to be a waiver of any preceding or subsequent breach hereunder.
18. Warranty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this Agreement and to bind such principal to the terms hereof.
19. Counterparts. This Agreement may be executed by electronic or hard -copy signature and in counterparts, each of which shall be deemed to be one and the same instrument. The exchange of executed copies of this Agreement by facsimile, email or other electronic transmission will constitute effective execution and delivery of this Agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having th e same effect as an original signature.
20. Match Funds Under Federal Award . PHI will be applying funding received under the Agreement to serve as a federal “Match” or “Cost Share” for a federally funded Award as described further in Attachment A. Partner certifies that the source of funding used to fund this Agreement comply with Title 2 CFR § 200.306.
Attachment A
Contracted Performance Measures and Policies
PHI has contracted with AmeriCorps to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by AmeriCorps and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to Partner by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to Partner staff. The project scope in Attachment B must align with the measures below:
1) Capacity Building for Local Public Organizations – Fellows’ direct service hours should be spent building capacity for local service recipients to address their relative needs with regard to specific issues (e.g., climate, water, housing etc.). Fellows will address these needs by assisting one or more local service recipients to develop or implement projects that they would otherwise not be able to complete. Capacity building will be delivered in 3 stages, including: (1) gap assessments; (2) research, planning, and implementation service projects; and (3 ) transition of knowledge.
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2) Volunteer Engagement – All Fellows should have the opportunity to build further capacity by engaging, recruiting, and supporting volunteers. Volunteers may be engaged as either one -time volunteers (e.g., – volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns).
3) Training and Professional Development for Fellows – Fellows can spend up to 20% of their service year (340 of their 1700 total hours) on training. Training includes the one -week orientation at the start of the service year, mid -year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals.
The majority of the work provided by CivicSpark to Partner via direct service only involves the first measure (Capacity Building). The second and third measures are predominantly met through training, service and professional development activities provide d to the Fellows by PHI. Some activities that occur while working with local government beneficiaries or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner.
Prohibited Activities: Federal guidelines further restrict certain activities, which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the CivicSpark program or AmeriCorps, this includes direct fundraising or grant writing which are not allowable activities in CivicSpark. In addition to only working on contracted performance measure service activities, the following activities are prohibited (see 45 CFR § 2520.65):
1. Attempting to influence legislation;
2. Organizing or engaging in protests, petitions, boycotts, or strikes;
3. Assisting, promoting, or deterring union organizing;
4. Impairing existing contracts for services or collective bargaining agreements;
5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office;
6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;
7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaini ng facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization;
8. Providing a direct benefit to—
(1) A business organized for profit;
(2) A labor union;
(3) A partisan political organization;
(4) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in these provisions 344
shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
(5) An organization engaged in the religious activities described above, unless AmeriCorps assistance is not used to support those religious activities;
9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive;
10. Providing abortion services or referrals for receipt of such services; and
11. Such other activities as AmeriCorps may prohibit.
Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps logo must not be worn while doing so.
Reasonable Accommodations : Per Federal Guidelines and PHI policies, the CivicSpark programs and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this:
1. PHI and Partner will comply with Equal Opportunity Employment guidelines.
2. PHI and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations.
3. PHI and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on the Organization's operations.
4. PHI and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.
Non-Duplication and Non-Displacement: Federal guidelines further restrict engagement of CivicSpark Fellows to duplicate or displace staff (see 45 CFR § 2540.100(e) -(f), noted below)
(e) Nonduplication. AmeriCorps assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, AmeriCorps assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides.
(f) Nondisplacement.
(i) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance. (ii) An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance.
(iii) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 345
(iv) A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. (v) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that —
1. Will supplant the hiring of employed workers; or
2. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(vi) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any — i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
v. Employee who is on strike or who is being locked out.
Labor Union Concurrence: In following non-duplication and non-displacement AmeriCorps policies as noted above, the Partner must obtain the written concurrence of any local labor organization(s) representing employees of the Partner who are engaged in the same or substantially sim ilar work as that proposed to be carried out by the Fellow in Attachment B if they:
1. Will serve as a placement site for AmeriCorps members (Fellows);
2. Has employees engaged in the same or substantially similar work as that proposed to be carried out by AmeriCorps members; and
3. Those employees are represented by a local labor organization.
Written concurrence can be in the form of a letter or e - mail from the local union leadership. Written concurrence should be included along with this contract if applicable.
Partner is not required to obtain labor organization concurrence if:
1. There are no local labor organizations representing employees of the Partner who are engaged in the same or substantially similar work as that proposed to be carried out; or
2. Partner is not required to consult with labor organizations, because there are no appropriate local labor organizations representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by the Fellow.
Non-Harassment and Civil Rights Policy :
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Attachment B
Scope of Services
PHI will perform the following services:
1) General Program Responsibilities
a. Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b. Recruit and train Fellows to provide capacity building services for the region. c. Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year.
d. Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior.
e. Manage local government beneficiary and/or other partner service contracts. f. Share outcomes from service with Partner.
g. Provide membership to PHI’s national network for an additional fee, if desired. As a PHI member, you will have access to our wider organization’s direct assistance and practical tools for implementing on -the-ground successes in your community. Member benefits including networking and best practices, event discounts, invitations to lunch & lea rns, news and action updates, resource highlights and policy action alerts. 2) Fellow Responsibilities
a. Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year.
b. Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c. Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d. Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Attachment A above.
e. Complete accurate project reporting in a timely manner as required by AmeriCorps, including: assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments. f. Avoid participation in prohibited activities.
g. Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h. Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; State Day of Service, and AmeriCorps week Service Day. 3) Project Specific Scope of Work
a. The City of Richmond provides CivicSpark members an opportunity to complete projects within an 11-month time frame and a significantly contribute to advancing the City's Climate Action Plan and Health in All Policy goals. The City of Richmond seeks to hire two CivicSpark members that will be focused on Climate Action planning and implementation by assisting with but not limited to:
i. updating the Climate Action Plan update
ii. continuing development of the City’s Climate Action Plan open data platform on Transparent Richmond (www.transparentrichmond.org )
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iii. implementing strategies and objectives within the Climate Action Plan , Health in All Policies and City Council Priorities
iv. Supporting community air monitoring efforts
b. All projects will interface with the public through educational outreach and the Transparent Richmond dashboard as well as decision makers to update necessary city documents.
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Attachment C
Partner Responsibilities
Partner will perform the following services:
(1) Support Responsibilities
(a) Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media, job boards, etc.) (b) Identify one staff member to act as the “Site Supervisor” for the project, and point person for both the Fellow and CivicSpark staff. At the time of this agreement, the Partner staff member assigned as Site Supervisor for the Fellow during their term of service is: Samantha Carr, Environmental Manager,
[email protected]
(c) Site Supervisor shall support project implementation and professional development by:
(i) Setting aside at least 1 hour/week to check in with each Fellow and provide assistance for each approved project.
(ii) Familiarizing Fellows to the host organization (including safety procedures and protocols), resources, and project scope.
(iii)Completing an initial performance assessment of each Fellow (survey and goal setting) within 1 month of the start of the service year; conducting a mid -year performance review; and completing a final performance review survey prior to the end of the service year.
(iv) Seeking opportunities to integrate Fellows’ professional goals into project activities.
(v) As appropriate, facilitating Fellows’ transition at the end of their service year by introducing Fellows to relevant colleagues and networks. (vi) Provide adequate professional workspace for Fellows within the office (e.g., desk, computer, phone, etc), and ensure that site and workplace are accessible to individuals with disabilities if needed. The Partner’s office address is: 450 Civic Center Plaza 450 Civic Center Plaza Richmond, California 94806
1. Provide a laptop or equivalent computer if Fellow(s) will be teleserving from home on a regular basis (e.g. hybrid schedule).
2. If needed due to COVID or any other emergency reason, be able to support partial virtual service for Fellows (e.g., remote access to files, plans for virtual check-in and support, technology support for remote work) (d) Develop defined project scope(s) and identify goals to be completed in an agreed upon timeframe.
(i) Ensure key staff for each defined project completes a pre -service capacity assessment survey before the start of the service year and a post -service capacity assessment towards the end of the year.
(ii) Ensure key staff for each defined project participates in a project interview early on in the service year (within the first 2 -3 weeks), a part of the CivicSpark gap assessment process.
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(e) Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer engagement activities and participating in transitional event)
(f) Keep Regional Coordinators and/or other PHI staff apprised of project developments and/or challenges, and working to redefine project scope(s) and goals as necessary. (g) If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with PHI staff in a timely manner so PHI staff can assess the challenges and intervene as needed. (h) Assist with occasional site visits to Partner by PHI staff. (i) Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers.
(j) Not offer the CivicSpark Fellow part - or full-time employment that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year - end date. Such circumstances would constitute a material breach of this Agreement as described under 5. Termination above, and Partner would remain responsible for paying any remaining amounts due under this Agreement had the Fellow completed their project with the Partner.
(2) Reporting Responsibilities
(a) Complete applications for CivicSpark projects, identifying:
(i) Total hours desired for service work;
(ii) Identification of at least 2 projects for at least 1 beneficiary per fellow (or 1 project for 2 or more beneficiaries).
1. Beneficiaries can be individual departments within a single local government or even individual staff members within the same department.
2. Specific eligibility requirements are provided here:
https://civicsparkfellowship.org/partnership -opportunities (b) Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year. The pre -service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows’ work made prog ress toward the goals and baselines established in the pre -service capacity assessment survey.
(c) Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year (within the first 2 -3 weeks), a part of the CivicSpark gap assessment process. (d) Submit Fellow performance assessments on time, as described above. (e) Complete any additional project reporting defined as necessary. (f) Allow CivicSpark to share results of all reporting with the state service commission and AmeriCorps, for required grant reporting.
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Attachment D
Compensation and Billing
This is a firm fixed price type agreement and compensation will be provided in a lump sum as described in this attachment. Costs, total project hours 1, additional prep-hours and travel budget for support options on a per-Fellow basis are defined below.
PHI will receive no more than $ 36,000, for one Senior Fellow for performing the services set forth in this Agreement.
Per Fellow Benefits
Costs $31,000/Fellow
Additional $5,000/Fellow for returning Fellow to same site Project Support 11 Months, 1,300+ project hours
Additional Benefits Up to 80 additional project -prep hours.
Up to 100 volunteer engagement hours.
PAYMENT OPTION
Lump Sum Payment — $36,000
The Partner shall make a one -time, lump sum payment to PHI that covers the entirety of the amount due for services to be performed . Lump Sum payment is due at contract signing. If for some reason Fellow is unable to provide services for the full contract duration (e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is responsible for the full contract amount re gardless of hours of service actually provided . Partner must inform PHI prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details.
Partner Billing Contact Details & Instructions
Partner Organization Billing Address:
ATTN Accounts Payable
450 Civic Center Plaza
Richmond CA 94804
Main Billing Contact
Name & Title: Samantha Carr, Environmental Manager
Email Address: [email protected]
Phone: (510) 620-5407
Billing Contact #2
Name & Title: Yahna Williamson, Associate Management Analyst
1 Note that project hours include all project related activities as well as basic administrative tasks related to CivicSpark service (e.g., completing timecards, progress reports, project related communications with PHI staff, etc.). 353