Richmond City Council
April 1, 2025

sl/prc
to visit www.coronavirus.cchealth.org/get-vaccinated website to determine vaccine eligibility and make vaccination appointments.

Councilmember Martinez reported that he attended the East Bay Plain Subbasin Groundwater Sustainability Plan Development Technical Advisory Committee meeting on January 27, 2021.

Councilmember Martinez announced that a stakeholders meeting was held in February 2021.

ADJOURNMENT
There being no further business, the meeting adjourned at 10:05 p.m., in memory of Sabrina Kurita and Cicely Tyson, to meet again on Tuesday, February 16, 2021, at 6:30 p.m.

Clerk of the City of Richmond
(SEAL)
Approved:

Mayor
465
RESOLUTION NO. 8-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, DESIGNATING THE EMPLOYMENT AND TRAINING

DEPARTMENT AS THE AMERICA'S JOB CENTER OF CALIFORNIA SM (AJCC)

OPERA TOR AND CAREER SERVICE PROVIDER FOR THE CITY OF RICHMOND,

WORKFORCE DEVELOPMENT BOARD (WDB)
WHEREAS, the Employment and Training is an existing City department that provides grant- funded workforce development services to Richmond residents via its RichmondWORKS and Youth WORKS programs and is staffed by civil service employees represented by SEIU Locall021 and IFPTE Local21 AFL-CIO management employees; both unions having language in their Memorandum of Understanding with the City of Richmond that prohibits the outsourcing of work represented by the bargaining units; and WHEREAS, one of the funding sources that support the operations of the department is the Workforce Innovation and Opportunity Act (WIOA), with the City's general fund providing direct support of the Employment and Training AJCC staff; with implications oflosing this support if City staff are not the service operators; and WHEREAS, WIOA (Public Law 113-128) Section 121(d)(2)(A) states Local Workforce Development Boards are to procure an AJCC operator and career service providers at least once every four years; and
WHEREAS, the City of Richmond has dedicated staff and funding to deliver these services to the citizens of Richmond for over 40 years with continuous success in funding performance and accountability, known by the State EDD and Workforce Development Board as a High Performing local area; and
WHEREAS, the City of Richmond and WDB has had a strong and distinctive relationship, providing high quality and essential workforce development services for the extremely diverse and unique Richmond community; and
WHEREAS, WIOA Section 107(g)(2) states that a Local Board may be designated or certified as a AJCC operator with the agreement of the Chief Elected Official (CEO) in the local area and the Governor; and
WHEREAS, the Richmond CEO will request a waiver ofWIOA Section 121(d)(2)(A) provisions as provided in Federal Rules sub-section 678-635.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, as follows:

1. The forgoing recitals are true and correct.

2. The Employment and Training Department is the designated America's Job Center of California'm (AJCC) Operator and Career Service Provider for the City of Richmond, Workforce Development Board (WDB).

3. The Employment and Training Department shall carry out the functions described in WIOA section 134(c)(3)(A) (and any functions specified for the local AJCC operator and service provider under the WIOA or the provisions establishing a core program) for the designated local area, and any other applicable Federal or State law.

4. The Richmond City Council hereby approves and adopts the Richmond Local Workforce Development Board Recertification Request attached hereto as Exhibit "A" and incorporated herein by this reference ("Recertification Request").

5. This Resolution shall take effect immediately upon its adoption by the Richmond City Council.

Reso. No. 8-21

Exhibit 5-C
466
*****************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held February 2, 2021, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Approved:

THOMAS K. BUTT
Mayor
Approved as to form:

TERESA STRICKER
City Attorney
State of California
County of Contra Costa
City of Richmond
}
}
Councilmembers Jimenez, Johnson, Martinez, McLaughlin,
Willis, Vice Mayor Bates, and Mayor Butt.

None.

None.

None.

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
: ss.

I certify that the foregoing is a true copy of Resolution No. 8-21, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on February 2, 2021.

Pamela Christian, Clerk of the City of Richmond
Reso. No. 8-21

467

State of California
Local Area Subsequent Designation and
Local Board Recertification Application
Program Year 2021-23
Local Workforce Development Area
City of Richmond______

EXHIBIT A
468

Application for Local Area Subsequent Designation and Local Board Recertification This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2021-23 under the Workforce Innovation and Opportunity Act (WIOA).

If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted.

Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this application.

City of Richmond_________________________________
Name of Local Area
330 – 25th Street__________________________________
Mailing Address
Richmond, CA 94804______________________________
City, State, ZIP
March 31, 2020__________________________________
Date of Submission
Rosemary Viramontes_____________________________
Contact Person
510-307-8023 ___________________________________
Contact Person’s Phone Number
469

Local Board Membership
The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting members in each membership category. The WIOA Section 107(b)(2)(A) requires that business members constitute a majority of the Local Board. The chairperson shall be a business representative, per WIOA Section 107(b)(3).

The local Chief Elected Official (CEO) is required to provide the names of the individuals appointed for each category listed on the following pages, and attach a roster of the current Local Board which identifies each member’s respective membership category.

Business – A majority of the members must be representatives of business in the Local Area who (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policy-making or hiring authority; (ii) represent businesses, including small businesses, or organizations; and (iii) are appointed from among individuals nominated by local business organizations and business trade association (WIOA Section 107[b][2][A]).

Please identify the Local Board chairperson by typing CHAIR after their name.

Name Title Entity Appointment
Date
Term End
Date
Cassandra Youngblood,
CHAIR
Owner Quality Clean, LLC 06/16/20 03/01/24
Hakim Johnson Corporate Affairs
Representative
Chevron 03/17/20 03/01/24
Joe R. Serrano President/Project
Manager
Recycled Housing,
Inc./TentMakers, Inc.
04/21/20 03/01/24
John C. Short III President/CEO Cross Ocean Technologies, Inc.
07/21/20 03/01/24
John Troughton Vice President Kennedy Wilson 09/08/20 03/01/24 Karen Norwood Community
Relations
Specialist
Kaiser Permanente School of
Allied Health Sciences
11/17/20 03/21/24
Len Turner President Turner Group Construction 09/08/20 03/01/24 Michael Parker Training Instructor Richmond Progressive Alliance
04/21/20 03/01/24
Miquel Penn Community
Relations
Manager
Swinerton 03/17/20 03/01/24
Nathan Tyler CEO NET Electric, Inc. 01/20/17 09/22/21
Nicole Jalbert Recruiting
Manager
CLP Resources 09/19/17 08/22/21
Sandra Escalante President & CEO Laner Electric Supply Co., Inc. 07/18/17 03/01/21 Sarah Wally Project Director Food Service Partners 03/17/20 03/01/24 470

Uche Justin Uwahemu President/CEO Cal Bay Consulting Group, LLC 06/16/20 03/01/24 Xavier Abrams,

VICE-CHAIR
Branch Manager
/Vice President
Mechanics Bank 06/16/17 09/22/21
Labor – Not less than 20 percent of the members must be representatives of workforce within the Local Area who must include: (i) representatives of labor organizations who have been nominated by state labor federations; (ii) a member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area; and may include: (iii) representatives of community based organizations with demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, veterans, or individuals with disabilities; and (iv) representatives of organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth and/or out-of-school youth (WIOA Section 107[b][2][B]).

California Unemployment Insurance Code (CUIC) Section 14202(b)(1) further requires and specifies that at least 15 percent of Local Board members shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. For a local area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board, but any local board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the Local Area.

Name Title Entity Appointment
Date
Term End
Date
Dan Torres Business Agent Sprinkler Fitters UA
Local 483
04/21/20 03/01/24
Geovanni Flores Apprentice
Coordinator
NorCal Laborers
Training Center
03/17/20 03/01/24
Steve Bell Senior Field
Representative
Carpenters Local 152 03/17/20 03/01/24
Carole DorhamKellyRubicon
Programs, Inc.

Chief Executive
Officer
Pending
Education – Each Local Board shall include representatives of entities administering education and training activities in the Local Area who must include (i) a representative of eligible providers administering WIOA Title II adult education and literacy activities; (ii) a representative of institutions of higher education providing workforce investment activities; and may include (iii) representatives of local educational agencies, and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment (WIOA Section 107[b][2][C]). 471

Name Title Entity Appointment
Date
Term End
Date
Jeffrey Carr Principal West Contra Costa Adult
Education, WCCUSD
03/17/20 03/01/24
Evan Decker Senior Academic /
Student Services
Manager
Contra Costa College
District
04/21/20 03/01/24
Ruben Lizardo Director of Local
Government and
Community
Relations
University of California,
Berkeley
02/20/18 03/01/22
Economic and Community Development – Each Local Board shall include representatives of governmental, economic, and community development entities serving the Local Area who must include (i) a representative of economic and community development entities; (ii) a representative from the state employment service office under the Wagner-Peyser Act; (iii) a representative of the Vocational Rehabilitation program; and may include (iv) representatives of agencies or entities administering programs serving the Local Area relating to transportation, housing, and public assistance; (v) representatives of philanthropic organizations serving the Local Area; and (E) individuals or representatives of entities as the local CEO in the Local Area may determine to be appropriate (WIOA Section 107[b][2][D] and [E]).

Name Title Entity Appointment
Date
Term End
Date
Charles
Carpenter
Board Member Richmond Chamber of
Commerce
03/17/20 03/01/24
Della Randolph Operations
Manager, GEBD
Department of
Rehabilitation
05/07/19 03/01/23
Nannette J.

Beacham
Executive
Director
Richmond Housing
Authority
Pending
Richard Johnson Employment
Program
Manager II
EDD 06/16/20 03/01/24
472

Performed Successfully
The Local Area hereby certifies that it has performed successfully, defined as having met 80 percent of their negotiated performance goals in PY 2018-19 or PY 2019-20 for the following indicators:
• Employment Rate 2nd Quarter After Exit
• Median Earnings
PY 2018-19 Performance Goals
Adults
Dislocated
Workers
Youth
Employment Rate 2nd Quarter
After Exit 66.5% 72.0% 65.4%
Employment or
Education Rate 2nd
Quarter After Exit
Median Earnings 2nd Quarter
After Exit $5,500. $8,000. BASELINE
Median Earnings
PY 2019-20 Performance Goals
Adults
Dislocated
Workers
Youth
Employment Rate 2nd Quarter
After Exit 67.0% 72.5% 66.9%
Employment or
Education Rate 2nd
Quarter After Exit
Median Earnings 2nd Quarter
After Exit $5,800. $8,200. BASELINE
Median Earnings
473

Sustained Fiscal Integrity
The Local Area hereby certifies that it has not been found in violation of one or more of the following during PY 2018-19 or PY 2019-20:
• Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIOA requirement.
• Gross negligence – defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
• Failure to observe accepted standards of administration – Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federal Regulations (CFR) Part 200.

Certify No Violation
Engaged in Regional Planning
Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area herby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways:

Richmond WDB staff regularly participate in conference calls and zoom meetings with the EastBay Works region consortium of Workforce Development Boards (Alameda County, Contra Costa County, Oakland) to strategize on the historical data set to base each of the local performance goals to be negotiated, thus ensuring consistency in methodology. This year each board representative from the EastBay Works region collaborated and agreed to use the weighted average from the prior 2 program years to derive each of the performance measure rates.
474

Local Area Assurances
Through PY 2021-23, the Local Area assures that:

A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements (WIOA Section 184[a][2] and [3]).

Highlights of this assurance include:
• The Local Area’s procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318).
• The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508).

Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338).

B. All financial reporting will be done in compliance with federal and state regulations and guidance.

Highlights of this assurance include:
• Reporting will be done in compliance with Workforce Services Directive WSD19- 05, Monthly and Quarterly Financial Reporting Requirements, (December 4, 2019).
• All close out reports will comply with the policies and procedures listed in WSD16-05, WIOA Closeout Requirements (July 29, 2016).

Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold. (Title 2 CFR Section 200.338)
C. Funds will be spent in accordance with federal and state laws, regulations, and guidance.

Highlights of this assurance include:
• The Local Area will meet the requirements of the California Unemployment Insurance Code Section 14211, to spend a minimum of 30 percent of combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services. 475

• The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]).

D. The Local Board will select the America’s Job Center of CaliforniaSM operator(s), with the agreement of the local CEO, through a competitive process such as a Request for Proposal, unless granted a waiver by the state (WIOA Section 121[d][2][A] and 107[g][2]).

E. The Local Board will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBSSM reporting requirements and deadlines.

F. The Local Board will comply with the nondiscrimination provisions of WIOA Section 188, including the collection of necessary data.

G. The Local Area will engage in and contribute to regional planning and regional plan implementation (e.g., Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and modifications).

H. The Local Area will participate in regional performance negotiations.

I. The Local Area will comply with CWDB policies and guidelines, legislative mandates and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation.

J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16). 476
Application Signature Page
Instructions- The local CEO and Local Board chair must sign and date this form. Electronic signatures will be permitted for the PY 2021-23 application.

By signing the application, the local CEO and Local Board chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application.

Local Workforce Development Board Chair Local Chief Elected Official c
Cassandra Youngblood Tom Butt
Name Name
Workforce Development Board Chair Mayor
Title Title
February 3, 2021 February 3, 2021
Date Date

477
CITY OF RICHMOND WORKFORCE DEVELOPMENT LOCAl AREA

WRITTEN AGREEMENT

BETWEEN THE

CHIEF ELECTED OFFICIAL AND THE

RICHMOND WORKFORCE DEVELOPMENT BOARD
The City of Richmond Workforce Development Area has been designated by the Governor of California as the One-Stop Operator and Workforce Innovation and Opportunity Act Career Service Provider for the Richmond local area.

This agreement is entered into on July 16, 2019 (the ''Agreement"), by and between the City of Richmond (((City"), by and through its Chief Elected Official (({CEO~') and the City of Richmond Workforce Development Board (''RWDB") so that the Richmond Workforce Development Local Area (({Area") may continue to act as the America's Job Center of Californiasm (uAJCC") One-Stop Operator pursuant to the Workforce Innovation and Opportunity Act of 2014 (({WIOA") set forth in 29 U.S.C. § 3101, et. seq. The City and RWDB are each a ({party" and collectively, the ((parties".

ARTICLE 1: PURPOSE OF AGREEMENT
The parties to this Agreement envision a workforce area that has thriving businesses and a workforce with the basic skills and education required for employment within the Area and its surrounding region. Specifically, the RWDB and CEO envision the following mission and goals:

A. Provide policy direction and governance to create and support an efficient, effective customer-centered workforce development system.

B. Through private industry and public agency partnerships, contribute to the economic growth of the Area and its surrounding region by promoting and overseeing a flexible and responsive workforce system, which aligns job seekers' skills with current and future employer needs.

The purpose of this Agreement is to outline the roles of each party in the planning, establishment and oversight of a comprehensive workforce development system according to WIOA and federal regulations promulgated to implement WIOA that will lead the Area to this vision.

ARTICLE II: CHIEF ELECTED OFFICIAL
For the purpose of fulfilling the Area's business, the CEO will work in conjunction with the RWDB to provide policy guidance for the employment and training program of the City; and will exercise oversight authority over all Area activities funded under the WIOA.

Final 1
EXHIBIT 6A
478
ARTICLE Ill: CITY OF RICHMOND (ONE-STOP) SYSTEM OPERATOR In December, 2016, the City opened a competitive procurement for the One-Stop System Operator, but did not receive any applications. As a result, a sole source procurement process was implemented and the RWDB and CEO selected the Employment and Training Department of the City of Richmond (the "administrative entity") as the WIOA One-Stop System Operator and Career Service Provider for the RWDB.

ARTICLE IV: CHIEF ELECTED OFFICAL ROLES/RESPONSIBILITIES The CEO's roles/responsibilities are as follows:

A. Signing the Area's documents together with the RWDB Chairperson as approved by the RWDB;
B. Approving and signing paperwork to the state for RWDB and AJCC Certification; C. Appointing RWDB members pursuant to the RWDB Bylaws adopted pursuant to Richmond City Council Resolution #107-15 on November 3, 2015 (the "Bylaws"); D. Adherence to joint duties and responsibilities with RWDB as set forth in the Bylaws; and E. Designating, the City as the fiscal agent for the Area's WIOA funds. As the Area's fiscal agent designee, the City will operate under the responsibilities identified within Article V, below.

ARTICLE V: FISCAL AGENT ROLES/RESPONSIBILITIES
The fiscal agent roles/responsibilities shall include, but are not limited to the following:

A. Assume liability for the Area's WIOA funds:
i. As grant recipient and fiscal agent for the Area, the City accepts responsibility for the management, operations, and compliance with all laws and federal regulations related to the operation of the system described in this Agreement. The City agrees to accept liability of any kind, including cost and expenses for or on account of any litigation brought against the City, the RWDB or its administrative entity for damages to any person or property by virtue of the City's performance of its fiscal responsibilities delegated under this Agreement;
ii. The City shall secure public liability insurance on behalf of the members to the extent funds are available for that purpose, to insure against the risks of bodily injury, illness, or any other damages or losses or with respect to any claims arising out of any fiscal agent activity under WIOA. The City shall require the same of all of its sub-recipients; iii. The parties to this Agreement concur that, in the event a liability results from a subcontractual agreement with another party, all methods for pursuing collection of the Final 2
479
disallowed costs will be exhausted prior to requesting assistance from the state for any debt collection.

B. Maintain appropriate firewalls and strict oversight of WIOA fund allocations via the City and RWDB Procurement Policy & Procedures:
i. Existing RWDB policy states: "The City of Richmond, Local Workforce Development Area shall conduct procurement of employment and training activities, goods, services, and programs, including the selection of consultants, vendors, and providers through an open and competitive process {29 CFR, 95.43, 97.36, and WIOA Directive WSD 12-10}. It is the policy of the RWDB to allow the City of Richmond Finance Department purchasing division to evaluate all competitive-bid proposals submitted to the agency for the purpose of maintaining clear firewalls and alleviating any potential conflict of interest."
C. Agree to the RWDB- selected (One-Stop) System Operator; and D. Approve the RWDB administrative entity- developed WIOA budget.

ARTICLE VI: RWDB ROLES & RESPONSIBILITIES
The roles/responsibilities of the RWDB and its administrative entity include:

Final
A. Serve as the WIOA youth, adult and dislocated worker eligible service provider; B. Coordinate WIOA activities with economic development strategies and develop employer linkages;
C. Promote private sector involvement in the statewide workforce investment system; D. Promote business representation on the RWDB;
E. Develop and implement strategies that meet employers and workers employment and skill needs;
F. Lead efforts to develop and implement career pathways with representatives of secondary and postsecondary education programs;
G. Use technology to leverage resources and capacity within the local workforce development system;
H. Assess, at a minimum, annually, the physical and programmatic accessibility of the RichmondWORKS under the Comprehensive AJCC Certification, per 29 CFR Part 38. 3 480
ARTICLE VII: CONFLICT OF INTEREST
Grantees, sub-recipients, and contractors funded under WIOA must implement conflict of interest policies and procedures as stipulated in the WIOA, Code of Federal Regulations and guidance, Office of Management and Budget (OMB} Circulars, State regulations, and State WIOA conflict of interest requirements.

Sufficient firewalls must be in place, ensuring that stewards of the programs and all those served in the programs are not only eligible and suitable but also protected from being part of the perception of impropriety, and conflict of interest.

No individual in a decision making capacity, including RWDB members and the CEO, shall engage in any activity, including participation in the selection, award, or administration of a sub-grant or contract supported by WIOA funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the individual, and/or a member of the individual's immediate family, the individual's partner, or an organization which employs, or is about to employ any of the above, has a financial or other interest in, the firm or organization selected for an award.

The officers, employees, or agents of the City will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. RWDB or City members shall not participate in financial matters before their respective bodies that pertain to organizations which they represent.

Neither the CEO nor the members of the City Council shall cast a vote on, or participate in, any decision-making capacity on the provision of services by such member (or any organization which that member directly represents), nor on any matter which would provide any direct financial benefit to that member.

Before any public discussions regarding the release of a Request for Proposal, or any matter regarding the release of funding or the provision of services, a RWDB or City member must disclose any real, implied, apparent, or potential conflicts of interest before engaging in the discussion. The minutes of the meeting should reflect the disclosure.

Membership in the City, RWDB, or the administrative entity (the recipient of WIOA funds to provide individual and training related services) shall not in and of itself be construed to violate the provision of this section.

Final 4
481
ARTICLE VIII: Nondiscrimination and Equal Opportunity Assurances The parties must comply with Section 188 of WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency}, age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title !- financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Titl~ IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs; and all other relevant regulations implementing the laws listed above.

The parties also assure compliance with 29 CFR Part 38 and all other regulations implementing the laws listed above. This assurance applies to the parties' operation of the WIOA Title !- financially assisted program or activity, and to all agreements to carry out the WIOA Title !- financially assisted programs or activities. The parties understand that the United States has the right to seek judicial enforcement of this assurance.

ARTICLE IX: RESOLUTION OF DISAGREEMENT
In the event that an impasse should arise between the CEO and RWDB regarding the terms and conditions, the performance, or administratio.n of this Agreement, the parties agree to attempt to resolve disputes by mutually satisfactory negotiations in lieu of litigation. To this .effect, they shall consult and negotiate with each other, in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If a committee is formed from members of each body to resolve the dispute, the committee shall report the resolution to both the CEO and the full RWDB. Continued performance during disputes is assured.

ARTICLE X: AMENDMENT OR RENEWAL OF AGREEMENT
Any modifications to this Agreement, to be valid, must be in writing, approved by both a majority of the Richmond City Council and a majority of RWDB members, signed and dated under the conditions agreed upon by all of the parties, and attached to the original Agreement. If any provision of the Agreement is held invalid, the remainder of the Agreement shall not be affected.

ARTICLE XI: DURATION OF AGREEMENT
This Agreement shall become effective when signed and dated by the Chair of the RWDB and the CEO. This Agreement shall continue until modified or terminated by a majority vote of both the RWDB and Richmond City Council.

Final 5
482

SIGNATURE PAGE
This Agreement, as stipulated under Section 107(b) of the Workforce Innovation and Opportunity Act, 29 U.S.C. § 3101, et. seq., has been approved by the RWDB and CEO of the Area.

Richmond Workforce Developme fB.) ard Chair City of Richmond, Chief Elected Official By: By: j)~ Signature
Cassandra Youngblood Tom Butt
Typed Name Typed Name
Date Date
6 Final
07-16-2019 07-16-2019
483

OPERATIONS BULLETIN

WORKFORCE INNOVATIONS AND

OPPORTUNITY ACT
Policy Number ETP05-110116
RWDB Board Approval
DATE: 11/2016; 10/2020
Code of Conduct & Conflict of
Interest Policy
Pg. 1 of 4

CODE OF CONDUCT & CONFLICT OF INTEREST POLICY
The City of Richmond Workforce Development Board (RWDB) is committed to maintaining the highest standards of ethical conduct and to guard against problems arising from real, perceived, or potential conflicts of interest. All WDB partners at all levels of participation in the Richmond Workforce Development System funded by the Workforce Innovation and Opportunity Act (WIOA) are expected to read, understand and apply this policy to ensure system integrity and effective oversight of the Richmond Workforce Development System.

REFERENCES:
• Public Law 113-128 Section 101 (f); 102(E); 107(h) – Local Board Conflict of Interest • Public Law 113-128 Section 121(d)(4) – One-Stop Operators • Public Law 113-128 Section 194(5)and(6) – Charging of Fees and Political Patronage • 20 CFR 679.430, 679.130(f) (1)-(3) – Certification of One-Stops • 20 CFR 679.410(a) (3) and (c) - Local board must avoid inherent conflict of interest • 20 CFR 679.430 - Entities performing multiple functions • 29 CFR 93. and Public Law 113-128 Section 195 - New Restrictions On Lobbying • 20 CFR 683.200(c)(5) - Administrative Rules, Costs, Limitations – Title I WIOA and • Wagner-Peyser
• 2 CFR Part 200.112 and 200.318 and Part 2900 - Office of Management and Budget Uniform Guidance on administrative, cost, and audit provisions for federal grants • California Political Reform Act — 2015. Code of Regulations, Title 2, Division 6 (Sections 18110- 18997)
• City of Richmond, Resolution #121-15
BACKGROUND:

Grantees, sub-recipients and contractors funded under WIOA must implement codes of conduct and conflict of interest policies and procedures as stipulated in WIOA law, regulations and guidance; Office of Management and Budget (OMB) Circulars; State regulations; State WIOA policies and Local Government Resolution. A conflict of interest policy is required to ensure that individuals or representatives of organizations entrusted with public funds will not personally or professionally benefit from the award, administration, or expenditure of such funds.

CODE OF CONDUCT
During the performance of duties, your actions are a reflection upon the City of Richmond Workforce Development Board as well as a reflection upon you. It is extremely important that all RWDB member, its staff, sub-recipients, contractors and RichmondWORKS Partners act in a courteous, friendly, helpful and prompt manner in dealing with the public, customers and officials.

Ethical Principles:
• Compliance with the Law: It is the RWDB policy to be knowledgeable of and comply with all applicable laws and regulations of the United States, State of California, and the City of Richmond EXHIBIT 6B
484

in a manner that will reflect a high standard of ethics. Compliance does not comprise one’s entire ethical responsibility; rather it is a minimum, and an essential condition for adherence to mission and duties.
• Professional Standards: It is the RWDB policy that its representatives be knowledgeable of emerging issues and professional standards in the field and conducts themselves with professional competence, fairness, efficiency and effectiveness.
• Program Integrity: It is the RWDB policy that firewalls shall be in place to ensure program integrity.

A single entity may not preform the functions of Fiscal Agent, Board Staff, AJCC Operator, and Service Provider unless approved by the Governor. The RWDB Fiscal Agent will have autonomy to operate as an agent of the City of Richmond Finance Department. The AJCC Operator may function in a dual role as staff to the board, or alternately. Per the agreement between the Chief Elected Official and the Governor, the RWDB administrative entity may perform the dual role of AJCC Operator and Career Service Provider with the establishment of clear “firewalls”. The AJCC Operator must be competitively procured through the City of Richmond procurement policy and procedures.

Guidelines for Interpretation:

Areas of concern are those actions or lack of actions which may lead to conflict of interest or the appearance of conflict of interest or to a perception of unfairness related to RWDB business outside board meetings. Specific areas which may pose problems include but are not limited to, comments made in public, information sharing, and disclosure of associations.

Comments Made in Public: RWDB members and its staff are encouraged to act in a public relations capacity for the RWDB. This includes public speaking engagements and comments in a public forum.

Because there is interest in RWDB actions, members should differentiate between descriptive comments, which relate to actions already taken by the board, and statements, which imply future RWDB decisionmaking, or the ability to influence decision-making.

Information Sharing: RWDB members and its staff are encouraged to share information with the community about RWDB activities. To the extent possible, access to information regarding procurement of services should be available at the same time and under the same circumstances to all parties. Such information includes the Operations Plan, request for proposals, notice of meetings, meeting minutes, and policies.

Disclosure of Associations: RWDB members and staff have professional and personal associations throughout the community. Such associations have been and will continue to be of significant benefit to the RWDB. Where a direct or indirect financial conflict of interest exists, a RWDB member may not vote or serve on a rating team. When associations raise appearance of fairness as an issue, RWDB members and its staff should qualify statements in public by disclosing the association and minutes of the meeting should reflect the disclosure.

CONFLICT OF INTEREST

1. Each WIOA grant recipient and sub-recipient must maintain a written code of standards or conduct governing the performance of persons engaged in the award and administration of WIOA contracts and sub grants. The RWDB, its staff and sub-recipients shall avoid organizational conflict of interest, and appearance of conflict of interest in awarding financial assistance, and in the conduct of procurement activities involving funds under WIOA.

2. The RWDB, its staff or sub-recipients shall not pay funds under WIOA to any nongovernmental individual, institution or organization to conduct an evaluation of any program under the Act if such individual, institution or organization is associated with that program as a consultant or technical advisor.
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3. The RWDB, its staff or sub-recipients shall maintain a written code of standards of conduct governing the performance of persons engaged in the award and administration of WIOA contracts and provider agreements.

4. The RWDB, its staff and sub-recipients shall ensure that no individual in a decision making capacity including the Richmond Workforce Development Board members (whether compensated or not) shall engage in any activity, including participation in the selection, award, or administration of a provider agreement or contract supported by WIOA funds if a conflict of interest, real or apparent, would be involved. Such conflict would arise when the individual; any member of the individual's immediate family; the individual's partner; or an organization that employs, or is about to employ, any of the above has a financial or other interest in the firm or organization selected for award.

5. The officers, employees, or staff of the City of Richmond or members of the Richmond Workforce Development Board making the award will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to provider agreements.

6. The City of Richmond and its Workforce Development Board’s administrative entity, serving as the AJCC service provider, has established a sufficient “firewall” and conflict of interest policies and procedures that are consistent with this policy.

7. To the extent permitted by State or local law or regulation, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the awarding agency's officers, employees, or agents, or by contractors or their agents.

8. In accordance with the requirements at 2 CFR 200.112, recipients of Federal awards must disclose in writing any potential conflict of interest to the Department of Labor. They must also disclose in writing any potential conflict of interest to the recipient of grant funds. WIOA Regulations, 20 CFR Part 683.200.

9. No individual may be placed in a WIOA employment activity or receive WIOA services directly if that person’s immediate family is directly supervised by or directly supervises that individual. (WIOA Regulations, 20 CFR 683.200). In regards to immediate family relationships and when the perception of nepotism exists, the Richmond Workforce Development Board service providers will use prudent judgment and refer the individual to other staff or another service provider as appropriate.

10. In accordance with the California Political Reform Act, all actual and potential conflicts of interests shall be disclosed by RWDB members to the City of Richmond, City Council through the annual disclosure form 700 Statement of Economic Interests and/or to the Board whenever a conflict arises.

Disinterested members of the RWDB Executive Committee shall make a determination as to whether a prohibited conflict exists and what subsequent action is appropriate (if any). The RWDB Executive Committee shall inform the Board of such determination and action. The Board shall retain the right to modify or reverse such determination and action, and shall retain the ultimate enforcement authority with respect to the interpretation and application of this policy.

11. On an annual basis, all RWDB members shall be provided with a copy of this policy and required to complete and sign the form 700 Statement of Economic Interests. All completed forms shall be provided to and reviewed by the City of Richmond, City Clerk’s Office, as well as all other conflict information, if any, provided by Board members.

DEFINITIONS
Conflict of Interest - Conflict between the official responsibilities and the private interests of a person or entity that is in a position of trust. A conflict of interest would arise when an individual or organization has a financial or other interest in or participates in the selection or award of funding for an organization.

Financial or other interest can be established either through ownership or employment. 486

Firewall - An established policy or procedure that acts as a barrier or protection against an undesirable influence, outcome, or authority. Examples of firewalls include but are not limited to organizational arrangements that provide clear separation of duties and responsibilities, reporting hierarchy of managers and staff that provide clear separation between job duties and responsibilities, and conflict of interest/confidentiality/disclosure agreements.

Immediate Family - Immediate Family consists of the individuals wife, husband, children, aunt, uncle, niece, nephew, daughter-in-law, son-in-law, parents, grandchildren, mother-in-law, father-in-law, brotherin-law, sister-in-law, grandparents, step-grandparents, spouse's grandparents, spouse's stepgrandparents, step-children, step-parents, brothers and sisters, and step-brothers and step-sisters of the customer.

Individual - (1) an individual; i.e., officer, or agent, or (2) any member of the individual’s immediate family (spouse, partner, child, or sibling), or (3) the individual’s business partner.

Organization - A for-profit or not-for-profit entity that employs, or has offered a job to, an individual defined above. An entity can be a partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or a sole proprietor. 487

PROCUREMENT POLICY AND PROCEDURES
Table of Contents
PROCUREMENT POLICY AND PROCEDURES ..................................................................... 1 RCH LWDA - PROCUREMENT POLICY & PROCEDURES ................................................... 3 I. Purpose ...................................................................................................................... 3 II. Policy .......................................................................................................................... 3 III. Definitions ................................................................................................................... 5 IV. Methods of Procurement ............................................................................................ 9 Competitive Proposals .......................................................................................................................... 9 V. Required Contract Clauses ............................................................................................. 16 VI. Cost Analysis versus Price Analysis ......................................................................... 17 VII. Unsolicited Proposals ............................................................................................... 18 VIII. Additional WIOA Requirements ................................................................................ 18 IX. Appeals Process and Procedures ............................................................................ 18 X. Bidding Process: ....................................................................................................... 19 XI. Bidder’s Conference: ................................................................................................ 19 Competitive Bidding Options: ............................................................................................................. 19 XII. Sub-grantee and Vendor Distinctions ....................................................................... 20 Indicators of Sub-grantee and Vendor Relationships ......................................................................... 21 XIII. Code of Conduct/ Conflict of Interest Statements ..................................................... 22 XIV. Local Ordinances Affecting Procurement Process ................................................... 22 XV. Procurement and Management of Property .............................................................. 22 XVI. Intangible Personal Property .................................................................................... 24 Copyrights: ......................................................................................................................................... 24 XVII. Contracting Procedure Assurances .......................................................................... 24 Certifications ....................................................................................................................................... 25 CITY OF RICHMOND PURCHASING POLICY .................................................................... 26 Section I - GENERAL ......................................................................................................................... 26 EXHIBIT 6C
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Section II - GENERAL SUPPLIES, MATERIALS AND EQUIPMENT ................................... 29 INFORMAL/UNSEALED QUOTES < $25,000.00 .............................................................................. 29 FORMAL/SEALED BIDS > $25,000.00 .............................................................................................. 29 Section III - GENERAL TRADE SERVICES ......................................................................... 31 INFORMAL/UNSEALED QUOTES < $25,000.00 .............................................................................. 31 FORMAL/SEALED BIDS/PROPOSALS > $25,000.00 ....................................................................... 33 Section IV - PROFESSIONAL SERVICES ........................................................................... 35 INFORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS < $25,000.00 ... 35 FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS > $25,000.00 ...... 37 Section V- PURCHASES WITH FEDERAL GRANT FUNDS ............................................... 41 PURCHASING GUIDELINES ............................................................................................................. 42 METHODS OF PROCUREMENT TO BE FOLLOWED ..................................................................... 43 ATTACHMENT A. - City of Richmond - RFP/RFQ Evaluation Committee Guidelines ......... 48 ATTACHMENT B. - EVALUATION COMMITTEE MEMBERS PARTICIPATION FORM ..... 50 REQUEST FOR PROPOSAL ............................................................................................................. 50 ATTACHMENT C. - City of Richmond RFP SCORE SHEET ............................................... 51 Scoring Mechanisms .......................................................................................................................... 52

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OPERATIONS BULLETIN

WORKFORCE INNOVATION AND

OPPORTUNITY ACT
Policy Number ETP14-0213
RWDB Board Approval DATE: 10-03-07
REVISED: 12-05-16; 04-15-19; 11-16-20
Procurement Policy & Procedures
Pg. 3 of 51

RICHMOND LOCAL AREA - PROCUREMENT POLICY & PROCEDURES
I. Purpose
The purpose of these procurement policies and procedures is to describe the processes to be used to select providers or vendors, and/or to purchase employment and training activities, services, programs, or equipment under the direction of the City of Richmond Workforce Development Area (LWDA).

II. Policy
The City of Richmond Workforce Development Board shall conduct all procurements in compliance with federal and state regulations governing the Final Rule of the Workforce Innovation and Opportunity Act (WIOA or the Act). All provisions of the WIOA Proposed Rule became effective July 1, 2015. All WIOAfunded programs and activities must comply with applicable provisions in the Final Rule.

Further, the City of Richmond LWDA shall conduct all procurements in compliance with the Final Rule governing Workforce Innovation and Opportunity Act grant provisions.

Controlling Legislation - Federal, State, and Local Requirements a) Workforce Innovation and Opportunity Act of 2014
b) Workforce Innovation and Opportunity Act, Final Rule, 20 Codes of Federal Regulations (CFR), Parts 676, 677, and 678c)
d) Specific References, including but not limited to:
i. Department of Labor Employment & Training Administration, WIOA, 20 CFR 601, 651, 652 et al. ii. WIOA Title I Funds CFR 683.200 - Fiscal and Administrative Rules iii. WIOA Title 2 CFR Part 200 and 2900
iv. 29 CFR 95.17 (Certifications and Representations)
v. 29 CFR 95.13 (Debarment and Suspension)
vi. 29 CFR Part 37; 20 CFR 667.275 - (Non-discrimination) vii. 29 CFR Part 95, Appendix A (7) - (Lobbying); 20 CFR 683.200 (e) viii. Property Management - 29 CFR 95.34 & 97.32 (Equipment) 29 CFR Parts 95.Section 95.40-48 Procurement Standards, Including 29 CFR 95.44 (d) & 97.36 (b) (8); 20 CFR 641.881 – (Procurement Procedures and Awards to Responsible Contractors) 29 CFR Part 98.600; 20 CFR 683.200 (d) – (Drug Free Workplace) 29 CFR Part 37, Section 37.6; 20 CFFR 667.275 (non- sectarian activities) e) DOL, TEGL 15-14, Subject: Implementation of the New Uniform Guidance Regulation, (12/10/14) f) The following directives contain additional guidelines. The directives, including references and attachments, also shall govern the City of Richmond LWDA procurement process under WIOA.

EDD Directive WSD 14-13, April 29, 2015 - Subject: Property – Prior Approval, Purchasing, Inventory, and disposal.
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EDD Directive WSD 12-10, November 30, 2012 - Procurement of goods and services. Specifically, this directive includes policy, procedures, definitions and information regarding procurement. In addition, this directive provides guidelines for the proper use of federally owned property, equipment, and supplies.

EDD Directive WIOA D01-16, April 15, 2002 - Procedures governing the establishment and operation of the Eligible Training Provider List (ETPL) in California (with six attachments, including preliminary policy and procedures)
EDD Directive WIOAD00-2, August 24, 2000 - Combined state and federal guidance regarding the procurement of goods and services EDD Directive WIOAD01-21, June 25, 2002 - Nondiscrimination and Equal Opportunity Procedures
The City of Richmond LWDA shall conduct procurement of employment and training activities, goods, services, and programs, including the selection of consultants, vendors, and providers through an open and competitive process (29 CFR, 95.43, 97.36, and WIOA Directive WSD 12-10). It is the policy of the City of Richmond LWDA to allow the City of Richmond Finance Department (RFD) purchasing division to evaluate all proposals submitted to the agency for the purpose of maintaining clear firewalls and alleviating any potential conflict of interest.

The LWDA, in association with EastBay Works, shall develop and maintain a local Eligible Training Provider List, based on requirements in Section 122 of the Workforce Innovation and Opportunity Act and on initial eligibility criteria and procedures set forth in EDD Directive WIOAD01-16. Locally obtained training provider data shall be transmitted to the Workforce Development Division via the CalJOBS Data Tracking System for inclusion on the statewide ETPL. The LWDA shall follow subsequent eligibility procedures (to be delineated in future EDD directives).

The LWDA, in association with the City of Richmond Finance Department purchasing division, shall develop and maintain a list of qualified vendors and consultants for delivery of Individual and/or Training, Services and programs, under WIOA guidelines of WIOA grant provisions.

The City of Richmond Local Workforce Development Area (LWDA) may use LWDA approved Qualified Vendor Lists developed by other workforce areas and the City of Richmond. All pre-qualified lists of persons, firms, or other organizations that are used in acquiring goods and services shall be current and include sufficient numbers of qualified sources to ensure open and free competition. All unsolicited proposals (including ETPL applications) submitted for consideration will be reviewed on a periodic basis. Recommendations for nomination to the ETPL or inclusion on a Qualified Vendor List will be presented to the Board for approval following proposal evaluation.

Non-ETPL formal procurement processes shall be conducted at intervals not to exceed three fiscal years, unless waived by State directive.

Procurements shall be conducted as often as necessary to meet the needs of participants and the requirements of the One-Stop delivery system.

All procurements shall be conducted in such a manner as to ensure open and free competition (29 CFR 95.43 and 97.36 (c)). The City of Richmond procurement practices encourages the utilization of small businesses, minority-owned firms, and women’s business enterprises whenever possible.

The City of Richmond LWDA shall conduct all procurements in accordance with its Conflict of Interest Policy.
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In addition, City of Richmond LWDA procurements shall conform to the purchasing standards of the City of Richmond (attachment A). If a policy conflicts with Federal or State regulations, policies, or directives, the more restrictive policy shall take precedence over City standards.

Procurement records for each funding period shall be retained for three years following the date on which the City of Richmond LWDA submits its final expenditure report for that funding period. Records for non-expendable property shall be retained for three years after final disposition of the property.

III. Definitions
Acquisition - is the act of acquiring goods and services for the use of governmental activity through purchase, rent, or lease. This includes the establishment of needs, description of requirements, selection of procurement method, selection of sources, solicitation of procurement, solicitation for offers, award of contract, financing, contract administration, and related functions.

Award/Agreement - a duly executed and legally binding contract; the act of agreeing; a contract, grant, subcontract, sub-grant or other type of legal instrument.

Bid or Bidding - an offer to contract with the State submitted in response to a bid invitation issued by the Employment Development Department (EDD) or an issuing entity.

Bidder’s Conference - an open exchange between purchasers (e.g. EDD) and vendors (bidders) to help ensure a clear understanding of contract requirements.

Competitive Bidding - is the process of inviting and obtaining bids from competing sources in response to advertised competitive specifications, by which an award is made to the lowest and best bidder meeting the specifications. The process contemplates giving potential bidders a reasonable opportunity to bid, and requires that all bidders be placed on the same plane of equality. Each bidder must bid on the same advertised specifications, terms, and conditions in all the items and parts of a contract. The purpose of competitive bidding is to stimulate competition, prevent favoritism, and secure the best goods and services at the lowest practicable price, for the benefit of the State.

Contract - an agreement to do or not to do a certain thing (Civil Code 1549). It gives rise to an obligation or legal duty enforceable in an action at law (Civil Code 1428). Contract and Agreement are used interchangeably in the State Contracting Manual (SCM). A contract sets forth terms, conditions, and the statement of work to be performed.

Basic Career Services - are available to all. There are no eligibility requirements. Basic Career Services include: Orientation to One-Stop resources; Initial assessment Job search assistance; Unemployment Insurance claim information; Labor market information; Support services and referrals; ETPL and performance information on training providers.

Cost Analysis - According to the regulations, each recipient and sub-recipient shall perform either a cost or price analysis in connection with every procurement action (29 CFR 97.36 and

94.45), including modifications (except those that have no monetary impact). A cost analysis is the element-by-element examination of the estimated or actual cost of contract performance to determine the probable cost to the vendor. This is a more detailed and costly method than price analysis in terms of both time and manpower. When a bidder or current contractor is required to submit a cost breakdown for a proposed program, the City of Richmond LWDA will perform a cost analysis.
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Disabled Veteran Business Enterprise (DVBE) - a business that is at least fifty-one percent (51%) owned by one or more disabled veterans or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by such individuals, and whose management and daily business operations are controlled by one or more of such individuals.

Eligible Provider (WIOA Title I, Subtitle A, Section 101) - the term 'eligible provider', used with respect to:

Training services - means a provider who is identified in accordance with Section 122(e)(3); Individual career services - means a provider who is identified or awarded a contract as described in Section 134(d)(3)(B);
Youth activities - means a provider who is awarded a grant or contract as described in Section 123; or
Other Workforce Innovation and Opportunity Activities - means a public or private entity selected to be responsible for such activities, such as a one-stop operator designated or certified under Section 121(d).

Entity - the grant recipient or other organization responsible for administering the program's funds in the local area. The City of Richmond is the grant recipient for the City of Richmond Workforce Development Board.

Equipment (Goods) - defined as tangible, nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, including costs related to the property’s final intended use. Purchases of equipment require prior approval from the State.

Failed Competition -- Competitive proposals processes normally entail more than one source submitting an offer, as a result of which, either a fixed-price or cost-reimbursement type award is made. Two responsive proposals for the same scope of work and service area (training course or program) should be received in response to a Request for Proposal. If only one responsive proposal is received, then there has been a failed competition, and the City of Richmond LWDA has the option to re-open the procurement or to enter into a sole source procurement, in which case the standards of a noncompetitive negotiation must be satisfied.

For a description of the Noncompetitive Proposal Process, see Sole Source Procurement Process under Methods of Procurement in Section IV.

Grantee - the direct recipient of grant funds from the DOL. Some documents refer to a grantee as a recipient or sub-recipient. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document.

Individual Career Services - are intended for adults unable to obtain or retain employment through Basic Career Services. Individual Services include: Comprehensive assessment; Development of an individual employment plan; Career planning counseling; one-on-one career planning; Short-term vocational services to prepare individuals for training or; unsubsidized employment; Development of learning skills; Communication skills; Interviewing skills; Punctuality; Personal maintenance skills; Professional conduct.

Invitation for Bid (IFB) - a type of solicitation document, used in a formal competitive bidding process, which contains a precise statement and complete specification of what the agency is attempting to purchase. Qualifying bidders compete solely on the basis of cost.

Methods of Procurement - Procurement methods can be divided into two main categories:
competitive and non-competitive proposal processes. Those categories are further subdivided to describe various types of procurement processes. (See Methods of Procurement in Section IV.)
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Price Analysis - is the process of examining and evaluating a proposed price without evaluating its separate cost elements and proposed profit. This process determines whether the price is fair and reasonable. A price analysis may be performed in lieu of a cost analysis in situations where it has been determined there is inadequate price competition, or in applicable sole source procurements, or when the program/course pricing structure warrants it.

Procurement - all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout.

Proposal - an offer made by one party to another as a basis for negotiations, prior to the creation of a contract.

Postsecondary Educational Institution - The term means an institution of higher education, as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088).

Private Postsecondary Educational Institute - defined in the California Education Code Section 94302(w) as “...any person doing business in California that offers to, or provides, for a tuition, fee, or other charge, any instruction, training, or education primarily to people who completed or terminated their secondary education or are beyond the age of compulsory high school attendance.”
Recipient - (Title 29 CFR, Part 37) means any entity to which financial assistance under WIOA Title I is extended, either directly from the Department of Labor or through the Governor or another recipient, but excluding the ultimate beneficiaries (participants) of the WIOA Title-I funded program or activity. Typically, "recipient" is the "grant recipient": a non-federal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. (In addition, One-Stop partners are treated as recipients and are subject to the nondiscrimination and equal opportunity requirements of the regulation, to the extent that they participate in the One-Stop delivery system.)
Request for Proposal (RFP) - a type of competitive procurement issued at an early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific commodity or service. The RFP process brings structure to the procurement decision and is meant to allow the risks and benefits to be identified clearly up front.

Request for Quote (RFQ) - used when discussions with bidders are not required (mainly when the specifications of a product or service are already known) and when price is the main or only factor in selecting the successful bidder. An RFQ may also be used as a step prior to going to a full-blown RFP to determine general price ranges. In this scenario, products, services or suppliers may be selected from the RFQ results to bring in to further research in order to write a more fully fleshed out RFP.

Responsible entity - one that has been determined to: 1) have adequate financial resources to perform the contract or the ability to obtain such resources; 2) be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and business commitments; 3) have a satisfactory performance record; 4) have a satisfactory record of integrity and business ethics; 5) have the needed organization, experience, accounting, operational control and technical skills or ability to obtain them; 6) have adequate production, construction or technical equipment and needed facilities or the ability to obtain them; and 7) be both qualified and eligible to receive the award under applicable law and regulation.
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Responsive entity - “one that submits a proposal or bid, which meets all requirements of the solicitation adequately, and the submitted document does not constitute a substitute or counter offer. When a bidder substitutes a ‘like item’, the submittal is considered non-responsive when the ‘like item’ fails to meet published specifications. The same principle holds when the proposal is a substitute or counter offer.”
Services - include professional and consultant services secured from those individuals or companies that perform a special skill, such as training. Services include equipment and property maintenance, training services, when being purchased outside of the ETPL, and other types of services procured for participants’ benefit or program operation and support.

Small purchase - a procurement method where the acquisition of goods or services that fall between $1 and $50,000.

Solicitation for Proposal (SFP) - a formal document which elicits proposals for acquisition or financial assistance awards. An SFP may include Invitations for Bid (IFB), Requests for Proposals (RFP), and Requests for Quotation (RFQ).

Specification - a concise statement of a set of requirements to be satisfied by a product, material or process that indicates whether the requirements are satisfied.

Standard(s) - the established and fixed measure or measures used in assessing quality or performance.

Subcontract - a contract between a prime contractor and a subcontractor to furnish supplies or services for the performance of a prime contract or subcontract.

Sub-grantee - the government or other legal entity to which a sub-grant is awarded and which is accountable to the grantee for the use of the funds provided.

Sub-recipient - a legal entity (e.g. Mentoring Ex-Offenders R Us) to which a sub-award of federal funds is made and that is accountable to the grantee for the use of the funds provided.

The terms “recipient” and “sub-recipient” are often used interchangeably with “grantee” and “sub-grantee.”
Supplies - are tangible personal property other than equipment.

Training Services - are intended for adults unable to obtain or retain employment through Basic or Individual Services and who meet the following requirements:
 Must have been identified as needing training services;  Must have skills and qualifications to be successful in training;  Must select training linked to employment opportunities in their local area or any area to which they might relocate;
 Must be unable to obtain sufficient grant assistance from non-WIOA sources, including Pell Grants, to cover the cost of training;
 Must choose training from list of approved training providers.

Training Services may include:
 Occupational skills training
 Workplace training
 On-the-Job Training (OJT)
 Entrepreneurial training
 Skill upgrading or re-training
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 Job readiness training
 Adult education and literacy activities (in combination with other training services above)Follow-up services
Vendor - an entity responsible for providing generally required goods or services to be used in the WIOA or WTW program. These goods or services may be for the sub-grantee's own use, or for the use of participants in the program. Consultants and other individuals who provide professional services to the general public shall be considered vendors and the term "vendor" may be used interchangeably with "provider".

WIOA Levels of Service are Basic, Individual and/or Training Career Services (see definitions in this section).

IV. Methods of Procurement
The City of Richmond LWDA may use a variety of methods to select providers of programs and services.

Providers/vendors shall be selected through the ETPL process, the formal Request for Proposals (RFP) process, Request for Qualifications (RFQ) process, or they may be selected through small purchase, Invitation for Bid (IFB), or sole source procurement procedures, as well. The type of purchase method is generally determined by the “per transaction” value of the procurement and the type of good or service being purchased. “Per transaction” is a single solicitation for a single item (e.g., copying machine), group of related items (e.g., office furniture), or a specified service (e.g., staff training). Purchases are not to be broken down into smaller components to avoid more stringent procurement requirements.

Providers/vendors may be selected through any of the methods described below.

Eligible Training Provider List (ETPL)
The City of Richmond LWDA, in association with EastBay Works, shall develop and maintain a local ETPL, which supplies local program and provider data for the statewide ETPL. Providers of qualifying programs shall be nominated to the ETPL in accordance with criteria and procedures described in WIOA Directive WIOADO1-16 and attachments.

Competitive Proposals

1. Request for Proposal(s)
A Request for Proposal(s) shall be released for the procurement of major services from service providers and vendors (sub-recipients). The process shall be conducted at least once every three years, unless waived by state directive. The City of Richmond LWDA may release a Request for Proposals as often as necessary, however, and as appropriate to the availability of funds.

The standard RFP process will include:

Issuance of a Public Notice announcing the RFP process and The availability of funds Notification of potential contenders based upon the notification roster (mailing list) as maintained by City of Richmond LWDA.

Notification of potential contenders via the LWDA website at http://www.richmondworks.org, when feasible.
 Release of the RFP with reasonable time for completion Provision of technical assistance.  A technical review and cost/price analysis of proposals submitted in response to the RFP.  Evaluation and recommendation of eligible proposals by staff and the designated LWDA committee  Final approval by the LWDA Board/City Council
 Concurrence of the Administrative Entity
 Establishment or revision of a Qualified Vendor List. 496

The RFP shall contain instructions that inform proposers of the general and specific conditions governing the procurement process. This information shall include, but not be limited to, the scope of the RFP, the structure of the RFP, the review, evaluation, and selection process to be utilized, the protest/appeals methodology, and the anticipated contract methodology.

Responsive proposals shall reflect the following elements at a minimum:
 Relevance of proposed services to RFP requirements
 The capacity of the proposer to provide the desired services  The past performance of the proposer in providing the desired services  Accessibility of the vendor’s training site
 Sufficient information to determine the reasonableness, necessity, allocable and allowable nature of all proposed costs
 Administrative capacity and business qualifications of the proposer Per EDD Directive WSD17-08: If less than three bids are received during a competitive process, justification must be written explaining the limited participation. The justification should include firms and individuals contacted. These documents should be kept in the agency’s contract file and submitted with procurement requests, if applicable.

An integral part of the RFP is the Statement of Business Qualifications (SOBQ), in which organizations establish their qualifications when bidding for funds. Organizations may complete and submit an SOBQ at any time, independent of the formal RFP cycle. A positive evaluation of the Statement of Business Qualifications provides preliminary eligibility status to those organizations, and thus may expedite the proposal approval process (See also V., Unsolicited Proposals).

2. Selection of Professional Services Consultants or Vendors for non-ETPL activities:

For the selection of vendors or professional services consultants, the LWDA will utilize the following processes:

The LWDA will apprise potential vendors/consultants of availability of funds via public notice, by announcements sent to those on the appropriate mailing list, and/or the LWDA website.

Vendors/consultants will submit an application in accordance with City of Richmond LWDA Request for Qualifications (RFQ) or Request for Proposals (RFP) for the applicable services. The RFQ or RFP package will contain requirements for the following minimum elements:

The capacity of the proposer to provide the desired services; The past performance of the proposer in the provision of the desired services; Sufficient information to determine the reasonableness, necessity, allocable and allowable nature of all proposed costs;
Administrative capacity of the proposer.

Staff will conduct a technical review of each proposal submitted and will determine if the proposer meets the minimum requirements for being placed on the Qualified Vendor List (QVL). The technical review will include evaluation of written materials and may include evaluation of a presentation by the proposer. If applicable, a site review will be conducted following the technical review. All proposers will be notified of their status relative to these reviews, with an opportunity to rectify any problems that prohibit their inclusion on the QVL. Upon review and recommendation by staff, a consultant’s services will be posted on the Qualified Vendor List (QVL). The list is a summary document of all approved vendors and is used by staff in the selection of a consultant/Vendor for the specific participant(s) to be served or for the service(s) to be provided.
497

Each consultant may sign an Indefinite Quantity or Professional Services Agreement after being added to the appropriate Qualified Vendor List. Attached to the agreement will be a description of the specific services to be provided, the terms of reimbursement, and the general requirements of the City of Richmond on behalf of the City of Richmond LWDA.

The City of Richmond LWDA may also use the services of vendors or consultants previously procured through other workforce areas or the City of Richmond in accordance with their respective procedures.

The vendor solicitation process shall remain open throughout the fiscal year. LWDA vendors may submit proposals for consideration at any time. A vendor's proposal may be considered active for a maximum of three years.

The Accountability and Oversight Committee of the LWDA will review the Qualified Vendor List on a periodic basis, as requested by staff.

3. Selection of Minor Services - Small Purchases
Small Purchase procurement is most commonly used for supplies, goods and basic services. The basis for selection in Small Purchase procurements is usually the lowest price (determined by performing a price analysis). However, other factors can be considered when making the procurement decision. Other criteria, such as availability of the goods or services, and location are some additional factors that could influence procurement selection. An example of the “availability” criteria would be: you need office supplies today, and only one vendor has them in stock. Another “availability” example is: the new chairs must be delivered within 30 days and only one provider was able to meet this requirement. An example of the “location” criteria would be: you want to send a staff person to a first aid class and one class location is 50 miles closer than the other.
a) The LWDA may utilize a less formal, yet competitive procurement process (the small purchase procedure) for the selection of minor services. For a transaction of less than $50,000, the small purchase method may be used. However, the sealed bid and competitive proposal may also be selected. The City of Richmond’s small purchase threshold is $10,000. b) The maximum dollar value that is allowable for small purchases of employment and training activities, services, and programs shall be less than $50,000 per purchase. Multiple transactions from the same vendor or for the same type of product or service could easily exceed the dollar ranges shown below in Procedural Requirements, or the $50,000 maximum limit for small purchases. Since these rules are applied on a per-transaction basis, multiple transactions that exceed dollar limits would not generally be in violation of this guidance. Large contracts shall not be divided into amounts less than $50,000, however, for the sole purpose of avoiding an open and competitive process. c) Procedural Requirements
Rate or price quotations shall be secured for each small purchase transaction based on the following requirements:

Price Range Contacts and Method
$0 to $3,000 One faxed/written quote*
$3,001 to $4,999 Two faxed/written quotes **
$5,000 to $9,999 Three faxed/written quotes **
$10,000 to $24,999 Three written quotes and Richmond City Council Approval** ***
$25,000 and over RFQ/RFP process possible; agreements < $10K require Richmond City Council approval
498

* This purchase is defined as a small purchase under $3,000 and not as noncompetitive or sole source procurement.
** Unless sole source justification exists
*** RFQ/RFP process possible, depending on circumstances This applies to Governmental grantees, Non-Governmental grantees, and subgrantees.

Note: Request for Proposals (RFP) is required for purchases of $50,000 and over. The RFP should specify the reason for selecting this method of procurement, the scope of work (general and detailed specifications), evaluation criteria, time frames, and all other requirements that would enable proposers to provide appropriate responses.
 Proper documentation for a small purchase includes:
 The reason for selecting the small purchase method.
 The sub-grantee’s estimate of the potential purchase price.  A description of the goods or services being purchased, including the quantity and any additional criteria used to determine the procurement decision. A copy of the RFQ would suffice.  All providers contacted/considered and the prices offered using current catalogs, price lists, prior sales receipts, or formal quotes depending on the amount of the purchase.  Why the provider was selected, including how the provider met any additional criteria, and the price analysis.
 Copy of the purchase document (sales receipt, contract). d) Selection Criteria
Selection is based on vendor qualifications, availability of the goods or services, quality of trading or services, location, and price. Criteria for selection of a vendor's training or services must be documented and retained in the procurement file.

Lowest price is the normal criteria for selecting goods and services, and a price analysis must be conducted prior to purchase. This procurement method does not require selection of the lowest price quotation; however if selection is based on criteria other than price, written documentation describing the additional criteria and its relevance and benefit also should be included in the file.

4. Sealed Bids
As defined by the regulations, sealed bids are "publicly solicited procurements for which a firm fixed-price contract or other fixed-price arrangement is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price.

This method is appropriate and effective when the sub-recipient -- in this case, the City of Richmond LWDA -- is capable of specifying and describing the desired goods/services at a high level of precision and completeness. Widely available commodities such as computer hardware and software, instructional and testing materials, furniture, and vehicles are typical items that might be procured by this method.

When the nature of the good or service to be purchased will be more than $50K, and can be precisely defined, the sealed bid procurement is generally used. The sealed bid process begins with issuance of an Invitation for Bid (IFB). The IFB will be publicly solicited or advertised through newspapers, local advertising and trade papers. The IFB defines the quantity, timeframes, and product requirements.

Vendors are notified of the purchase requirements and submit a sealed bid to a specified location by a specified date and time. The bids are then opened at a specific date and time. A diligent effort should be made to secure at least three competitive bids. The responsible bidder (a bidder that can meet the technical requirements of the procurements), that submits the lowest bid is usually awarded the 499

contract. Any bidder that falls outside of the parameters will normally have their bid rejected. Award of a firm fixed-price or fixed unit price contract by written notice is sent to the lowest responsible bidder. If only one bid is obtained and that bidder is deemed to be responsible, then the noncompetitive or sole source process may be used.

Proper documentation for a sealed bid purchase includes:
 The reason for selecting the sealed bid method.
 The sub-grantee’s estimate of the potential purchase price.  A copy of the IFB.
 Bids received.
 Determination of the responsibility of the bidder.
 Why the provider was selected.
 Copy of the award document.

IFB versus RFP - The IFB is used when there is a clear understanding of the project requirements, scope Of work and technical specifications. The RFP is used in cases where the specific requirements and technical specifications of a project are of a functional nature or unclear. The RFP then provides a guideline for potential offers’ to use in preparing a bid/proposal.

5. Competitive Proposals
This method is typically used when the nature of the goods to be acquired cannot be defined as precisely as required by the sealed bid method. Competitive proposals are specifically used when factors other than price are important in the selection decision; however, procurements must be in excess of $50K. Sub-grantees must indicate in the Request for Proposal (RFP) the scope of work, the method for scoring the proposals, the deadline for receipt of proposals and the dispute process. A public notification of the RFP is normally given through an announcement in a City of Richmond Bidson-line process that is internet based. A copy of the RFP is sent to anyone who requests it and to any prior bidders. A bidders’ conference is usually held to allow interested parties to have any questions answered. Bidders’ conferences also allow attendees to receive the same information. Bidders are required to submit their proposals to a specified location by a specified date and time. Each RFP is reviewed and evaluated as to the merits of the proposal. This review includes a cost analysis. There should be a documented methodology for technical evaluation of each proposal. The review committee then makes a final recommendation as to which proposal(s) best meets the stated requirements. Careful documentation of the successful bidder selection should be maintained for reference. A public notice of intent to award is issued, and followed by the award, and the execution of the contract. If only one proposal is obtained and that proposal is deemed to be responsible, then the noncompetitive or sole source process may be used.

Proper documentation for a competitive proposal purchase includes:

The reason for selecting the competitive proposal method.

The sub-grantee’s estimate of the potential purchase price.

A copy of the RFP.

Bidders’ conference questions and answers.

Bids received.

The scoring criteria and the evaluation/scoring sheets for each proposal, including determination of the responsibility of the bidder and the cost analysis.

Why the provider was selected.

The public notice of intent to award.

Copy of the award document.

6. Noncompetitive Procurement Process: Sole Source Procurement Process 500

a. Procurement by a noncompetitive proposal process should be minimized to the extent practicable and may not be justified on the basis of lack of advance planning by the agency, or by considerations related to the expenditure of funds by a certain date (e.g., funding will expire). This method may be used only when award of a contract is infeasible under small purchase procedures, sealed bidding, or other competitive proposals, and one of the following circumstances applies:
 There is only one responsible source for the item or services that will satisfy agency requirements.
 The public exigency or emergency need for the item or services does not permit a delay resulting from competitive solicitation.
 The awarding agency authorizes noncompetitive proposals; or After solicitation of a number of sources, competition is considered inadequate b. Use of a noncompetitive procurement process shall not preclude evaluation of the technical, programmatic, or cost aspects of the offer, or negotiation of any aspects of the contract, if it is in the best interests of the awarding agency to do so.
c. Contracts awarded under this method shall be supported by a written justification prepared by staff and approved by the LWDA Executive Committee (EC). If it is not practicable to wait for a session of the EC to be convened, such authorization may be granted by the Committee Chair or delegated by the same to the LWDA Board Administrator. (29 CFR 97.6 and 20 CFR 641.881)
d. A cost analysis is required for all noncompetitive procurements. The reason for selecting this method along with the justification for the provider selection must be carefully documented and maintained.
 Proper documentation for a sole source purchase includes:
 The reason for selecting the sole source method, including why the procurement was infeasible under one of the other procurement methods and which of the additional sole source conditions the procurement met.
 The sub-grantee’s estimate of the potential purchase price.  A copy of the RFQ/IFB/RFP.
 A determination of the responsibility of the bidder and the cost analysis.  Why the provider was selected.
 Copy of the award document.
e. Non-Governmental Grantees and Sub-grantees
Institutions of higher education, hospitals and other nonprofits, and commercial organizations that receive grants and sub-grants under ETA-funded grant programs must follow the procurement standards of 29 CFR Part 95. These standards are slightly different from the standards imposed on States and governmental grantees. The requirements for nongovernmental grantees are discussed in the following subsections.

7. Request for Concept Papers
The LWDA also may utilize the Request for Concept Papers (RFCP) process for the selection of innovative, custom, or unique employment and training activities, services, and programs throughout the fiscal year. The RFCP calls for the submission of a concept paper relative to the proposed services. The RFCP allows the LWDA to review new and innovative employment and training activities, services, and programs on an on-going basis, subject to the interest of the LWDA and the availability of funds. If the LWDA is interested in a further review, then the proposer would submit a full proposal and be subject to the conditions of the standard RFP or RFQ process as described under Section IV, Methods of Procurement.
501

502

V. Required Contract Clauses
The type of agreement entered into by all grantees or sub-grantees (including State and governmental grantees) may be fixed price or cost reimbursement, depending on the method of procurement and goods or services being procured. Each agreement funded by the ETA grant programs must contain the specific clauses referred to in 29 CFR 97.36(i), or 29 CFR 95.48, and Part 95, Appendix A, as appropriate. They are listed below:
 For all contracts in excess of the small purchase threshold, administrative, contractual, or legal remedies where contractors violate or breach contract terms. The clause must also provide for sanctions or penalties, as appropriate.
 The type of agreement entered into by all grantees or sub-grantees (including State and governmental grantees) may be fixed price or cost reimbursement, depending on the method of procurement and goods or services being procured. Each agreement funded by the ETA grant programs must contain the specific clauses referred to in 29 CFR 97.36(i), or 29 CFR 95.48, and Part 95, Appendix A, as appropriate. They are listed below.  For all contracts in excess of the small purchase threshold, administrative, contractual, or legal remedies where contractors violate or breach contract terms. The clause must also provide for sanctions or penalties, as appropriate.
 Termination for cause and for convenience by the awarding agency, including process or exercising the clause and any basis for settlement (applies to contracts in excess of $10,000 (Part 97) or contracts in excess of $100,000 (Part 95)).
 Access to records by the awarding agency, the grantee, the DOL, or the Comptroller General.  The Comptroller General of the United States for the purposes of audit, examination, excerpts, and transcriptions (for other than small purchase transactions).  Notice of awarding agency requirements and regulations related to reporting.  Notice of awarding agency requirements and/or regulations related to patent rights, copyrights, and rights in data.
 Record retention requirements as specified in 29 CFR 97.42 or 29 CFR 95.53.  Compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements 41 CFR Part 60. These are codified for DOL programs at 29 CFR Parts 33 and Compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 328 and 333) (all contracts in excess of $2,500 involve employment of mechanics or laborers and all construction contracts excess of $2,000).
 Compliance with the applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, E.O. 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (applies contracts, subcontracts, and sub-grants in excess of $100,000).
 Mandatory standards and policies related to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy Conservation Act (Public Law 94-163).
503

 Whistleblower Protection: The contractor awarded funds made available under WIOA shall promptly refer to the U.S. Department of labor Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.
 A provision requiring compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This requirement is also found in 29 CFR Part 93.
 A provision requiring compliance with the debarment and suspension requirements (E.O. 12549 and 12689). This requirement is also found in 29 CFR Part 98.  Compliance with the provisions of the Davis-Bacon Act for construction contracts in excess of $2,000.
 A provision requiring compliance with the Copeland Anti-Kickback Act (construction and repair awards).
 Grantees and sub-grantees must also use the contract provisions to include other requirements of the WIOA or other ETA grant program, as appropriate. These include provisions related to the following:
 Contract cost and price. Specifically, grantees and sub-grantees must perform a cost or price analysis in connection with every procurement action including contract modifications (see below for more information).
 Applicability of the appropriate ETA program and administrative regulations.  Audit requirements of 29 CFR Parts 96 and 99.

VI. Cost Analysis versus Price Analysis
Grantees and sub-grantees must perform a cost or price analysis with the method and degree of analysis dependent on the facts surrounding the particular procurement situation. Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocatability and allow ability.

As a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of their estimated cost (e.g. under professional, consulting, and architectural engineering services contracts).

A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders. A cost analysis may not be necessary if one can establish price reasonableness on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other circumstances to determine the reasonableness of the proposed contract price. Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts.
504

VII. Unsolicited Proposals
Vendors/providers may submit unsolicited proposals at any time, independent of funding notification by the LWDA. Staff will review all unsolicited proposals periodically, and will review materials and nominate ETPL programs that meet the criteria delineated in the State's Procurement Policies and Procedures (WIOAD00-2); Will review other types of materials, and if proposed services are determined to be appropriate for participants, employers, or staff, the proposer will be asked to complete a more detailed proposal (if necessary), describing the services.

All vendors shall complete and submit a Statement of Business Qualifications (SBQ). The SBQ contains information and certifications that prerequisites to entering into an agreement with the City of Richmond. A positive evaluation of the SBQ expedites the proposal approval process.

VIII. Additional WIOA Requirements
In addition to the requirements of 29 CFR Part 97 or Part 95, the following requirements apply to procurements and agreements funded under the WIOA:
 All agreements between local boards and units of government must be cost reimbursement. [20 CFR 667.200(a)(3)] There is no provision for profit with governmental agencies.  If a fixed-price agreement with a governmental or nonprofit agency results in revenues in excess of actual costs incurred, the excess revenues are considered to be program income. [20 CFR 667.200(a)(6)] Any such fixed-price agreements should reference this requirement.  The local workforce Development plan must contain a description of the competitive process used to award grants and contracts under all programs funded under WIOA Title I. The description must also include the process used to procure training services outside the Individual Training Account (ITA) process. [20 CFR 661.350(a)(10]
 The procurement requirements for services to be provided under WIOA Title IB Youth programs are specified in Section 123 of the Act. This section requires that activities and services for youth be competitively procured. Small purchase procedures can be used to purchase a training slot for a youth at a training institution if allowable under the agency’s procurement policy. Additional guidance on the procurement of youth services is found in TEGL 9-00, dated January 23, 2001; TEGL 12-01, dated February 21, 2002; and the WIOA Youth Program RFP Guide.  The procurement requirements addressed in this chapter do not apply to the identification of eligible training providers. The process for identification of eligible training providers for training services under WIOA Title IB programs is described in 20 CFR Part 663, Subpart E. The State is responsible for the development and maintenance of a State-wide training provider list. While not a federal requirement, each grantee should have a formal agreement for services when a training provider is to deliver services. This may be in the form of a purchase order, contract, voucher, or other mechanism that provides for payment information and may be incorporated or referenced in the individual ITAs.

IX. Appeals Process and Procedures
Any respondent agency (vendor, consultant, community-based organization, etc.) that disagrees with the decisions and funding recommendations of the City of Richmond LWDA relative to the RFP’s, 505

Sole Source, IFB's and SOQ’s has the right of appeal. Respondents not recommended for funding must file a written letter of appeal stating the reason(s) for their disagreement(s) with the decisions within ten (10) business days of the date of notification of the funding decision, at the following address:

Appeals Committee
c/o WDB Board Liaison
City of Richmond Employment & Training Department
330 25th Street
Richmond, CA 94804
X. Bidding Process:

The City of Richmond bidding process often takes three to four months from the time the advertisement is placed until the award is made. This time does not take into account internal approval steps or delays caused by protests. Resolution of protests may add a delay of one to three months.

The time needed to complete the bidding process will depend on the type of competitive bidding method used, the complexity of the services required, the number of bids or proposals received, whether a bidders’ conference is held, whether DVBE participation is required, whether protests are received, and other factors.

XI. Bidder’s Conference:

The Comparison Chart of Bidding Methods below (Source: California State Contracting Manual) shows that a bidder’s conference is optional for IFBs and RFPs. However, bidder’s conferences are prevalent in the Public Sector and help governmental agencies and vendors alike. These conferences provide a forum for open dialog and clarification of a RFP, as well as bringing up any missing elements that should be considered in the evaluation process.

Competitive Bidding Options:

Comparison Chart of Bidding Methods
Considerations IFB Primary RFP Secondary RFP
When this method is
typically used
To obtain simple,
common, or routine
services that may require
personal or mechanical
skills. Little discretion is
used in performing the
work.

To obtain complex services
in which professional
expertise is needed and
may vary. Where different
methods and approaches
may be applied during
performance.

To obtain very complex and/or
unique services in which professional
expertise and methods may vary
greatly. Creative or innovative
approaches are needed.

Cost/value of
services
$5,000 or more. $5,000 or more. $5,000 or more.

California State
Contracts Register
advertising
Yes (see note below). Yes (see note below). Yes (see note below).

Bidders' conference Optional. Held if
necessary to clarify
Optional. Held if needed to
clarify service needs.

Optional. Held if needed to clarify
service needs.
506

Note: Exception: See SCM 5.80 B for contracts under $100,000 awarded to a certified small business or DVBE.

XII. Sub-grantee and Vendor Distinctions
The applicability of the WIOA, its regulations, and other program regulations, including the Office of Management and Budget (OMB) circulars, is limited to grantees and sub-grantees funded by those programs. Thus, the distinction between sub-grantees and vendors becomes critical to the program.

Payments received by a vendor for goods or services are not considered to be federal awards. To aid grantees and sub-grantees in making the proper distinctions, the following guidance is provided. The descriptions have been drawn from 29 CFR 99.210.

Sub-grantee - a legal entity to which a sub-award of federal funds is made and that is accountable to the grantee for the use of the funds provided. When the organization performs the following activities, a federal award to a sub-grantee is indicated:
 Determines eligibility for the federally funded program.  Has its performance measured against the objectives of the federal program.  Has responsibility for programmatic decision-making.
 Has responsibility for adherence to applicable federal program compliance requirements (for example, the regulations).
 Uses the federal funds to carry out a program of the organization as opposed to providing goods or services for a program.

Vendor - a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a federal program. The following activities are indicative of a vendor relationship with an organization:
 Provides the goods and services within normal business operations.  Provides similar goods or services to many different purchasers.  Operates in a competitive environment.
 Provides goods or services that are ancillary to the operation of the federal program. service needs.

How award is made Lowest responsible
bidder: public bid
opening.

Lowest qualified
responsible proposer;
public bid opening.

Highest-scored responsible
proposer; public bid opening.

Oral Interviews Not applicable. Optional. Held if needed. Optional. Held if needed.

What information is
submitted
Bid form and other
material deemed
necessary by the
awarding agency.

Narrative proposal and a
separate envelope
containing cost
information.*
Narrative proposal, including a cost
component, in one envelope.

Statement of work
(SOW)
considerations
SOW is pre-developed. Objectives, major tasks,
and timelines are identified.

Proposer offers detailed
work plans, methods, etc.

Goals and objectives are stated.

Proposer offers detailed work plans,
approaches, methods, etc.

How small business
preference is
applied
The cost bid of a certified
small business is
reduced for evaluation
purposes by 5 percent of
the lowest cost bid
offered by a noncertified
small business.

The bid of a certified small
business is reduced for
evaluation purposes by 5
percent of the lowest cost
offered by a noncertified
small business.

Certified Small business will have its
points increased by 5% of the total
points awarded to the highest scored
non-small business bidder.
507

 Is not subject to the federal compliance requirements of the program.

In making the determinations of sub-grantees and vendors, direct grantees, local areas, and other sub-grantees should take into account all of the characteristics related to the type of provider. When deciding whether a vendor or sub-grantee relationship exists, it is the relationship that matters, not the label on the award document (e.g. grant, contract, sub-grant, or subcontract). No one factor should be taken in isolation; all the applicable criteria for each decision should be reviewed. However, under no circumstances should a designation of vendor be made for providers that have a financial or performance requirement related to eligibility or selection of participants. As previously stated, the designations of sub-grantee and vendor relate to type of product or service provided, and not to the type of agreement document used or whether that agreement is called a contract or a sub-grant.

The following chart includes a list of indicators that may be of assistance in distinguishing subgrantees from vendors. This guidance is based in part on the information found in 29 CFR 99.210.

Indicators of Sub-grantee and Vendor Relationships
Factor Vendor Sub-grantee
Activity1 Sell deliverables (goods/services) Provide services Assistance Arrangement Buyer-seller Financial assistance to operate a program
Closeout Package Final invoice Comprehensive
Control Control is outcome focused Control is on process Development Costs Absorbed Controlled
Extent of Flexibility Bound to adhere to specific contract terms
Latitude to make decision within
terms of agreement
Federal Rules N/A Compliance
On-the-Job Training Sub-grantee developed (direct
employer award)
Award to broker
Payment Basis2 Is paid for specific deliverable Is paid for services whether expensed as a deliverable or not
Product Specific outcomes Operate a program
Performance Measured3 Against the specific requirements of contract
Against the performance outcomes of
the financial assistance award
Product Development Develops product and delivers from
inventory
Controls development
Public Policy Contract specific clauses Standard statement of assurances Purpose of the Award To provide specific goods or Services To carry out a program goal Receipt of Funds Number of items delivered Costs incurred Risk Risk to vendor Share risk w/awarding agency
Type of Training Referral Slotting on an individual referral basis Filling a class-sized training Program Type of Market For sale within normal business
operation; existing product tailored to
the program
Customized for specific program
purposes
Type of Product Provide specific product or service
ancillary to the federal program
Design a program to meet a broader
goal such as performance outcomes
1 There may be instances where it is possible to obtain the same type of services under either a vendor or a sub-grantee award. 508

2 Federal reform efforts are now shifting emphasis from paying for process to paying for results. Such performance- and outcome-based payments are possible under both vendor and sub-grantee awards. 3 Same as 2 above.

XIII. Code of Conduct/ Conflict of Interest Statements
The City of Richmond’s Code of Conduct/Conflict of Interest statements specific to the LWDA per 20 CFR Section 667.200 (4) (i) (ii) can be found in the Workforce Development Board By-Laws, Section C.

A more detailed conflict of interest statement includes: No employee, officer or agent of the grantee or sub-grantee shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:
 The employee, officer or agent
 Any member of his immediate family
 His or her partner, or
 An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee’s or sub-grantee’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. Grantee and subgrantees may set minimum rules where financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions or other disciplinary actions for violations of such standards by the grantee’s and sub-grantee’s officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

XIV. Local Ordinances Affecting Procurement Process
The following City Ordinances may affect the procurement process of the LWDA:

A. Richmond Business Opportunities Ordinance. No. 53-06, (Chapters 2.50 – 2.50.110) B. Non-Discrimination Clauses in City Contracts (Chapter 2.28) C. Contracting and Purchasing Procedures (Chapter 2.52) D. Local Employment Program (Chapter 2.56)
E. Living Wage (Chapter 2.60)

The aforementioned Local Ordinances can be located in the Offices of the City Clerk and the City Attorney.

XV. Procurement and Management of Property
A. WIOA does not directly address the matter of real property, procurement, and management of property. Acquisition and management of property shall be in accordance with the general provisions of 29 CFR 95.32 (supplies), 95.34 (equipment), 95.35 (supplies) 95.36 (copyrights),

97.31 (real property), 97.32 (equipment), 97.33 (supplies) and 97.34 (copy rights) as well as applicable State and City of Richmond purchasing guidelines. WIOA Final Rule, 20 CFR, Part 509

667.200 (c)(1-6) discusses allowable cost provisions, and (c)(7) stipulates that costs of computer hardware and software will only be allowable when the technology is "Year 2010 Compliant".  Exempt property - defined in 29 CFR 95.2(p), which states “Exempt property means tangible personal property acquired in whole or in part with federal funds, where DOL has statutory authority to vest title in the grantee without further obligation to the Federal Government.” No federal statute applicable to ETA programs currently provides this authority.  Supplies - defined at Section 97.3 as “all tangible personal property other than equipment…” 29 CFR 97.33 provides standards for supplies that apply to both States and other governmental grantees and sub-grantees. It states that title to supplies acquired under a grant or sub-grant vests in the grantee or sub-grantee, respectively. As to disposition, this regulation indicates that the grantee or sub-grantee shall compensate the awarding agency for its share of the residual inventory of unused supplies if the inventory exceeds $5,000 or more in aggregate fair market value when the award is terminated or completed and if the supplies are not needed for any other federally sponsored programs or projects. Aggregate value is the total value of all remaining supplies (e.g., pencils, paper, and printer ink). Supplies are not to be used to provide services to non-federal outside organizations for a fee that is less than that charged by private companies for equivalent services. For nongovernmental organizations, supplies are defined at 29 CFR 95.29(11) as “all personal property, excluding equipment, intangible property, and debt instruments…and inventions…” 29 CFR 95.35 provides the standards for supplies. Upon acquisition, title vests in the sub-grantee subject to management and disposition conditions. The sub-grantee must maintain sufficient records to determine the amount of unused supplies on hand at the termination of the award. The sub-grantee must compensate the DOL for its share of the residual inventory if the inventory is $5,000 or more in aggregate value upon termination or completion of the award and if the supplies are not needed for any other federally sponsored programs or projects.

B. In the past, the regulations have mandated that each workforce area or board shall use its own procurement procedures that reflect applicable state and local laws and regulations, provided that the procurement procedures also comply with the federal regulations. Overall, the objective when purchasing equipment is to ensure that the best value is received for each dollar spent. This may mean that the lowest price is not necessarily obtained. Quality, configuration, availability, and other factors may affect a purchase decision.

C. For purchases of equipment, supplies, and intangible property acquired on or after July 1, 1993, the State has no prior approval requirements. The State requires workforce areas to obtain prior approval for purchases of vehicles, computers, and computer-related equipment and software if over $5,000.00. The purchase of all equipment, especially vehicles, must be necessary, reasonable, appropriate, and allocable to WIOA programs.

D. The City of Richmond purchases items such as office supplies, furniture, computer equipment, and similar goods through its Purchasing Department in accordance with its procedures (including procedures for invoicing, acceptance, and payment). The City purchases equipment for the City of Richmond consortium based on the City's standards and the consortium's needs. This method should be used unless it would affect the City's ability to administer the Consortium's programs in an expeditious, cost effective manner. Under these circumstances, goods will be procured through sealed bid, small purchase, or sole source procedures, as applicable (See Attachment A).

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XVI. Intangible Personal Property
Copyrights:
29 CFR 97.34 states that the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use, and authorize others to use, for federal government purposes:
 The copyright in any work developed under a grant, sub-grant, or contract under a grant / sub-grant.  Any rights of copyright bought with grant funds by a grantee, sub-grantee, or contractor.  Note: The federal right in this instance does not “pass through” to contractors.

For nongovernmental entities, 29 CFR 95.36 specifies that the sub-grantee may copyright work developed or for which ownership was purchased under an award. DOL has a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use (and authorize others to use) the work for federal purposes.

When such property is developed with the use of ETA grant funds, it is to be made available to any other entity requesting to use the copyrighted materials in a federally funded program without a licensing fee. Incidental costs such as packaging, shipping, and handling, may be charged. If the materials will be used for other than federally funded activities, the developing organization may charge a license fee. The income realized from the sale or licensing of copyrighted materials is not considered as program income unless specified as provided in 29 CFR 97.25(e).

Inventions and Patents - Regulations applicable to nonprofits and small businesses are issued by the Department of Commerce at 37 CFR Part 401. Property requirements for inventions and patents are specifically treated in 29 CFR Part 95 only. The ETA does not anticipate that inventions and patents will be associated with these programs.

Data - Under 29 CFR 95.36(c), the DOL has the right to obtain, reproduce, publish, or otherwise use data first produced under a procurement contract and to authorize others to do the same for federal purposes.

Title, Use, and Disposition - For nongovernmental entities, title to intangible property vests in the sub-grantee upon acquisition. Use is restricted to the originally authorized purpose, and the subgrantee must follow the provisions of 29 CFR 95.34(g) for disposition and DOL compensation. There is no similar provision for Governmental grantees.

Note: The federal right in these instances does not pass through to vendors. Grantees and subgrantees must include such rights in the agreement with vendors, should there be a need.

XVII. Contracting Procedure Assurances
The City of Richmond is the administrative entity for the City of Richmond LWDA, and the City of Richmond Finance Department is the LWDA’s fiscal agent.

All agreement “boilerplates” and exhibits, including agreements for major services, shall be reviewed by the City Attorney's office of the City of Richmond.
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It is the intention of the City of Richmond LWDA to enter into performance-based agreements whenever possible, but cost-reimbursement agreements will be required for all non-tuition based training programs with non-profit contractors and public agencies. The various agreements shall contain all required general and specific conditions reflective of federal, State, and local requirements; and all cost-reimbursement agreements shall contain performance standards. Failure to meet the performance standards may result in termination of the agreement.

For cost-reimbursement agreements, the contractor shall be reimbursed upon submission and approval of invoices based on incurred costs, in accordance with a line item budget. Subject to funding source limitations, line item agreements; may have limited flexibility.

Profit (program income) shall be negotiated separately for all cost-based Agreements and for price-based agreements with no price competition. “For-profit" contractors shall be entitled to a reasonable profit for provision of goods and services.

The City of Richmond LWDA Board Fiscal Manager shall be responsible for the administration of City of Richmond LWDA Board’s various procurement systems and the required documentation therein.

Certifications
The City of Richmond LWDA Board will not enter into agreements with any agencies who are currently of a debarred status, or whose debarred status has not been resolved. All contracts and awards in excess of $10,000 to vendors and sub-recipients shall include debarment certifications.

Regardless of the amount of the award, all sub-recipients shall certify to a Drug Free Workplace 29 CFR (98.600)
All awards of $10,000 or more shall certify that no funds shall be used for lobbying.

Consistent with the regulations issued pursuant to the Workforce Innovation and Opportunity Act, Section 188, the applicant or contractor must certify compliance with Title VI of the Civil Rights Act of 1964 and all other applicable federal, state and local statutes relative to nondiscrimination, Federal EEO & American Disability Act laws.

The City of Richmond LWDA may not contract with any organization that is not in compliance with these assurances.
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ATTACHMENT

CITY OF RICHMOND PURCHASING POLICY
Section I - GENERAL

PURPOSE
To establish the manner by which all City procurement is to be conducted as well as to ensure City compliance with applicable laws relating to the expenditure of public funds.

POLICY
When authorized to procure material or service, all City employees shall follow this policy to correctly and ethically process a procurement need and ensure the efficient use of public funds. All City rules, regulations, laws, resolutions and the City Purchasing Ordinance are incorporated herein by reference See the following chapters of the Municipal Code:

Chapter 2.52 – Contracting and Purchasing Procedures
Chapter 2.50 – Richmond Business Opportunity Ordinance
Chapter 2.56 – Local Employment Program

OVERVIEW
The City’s Purchasing Ordinance and Procurement Policy are in place as your guideline to ensure materials and services are purchased in a legal and cost-effective manner. Keep in mind that services generally have some risk associated with them and typically require insurance documentation and a City Contract Agreement.

Most services will require a standard City agreement which can be found on the City’s Intranet. Each agreement must be approved as to form by the City Attorney’s Office.

The purchasing functions are decentralized, with each Department/Division responsible for compliance with City policies and procedures. Purchasing responsibility and authority shall be delegated to the lowest possible level consistent with good business practice and sound financial management policy to the extent practical.

The following apply to all purchases made by the City of Richmond:

No purchase will be approved or undertaken unless an appropriation has been established, through either the adopted annual budget or City Council approval of additional appropriations. It is the responsibility of the Department/Division to maintain budget control of their individual budgets. Ultimate responsibility for the individual budget rests with the Department Director.

Certain purchases are unique in nature and do not lend themselves to the process of competitive bidding.

Therefore, these items are excluded from the competitive bidding and purchase order requirements.

These items include, but are not limited to, County Services, debt service payments, and ongoing expenses for utilities or services (such as telephones, electricity, etc.) 513

No City employee shall have a direct or indirect financial interest in any contract or purchase of goods or services entered into by the City, or shall derive any personal benefit from the City’s purchase of goods or services.

No City employee shall use the City’s purchasing procedures to obtain property for personal use, by misrepresenting to vendors for the purpose of obtaining price discounts for personal purchases.

No City employee shall draft or cause to be drafted any specifications for bids in such a way as to intentionally limit the bidding directly or indirectly to any one bidder.

SOLICITATION THRESHOLDS
The dollar limits for purchases are established by ordinance or resolution. Purchases shall not be split to avoid the required procedures or certain dollar limits. In summary, requisitioners are responsible to obtain quotes/bids as indicated below:

Less than $3,000 – Solicit One Written Quote
Between $3,000 - $5,000 – Solicit Two Written Quotes
Between $5,000 - $25,000 – Solicit Three Written Quotes Over $25,000 – Formal Sealed Bids/Proposals are Required Formal procedures are used when the value of the purchase/service is estimated to be $25,000 or greater. Informal procedures are used when the estimated value of the purchase/service is less than $25,000.

Formal purchases may be solicited by either an Invitation For Bid (IFB), a Request For Proposals (RFP), or by a Request For Qualifications (RFQ).

Informal purchases may be solicited by either a Request For Quote or a Request for Proposal (RFP).

ISSUING THE QUOTE/BID/RFP/RFQ: Since all solicitations over $3,000 require competitive quotes, the issuing department shall submit the solicitation to the Purchasing Division to post to the City’s Bids-On-line System. This will ensure maximum exposure and competition. Also submit to Purchasing a list of potential firms to receive notice of the solicitation.

Exceptions: The informal/formal bid process may be bypassed in the following three instances:

In emergency situations to preserve life, health or property, the appropriate Department Head may dispense with obtaining quotes/bids/proposals to obtain materials/services necessary in dealing with the emergency. The Emergency Justification Form must be approved by the Finance Director and City Manager prior to any purchase. If the purchase exceeds $10,000, immediately following the emergency, the appropriate Department Head shall prepare an agenda report to Council explaining the emergency and the items purchased. Emergency procurements should be made only to preserve life, health or property.
 Upon a natural disaster
 To correct or forestall a shutdown
 To maintain essential public services
 Other unforeseeable events
 NOT because of poor planning
When one known supplier is available, the Department Head may complete the Sole Source Form. A sole source is the only possible source, not a preferred source. The Sole Source Form must be approved 514

by the Finance Director. If the purchase is under $10,000 the City Manager must also approve the Sole Source. If the purchase exceeds $10,000, an agenda report for Council approval requesting an exception from the solicitation process and requesting awarding the purchase to the “Sole Source vendor” must be prepared.

When there exists other governmental contracts that are competitively bid (such as State Contracts, DGS, WSCA, US Communities, etc) that the City is eligible to use.

PROCUREMENT/PAYMENT METHODS
Purchase Order: The Finance Department has designated the purchase order as the primary and preferable procurement and payment method.

The Purchase Order (PO) is the main source of encumbering and procuring services and materials. The PO is used to communicate to a vendor the City’s terms and conditions, authorizes an encumbrance of City funds and is a contractual agreement to order goods and services. The PO is used to process payment and track expenditures in the City’s Financial System (MUNIS).

Important to our procurement process is the system of encumbrance accounting, which helps departments and Finance control department spending by knowing what amounts have been committed prior to the actual invoicing and payment of services. When a department makes a verbal commitment with a vendor and does not issue a purchase requisition and a purchase order is not created, it circumvents the entire budgetary control process. Verbal commitments with a vendor and the absence of a purchase order is not an acceptable practice. Obtaining a purchase order from the Purchasing Division is the main method of encumbering City funds.

Accounts Payable will pay approved vendor invoices with an appropriate and valid purchase order number issued from the Purchasing Division. Invoices without an authorized purchase order may be returned to the vendor unpaid.

Credit/Procurement Card (CAL-Card): The CAL-Card is used as a purchase and payment method used to procure budgeted low value items, typically up to $3,000. It may be used for higher value purchases on an approved basis. Cardholder and cardholder’s approving official are responsible for proper use of the CALCard program. See the CAL-Card Handbook, posted on the City’s intranet, for policies and procedures.

Direct Pay (Green Stamp): Green stamps are used as a limited payment method typically used for utilities, trust accounts, and one-time payments. Direct pay Is not to be used for payment of services or routine/re-occurring payment of goods. The use of a direct pay must be approved by the Finance Director or his/her designee and shall be limited to the following areas:

Utility payments, i.e. electricity, gas, water, sewer, etc.

Trust Accounts
One time vendors – The one-time vendor should be used for any vendor that will be utilized one time during a calendar year with an aggregate payment of less than $600.00 per calendar year. A vendor number will need to be created for payment. The issuing Department/Division will need to obtain a completed IRS form W-9 from the vendor.

Legitimate “emergency” needs, must have the Finance Director’s approval.

Electronic Funds Transfer (EFT): EFT are used as a limited payment method for transactions with large dollar amounts which are time sensitive. Types of payments which are routinely processed by means of an EFT are debt service payments, the purchase of securities, and medical benefits etc. 515

Section II - GENERAL SUPPLIES, MATERIALS AND EQUIPMENT

PURPOSE
Provide guidelines for the purchase of general supplies, materials and equipment. Supplies, materials and equipment shall consist of any and all articles or things which shall be furnished to or used by any department.

In instances where goods and services are purchased together from one vendor, this section shall only apply if the predominant portion of the purchase is goods. (For example, a purchase of equipment for $1,000 with a $300 installation fee would be covered under this section of the policy. A repair of equipment with $1,000 in labor and $300 in parts would be covered under Section III General Trade Services).

INFORMAL/UNSEALED QUOTES < $25,000.00
Material/supply purchases exceeding $10,000 must be awarded by the City Council.

Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.

The Department/Division should make every reasonable attempt to obtain at least three quotes for all purchases between $5,000-$25,000. However, it is understood that at times it is neither practical nor cost effective to continue soliciting quotes until three quotes are received. In the event that three viable quotes are not received, the division shall document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and, if applicable, why it is not practical to receive three quotes.

Documentation: Quotes received must be documented to the satisfaction of the Finance Department.

Ideally, documentation should include the name of the company bidding, the person giving the quote, items being quoted, the date and time of the contact, the amount quoted and any other relevant information.

Evaluating Quotes: The Department/Division shall evaluate the informal quotes received and determine the lowest most responsible quote. When evaluating quotes, please verify that like items are being evaluated (apples to apples). The City reserves the right to accept the quote which is in the best interest of the City.

Purchase Order: A purchase requisition detailing the vendor name, address, item(s) being purchased, total price including tax and shipping, and budget account to be charged shall be prepared in the MUNIS Financial System. A copy of the quotes/quote summary shall be attached to the purchase requisition. The Purchasing Division will review/approve the purchase requisition and convert the requisition to a Purchase Order.

FORMAL/SEALED BIDS > $25,000.00
Material/supply purchases exceeding $10,000 must be awarded by the City Council.

Formal bidding should be used to assure all possible vendors are given the opportunity to bid on major City purchases, thereby assuring the City that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding. 516

The initiating Department/Division shall be responsible for completion of the formal bid process. However, the process shall be coordinated with the City Clerk’s Office and the Purchasing Division.

Bid Package: The initiating department shall prepare a bid form including detailed specifications for the item to be purchased. The following format is suggested for competitive bids.

Submission of Bids – Include date, time, location and bid number. Include a detailed list of the information the bid or proposal should contain.

Questions – List the name, address, and telephone number of the person to be contacted concerning questions about the project.

Background – Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.

Scope of work – Describe in detail the requirements for the job and detail specifications.

Desired project schedule – be as specific as possible.

Minimum and desirable qualifications – Be as specific as possible.

Performance Bond – Whether a performance bond is required and if so, the amount and form of bidders security.

Notice inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:

A general description of the item to be purchased.

A statement indicating where bid package, specifications and bonding requirements can be obtained.

A statement specifying the time place for the opening of the bid.

Bid Opening:

Sealed bids shall be submitted to the City Clerk’s office and shall be clearly identified with the Bid number on the envelope.

Bids shall be opened in public at the time and place stated in the solicitation.

The City Clerk or his/her designee shall open the bids and shall record all bids received.

Any bid received after the time specified in the notice shall be rejected.

When bidder’s security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier’s check, certificate of deposit in City of Richmond’s name, or bid bond made payable to the City of Richmond. When a bidder’s security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid.

Rejection of Bids: The City reserves the right to reject any and all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interest of the City.

Determining Lowest Responsible Bidder: Award to bid shall be to the lowest responsive and responsible bidder. The City reserves the right to accept that bid which is in the best interest of the City. When selecting the recommended bidder the Department/Division Head will take into consideration:

Price
Ability, capacity, and skill
Ability to meet time requirements
Character, integrity, and reputation
Previous vendor experience
Financial resources available for contract performance
Ability to provide future maintenance and service, if necessary 517

Awarding the Bid: Once the bids have been evaluated, the Department Head/Division Head shall prepare an agenda report to Council recommending the most responsive and responsible bidder. The Council shall then award the bid in a public meeting.

All contracts exceeding $10,000 must be awarded by the City Council. Otherwise:

Such purchases are void and not considered an obligation of the City.

Invoices may be returned to the contractor/service provider unpaid.

The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

Purchase Order: A purchase requisition detailing the vendor name, address, item being purchased, total price including tax and shipping, and budget account to be charged shall be prepared in the MUNIS Financial System. A copy of the bid/bid summary shall be attached to the purchase requisition. The Purchasing Division will review/approve the purchase requisition and convert the requisition to a Purchase Order.

Change Orders: The City Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Section III - GENERAL TRADE SERVICES

PURPOSE
Provide guidelines for the purchase of trade contractual services. Trade services shall mean the repair, rental or maintenance of equipment, machinery and other City-owned or operated property. Included within this term are services necessary for the routine operation, repair or maintenance of existing buildings or improvements. The term does not include services rendered by professionals and other services which are unique in nature and not subject to competition.

In instances where goods and trade services are purchased together from one contractor/service provider, this section shall only apply if the predominant portion of the purchase is services. (For example, a repair of equipment with $1,000 in labor and $300 in parts would be covered under this section of the policy. A purchase of equipment for $1,000 with a $300 installation fee would be covered under Section II- General Supplies, Materials and Equipment).

INFORMAL/UNSEALED QUOTES < $25,000.00
Trade services exceeding $10,000 must be awarded by the City Council.

Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.

The Department/Division shall strive to, whenever possible, solicit at least three quotes in writing. It is important that the specifications are accurate and comprehensive.

Documentation: Quotes received must be documented to the satisfaction of the Finance Department.

Ideally, documentation should include the name of the company bidding, the person giving the quote, 518

services being purchased, the date and time of the contact, the amount quoted and any other relevant information.

Evaluating Quote: The Department/ Division shall evaluate the informal quotes received and determine the lowest most responsible quote. The City reserves the right to accept that quote which is in the best interest of the City.

When selecting the recommended bidder the Department / Division Head will take into consideration:
 Price,Ability, capacity, and skill.
 Ability to meet time requirements.
 Character, integrity, and reputation.
 Previous contractor/service provider experience.
 Financial resources available for contract performance.  Ability to provide future maintenance and service, if necessary.

Contract and Purchase Order:

1. A contract shall be prepared detailing the consultant’s name, service being purchased, total price of the service being purchased. The consultant shall sign three original copies.

2. The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.

3. Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.

4. If the vendor is located in, or perform services within city limits or if vendor delivers products in company owned vehicles, a Business License is required. Visit the City’s website www.ci.richmond.ca.us/businesslicense if you want more information.

5. The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.

6. A purchase requisition shall be prepared in the MUNIS Financial System.

7. The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.

8. One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk’s Office.

Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.

Change Orders for Product: The Purchasing Division is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.
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Change Orders for Services: The City Manager is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

FORMAL/SEALED BIDS/PROPOSALS > $25,000.00
Trade services contracts exceeding $10,000.00 must be awarded by the City Council.

Formal bidding should be used to assure all possible contractor/service providers are given the opportunity to bid on major City contracts, thereby assuring the City that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding.

The initiating Department/Division shall be responsible for completion of the formal bid process. However, the process shall be coordinated with the City Clerk’s Office and the Purchasing Division.

Formal Sealed bids must be publicly opened in the City Clerk’s Office.

Bid Package: The initiating department shall prepare a bid package including detail specifications for the services to be purchased. The following format is suggested for competitive bids/proposals:

1. Submission of bids (or proposals) – Include date, time, and location. Include a detail list of the information the bid or proposal should contain. Formal sealed bids must be publicly opened in the City Clerk’s Office. Formal sealed proposals are not required to have a public bid opening.

2. Questions – List the name, address, and telephone number of the person to be contacted concerning questions about the project.

3. Background – Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.

4. Scope of work – Describes in detail the requirement for the job and detail specification

5. Desired project schedule – Be as specific as possible.

6. Minimum and desirable qualifications – Be as specific as possible

7. Performance Bond – Whether a performance bond is required and if so, the amount and form of bidders security.

8. Sample Contract – A sample of the contract that is expected to be used should be included in the bid package.

Notice Inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:

1. A general description of the services to be purchased

2. A statement indicating where bid forms, specifications and bonding requirements can be obtained.

3. A statement specifying the time and place for the opening of the bids.

Bid Opening:

Sealed bids shall be submitted to the City Clerk’s office and shall be clearly identified with the Bid number on the envelope. Faxed bids are not acceptable.

Bids shall be opened in public at the time and place stated in the solicitation.

The City Clerk or his/her designee shall open the bids and shall record all bids received.

Any bid received after the time specified in the notice shall be rejected.

When a bidder’s security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or 520

cashier’s check, certificate of deposit in the City of Richmond’s name or bid bond made payable to the City of Richmond. When a bidder’s security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid.

Rejection of Bids/Proposals: The City reserves the right to reject any and all bids, to accept or reject any one item of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interest of the City.

Determining Lowest Responsive and Responsible Bidder: Award of bid shall be to the lowest responsive and responsible bidder. The City reserves the right to accept that bid which is in the best interest of the City. When selecting the recommended bidder the City staff will take into consideration:
 Price
 Ability, capacity, and skill.
 Ability to meet time requirements.
 Character, integrity, and reputation.
 Previous contractor/service provider experience.
 Financial resources available for contract performance.  Ability to provide future maintenance and service, if necessary.

On-Call (Ongoing) Professional Services
In some instances it is in the best interest of the City to have on-call contracts with multiple consultants for the same or very similar services. (I.e. services that can be defined as to scope of work but not as to require events such as soils testing, contract building inspection services, architectural services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual on-call processional service contracts.

The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts. However, multiple firms may be awarded an on-call contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.

As events occur and need arises, work may be assigned to the consultants on the eligibility list. The Department Head shall solicit proposals from the consultants on the eligibility list or shall make a reasonable attempt to rotate work between consultants subject to availability and special needs.

Contract and Purchase Order:

A contract shall be prepared detailing the consultant’s name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies.

The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.

Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.

The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.

A purchase requisition shall be prepared in the MUNIS Financial System. 521

The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.

One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk’s Office.

Renewals: Contracts for ongoing services may include annual renewal provisions for up to three years.

However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.

Change Orders for Product: The Purchasing Division is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Change Orders for Services: The City Manager is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Section IV - PROFESSIONAL SERVICES

PURPOSE
Provide guidelines for the purchase of professional services. Professional services are those activities performed by a consultant who possesses a high degree or expertise in a particular profession. This would generally include (but not be limited to) architectural, landscape architectural, engineering, environmental, land surveying, construction project management, accounting/auditing, financial, legal, and other administrative services.

INFORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS < $25,000.00 Professional service contracts exceeding $10,000 must be awarded by the City Council.

An informal Request for Proposal (RFP) or a Request for Qualifications (RFQ) process shall be used for any solicitation under $25,000. These professional service agreements shall have sufficient documentation of background analysis to support the contract. Informal solicitations should be used to assure quality services are received for a reasonable price.

The Department/Division shall strive, whenever possible, to solicit at least three qualifications/proposals in writing. It is important that the specifications are accurate and comprehensive.

Informal Request for Proposal or Request for Qualifications:

Documentation – Informal quotations must be documented to the satisfaction of the Finance Department.

Documents should include:

1. The name of the company

2. The person giving the quote

3. The date and time the quotes were received

4. Understanding of the required scope of services.
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5. Specialized experience of the firm and its personnel relative to the required services.

6. References who can be contacted to verify past record of performance, i.e., completion of quality product, in a timely manner, and within budget constraints.

7. The capacity of the firm to perform the subject project within a required timeframe.

8. Estimated price
Evaluating Informal RFP/RFQ:

The Department/Division Head or designee(s) shall select the consultant which, in their evaluation process, is the most qualified to perform the work. The evaluation and selection process shall be based upon the following considerations:

1. General quality and responsiveness to the request, including but not limited to:
 Responsiveness to the terms, conditions, and items of performance;  Grasp of the problem, work to be performed, and approach to be used

2. Organization and personnel making the proposal;
 Evidence of good organizational management practices.  Qualification of the personnel.
 Specialized experience of the firm and its personnel relative to the required services.  References who can be contacted to verify past record of performance (i.e., completion of a quality product in a timely manner and within budget constraints).  Previous consultant experience
 The final condition of the firm
 Capacity of the firm to perform the subject project within a required timeframe

3. If appropriate, the price, in any of the following formats, may be considered.  Total price and price breakdown
 Price range
 Cost schedule
Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.

Contract and Purchase Order:

1. A contract shall be prepared detailing the consultant’s name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies.

2. The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.

3. Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.

4. If the vendor is located in, or perform services within city limits or if vendor delivers products in company owned vehicles, a Business License is required. Visit the City’s website www.ci.richmond.ca.us/businesslicense if you want more information. 523

5. The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.

6. A purchase requisition shall be prepared in the MUNIS Financial System.

7. The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.

8. One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk’s Office.

Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.

Change Orders for Product: The Purchasing Division is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Change Orders for Services: The City Manager is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS > $25,000.00 Professional service contracts exceeding $10,000 must be awarded by the City Council.

A Formal sealed Request for Proposal (RFP) or a Request for Qualifications (RFQ) process shall be used, for any solicitation exceeding $25,000, thereby assuring the City that it has engaged the most qualified consultant available for the engagement. The formal solicitation process generally takes more time and expense than informal solicitations of qualifications.

The Formal Request for Proposal or Request for Qualifications shall include:

Developing the RFP or RFQ:

Because RFP’s and RFQ’s ask for a subjective product, they should contain the greatest detail possible, and may include the following:

1. A precise description of the problem or objective

2. The services to be performed

3. The product to be provided

4. The anticipated time schedule for:
 Submittal of RFP/RFQ (date and time)
 Any pre-proposal conference (date, time and location)  Review and evaluation of the proposals
 Award of the contract
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 Commencement of the work on the project
 Completion date

5. Evaluation factors and the relative importance of each

6. Expectations or limitations on the part of the City
 The format, form and quantity of any expected reports  The extent/nature of assistance/cooperation available from the City

7. Expected content of the RFP/RFQ, including:
 The overall description of techniques to be used
 Listing of similar services provided to other clients  Listing of available references to contact
 Description and qualifications of assigned lead and supporting personnel  Time and staff expected to be expended
 Facilities and equipment to be used
 Portion of contract to be performed by sub-contractors  Subcontractors / Sub-consultants qualifications
 Cost, in summary and total, and desired method of payment. The RFP/RFQ for services may, but is not required to; state the amount budgeted for the service.

8. Contractual requirements including, but not limited to:
 Prohibition against assignment
 Indemnification
 Insurance requirements
 Bonding requirements
 Warranties
 Compliance with federal, state and City laws, rules and regulations  Compliance with any grant related regulations
 Sample contract
Issuing the RFP/RFQ:

1. To ensure maximum exposure and competition, the issuing department shall submit the RFP/RFQ documents to the Purchasing Division to post to the City’s BidsOnline System. Also submit to Purchasing a list of potential firms to receive the RFP/RFQ.

2. A reasonable length of time between solicitations and closing dates must be allowed to provide potential respondents time for preparation in accordance with the complexity, the size of the project, and the scope of the advertising.

3. City staff may conduct conferences to explain the requirements of the project. A sufficient amount of time should be allowed after the RFP/RFQ has been issued to allow potential respondents to become familiar with the project. Any clarification or changes required to the RFP/RFQ, as a result of the conference, shall be added as a written amendment. A summary of the conference shall be provided to all prospective respondents receiving the request.

4. Amendments should be used to make any changes in quantities descriptions, schedules, or to correct defects or ambiguities in the original RFP/RFQ. Amendments are provided to ensure that all potential respondents are furnished with the same information with which to prepare proposals.

Amendments to the RFP/RFQ shall be identified as such and shall require acknowledgment as such by firms receiving the RFP/RFQ within a reasonable time period before the closing date. If the time and date established for the receipt of proposals does not allow sufficient time for consideration and changes, the time and date will be modified by amendment. 525

Proposal Opening:

1. Proposal shall be submitted electronically through the BidsOnline System, to the issuing Department or to the City Clerk’s office and shall be clearly identified with the Proposal number on the envelope.

2. Any proposal received after the time specified in the RFP/RFQ shall be returned unopened.

3. Respondents may modify or withdraw their proposals prior to the established closing date and time, without penalty. However, any modifications submitted after the established closing date and time will not be accepted. Such modifications will be returned to the respondent, unopened.

4. Proposals and modifications shall be shown only to the evaluation committee personnel, the City Clerk or his/her designee, the Department Head and the Finance Department until a recommendation is made to Council or all proposals have been rejected.

Rejection of Proposals: The City reserves the right to reject any and all proposals, to accept or reject any one or more items of a proposal, or to waive any irregularities or informalities in the proposal or the RFP/RFQ process if to do so is deemed to best serve the interests of the City.

Evaluation Factors and Method:

1. Because unique services are requested, cost is not considered the primary selection criteria.  General quality and responsiveness of the proposal, including but not limited to:
o Responsiveness to the terms, conditions, and items of performance; o Completeness and thoroughness of the proposal;
o Grasp of the problem, work to be performed, and approach to be used.  Organization and personnel making the proposal:
o Evidence of good organizational and management practices. o Qualification of the personnel.
o Specialized experience of the firm and its personnel relative to the required services. o References who can be contacted to verify past record of performance, i.e., completion of a quality product, in a timely manner, and within budget constraints. o The financial condition of the firm.
o Capacity of the firm to perform the subject project within a required time frame  If appropriate, the price, in any of the following formats, may be considered. o Total price and price breakdown.
o Price range.
o Cost schedule.

2. A Selection Committee shall be formed to evaluate the submitted data and determine the consultants that should receive further consideration. The Committee shall be appointed by the issuing department and may consist of more than one department. For example one or more people from the issuing department, one person from Finance, one person from the City Attorney’s office, an expert in the field or one or more employees from another department.

3. The Selection Committee may choose to interview all of the responding consultants, only the top few ranking consultants or to not perform interviews.

4. After the interviews (if applicable), the Selection Committee shall rank the consultants based on their proposals, interviews, and references.

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On-Call (Ongoing) Professional Services

1. In some instances it is in the best interest of the City to have on-call contracts with multiple consultants for the same or very similar services (i.e. services that can be defined as to scope of work but not as to required events such as soils testing, contract building inspection services, architectural services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual on-call processional service contracts.

2. The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts. However, multiple firms may be awarded an on-call contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.

3. As events occur and need arises, work may be assigned to the consultants on the eligibility list.

The Department Head shall make a reasonable attempt to rotate work between consultants subject to availability and special needs or by soliciting proposals from the consultants on the eligibility list.

Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.

Awarding the Contract:

The Department Head/Division Head shall prepare an agenda report to City Council recommending the most responsive consultant. The Council shall then award the contract in a public meeting. All contracts exceeding $10,000 must be awarded by the City Council. Otherwise:

1. Such purchases are void and not considered an obligation of the City.

2. Invoices may be returned to the contractor/service provider unpaid.

3. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.

Contract and Purchase Order:

1. A contract shall be prepared detailing the consultant’s name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies.

2. The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.

3. Proof of insurance in accordance with the contract shall be obtained.

4. If the vendor is located in, or perform services within city limits or if vendor delivers products in company owned vehicles, a Business License is required. Visit the City’s website www.ci.richmond.ca.us/businesslicense if you want more information.

5. The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.

6. A purchase requisition shall be prepared in the MUNIS Financial System. 527

7. The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.

8. One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk’s Office.

Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.

Change Orders for Product: The Purchasing Division is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Change Orders for Services: The City Manager is authorized to issue change orders for changes or additions to the original purchase that result in less than $10,000 aggregate change in purchase price.

Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.

Section V- PURCHASES WITH FEDERAL GRANT FUNDS
The following section is being added to the Purchasing Policy to establish standards for the procurement of supplies, equipment, real property and other services as required by 2 CFR 200.317 through 200.326 to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards commonly called “Uniform Guidance”.
o When using federal grant funds, follow applicable state statutes and rules and local policies only to the extent that those statutes, rules, and policies do not conflict with the Uniform Administrative Requirements (UAR) outlined below. 2 CFR 200.318(a) o Contract performance and payments must be monitored during the course of the contract. 2 CFR 200.318(b).
o Written standards of conduct and Conflict of Interest:

No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a federal award if he or she [the employee, officer, or agent], any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ
 the employee, officer, or agent;
 an immediate family member of the employee, officer, or agent; or  the partner of the employee, officer, or agent
has a financial or other interest in or will receive a tangible personal benefit from a firm considered for the contract. Officers, employees, and agents must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 2 CFR 200.318(c)(1) 528

o Before starting a procurement process:
 Review all proposed procurements to avoid unnecessary/duplicative purchases of equipment, supplies, and services. Consider whether it will it save money/time to consolidate procurements; if so, consolidate. If relevant, consider whether a lease or a purchase is the most economical approach (and document how you came to your decision). 2 CFR 200.318(d).
 Look for state or local intergovernmental agreements (such as competitive bidding group purchasing programs, state term contracts, GSA contracts, or formal intergovernmental agreements—but get awarding agency approval before using one of those agreements. 2 CFR 200.318(e).

PURCHASING GUIDELINES
o Documentation
 Keep records showing:
 Basis for vendor selection
 Documentation of lack of competition when competitive bids or offers are not obtained  Why you chose a specific procurement method;
 The basis for your award (why did you select the contractor or vendor you selected?  Why did you reject the others?);
 The basis for the contract price; and
 Any other significant decisions that were a part of the procurement process o Award only to “responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement.” In determining which contractors are responsible, you must consider “matters such as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.” 2 CFR 200.318(h). (Note: This means that your solicitation documents must ask for information that will allow you to assess whether a contractor is “responsible.”) o Keep records to detail the history of each procurement. These records must include, at least, records showing your rationale for (1) the method of procurement, (2) the selection of contract type, (3) contractor selection or rejection, and (4) the basis for the contract price. 2 CFR 200.318(i)
o Prohibit awarding time and materials type contracts unless (1) you have determined that no other contract is suitable and (2) the contract includes a ceiling price that the contractor exceeds at its own risk. The UAR defines a time and materials type contract as “a contract whose cost to a non‐Federal entity is the sum of: (1) the actual cost of materials; and (2) direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.” 2 CFR 200.318(j). For the purposes of this policy, the term “non-Federal Entity” means the City of Richmond and/or the Housing Authority for the City of Richmond. o Restricting competition. The following actions on procurements funded with federal grants are prohibited:
 Allowing contractors that develop or draft specifications, requirements, statements of work, invitations for bids, or requests for proposals to compete for such procurements;  Placing unreasonable requirements on firms for them to qualify to do business (if you’re not sure if a requirement is unreasonable, ask the Federal awarding agency);  Requiring unnecessary experience or excessive bonding;  Permitting noncompetitive pricing practices between companies;  Awarding contracts to consultants on “retainer” contracts; 529

 Permitting organizational conflicts of interest
 Specifying a brand name product without permitting an equal product to be offered, and  without describing the performance requirements that must be met for a product to qualify  as an equal;
 Acting arbitrarily in awarding contracts. 2 CFR 200.319(a). o Prohibit awards based on local geographic preferences, except where applicable Federal statutes expressly mandate or encourage geographic preference. However, geographic location may be a selection criteria when awarding contracts for architectural or engineering services, provided that using such criteria “leaves an appropriate number of qualified firms” to compete for the work, “given the nature and size of the project.” 2 CFR 200.319(b). o All solicitations must identify (1) all requirements which the offerors must fulfill and (2) all other factors to be used in evaluating bids or proposals. 2 CFR 200.319(c) o If you use prequalified lists of entities or products when procuring goods or services, make sure those lists are “current and include enough qualified sources to ensure maximum open and free competition,” and do not preclude other potential entities or products from participating in the solicitation. 2 CFR 200.319(d).

METHODS OF PROCUREMENT TO BE FOLLOWED
o Procurement by sealed bids require formal advertising. Bids are publicly solicited (Post to the Bids-Online System) and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction.
 In order for sealed bidding to be feasible, the following conditions should be present:
 A complete, adequate, and realistic specification or purchase description is available;  Two or more responsible bidders are willing and able to compete effectively for the business; and
 The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.  If sealed bids are used, the following requirements apply:
 The invitation for bids must be publicly advertised, providing suppliers sufficient response time prior to the date set for opening the bids;  The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;  The bids must be opened publicly at the time and place prescribed in the invitation for bids;
 A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and  Any or all bids may be rejected if there is a sound documented reason. 2 CFR 200.320(c)
 Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or costreimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
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 Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
 Proposals must be solicited from an adequate number of qualified sources;  The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;  Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and  The non-Federal entity may use competitive proposal procedures for qualificationsbased procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. 2 CFR 200.320(d)  Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
 The item is available only from a single source;
 The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
 The Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or  After solicitation of a number of sources, competition is determined inadequate. 2 CFR 200.320(f)
o Take certain steps to assure that minority firms and women’s business enterprises are used when possible. These steps are:
 Place qualified small and minority businesses and women’s business enterprises on solicitation lists;
 Assure that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
 Divide total requirements into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;  Establish delivery schedules which encourage participation by small and minority businesses and women’s business enterprises;
 Use the services and assistance of the Small Business Administration (http://www.sba.gov) and the Minority Business Development Agency of the Department of Commerce (http://www.mbda.gov); and
 Require prime contractors to take the same steps listed above. 2 CFR 200.321 Contract Cost and Price
o Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold ($150,000), including contract modifications. Make the Independent Cost Estimates (ICE) before receiving bids or proposals. 2 CFR 200.323(a) o Negotiate profit as a separate element of the price (1) for each contract in which there is no price competition and (2) in all cases where cost analysis is performed. 2 CFR 200.323(b) o A prohibition on using “cost plus a percentage of cost” or “percentage of construction cost” methods of contracting. 2 CFR 200.323(d)
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FEDERAL AWARDING AGENCY REVIEW
o The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. 2 CFR 200.324(a)
o The non-Federal entity must make available upon request, for the Federal awarding agency preprocurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
 The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part;
 The procurement is expected to exceed the Simplified Acquisition Threshold ($150,000) and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
 The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a
 “brand name” product;
 The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or  A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. 2 CFR 200.324(b) o The non-Federal entity is exempt from the pre-procurement review in the above paragraph if the Federal awarding agency determines that its procurement systems comply with the standards of this part.
 The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis;  The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the nonFederal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 2 CFR 200.324(c ) Bonding Requirements
o For construction or facility improvement contracts or sub contracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency may accept the bonding policy and requirements of the local agency provided that the Federal awarding agency has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
 A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. 2 CFR 200.325(a) 532

 A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 2 CFR 200.325(b)  A payment bond on the part of the contractor for 100 percent of the contract price.

A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 2 CFR 200.325(c)

CONTRACTING PROVISIONS
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

A. Remedies: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

B. Termination: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

C. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
D. Davis-Bacon Act, as amended: (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations ( 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The nonFederal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the: Copeland “Anti-Kickback” Act: ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations ( 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

E. Contract Work Hours and Safety Standards Act: (40 U.S.C. 3701- 3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as 533

supplemented by Department of Labor regulations ( 29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

F. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

G. Clean Air Act: ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or the Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

H. Debarment and Suspension: (Executive Orders 12549 and 12689) – Verify that a vendor is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal Assistance programs or activities. Confirm and document that vendors are not on the federal government’s Excluded Party list found at www.sam.gov.

I. Byrd Anti-Lobbying Amendment: ( 31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not use, and has not used, Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.

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ATTACHMENT A. - City of Richmond - RFP/RFQ Evaluation Committee Guidelines (Sample Documents)
The Evaluation Committee (EC) has the authority to review and evaluate proposals received by the City in response to a specific Request for Proposals (RFP) or Request for Qualifications (RFQ) for the purpose of identifying the most competitive or best qualified proposal(s) from responsive and responsible offerors.

General guidelines:

Identifying Evaluation Committee Members. The members of the EC should be identified prior to the solicitation issuance. Members of the EC should have professional interest and expertise to evaluate proposals and make recommendations that could lead to the selection of one or more offeror(s) who will provide products/services to the City in an acceptable manner pursuant to the RFP/RFQ.

EC Member Participation Form. The Project Manager (PM) will send an Evaluation Committee Member Participation Form to the individual EC members and each member shall return an executed copy to the PM.

Preparing the Evaluation Rating Matrix (Attachment C). The EC will identify mandatory, non-mandatory requirements, in addition to establishing evaluation criteria and assigned weight. The evaluation criteria and assigned weight shall be consistent with the criteria defined in the RFP/RFQ.

Initial Review of Proposals. The PM will review received Proposals for compliance with the submittal criteria and content requirements. The EC will review Proposals that are deemed “responsive and responsible”. A responsive RFP/RFQ is one that meets all the terms, conditions and specification of the RFP/RFQ. A responsible RFP/RFQ is one where the proposer has the overall capability to satisfactorily perform the contract. “Non-Responsible” Proposals will not be evaluated and shall be rejected from any further consideration by the City.

Submitting Proposals to the EC. The EC members who have executed the Evaluation Committee Member Participation Form will be provided with all “responsive and responsible” Proposals and evaluation forms.

Independent and Individual Review. The EC shall review the received Proposals and independently score each Proposal. Scores shall be in accordance with the Evaluation Rating Matrix and shall represent each evaluator’s best objective judgment.

Convening EC Committee Meetings. The EC meeting(s) shall be convened by the PM on the date and time designated. Each member will bring his/her completed technical evaluation form. The EC members will discuss the individual scores and, as a result of the discussion, each member may adjust the member’s individual scoring up or down as appropriate. The PM shall average the individual scores to determine the Offeror’s score for that particular question/requirement.

Analyzing Cost Proposals. When applicable, the City may utilize lowest cost, lowest total cost, Total Cost of Ownership (TCO) or greatest savings to determine best offeror; provided, however, the City must abide by any statements within the RFP regarding cost evaluation.

Overall Scores Preceding Negotiations. The EC will identify which offeror(s) submitted the best ranked, responsive and responsible proposal(s) according to the evaluation and scoring by the EC. The Cost and Evaluation Rating Matrix summary or such other appropriate document should be used to determine the award recommendation and the offeror(s) that will participate in negotiations, if applicable.

Convening a Negotiation Team. If the EC elects to initiate negotiations, as approved by the PM, in order to ensure that the City is receiving the best value and/or the most cost-efficient goods and/or services, then a Negotiation Team (NT) will convene. The NT may include any or all members of the EC or other individuals as appropriate; provided, however, only the EC may rescore proposal revisions following negotiations. The NT will develop the Negotiation Plan and Negotiation Script.

Capturing Negotiation Results & Award Recommendation. If the City elects to negotiate with identified offerors, the offerors will each be asked to submit a Proposal Revision following each round of negotiations, which Proposal Revision will then augment the original RFP submission. Each Proposal Revision will be evaluated and re-scored by 535

the EC utilizing the same evaluation criteria. Upon completion of negotiations, the PM will prepare the Evaluation and Selection Report and obtain EC’s signatures approving the award recommendation.

Final Contract Award. Based on the recommendations contained in the Evaluation and Selection Report, the PM will prepare an Agenda Report to present to Council. Upon Council approval, the PM will process the contract to be executed by the offeror and the City.

Maintaining Agency Records. All evaluation/negotiation documents/forms completed by each evaluator and by the EC and NT will be collected by the PM and become part of the official records and subject to the Public Records Act. 536

ATTACHMENT B. - EVALUATION COMMITTEE MEMBERS PARTICIPATION FORM (Solicitation Title)

REQUEST FOR PROPOSAL
(Sample Documents)
You have been asked to participate in the evaluation of offers that have been received as the result of the competitive solicitation referenced above.

It is essential that the integrity of the evaluation process is maintained to ensure that each bidder or offeror is given fair and equal consideration. Your knowledge of and/or past or current association with particular firms and/or individuals must not influence your evaluation. The written responses to the solicitation and any subsequent respective clarifications and/or negotiations must stand alone, and you are required to be particularly objective and guard against any tendency to favor a particular firm or individual.

You are required to report to the Project Manager any actual or potential conflict of interest.

An additional consideration is the need to maintain confidentiality during the evaluation regarding the contents of the offerors’ or bidders’ responses, as well as the proceedings of the evaluation committee. Any inquiries regarding the evaluation of this particular solicitation must be directed to the Project Manager.

You are asked to read and sign the following statement:

I have read, understand, and agree to the above, and I will adhere to the policies presented. I do not know of any conflict of interest on my part, nor have I accepted any gratuities or favors from potential offerors or bidders, which would compromise my objectivity. I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my best to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each offeror’s or bidder’s response.

Committee Member Signature Date
Print Name and Title of Committee Member Date
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ATTACHMENT C. - City of Richmond RFP SCORE SHEET
Solicitation Title
(Sample Documents)
Vendor Evaluator Name
Evaluation Criteria
Weight
%
Assigned
Score 1-
10 Total
Points Comments

1. Qualifications of Firm

1.1 Technical experience in performing work of a
closely similar nature

1.2 Experience working with public agencies

1.3 Strength and stability of the firm

1.4 Strength, stability, experience and technical competence of subcontractors

1.5 Assessment by client references

1.6 Knowledge of applicable laws and regulations.
%

2. Staffing and Project Organization

2.1 Qualifications of project staff

2.1.1 Key personnel

2.1.2 Project Manager

2.2 Key personnel’s level of involvement in performing
related work cited in “Qualifications of the Firm” section

2.3 Logic of project organization

2.4 Adequacy of labor commitment;

2.5 Concurrence in the restrictions on changes in key personnel

2.6 Ability to deal with City staff
%

3. Work Plan
Depth of Offeror’s understanding of City’s requirements and overall quality of work plan
Logic, clarity and specificity of work plan
Appropriateness of labor distribution among the tasks
Ability to meet the project deadline
Reasonableness of proposed schedule;
Utility of suggested technical or procedural innovations. %

4. Cost and Price
ASSIGN POINTS FOR COST %
TOTAL POINTS =
LOW

PRICE/PROPOSAL

PRICE X WEIGHT

5. Interviews/Presentation – (Optional)

5.1 Quality and clarity of presentation

5.2 Ability of presenter to answer questions

5.3 Demonstrations (if required)

5.4 Demonstrated understanding of the project
%

TOTAL WEIGHT MUST EQUAL: 100%

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Scoring Mechanisms
For the evaluation criteria, the following scoring mechanism will be used. The points awarded for each criterion are determined by multiplying the weight by the assigned score.

Exceptional (Assigned Scores - 9 to 10) –
The approach will yield a result that exceeds the Objectives qualitatively.

The proposal offers an approach or features with little or no risk.

The response covers areas not originally addressed within the RFP category and includes additional information and recommendations that would prove both valuable and beneficial to the City of Richmond.

This response is considered an excellent approach demonstrating the Supplier’s authoritative knowledge and understanding of the project.

Exceeds Objectives (Assigned Scores - 7 to 8) –
A very good response that shows experience and knowledge within the category. The Supplier provides insight into their expertise, knowledge and understanding of the subject matter.

The collective approach yields a qualitative benefit to the project that is beyond the minimum objectives.

The approach being proposed or the majority of the features are acceptable or above the objectives set out in the RFP.

The Supplier can easily implement additional features or options. A minimal number of resources will be required from the City of Richmond.

Meets Objectives (Assigned Scores - 5 to 6) –
The approach or the majority of the features proposed meet the objectives.

No apparent deficiencies noted. Some items could be improved upon but are still considered acceptable.

To enhance them may require rework and resources from the Supplier and/or the City.

The ranking should reflect some qualitative achievement(s) such as acceptable delivery timeframe, enduser training program, etc.

Fails to Meet Objectives (Assigned Scores - below 5)-
The proposed approach or a majority of the features for the item are deficient. The approach taken is undesirable and correction would require a major and material change in the proposal.

The correction of any deficiencies either collectively or individually, poses a serious problem in correction or has a "domino" effect on the other design features.
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OPERATIONS BULLETIN

WORKFORCE INNOVATION

AND OPPORTUNITY ACT
Policy Number ETP 04-0612
CORWDB Approval Date: 6-14-2012
Revised: 10-2014; 12-2018; 6-2020
PII Policy, Procedures & Protocols
Pg. 1 0f 8
Personally Identifiable Information
Secure Data Transfer Policy
This policy is developed and maintained in accordance with the following resource documents:
 California SB168, Title 1.81.1 – Confidentiality of Social Security Numbers,  California AB763 – Privacy: Social Security Numbers,
 EDD, Directive WSD 17-01
 Department of Labor (DOL), 29 CFR Part 38, Section 38.41(b)(3)  Department of Labor (DOL), Training and Employment Guidance Letter (TEGL) No. 39-11,  DOL, Training and Employment Guidance Letter (TEGL) 05-08  Workforce Innovation and Opportunity Act of 2014 (WIOA)  Department of Justice (DOJ), Privacy Act of 1974,
 Federal Information Security Management Act (FISMA)
 Information Practices Act of 1977 (Title 1.8 [commencing with Section 1798] of Part 4 of Division 3 of the Civil Code),
 Sections 11015.5 and 11019.9 of the Government Code, and  Sections 1094 and 1095 of the California Unemployment Insurance Code.

POLICY
The City of Richmond, Employment and Training Program (CRETP), Workforce Development Board secures all client personal information against loss, damage, modification, unauthorized access, or disclosure as required by federal and California Law, and the State Workforce Development Administrative Manual policy. Information voluntarily provided by the client will be protected by the appropriate computer, network, and Internet technical security controls at the employee and departmental level to prevent unauthorized access. Some of these security controls are: password and user identification verification, data encryption, confidential transmissions, secure storage areas, and audit trails. All confidential client information is primarily stored on the EDD CalJOBS secure server; which is the preferable storage method for all workforce development client data. If it is necessary to scan or temporarily store client electronic data, this is done through the City of Richmond, secured by permission, file server. Internet cloud data storage is not used for client data storage.

The CRETP does not store or use personal information submitted by the client any longer than necessary. If no longer required and in order to prevent unauthorized access or use of the data, the client’s personally identifiable information is destroyed via purging, magnetic degaussing/erasing, shredding and/or other means of authorized confidential destruction. Regularly scheduled archiving, purging, and proper disposal of records and information is a standard practice throughout the City of Richmond local government agency.

The CRETP employees will only use personal information submitted by the participant as it relates to eligibility for providing program services. CRETP employees are educated regarding the requirements of working with confidential and personally identifiable information as well as the consequences of misuse. CRETP employees will attend mandatory yearly reviews of all acts, policies, and codes relating to protecting Personal Identifiable Information. CRETP will not sell or distribute personal information to any non-governmental entity without the client’s consent or as authorized by law or regulation.

EXHIBIT 6D
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All CRETP data transmissions of PII will require prior approval by administrative staff and will be severely scrutinized and approved on a case-by case basis. CRETP Director and Fiscal Manager will be responsible for ensuring that no PII data be transmitted without prior encryption in accordance with FIPS 140-2.

As a public agency, the CRETP understands the importance of maintaining the client’s privacy and will make every attempt to maintain their confidence and trust regarding the collection and use of personal information.

In accordance with the Department of Labor Personal Identifiable Information (PII) policy, the City of Richmond Workforce Development Board will ensure that their employees are aware of their responsibilities regarding the protection of client’s PII. In addition to the forgoing, if employees become aware of a theft or loss of PII, they are required to immediately inform their Program Manager who will contact their EDD Regional Advisor. In the event their Regional Advisor is not available, they are to immediately report the theft or loss to the DOL Computer Security Incident Response Capability (CSIRC) team at [email protected].

STAFF COMPLIANCE
All CRETP employees with access to participant PII and/or confidential information must sign an acknowledgement that they have read the policy, understand the confidential nature of participant data and the potential sanctions for improper disclosure, and agree to abide by all other requirements and terms contained therein.

Unauthorized disclosure of confidential or privileged information is a serious violation of this policy.

Any failure to comply with confidentiality requirements identified in this policy may result in termination or suspension of contract or employment, or the imposition of special conditions or restrictions to protect the privacy of participants or the integrity of PII data. Misuse or noncompliance with PII data safeguards could lead to civil and criminal sanctions per federal and state laws.

All CRETP staff and representatives are expected to return materials containing privileged or confidential information at the time of separation from employment or expiration of service.

DISCLAIMER
This policy is based on the City of Richmond, Workforce Development Board’s interpretation of the statute, along with the Workforce Innovation and Opportunity Act; Final Rule released by the U.S.

Department of Labor, and federal and state policies relating to WIOA implementation. This policy will be reviewed and updated periodically based on any additional federal or state guidance. 541

PII PROTECTION PROCEDURES
Whether written or oral and regardless of format, staff must maintain confidentiality of the following:
 Information that was created or received by a healthcare provider, health plan, employer or healthcare clearinghouse. This includes any case notes, chart entries, or treatment notes that relate to heath information.
 Information that is related to an individuals' physical or mental health or medical condition in the past, present or future; healthcare provided or to be provided to an individual; or payment for health care provided to an individual in the past, present or future.  Information that identifies an individual, employee or participant.

The misuse or unauthorized release of personal and confidential information or records by any WIOA service provider staff may be subject to a civil penalty and other applicable sanctions under state and federal law.

Every individual receiving WIOA or other services must be informed of their right to not share their personal and confidential information and that this request does not affect their eligibility for WIOA services.

Medical and Disability Information:

Personal and confidential information that contains health information related to a physical or mental disability, medical diagnosis or perception of a disability related to the individual must be kept in a separate locked file and apart from working files.
 Any medical information contained in case notes must be redacted from the participant file; the original notes must be placed in the participant's medical file.  To minimize the need for staff to access a medical file, only the portion of the participant's information that reveals the presence of a disability should be included in the medical file.

Access to the medical files:
 Must be limited and should only be accessed with the approval of program management and when such access is necessary to facilitate a WIOA participant's access to services or to support an ongoing service plan; or
 First aid and safety personnel may be provided participant medical information in the event of an emergency; or
 Local, state or federal monitors in compliance with 29 CFR Part 32.44(c) and 29 CFR Part 38.60 may have access to medical files for monitoring purposes.

When all services, including follow-up services, are complete and the participant file is ready to be archived, participant medical and disability-related information that had been previously filed away from the active file must remain filed separately. The case management archived folder must be marked adequately to alert staff that there is a file containing medical and disability information stored in a separate secure location.
 Archived retention case management folders containing medical and/or disability information must be clearly marked with the identifying blue dot, signifying that there is a secured MIS folder containing this confidential information. Staff and representatives should retain participant PII only for the period required for assessment or performance purposes. Thereafter, all data must be destroyed by a qualified company to minimize risk of breach. 542

 Staff should be discreet when verbally communicating personal and confidential information and ensure the receiver(s) are authorized to receive the information.  Staff must not leave personal and confidential information lying out in the open and unattended (e.g., copies or print jobs left unattended on the copy machine or printers). Personal and confidential information must be stored in a secure location when not in use or shredded if no longer necessary. Personal and confidential information should not be tossed in the regular trash or recycle bins.

Transmission Of Confidential Information:

Staff and representatives should avoid communicating sensitive information or PII about an applicant or participant to partner agencies or other staff via email. If it is necessary, staff and representatives must ensure that the intended recipient is the only individual that has access to the information and that the recipient understands they must also protect the information. Staff and representatives must only communicate sensitive information or PII through WDB emails and not through third party or personal email addresses.

PII and other sensitive data transmitted via email or stored on mobile data storage (such as thumb drives) must be encrypted. Staff and representatives must not e-mail unencrypted sensitive PII to any entity, including the Department of Labor, WDB staff, or contractors. Staff and representatives should discourage participants from emailing personal and confidential information to their case managers.

Any information posted to social media sites is considered public record and is subject to public disclosure. No sensitive information or PII should be posted to social media sites.

Care shall also be taken to ensure that unauthorized individuals do not overhear any discussion of confidential information.

543

OPERATIONS BULLETIN

WORKFORCE INNOVATION

AND OPPORTUNITY ACT
Policy Number ETP 04-0612
CORWDB Approval Date: 6-14-2012
Revised: 10-2014; 12-2018
PII Policy, Procedures & Protocols
Pg. 5 0f 8

SENSITIVE PII PROTOCOLS
PII That Is Always Sensitive:

The following personal identifiers, when maintained by City of Richmond (COR) Employment & Training Dept., are Sensitive PII even if they are not coupled with additional PII or contextual information:
 Complete (9-digit) SSN – EDD continues to review and reduce its use of SSN because they are especially sensitive identifiers that can increase individuals’ risk of identity theft if compromised. COR grant programs and offices will minimize access to, use of, and or display of SSNs wherever possible. Whenever possible, staff and representatives will use unique identifiers for participant tracking instead of social security numbers. While social security numbers may be needed for initial eligibility or performance purposes, a unique identifier should be linked to each individual record and used thereafter. This includes such records as training or contract documents. If social security numbers are to be used for specific tracking purposes, they must be stored or used in such a way that it is not attributable to the individual. For example, a training document should not include the participant name and social security number, rather the participant name and a truncated social security number or CalJOBS User ID Number.  biometric identifiers (e.g., fingerprint, iris scan, voice print) Social Security numbers may not be listed on anything mailed to a client or to another agency unless required by law, or the document is a form or application. Social Security numbers may not be left on a voice mail message.

The following information is Sensitive PII when grouped with the person’s name or other unique identifier, such as address or phone number:
 citizenship or immigration status
 medical information
 driver’s license number
 passport number
 full date of birth
 authentication information such as mother’s maiden name or passwords  portions of SSNs such as last four digits
 financial information such as account numbers
How Must You Safeguard Sensitive PII?
You should exercise due care when handling all PII and all information you encounter in the course of your work for COR. Sensitive PII, however, requires special handling because of the increased risk of harm to an individual if it is compromised. The following handling guidelines apply to everyone working for or on behalf of COR and explain how you must handle Sensitive PII at COR.

Collect Sensitive PII Only as Authorized
Be sure that when you collect Sensitive PII, you have the legal authority to do so and if necessary have a Privacy Act system of records notice (SORN) in place that describes the information:
 If you are electronically collecting or maintaining Sensitive PII, be sure your database or information technology system has an approved Privacy Impact Assessment (PIA) and is in 544

compliance with the Federal Information System Management Act (FISMA). This refers to our current CalJOBS client data tracking system and the City of Richmond Information Technology, secured by permission, file server.

When collecting Sensitive PII from members of the public or WIOA clients, do not create unapproved paper or electronic forms or processes to collect Sensitive PII:
 Collecting personal data from members of the public may trigger separate requirements under Paperwork Reduction Act (PRA).

Limit Use of Sensitive PII
Only access Sensitive PII when you need to know that information, that is, when your need for the information relates to your official duties:
 If you work for COR as a contractor, you must have a nondisclosure agreement (NDA) on file with COR prior to handling Sensitive PII.
 Does not access or share Sensitive PII for entertainment or any other purpose unless it is related to your mission need to know.
 Remember that you must secure Sensitive PII in a locked drawer, cabinet, cupboard, safe, or other secure container when you are not using it. Never leave Sensitive PII unattended and unsecured.

Only use Sensitive PII for official purposes:
 Use must be compatible with notices, such as Privacy Act System of Records Notice (SORN), Privacy Impact Assessment (PIA), and Privacy Act Statements provided to the individuals from whom the information was collected. If you are unsure about whether a specific use is appropriate, you should confirm with your supervisor or Component Privacy Officer.
 Do not browse files containing Sensitive PII out of curiosity or for personal reasons.

Share Sensitive PII only as authorized:
 You are authorized to share Sensitive PII with another COR employee or contractor if the recipient’s need for the information is related to his or her official duties.  You are authorized to share Sensitive PII outside of COR if there is a published routine use in the applicable policy.
 Refer requests for Sensitive PII from members of the public, the media, or other outside entities to your Component FOIA or Disclosure Officer.

Minimize Proliferation of Sensitive PII
Do not create unnecessary or duplicative collections of Sensitive PII, such as duplicate, ancillary, “shadow,” or “under the radar” files. Minimizing proliferation of Sensitive PII helps to keep it more secure and reduces the risk of a data breach:
 If you need to create duplicate copies of Sensitive PII to perform a particular task or project, delete or destroy them when they are no longer needed.
 Unauthorized replication may constitute an unauthorized or illegal Privacy Act system of records. The Regulatory Compliance Officer or the MIS Administrator should be consulted to provide guidance specific to the situation.

When you need to print, copy, or extract Sensitive PII from a larger dataset, target your actions to obtain data on only the specific individuals and the specific data elements you need to perform the task at hand.

Follow retention and disposal policies:
 The retention of Sensitive PII extracted from a system is not to extend beyond the records retention schedule or as identified in the applicable PII and Retention Policy.  Use appropriate destruction techniques to dispose of Sensitive PII. Shred (do not recycle) papers containing Sensitive PII.
545

 Computer drives and other electronic storage devices must be wiped of Sensitive PII before they are re-issued for use.
 Until you dispose of Sensitive PII, keep it secured in a locked drawer, cabinet, cupboard, safe, or other secure container when you are not using it. Never leave Sensitive PII unattended and unsecured.

Secure Sensitive PII
When you handle, process, transmit, and/or store Sensitive PII, you should limit the potential for unauthorized disclosure. To do this, protect against “shoulder surfing,” eavesdropping, or overhearing by anyone without a need to know the Sensitive PII.

Sensitive PII may be saved, stored, or hosted on the preferred EDD CalJOBS secure server. In some instances of data collection and electronic transfer, client data may be stored temporarily on the COR, secured by permission, file server equipment (including contractor-owned equipment or system that is approved to be used as an EDD or COR system.)
 Note that these rules also apply to individuals on an approved e-mail list.

Do not take Sensitive PII home or to any non-CRETP approved worksite, in either paper or electronic format, unless appropriately secured. Sensitive PII in electronic form must be encrypted. Paper documents must be under the control of the CRETP staff or locked in a secure container when not in use. Personally owned computers may not be used to save, store, or host Sensitive PII.

Physically secure sensitive PII (e.g., in a locked drawer, cabinet, or desk; in a safe; or in another locked container) when not in use or not otherwise under the control of a person with a need to know. Sensitive PII may be stored in a space where access control measures are employed to prevent unauthorized access by members of the public or other persons without a need to know (e.g., a locked room or floor, or other space where access is controlled by a guard, cipher lock, or card reader), but the use of such measures is not a substitute for physically securing sensitive PII in a locked container when not in use.

When you are e-mailing Sensitive PII outside of CRETP, you must send the Sensitive PII within an encrypted attachment with the password provided separately (e.g., by phone or in person). As a last resort, the password can be sent in a separate email, but never in the same email containing the attachment.

Do not leave Sensitive PII unattended on a desk, network printer, fax machine, or copier. Do not send Sensitive PII to a fax machine without contacting the recipient to arrange for its receipt.

Store Sensitive PII in shared access computer drives (“shared drives”) only if access is restricted to those with a need to know by permissions settings or passwords.

Staff must physically secure Sensitive PII when in transit. Do not mail or courier Sensitive PII on CDs, DVDs, hard drives, flash drives, USB drives, or other removable media unless the data is encrypted. Do not return failed hard drives to vendor for warranty if the device was ever used to store Sensitive PII, but sanitize or destroy the media. For example, do not pack laptops or electronic storage devices in checked baggage. Do not leave them in a car overnight or in plain sight in a parking lot.

If someone sends you Sensitive PII in an unprotected manner, you still must secure it once you receive it. If you receive a request to accept Sensitive PII in an encrypted format, you must be able to accept the Sensitive PII in that format so that the sender may comply with his or her requirements to encrypt Sensitive PII information.

546

What must you do if you suspect an incident?
COR defines a privacy incident as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons, other than authorized users and for an unauthorized purpose, have access or potential access to PII in usable form, whether physical or electronic. The term encompasses both suspected and confirmed incidents, whether intentional or inadvertent, involving PII which raise a reasonable risk of harm.

If at any point you suspect or know that Sensitive PII has been handled in a way that violates this policy, or otherwise suspect or know of a privacy incident at CRETP, regardless of the reason or severity of the incident, you must:

Report a privacy incident to your supervisor as soon as it is suspected or confirmed:
 If your supervisor is unavailable or if there is a potential conflict of interest, report the incident to your Program Manager or the Fiscal Manager.  Those officials must report the incident to the EDD Regional Advisor or DOL Computer Security Incident Response Capability (CSIRC) team at [email protected].  Document or maintain records of information and actions relevant to the incident, as it may be required in the privacy incident handling report.
 Any alleged violations that may constitute criminal misconduct, identity theft or other serious misconduct, or reflect systematic violations within the Department will be reported to the DOL Office of the Inspector General (OIG) as part of the privacy incident reporting process.

Do not further compromise the information:

Beware of these common mistakes so that your response to a privacy incident does not constitute another incident:
 Do not forward compromised information (e.g., SSN, full name, birth date, etc.) when reporting an incident.
 If and when the compromised Sensitive PII is needed by your supervisor in order to respond to an incident, you will be given instructions on whether the compromised information needs to be forwarded to someone at COR.
 If you see Sensitive PII in an email that you suspect constitutes a privacy incident, remember that the information is duplicated and further compromised if you forward it, reply, or “reply to all.”
 Before you reply or forward an email, make sure that you remove any Sensitive PII that should not be disclosed from the email chain below.
 Be careful when “hiding” columns in spreadsheets that contain Sensitive PII. When emailed to a recipient who is not aware that a spreadsheet contains hidden columns, that person may inadvertently forward that spreadsheet to someone who does not need to know that information.
547
March 11, 2025
Subject: Request for Approval to Serve as America’s Job Center of California (AJCC) Adult/Dislocated Worker Career Services Provider
Dear
As the Chief Local Elected Official for the City of Richmond and the Local Workforce Development Area, I respectfully submit this formal request for approval on the following matter:
• Approval to serve as the America’s Job Center of California (AJCC) Adult and Dislocated Worker Career Services Provider.

This request seeks concurrence with the selection of RichmondWORKS as the designated provider for Adult and Dislocated Worker Career Services. This decision is rooted in our commitment to delivering comprehensive and impactful workforce development services that address the needs of our community.

RichmondWORKS has consistently demonstrated exceptional performance and commitment to excellence in service delivery. Key highlights supporting this request include:

1. Proven Track Record: RichmondWORKS has consistently met and exceeded the Workforce Innovation and Opportunity Act (WIOA) performance standards, illustrating its capability to achieve workforce development goals effectively.

2. High-Quality Services: RichmondWORKS offers a robust array of career services tailored to assist adults and dislocated workers in achieving family-sustaining employment. These services include personalized career counseling, training opportunities, and job placement assistance.

3. Community Impact: RichmondWORKS plays a critical role in addressing the workforce needs of our residents by providing innovative solutions that empower individuals and strengthen the local economy.

We are confident that RichmondWORKS is uniquely positioned to continue delivering superior outcomes and fostering economic growth within our region.

We appreciate your consideration of this request and look forward to the Governor's approval. For questions or more information, please contact Tamara Walker, Deputy Director of Community Services, Employment and Training Department, at (510) 307-8023 or [email protected].
548
Thank you for your time and attention to this important matter.

Sincerely,
[Your Full Name]
[Your Title]
City of Richmond
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(April 1, 2025)
DocID #39306v1
Department
DATE: April 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager
Tamara Walker, Deputy Director of
Community Services, Employment and Training Division
Subject: Richmond Workforce Development Board Recertification Application
FINANCIAL IMPACT: There will be no fiscal impact on the City of Richmond General Funds.

PREVIOUS COUNCIL
ACTION:

May 23, 2023

STATEMENT OF THE
ISSUE:

The Employment and Training Division is seeking
approval to submit a Local Area Subsequent Designation
and Local Board Recertification Application for Program Year 2025-27 to the California Workforce Development
Board. Every two (2) years, local workforce development boards, Richmond Workforce Development Board, must
apply for subsequent designation and recertification to the California Workforce Development Board.

RECOMMENDED ACTION: APPROVE the submission of the California Workforce Development Board Local Area Subsequent Designation
and Local Board Recertification Application for the
Richmond Workforce Development Board for Program
Year 2025-27 – Community Services-Employment and
Training (Tamara Walker 510-307-8006).

AGENDA
REPORT
589

(April 1, 2025)
DocID #39306v1
DISCUSSION:

On November 3, 2023, the Richmond Workforce Development Board (RWDB) received its Local Area Subsequent Designation and Local Board Recertification Determination under the Workforce Innovation and Opportunity Act (WIOA) from the California Workforce Development Board (CWDB) (Attachment 1). The subsequent designation of local area and recertification expires June 30, 2025.

On January 16, 2025, the Local Area Subsequent Designation and Local Board Recertification Directive and Application for program year 2025-27 was released with a due date of April 7, 2025 (Attachment 2). Every two (2) years, local workforce development boards must apply for subsequent designation and recertification. Subsequent designation and recertification allow local workforce boards to continue administering WIOA funds through the American Job Centers of California and apply for state and federal workforce development funds.

The RWDB has met all eligibility requirements to apply for subsequent designation and recertify as a local workforce board for Program Year 25-27 (Attachment 3).

SYNERGISTIC POLICIES:
 Ensures compliance with state and federal workforce priorities  Expands services for underrepresented populations through partnerships and support services
 Strengthens career pathways, internships, and apprenticeship programs.  Engages employers to align training with high-demand sectors  Utilizes labor market insights to optimize workforce programs  Coordinates with education, economic development, and human services  Expands digital literacy and access to technology for job seekers DOCUMENTS ATTACHED:

Attachment 1 – Determination FY 23-25 Letter Directive
Attachment 2 – Directive
Attachment 3 – Local Area Subsequent Designation & Local Board Recertification Application FY 25-27
590
Angelo Farooq, Chair Gavin Newsom, Governor
800 Capitol Mall, Suite 1022, Sacramento, CA 95814  Phone: (916) 657-1440  www.cwdb.ca.gov November 3, 2023
Richmond Workforce Development Board
330 25th Street
Richmond, CA 94804
Attention: Tamara Walker
Subject: Approval of Local Area Subsequent Designation and Local Board Recertification PY 23-25 Dear Director Walker,
The California Workforce Development Board (CWDB) has received and carefully assessed your Local Area Subsequent Designation and Local Board Recertification PY 23-25 application, in accordance with the criteria established in Workforce Services Directive WSD22-14. We are pleased to inform you that you have received approval through June 30, 2025.

If you have any additional questions, please contact your Regional Advisor.

Sincerely,
Curtis Notsinneh, Acting Executive Director
California Workforce Development Board
Cc: Camille McCuistion, Regional Advisor
591

Directive
Date: January 16, 2025 Number: WSD24-10
Local Area Subsequent Designation and
Local Board Recertification for PY 25-27
Executive Summary
This policy provides guidance and establishes the procedures regarding the subsequent designation of Local Workforce Development Areas (Local Area) and recertification of Local Workforce Development Boards (Local Board) under the Workforce Innovation and Opportunity Act (WIOA). This policy applies to all current Local Areas interested in receiving subsequent designation and all current Local Boards interested in recertification under WIOA and is effective on the date of issuance.

This policy is developed by the California Workforce Development Board (CWDB) and contains some state-imposed requirements. All state-imposed requirements are indicated by bold, italic type.

This Directive finalizes Workforce Services Draft Directive Local Area Subsequent Designation and Local Board Recertification PY 25-27 (WSDD-264), issued for comment on October 11, 2024. The Workforce Development Community submitted two comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 2.

This policy supersedes the Workforce Services Directive Local Area Subsequent Designation and Local Board Recertification (WSD22-14), dated May 2, 2023. This Directive remains active until further notice.

References
• WIOA (Public Law 113-128) Sections 106, 107, 121, 134, 181 and 184 • Title 2 Code of Federal Regulations (CFR) Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), Sections 200.318, 200.339, 200.508
• Title 2 CFR Part 2900: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [Department of Labor (DOL) Exceptions] • Title 29 CFR Part 38: Implementation of the Nondiscrimination and Equal Opportunity Provisions of the WIOA
592

• Training and Employment Guidance Letter (TEGL) 19-16, WIOA Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2020; PY 2020 Allotments for the Wagner-Peyser Act Employment Service (ES) Program and the Allotments of Workforce Information Grants to States for PY 2020 (April 23, 2020) • TEGL 11-19, Change 1, Negotiations and Sanctions Guidance for the WIOA Core Programs (May 10, 2023)
• TEGL 10-09, Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in whole or in part by the DOL (November 10, 2009)
• California Unemployment Insurance Code (CUIC) Sections 14202 and 14211 • Workforce Services Directive WSD20-02, Calculating Local Area Performance and Nonperformance (September 18, 2020)
• WSD19-05, Monthly and Quarterly Financial Reporting Requirements (December 4, 2019)
• WSD16-05, WIOA Closeout Requirements (July 29, 2016)
• WSD14-10, Initial Local Area Designation and Local Board Certification Under WIOA (February 20, 2015)
Background
WIOA Sections 106 and 107 provide criteria for subsequent designation of Local Areas and recertification of Local Boards. Specifically, WIOA Section 106 requires the Governor to designate Local Areas within the state, and WIOA Section 107 requires the Governor to certify one Local Board for each Local Area.

According to WIOA Section 106, a Local Area must have performed successfully, sustained fiscal integrity, and engaged in the regional planning process to receive subsequent designation.

According to WIOA Section 107, a Local Board must have performed successfully, sustained fiscal integrity, and met membership requirements to receive recertification.

The applications for the Local Area subsequent designation and Local Board recertification have been combined into one application. Approved applications will be effective July 1, 2025 – June 30, 2027.

Policy and Procedures
Definitions
For the purposes of this Directive, the following definitions apply:

Engaged in Regional Planning – The Local Area has participated in and contributed to regional planning, regional plan implementation, and regional performance negotiations. 593

Membership – The Local Board is in compliance with the membership requirements outlined under WIOA Section 107(b).

Performed Successfully – The Local Area had an Individual Indicator Score of 50% or higher in Program Year (PY) 2022-23 or PY 23-24, as described in WSD20-02, Calculating Local Area Performance and Nonperformance).

Note – Please report your “performance score” rather than the “adjusted level of performance.”
Sustained Fiscal Integrity – The Local Area certifies it has not been found in violation of one or more of the following during PY 22-23 or PY 23-24:
• Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the DOL identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIOA requirement.
• Gross negligence – Defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
• Failure to observe accepted standards of administration – Local Areas must have adhered to the applicable uniform administrative requirements set forth in Uniform Guidance.

Application Process
The local Chief Elected Official (CEO) and the Local Board Chair must complete and sign the Local Area Subsequent Designation and Local Board Recertification Application for PY 25-27 for a Local Area to request subsequent designation or a Local Board to request recertification.

The completed application is due no later than 5 p.m. on Monday, April 7, 2025, to the CWDB at [email protected]. Please include “Local Area Subsequent Designation and Local Board Recertification Application” in the subject line.

Electronic signatures are permitted for the PY 25-27 application.

Note – It is understood that some Local Areas may be unable to obtain local CEO approval by the submission deadline due to scheduling conflicts. If necessary, the Local Area may submit an unsigned copy of the application with an explanation for the absent signature(s) and a date by which the signed application will be sent. Local Areas will not receive full subsequent designation status until a signed application is received. 594

Assessment of the Application
The CWDB, in coordination with the Employment Development Department, will verify the information provided in the application to ensure the required criteria are met. The CWDB will then determine whether to recommend an approval, conditional approval, or denial of the application. The local CEO will be notified in writing of the decision.

If a subsequent designation application is conditionally approved, the local CEO must submit a “Corrective Action Plan” specifying the following:
• How they will meet the required criteria.
• When they will provide the CWDB with a corrected application.

Appeal Process
A unit of local government (or a combination of units) that has requested and been denied subsequent designation as a Local Area under WIOA may appeal the denial to the CWDB, pursuant to WIOA Section 106. An entity that has been denied subsequent designation may appeal the decision and request a hearing.

An appeal and request for a hearing must be emailed to the CWDB within 15 calendar days from the email date of the notice of denial of subsequent designation.

The appeal must state, in writing, the following:
• Grounds for the appeal.
• Reasons why the appellant should be designated.

The CWDB will contact the appellant to schedule a hearing date within 15 calendar days of the receipt of the appeal. The CWDB will conduct the appeal hearing and provide a written decision to the appellant no later than 15 calendar days after the hearing.

Appeal of CWDB Decision
A unit or combination of units of local government whose appeal has not resulted in designation as a Local Area may also appeal the denial to the DOL (WIOA Section 106[b][5]).

Action
Bring this Directive to the attention of the local CEO, Local Board, and appropriate staff. 595

Inquiries
If you have any questions, contact your Regional Advisor. /s/ JAVIER ROMERO, Deputy Director
Workforce Services Branch
Attachments:

1. Local Area Subsequent Designation and Local Board Recertification Application for PY 25-27 (DOCX)

2. Summary of Comments (DOCX)
The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. 596

Local Area Subsequent Designation
and
Local Board Recertification Application
for
Program Year 2025-27
Local Workforce Development Area
City of Richmond
597

Application for Local Area Subsequent Designation and Local Board Recertification
This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2025-27 under the Workforce Innovation and Opportunity Act (WIOA).

If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted.

Contact your Regional Advisor for technical assistance or questions related to completing and submitting this application.

Completed applications must be submitted to the CWDB at [email protected] by 5 p.m. on Monday, April 7, 2025.

Richmond Workforce Development Board
Name of Local Area
330 25th Street________________________________
Mailing Address
Richmond, CA 94804__________________________
City, State, ZIP
________________________________________
Date of Submission
Tamara Walker_______________________________
Contact Person
(510) 307-8006________________________________________
Contact Person’s Phone Number
598

Local Board Membership
The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting Local Board members:

1. Provide the names of the individuals appointed for each membership category listed below.

2. Attach a roster for the current Local Board.

Category: Business – WIOA Section 107(b)(2)(A) requires that business members constitute a simple majority of the Local Board, and WIOA Section 107(b)(3) states that the chairperson shall also be a member under this category. Specifically, a majority of the Local Board’s business members shall constitute the following representatives under this membership category:
• Owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority. • Representatives of businesses, including small businesses or business organizations. • Individuals appointed by those who have been nominated by local business organizations and business trade associations.

List the Local Board’s business members and identify the chairperson by typing CHAIR after their name:

Local Board Business Members
Name Title Entity
Appointment
Date
Term End
Date
Carole Dorham-Kelly President & CEO Rubicon Programs Inc. 11/23/2021 9/22/2025 Gina Baker
Community
Affairs
Representative East Bay MUD 1/21/2025 9/22/2026
Hakim Johnson
Corporate Affairs
Representative Chevron 3/17/2020 3/1/2024
Sarah Wally Project Director Food Service Partners 2/20/2024 3/1/2028 Uche Justin Uwahemu President/CEO
Cal Bay Consulting Group,
LLC 6/16/2020 3/1/2024
Xavier Abrams, WDB
Chairperson
Branch
Manager/Vice
President Mechanics Bank 9/22/2021 9/22/2025
Category: Workforce – Not less than 20 percent of the Local Board members shall be representatives from the Local Area’s workforce (WIOA 107[b][2][B]) who:
• Shall include representatives of labor organizations (for a Local Area in which employees are represented by labor organizations) who have been nominated by local labor 599

federations or (for a Local Area in which no employees are represented by such organizations) other representatives of employees. California Unemployment Insurance Code (CUIC) Section 14202(b)(1) further requires and specifies that these representatives shall amount to not less than 15 percent of the Local Board membership and be subject to the following:
a. For a Local Area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board, but any Local Board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the area.
b. Shall include a representative, who shall be a member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such program exists in the area, such a representative of a state-approved apprenticeship program in the area, if such a program exists. • May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities. • May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.

List the Local Board’s workforce members:

Local Board Labor Members
Name Title Entity Appointment
Date
Term End
Date
Chuck Leonard Business
Representative
Plumbers &
Steamfitters Local 342
06/15/2021 03/01/2025
Geovanni Flores Apprentice
Coordinator
Northern California
Laborers Training
Center
03/17/2020 03/01/2024
Jason Lindsey Business Agent Ironworker’s Local 378 06/15/2021 03/01/2025 Category: Education – WIOA Section 107[b][2][C] requires that each Local Board include members who represent entities that administer education and training activities in the Local Area. Specifically, the Local Board shall have education representatives under this membership category from the following entities:
• Eligible Title II adult education and literacy providers • Institutions of higher education providing workforce investment activities 600

Members may be representatives from local educational agencies and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment.

List the Local Board’s education members:

Local Board Education Members
Name Title Entity Appointment
Date
Term End
Date
Evan Decker Education
Manger
Contra Costa
Community College
03/01/2024 02/20/2028
Gregory Brooks Principal West Contra Costa
Adult Education,
WCCUSD
01/21/2025 09/22/2026
Category: Economic and Community Development – WIOA Sections 107[b][2][D] and [E] require each Local Board to include governmental, economic, and community development representatives under this membership category from the following entities:
• Economic and community development organizations
• The state’s employment service office under the Wagner-Peyser Act • Programs carried out under Title I of the federal Rehabilitation Act A Local Board may have representatives from transportation, housing, and/or public assistance agencies; philanthropic organizations; and/or an individual or representatives of entities determined to be appropriate by the local Chief Elected Official (CEO).

List the Local Board’s economic and community development members:

Local Board Economic and Community Development Members
Performed Successfully
The Local Area hereby certifies that it has performed successfully, defined as having an Individual Indicator Score of 50 percent or higher in PY 22-23 or PY 23-24, as described in Name Title Entity Appointment
Date
Term End
Date
Della Randolph Operations
Manager, GEBD
Department of
Rehabilitation
03/07/2023 09/22/2027
Richard
Johnson
Employment
Program
Manger II
Employment
Development
Department
06/16/2020 03/01/2024
601

Workforce Services Directive WSD20-02, Calculating Local Area Performance and Nonperformance (September 18, 2020).

Note – Report your “performance score” rather than the “adjusted level of performance.” PY 22-23 Scores
Indicator Adults Dislocated
Workers
Youth
Employment Rate 2nd
Quarter After Exit 80.8% 93.9% 81.8%
Employment Rate 4th Quarter
After Exit 90.5% 78.0% 85.7%
Median Earnings
$9,478.00 $11,988.00 $8,072.00
Credential Attainment

75.0% 65.2% 40.0%
PY 23-24 Scores
Indicator Adults Dislocated
Workers
Youth Overall
Indicator
Score
Employment Rate 2nd
Quarter After Exit 77.63% 76.92% 89.29% 81.28%
Employment Rate 4th Quarter
After Exit 86.27% 85.71% 79.17% 83.71%
Median Earnings
$9,483.28 $14,854.45 $7,211.53 $10,516.42
Credential Attainment

65.22% 81.82% 60% 69.01%
Measurable Skills Gain

26.67% 28.57% 11.11% 22.11%
Overall Program Score

63.95% 68.25% 59.89% ---
602

Sustained Fiscal Integrity
The Local Area hereby certifies that it has not been found in violation of one or more of the following during PY 22-23 or PY 23-24:
• Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIOA requirement.
• Gross negligence – defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
• Failure to observe accepted standards of administration – Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federal Regulations (CFR) Part 200 (Uniform Guidance).

Certify No Violation: ☒
Engaged in Regional Planning
Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area hereby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways:

Richmond WDB staff regularly participate in conference calls and zoom meetings with the EastBay Works region consortium of Workforce Development Boards (Alameda County, Contra Costa County, Oakland) to strategize on the historical data set to base each of the local performance goals to be negotiated, thus ensuring consistency in methodology. This year each board representative from the EastBay Works region collaborated and agreed to use the weighted average from the prior 2 program years to derive each of the performance measure rates.

Local Area Assurances
Through PY 25-27, the Local Area assures:

A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements (WIOA Section 184[a][2] and [3]).

Highlights of this assurance include the following:
603

• The Local Area’s procurement procedures will avoid the acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Uniform Guidance Section 200.318)
• The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Uniform Guidance Section 200.508).

Note that failure to comply with the audit requirements specified in Uniform Guidance Subpart F will subject the Local Area to a potential cash hold (Uniform Guidance Section 200.339).

B. All financial reporting will be done in compliance with federal and state regulations and guidance.

Highlights of this assurance include the following:
• Reporting will be done in compliance with WSD 19-05, Monthly and Quarterly Financial Reporting Requirements (December 4, 2019).
• All close-out reports will comply with the policies and procedures listed in WSD16-05, WIOA Closeout Requirements (July 29, 2016).

Note that failure to comply with financial reporting requirements will subject the Local Area to a potential cash hold. (Uniform Guidance Section 200.339) C. Funds will be spent in accordance with federal and state laws, regulations, and guidance.

Highlights of this assurance include the following:
• The Local Area will meet the requirements of the CUIC Section 14211 to spend a minimum of 30 percent of the combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services. • The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]).

D. The Local Area will select America’s Job Center of CaliforniaSM operator(s) through a competitive procurement process, such as a Request for Proposals, unless designated or certified as an operator with the agreement of the local CEO and the Governor (WIOA Section 121[d][2][A] and 107[g][2]).

E. The Local Area will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBSSM reporting requirements and deadlines.

F. The Local Area will comply with the nondiscrimination provisions of WIOA Section 188 and Title 29 CFR Part 38, including the collection of necessary data. 604

G. The Local Area will engage in and contribute to regional planning and regional plan implementation (for example, the Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and two-year modifications).

H. The Local Area will participate in regional performance negotiations.

I. The Local Area will comply with CWDB policies and guidelines, legislative mandates, and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation.

J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16). 605

Application Signature Page
Instructions – The local CEO and Local Board Chair must sign and date this form. Electronic signatures are permitted for the PY 25-27 application.

By signing the application below, the local CEO and Local Board Chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application.

Local Board Chair Local CEO
Signature Signature
Xavier Abrams Eduardo Martinez
Name Name
Chair, Richmond Workforce Development
Board
Mayor, City of Richmond
Title Title
Date Date
606

April 1, 2025
Mayor's Office
DATE: April 1, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Tomasa Espinoza to the Richmond Rent Board
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

March 2, 2023

STATEMENT OF THE
ISSUE:

Tomasa Espinoza is reapplying to serve on the
Richmond Rent Board
RECOMMENDED ACTION: REAPPOINT Tomasa Espinoza to the Richmond Rent Board, term expires March 31, 2027 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

We recommend reappointing Tomasa Espinoza to the Richmond Rent Board. A renter and advocate for low-income families and immigrants, Tomasa has served on the Rent Board since 2023. With over 22 years as a Richmond resident, she understands the AGENDA
REPORT
607

April 1, 2025
challenges facing our community. Tomasa is active with organizations like Rising Juntos and FIERCE Advocates, working to protect tenant rights and affordable housing. Her reappointment will strengthen the voice of renters and low-income families in Richmond, advancing policies for equity and justice.

DOCUMENTS ATTACHED:

Attachment 1 – Tomasa Espinoza’s redacted application
608
609
610

April 1, 2025
Mayor's Office
DATE: April 1, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Elena Velazquez to the Richmond Youth Council
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

April 18, 2023

STATEMENT OF THE
ISSUE:

Elena Velazquez is reapplying to serve on the Richmond
Youth Council
RECOMMENDED ACTION: REAPPOINT Elena Velazquez to the Richmond Youth Council, term expires October 1, 2025 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

We are pleased to recommend the reappointment of Elena Velazquez to the Richmond Youth Council. Since joining in April 2023, Elena has demonstrated a strong commitment to youth leadership and community service. With over a decade of involvement in organizations like the Bay Area Girls Club, The Latina Center, and Urban Tilth, she brings a wealth of experience in organizing and empowering young people.

Her leadership roles, such as serving as the Engagement Coordinator for her high school student body and as 3rd Lead for Urban Tilth’s 2024 Summer Youth Apprenticeship, showcase her ability to inspire and mobilize peers. Additionally, Elena’s AGENDA
REPORT
611

April 1, 2025
participation in specialized programs like NorCal’s First Alarm Fire Camps and the Rosie Girls Summer Camp highlights her resilience, teamwork, and dedication to personal growth. Elena’s extensive experience in community outreach and youth development will continue to be a tremendous asset to the Richmond Youth Council as she helps advocate for and empower her peers.

DOCUMENTS ATTACHED:

Attachment 1 – Elena Velazquez’s redacted application
612
Date of Application: Check one: New AppointmentLJ I l/
February 16, 2025
Re-Appointment: ~
Applicant Name:

Elena Velazquez
E-mail address:

Date of Birth: Age at date of application:
16 Years living in Richmond:
16 Home Address (Street Address, City, and Zip Code):

CA, 94805
Primary Phone: Secondary Phone (optional):

Name of School (if applicable):

Work Experience/ Volunteer Experience: I
Bay Area Girls Club since 2013, The Latina Center participant of several programs since 2012, Participant at Boys and Girls Club 2022 Rosie Girls Summer Camp from Rosie the Riveter Trust, completed Urban Tilth' s 2022 and 2023 Summer Youth Apprenticeship, The 3rd Lead for Urban Tilth' s SYAP 2024, completed NorCals First Alarm Fire Camp for girls in 2022 at the Oakland Fire Training Center, completed NorCals First Alarm Fire Camp for Girls in 2023 in Dixon, the Engagement Coordinator for the Highschool Student body in 2022 Organizations, Honors, affiliations:

Bay Area Girls Club, The Latina Center, Sisters in Solidarity Womens Event, Urban Tiilth Bay Area Girls Club, The Latina Center, Sisters in Solidarity Womens Event, Urban Tiilth References (List Name, Address, Phone Number, and Email Address):
l}Miriam Wong, Richmond CA, 94805
2}Brenda Ayala Roseville CA 95661
3}Nelly Velazquez Richmond 94804
To the best of my knowledge the information provided is true and correct:

Signature: _ f-_~ ___ )lj _ ~--~----L-~- ------ Date: 02/16/2025 Submit to: City Clerk, 450 Civic Center Plaza, Richmond, CA 94804 OR Email to: [email protected] For Office Use Only: New Appointment: D Reappointment: D 0 1st nd 3rd 613

04/01/2025
Mayor's Office
DATE: April 1, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Councilmember Jimenez
Councilmember Robinson
Subject: Amend Ordinance No. 08-21 N.S. to Establish a Biannual Report from the Richmond Arts and Culture Division
Manager
FINANCIAL IMPACT: None.

PREVIOUS COUNCIL
ACTION:

May 18, 2021

STATEMENT OF THE
ISSUE:

Establishing a biannual report and presentation from the Arts and Culture Division Manager will provide residents and City Councilmembers with valuable insight into the
state of the Arts in Richmond. Biannual updates will
enhance transparency, keep stakeholders informed
about ongoing projects and future plans, and create a
shared understanding of their progress and impact.

RECOMMENDED ACTION: DIRECT the City Attorney’s Office to draft an amendment to Ordinance No. 08-21 N.S. requiring the Arts and
Culture Division Manager to provide a biannual written
report and deliver an in-person presentation to the City Council, with the proposed amendment to be prepared
within 45 days – Mayor’s Office (Mayor Martinez 510-
621-1275) Councilmember Jimenez (510-620-6565) and
Councilmember Robinson (510-620-6565).

AGENDA
REPORT
614

04/01/2025
DISCUSSION:

Currently, the City Council and the public do not receive regular updates from the Arts and Culture Division. The establishment of a biannual report and presentation would provide much-needed information and ensure that both residents and City Council members are aware of the division’s work, including public art projects, the administration of the One and a Half Percent for the Arts Fund (Ordinance No. 08-21 N.S.), and the activities of the Richmond Arts and Culture Commission (RACC).

It is important to distinguish between the Arts and Culture Division, which is a City division staffed by city employees, and the Richmond Arts and Culture Commission, which is an advisory body composed of volunteers. While the division manages funding, programs, and policies related to arts and culture, the commission provides guidance and recommendations to the City. A biannual presentation directly from the Arts and Culture Division Manager and division staff would give the City Council and the community an opportunity to understand not only what projects are being developed but also what resources and support the division’s needs from the city and its residents.

As part of their presentation, the Arts and Culture Division could provide updates on:
 Public art projects and initiatives throughout the city  Updates on Ordinance No. 08-21 N.S. “One and half percent (1.5%) Ordinance”, including (but not limited to) who has contributed within the calendar year and how funds are being utilized
 Art and Culture Division budget, including any requests or needs from the City Council
 Activities and initiatives of the Richmond Arts and Culture Commission  Any challenges or barriers to advancing arts and culture in Richmond To ensure these updates are provided in a timely manner, the biannual presentation should occur before the City Council’s summer recess and again before the end of the calendar year.

Recommendation
Direct the City Attorney’s Office to draft an amendment to Ordinance No. 08-21 N.S. requiring the Arts and Culture Division Manager to provide a biannual written report and deliver an in-person presentation to the City Council, with the proposed amendment to be prepared within 45 days.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance No. 08-21 N.S.
615
616
617
618
619
620
621
622
623
624
625
626

April 1, 2025
Mayor's Office
DATE: April 1, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Declaring April 2025 as Alcohol Awareness Month FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The rising rates of alcohol-related deaths and underage drinking in the United States highlight the urgent need for increased awareness and prevention efforts, particularly among youth, to mitigate the long-term health and safety risks associated with alcohol use.

RECOMMENDED ACTION: PROCLAMATION Declaring April 2025 as Alcohol Awareness Month – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503)
DISCUSSION:

An estimated 178,000 people die from alcohol-related causes annually, making alcohol one of the leading preventable causes of death in the United States. According to the Centers for Disease Control and Prevention, average annual deaths from excessive alcohol use increased by 5.3%, from 137,927 during 2016–2017 to 145,253 during 2018–2019. These deaths then rose more sharply by 22.8% from 2018–2019 to 178,307 during 2020–2021, reflecting a 29.3% overall increase from 2016–2017 to 2020–2021. Excessive and underage drinking remains a major concern, responsible for approximately 4,000 deaths and more than 220,000 years of potential life lost among individuals under 21 each year. Studies have shown that youth exposure to alcohol AGENDA
REPORT
627

April 1, 2025
advertising significantly increases both the likelihood and volume of underage drinking.

Within Contra Costa County, alcohol consumption is prevalent among youth, with one in nine 12th-grade students in WCCUSD reporting alcohol use within the past 30 days.

Additionally, 14% of WCCUSD youth report typically obtain alcohol from adults, further highlighting the need for strong preventive measures. Research also reveals that individuals who begin drinking before the age of 15 are five times more likely to develop alcohol dependency later in life.

Alcohol Awareness Month is critical for raising public consciousness about the farreaching effects of alcohol use and its consequences, particularly on youth. By fostering education and dialogue, this month provides an opportunity to engage families, schools, and communities in efforts to prevent alcohol abuse, promote healthy behaviors, and safeguard the well-being of future generations. Richmond deserves a future of longterm health, safety, and opportunity, and Alcohol Awareness Month serves as a vital tool in advocating for that future.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation April 2025 as Alcohol Awareness Month 628
Mayor Eduardo Martinez
City of Richmond
April 1, 2025
Declaring April 2025 as Alcohol Awareness Month
WHEREAS, an estimated 178,000 people die from alcohol-related causes annually, making alcohol one of the leading preventable causes of death in the United States; and
WHEREAS, excessive, underage drinking is responsible for about 4,000 deaths and more than 220,000 years of potential life lost among people under age 21 each year;
and
WHEREAS, Richmond has 64 active off-sale alcohol licenses; and WHEREAS, Richmond youth to a disproportionate number of off-sale alcohol outlets in their neighborhoods, exposing them to higher amounts of alcohol promotion and advertising; and
WHEREAS, there is evidence that youth exposure to alcohol advertising increases the likelihood and quantity of underage drinking; and WHEREAS, within Contra Costa County, alcohol is a widely used substance among youth, where one in nine 12th-grade students in WCCUSD reported consuming alcohol in the past 30 days; and
WHEREAS, 14% of WCCUSD youth report that students usually get alcohol from adults; and
WHEREAS, research shows that drinking alcohol before the age of 15 increases the likelihood of an individual developing alcohol dependency by five times; and
WHEREAS, Richmond youth have a right to long-term health and safety.

NOW THEREFORE, I, Mayor Eduardo Martinez, and the Richmond City Council do hereby declare April 2025 as Alcohol Awareness Month in the City of Richmond and join with local alcohol prevention efforts to encourage adults to support the well-being of youth by talking with their kids about waiting to use alcohol and refraining from buying or giving alcohol to youth.
629

March 25, 2025
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, PE, Senior Civil Engineer
Subject: Accept and Appropriate One Bay Area Grant 3 Funds and Contract with Kimley-Horn and Associates, Inc..

FINANCIAL IMPACT: The City has been awarded grant funding from One Bay Area Grant 3 (OBAG3) in the amount of $1,674,702.81
for design and construction of the Bayview to BART
Project. Additional funding is also available in the amount of $270,000 from the General Capital Fund. Total funds
presently committed for this project are $1,944,702.81.

OBAG3 fully funds this contract. (Account String:
15436431-400708-23040, 20136031-400733-23040)

PREVIOUS COUNCIL
ACTION:

December 20, 2022

STATEMENT OF THE
ISSUE:

City staff are seeking City Council approval to accept and appropriate OBAG3 Grant funds for the Bayview to BART
Improvement Project and award a contract for
engineering design services for the Bayview to BART
Improvement Project to Kimley-Horn and Associates, Inc. in an amount not to exceed $565,116.36.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE One Bay Area Grant 3 funds in the amount of
$1,674,702.81 to the Bayview to BART Improvement
Project; and AUTHORIZE the City Manager or her
designee to execute a contract for a not to exceed
amount of $565,116.36, with a term beginning March 25,
AGENDA
REPORT
630

March 25, 2025
2025 through December 31, 2026, with Kimley-Horn and
Associates, Inc. for engineering design services for the Bayview to BART Project. – Public Works Department
(Hillal Hamdan 510-621-1612 / Robert Armijo 510-620-
5477 / Daniel Chavarria 510-620-5478).

DISCUSSION
This project idea originated with a quick-build design for protected bike lanes on the Bayview Avenue overpass at I-580. The overpass already has wide shoulders, which can easily be modified to include a bike lane buffer with vertical elements to protect bicyclists.

The project will create a safe, comfortable walking and biking route connecting the Del Norte BART station to the San Francisco Bay Trail. It capitalizes on existing multi-use paths, ties into El Cerrito's Transit Oriented Development Complete Streets Projects, and will improve conditions around parks and schools. The project will build Class II bike lanes on Potrero Ave and Class IV protected bike lanes on the Bayview Ave overpass over I580. The project is entirely within an Equity Priority Community, is adjacent to parks and schools, and connects El Cerrito’s San Pablo Avenue Priority Development Area (PDA) to the South Richmond PDA (Attachment 1).

On January 26, 2022, the Metropolitan Transportation Commission (MTC) adopted Resolution 4505, awarding the City of Richmond One Bay Area Grant 3 (OBAG3) grant funding in the amount of $1,674,702.81 for the Bayview to BART Project to be funded in fiscal years 2022-23 through 2025-26 (Attachment 2).

On December 19, 2024, City staff issued a Request for Proposals (RFP) for engineering design services for the Bayview to BART Project. In response to the RFP, staff received five proposals from qualified engineering firms (Attachment 3). A panel of public works staff members who possess the technical and engineering expertise needed to evaluate engineering proposals effectively reviewed the proposals. Selection criteria included relevant project experience, understanding of the scope of work, ability to meet the project deadline, and ability to operate within budget.

The panel identified Kimley-Horn and Associates, Inc., as the best fit for engineering design services based on their expertise in similar projects, their deep understanding of the project's scope of work and approach to completing it, and their emphasis on a strong community engagement process (Attachment 4).

Consulting
Firms
Rater
1 Rater
2 Rater
3 Average
score

1. KH 92 100 86 93

2. CSWST2 87 99 88 90.6

3. CSG 85 95 65 85

4.BKF 83 90 76 80
631

March 25, 2025

5. SNG 75 82 68 74
In conclusion, City staff are seeking adoption of a resolution to accept and appropriate the grant awarded by OBAG3 in the amount of $1,674,702.81 for the Bayview to BART Project, amend the Engineering 2024-25 fiscal year budget, and authorize the City Manager or her designee to execute a contract with Kimley-Horn and Associates, Inc. for a not-to-exceed amount of $565,116.36 (Attachment 5).

DOCUMENTS ATTACHED:

Attachment 1 – Bayview to BART Map
Attachment 2 – OBAG3 Grant Award Resolution 4505
Attachment 3 – Bid Summary Report
Attachment 4 – Proposed Contract
Attachment 5 – Resolution
632
633
Date: January 26, 2022
W.I.: 1512
Referred by: PAC
Revised: 02/23/22-C 03/23/22-C 06/22/22-C
09/28/22-C 10/26/22-C 11/16/22-C
01/25/23-C 02/22/23-C 03/22/23-C
04/26/23-C 05/24/23-C 06/28/23-C
07/26/23-C 09/27/23-C 10/25/23-C
11/15/23-C 12/20/23-C 02/28/24-C
03/27/24-C 04/24/24-C 05/22/24-C
06/26/24-C 07/24/24-C 09/25/24-C
11/20/24-C 12/18/24-C

ABSTRACT
Resolution No. 4505, Revised
Adoption of the project selection and programming policies for the third round of the One Bay Area Grant program (OBAG 3). The project selection and programming policies contain the project categories that are to be funded with various fund sources, including federal surface transportation act funding assigned to MTC for programming, to implement the Regional Transportation Plan (Plan Bay Area 2050) and to be included in the federal Transportation Improvement Program (TIP) for the OBAG 3 funding delivery period.

The resolution includes the following attachments:

Attachment A – OBAG 3 Project Selection and Programming Policies Attachment B – OBAG 3 Project Lists
With the adoption of the project selection and programming policies, Attachments B-1 and B-2 program $8,300,000 to Regional Planning Activities, $37,200,000 for OBAG 3 Program and Project Implementation, and $4,000,000 for Program and Project Implementation for transit transformation activities within the Planning and Program Implementation Regional Program; and $35,157,000 for CTA Planning Activities within the Planning and Program Implementation County & Local Program.

On February 23, 2022, Attachment B-1 was revised to program $30,000,000 in OBAG 3 Regional Multimodal Systems Operations and Performance Program funds to the Clipper C2 Capital project as part of an alternative funding plan for the project’s Regional Measure 3 (RM3) funds.
634

ABSTRACT
MTC Resolution No. 4505, Revised

On March 23, 2022, Appendix A-1 was added to incorporate guidelines for the County and Local Program call for projects.

On June 22, 2022, Attachments A, B-1, B-2, and Appendix A-1 were revised to further define program categories and program $80,800,000 million to various projects within the Regional Program, including $31,600,000 for Transit Transformation Action Plan programs and $7 million for future SamTrans projects as part of a Caltrain right-of-way (ROW) repayment arrangement; program $11,762,000 for ongoing Safe Routes to School Non-Infrastructure programs within the County & Local Program; add $7,000,000 in additional anticipated revenues to the Regional Program; and clarify language related to local policy requirements and project eligibilities within the County & Local Program.

On September 28, 2022, Attachments B-1 and B-2 were revised to program $14,000,000 to 511 Traveler Information Services within the Regional Travel Demand Management (TDM) Program, $1,280,000 in the Regional Vision Zero/Safety Program for Local Roadway Safety Plan Development, $2,500,000 for Bay Trail Planning, Delivery, and Technical Assistance projects within the Regional Active Transportation Plan Implementation Program, and $86,900,000 to various projects within the Multimodal Systems Program; assign $7,000,000 in Multimodal Systems Program funds previously committed to SamTrans as part of MTC’s Caltrain Right-of-Way repayment to SamTrans’ Preventative Maintenance project; and add $620,000 in County & Local Program funds to San Mateo C/CAG’s Safe Routes to School NonInfrastructure Program project.

On October 26, 2022, Attachments B-1 and B-2 were revised to program $43,800,000 within the Climate Initiatives Program, $25,000,000 within the Growth Framework Implementation program, $18,166,000 in County & Local Program for CTA Planning Activities, and $7,613,000 in County & Local Program funds to Alameda County Transportation Commission’s Safe Routes to School Non-Infrastructure Program.

On November 16, 2022, Attachment B-1 was revised to program $6,000,000 from the Regional Active Transportation Plan Implementation balance to two Bay Skyway projects: $1,900,000 to MTC’s West Oakland Link and $4,100,000 to SFCTA’s Yerba Buena Island Multi-Use Path.

On January 11, 2023, Attachments B-1 and B-2 and Appendix A were revised to program $301,682,000 in County & Local Program funds to various projects throughout the region, and 635

ABSTRACT
MTC Resolution No. 4505, Revised

$300,000 to MTC’s Active Transportation Technical Assistance Program within the Regional Complete Streets and Community Choice Program; and to clarify programming policy requirements for OBAG 3 projects involved in local fund exchanges.

On February 22, 2023, Attachment B-1 was revised to direct $20,000,000 within the Climate Initiatives program to MTC for Bay Wheels Bikeshare E-Bike Expansion; and revise the name of MTC’s Regional Carpool Program to Regional Carpool/Vanpool Program to reflect the full scope of the program.

On March 22, 2023, Attachments A, B-1, and B-2 were revised to change the fund source of $15,940,000 programmed to MTC’s Bay Wheels Bikeshare E-Bike Expansion from STP/CMAQ to non-federal funds in the MTC exchange program; reprogram $1,600,000 in Regional Commuter Benefits Program funds from MTC to the Bay Area Air Quality Management District; program $1,000,000 to Napa Valley Transportation Authority’s State Route 29 American Canyon Operational and Multimodal Improvements project; program $1.2 million within the Regional Forward Programs to MTC’s Bay Bridge Forward I-80/Powel Interchange Transit Access project; revise County & Local Program awards for Alameda County’s Mission Boulevard Phase III Corridor Improvements and Lafayette’s School Street Class I Multiuse Facility from $9,657,000 to $4,950,000 and $3,435,000 to $750,000, respectively; add $8,000,000 in additional anticipated revenues to the County & Local Program and $1 million to the Regional Program; and program $15,392,000 in available capacity to various projects on the County & Local Program contingency list.

On April 26, 2023, Attachment A was revised to clarify the County & Local Program programming requirements.

On May 24, 2023, Attachments B-1 and B-2 were revised to reprogram $750,000 in Regional Program funds from MTC’s Bay Trail Project Delivery to MTC’s Bay Trail Implementation, reprogram $23,800,000 to various projects and programs within the Climate Initiatives Program, reprogram $21,540 in County & Local Program funds from BART’s Elevator Modernization Phase 1.3 project to MTC’s Regional Carpool/Vanpool project, and revise the sponsor for Priority Development Area (PDA) Planning projects in both the County & Local and Regional Programs to MTC.

On June 28, 2023, Attachment B-1 was revised to program $17,000,000 in Regional Growth Framework Implementation funds to various Priority Development Area (PDA) Planning and 636

ABSTRACT
MTC Resolution No. 4505, Revised

Priority Production Area (PPA) Pilot projects; and program $2,844,000 in Regional Climate Initiatives funds to various Mobility Hub Planning and Parking Program Planning projects.

On July 26, 2023, Attachments B-1 and B-2 were revised to reflect the fund source change from STP to Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding for $16,727,000 as follows: $14,677,000 for MTC’s CTA Planning Activities Supplemental project within the County & Local Program; and $1,650,000 for MTC’s Community-Based Transportation Plans and $400,000 for MTC’s Local Roadway Safety Plan Development project within the Regional Complete Streets and Community Choice program.

On September 27, 2023, Attachment B-1 was revised to program $4,700,000 in Regional Active Transportation Plan Implementation balances to MTC’s Active Transportation Technical Assistance Program, add MTC as the project sponsor for $15,000,000 in Transportation Electrification planning projects, and revise the project names for two of MTC’s PDA Planning Grants in Fairfield and Suisun City to indicate that the Solano Transportation Authority will be facilitating project delivery.

On October 25, 2023, Attachment B-1 was revised to program $1,500,000 to MTC for Engagement and Capacity Building for Community-Based Transportation Plans (CBTP’s) and the Community Action Resource and Empowerment (CARE) Program, and $600,000 to MTC for Bay Wheels Bikeshare E-Bike Expansion station siting, marketing, and incentives; and to reflect fund sources and fund source changes (in accordance with MTC Resolution No. 3989) for MTC’s Engagement and Capacity Building for CBTP’s and CARE program, various projects within the Priority Production Area (PPA) Pilot Program, and MTC’s Bay Wheels Bikeshare EBike Expansion project.

On November 15, 2023, Attachment B-1 was revised to program $6,600,000 to MTC for Mapping & Wayfinding; program $1,500,000 to MTC for PCA Program Implementation and reflect the fund source change from STP/CMAQ to non-federal MTC exchange funds (as programmed in MTC Resolution No. 3989, Revised); reflect the fund source change for $300,000 of MTC’s Active Transportation Technical Assistance project from STP/CMAQ to non-federal Planning, Programming, and Monitoring (PPM) funds; and distribute the funds previously programmed to MTC for Connected Bay Area/Incident Management to MTC’s component projects, Connected Bay Area ($24,400,000) and Incident Management ($4,000,000). 637

ABSTRACT
MTC Resolution No. 4505, Revised

On December 20, 2023, Attachments A, B-1, and B-2, and Appendix A-1 were revised to update the Housing Element compliance requirements for the County & Local Program; reprogram $4,850,000 in Regional and County & Local funds from SFCTA’s Yerba Buena Island MultiUse Path to SFMTA for Light Rail Vehicles as part of a local fund exchange and revise the project names to reflect related roadway improvement supporting the multi-use path; reprogram $2,200,000 in County & Local Program funds from BART’s Elevator Modernization Phase 1.3 project to MTC’s Regional Carpool/Vanpool project; and program $2,110,000 in Regional Program funds to Active Transportation Technical Assistance Program projects, including changing the fund source of $560,000 from STP/CMAQ to non-federal MTC exchange funds.

On February 28, 2024, Attachment B-1 was revised to add $9,300,000 in Regional Climate Initiatives funds to the Mobility Hubs Capital Grants unprogrammed balance, reflect the $8,500,000 in Regional Priority Conservation Area (PCA) Grant Program funds available for the PCA Call for Projects, Phase I, and program $1,000,000 in Regional Adaptive Ramp Metering funds to MTC for Adaptive Ramp Metering on State Route 237 in Santa Clara County.

On March 27, 2024, Attachments B-1 and B-2 were revised to reprogram $2,000,000 in Regional Vision Zero/Safety Program funds from MTC’s Bay Area Vision Zero Data System to MTC for Enhancing Support for Safety in the Bay Area, and change the fund source from STP/CMAQ to non-federal MTC exchange funds; reprogram $80,000 in Regional Vision Zero/Safety Program funds from MTC’s Regional Safety Program Coordination and Outreach to MTC for the Bay Area Vision Zero Data System, and change the fund source from STP/CMAQ to non-federal MTC exchange funds; change the funds source of $2,000,000 in Regional Pavement & Asset Management Program funds for MTC’s Pavement Management Program (PMP) from STP/CMAQ to non-federal MTC exchange funds; program $1,000,000 in County & Local Program funds from the Alameda County Transportation Commission’s (ACTC’s) San Pablo Avenue Parallel Bike Network to ACTA and the City of Albany for the Jackson Street portion of the same project; and change the fund source for $400,000 in Active Transportation Technical Assistance Program projects from STP/CMAQ to non-federal MTC exchange funds.

On April 24, 2024, Attachment A and Appendix A-1 were revised to standardize County & Local Program compliance requirement language.

On May 22, 2024, Attachments B-1 and B-2 were revised to deprogram $27,730,000 in County & Local Program funds from the City of San Jose’s Story-Keyes Complete Streets project as part 638

ABSTRACT
MTC Resolution No. 4505, Revised

of a fund source change, program $11,555,000 in Regional Transit Priority funds to various projects within the Bus Accelerated Infrastructure Delivery (BusAID) program, program $6,000,000 in Local Public Fleet Electrification Planning Assistance funds to MTC for various local agencies, change the fund source for $350,000 in Bay Trail Project Delivery funds from STP/CMAQ to non-federal MTC exchange funds, and program $30,000 in Parking Management Planning balances to MTC for Concord’s Downtown Parking Technology Solutions Study.

On June 26, 2024, Attachment B-1 was revised to reflect the programming of $5,000,000 in nonfederal MTC exchange funds to the Bay Area Housing Finance Authority (BAHFA) for county election cost reimbursement related to the 2024 regional housing bond measure.

On July 24, 2024, Attachment B-1 was revised to program $1,500,000 to MTC’s Bay Trail Marshlands Road project, program $560,000 in bikeshare funds to MTC for station electrification, change the fund source for $660,000 in bikeshare funds from STP/CMAQ to nonfederal MTC exchange funds, and reflect reprogramming of these exchange funds to various projects.

On September 25, 2024, Attachment B-1 was revised to reprogram $1,250,000 in Regional Program bikeshare funds from e-bike expansion to MTC for Bay Wheels bikeshare expansion in Daly City, changing the fund source for this project from STP/CMAQ to non-federal MTC exchange funds; reprogram $300,000 in Regional Program bikeshare funds from e-bike expansion to MTC for bikeshare outreach; and program $240,000 in Regional Program Mobility Hub planning balances to MTC for Mobility Hubs and Parking Management technical assistance.

On November 20, 2024, Attachment B-1 was revised to program $8,500,000 in Regional Priority Conservation Area (PCA) funds to various projects, including changing the fund source for $4,950,000 of that total from STP/CMAQ to non-federal MTC Exchange; reprogram $2,000,000 from MTC’s Priority Development Area (PDA) Planning Program to MTC’s Regional Housing Technical Assistance (RHTA) Program; deprogram $4,600,000 from MTC’s Mapping & Wayfinding project; program $3,950,000 to various Innovative Deployments for Enhanced Arterials Transit Signal Priority (IDEA TSP) and Bus Accelerated Infrastructure Delivery (BusAID) projects; add $650,000 to BusAID unprogrammed balance; reprogram $4,640,000 within MTC’s Regional Vision Zero/Safety Program to various projects; and deprogram $415,000 from MTC’s Cotati Santero Way PDA Planning project. 639

ABSTRACT
MTC Resolution No. 4505, Revised

On December 18, 2024, Attachments B-1 and B-2 were revised to reprogram $10,000,000 in County & Local Program funds among various component projects of the Alameda County Transportation Commission’s (ACTC’s) San Pablo Avenue corridor improvements, reprogram $800,000 from MTC’s Sonoma County Airport Area Specific Plan to MTC’s Regional Housing Technical Assistance, and revise the project sponsor from San Mateo County to Redwood City for the Bay Road Complete Street Rehabilitation project in the County & Local Program.

Further discussion of the project selection criteria and programming policy is contained in memorandums to the Programming and Allocations Committee dated January 12, 2022, February 9, 2022, March 9, 2022, June 8, 2022, September 14, 2022, October 12, 2022, November 9, 2022, January 11, 2023, February 8, 2023, March 8, 2023, April 12, 2023, and May 10, 2023; the Planning Committee dated June 9, 2023; the Programming and Allocations Committee dated June 14, 2023, July 12, 2023, September 13, 2023, October 11, 2023, November 8, 2023; the Planning Committee dated December 8, 2023; and the Programming and Allocations Committee dated December 13, 2023, February 14, 2024, March 13, 2024, April 10, 2024, May 8, 2024, June 12, 2024, July 10, 2024, September 11, 2024, November 13, 2024, and December 11, 2024.
640
Date: January 26, 2022
W.I.: 1512
Referred by: PAC
RE: One Bay Area Grant Program (OBAG 3) Project Selection and Programming Policies

METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4505
WHEREAS, the Metropolitan Transportation Commission (MTC) is the Regional Transportation Planning Agency (RTPA) for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, MTC is the designated Metropolitan Planning Organization (MPO) for the nine-county San Francisco Bay Area region and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes federal funds; and WHEREAS, MTC, as the RTPA/MPO for the San Francisco Bay Area, is assigned programming and project selection responsibilities for certain state and federal funds; and WHEREAS, state and federal funds assigned for RTPA/MPO programming discretion are subject to availability and must be used within prescribed funding deadlines; and WHEREAS, the California Department of Transportation (Caltrans) Obligation Authority (OA) Management Policy allows RTPAs and MPOs to exchange regional Surface Transportation Block Grant Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), and other federal funds assigned to the RTPA or MPO with Caltrans and other regions, when a region or Caltrans-managed local program has excess or insufficient apportionment available to deliver its annual federal program; and
WHEREAS, Title 23 CFR § 630, Subpart G, allows the advancement of federal-aid projects and expenditure of eligible costs prior to the obligation of funds (referred to as “Advance Construction” or “AC”) with reimbursement of eligible expenditures permitted following conversion of the AC to a regular obligation; and WHEREAS, MTC, in cooperation with transit operators, Caltrans, the Bay Area Air Quality Management District (BAAQMD), Bay Area County Transportation Agencies (CTAs), counties, cities, and interested stakeholders, has developed policies and procedures to be used in 641
MTC Resolution 4505