Richmond City Council
April 1, 2025

ATTACHMENT 2

Request for Approval

America’s Job Center of CaliforniaSM
Adult and Dislocated Worker
Career Services Provider
Local Workforce Development Board
City of Richmond

Local Workforce Development Area
City of Richmond

The Workforce Innovation and Opportunity Act (WIOA) allows Local Workforce Development Boards (Local Board) to be an Adult and Dislocated Worker Career Services Provider with the agreement of the Chief Elected Official (CEO) and the Governor.

This application will serve as the Local Board’s or administrative entity’s request for Governor Approval to be an Adult and Dislocated Worker Career Services Provider within a Local Workforce Development Area (Local Area) under WIOA. The application must be submitted to the California Workforce Development Board (CWDB) by March 1, 2021, through one of the following methods:

Mail California Workforce Development Board
P.O. Box 826880
Sacramento, CA 94280-0001

Overnight Mail California Workforce Development Board
Hand Deliver 800 Capitol Mall, Suite 1022
Sacramento, CA 95814

If the CWDB determines the request 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 request.

Rosemary Viramontes, WIOA Program
Coordinator
Contact Person

510-307-8008
Contact Person’s Phone Number
March 1, 2021
Date of Submission

City of Richmond Workforce Development
Board
Name of Local Board
330 – 25th Street
Mailing Address
Richmond, CA 94804
City, State Zip

Request for Approval
Adult and Dislocated Worker Career Services Provider

Local Chief Elected Official Statement
A Local Board or administrative entity that seeks approval to be an Adult and Dislocated Worker Career Services Provider within an America’s Job Center of California must provide a statement from the local CEO indicating his/her request as well as responses to the following questions.

Please provide responses to the following items on a separate document:

1. What factors guided the Local Board’s or administrative entity’s decision to submit this application to be an Adult and Dislocated Worker Career Services Provider within the Local Area?
The City of Richmond’s Employment and Training department has successfully worked as the administrative entity for the Richmond Workforce Development Board (RWDB) since its inception in 1998. They have consistently served the needs of employers and workers in Richmond and the surrounding region by working with key partners from city government, business, industry, education, economic development, organized labor, and community organizations to develop innovative ways to identify and address those needs. If allowed to remain the Adult and Dislocated Worker Career Services Provider, the RWDB will ensure a continuum of education and training opportunities that support a skilled workforce. Maintaining the existing RWDB administrative entity will continue to provide clients with the opportunity to achieve career goals through education and workforce training, and support the success of local business through a range of direct services.

As the WIOA services provider for the Richmond Local Area, RWDB staff has:
• Sustained Workforce Development Local Area Certification, in good standing, since 1998 • Consistently met all state and federal reporting requirements • Maintained high-performing WDB status over several program years • Successfully met or exceeded performance goals for several grant funding streams • Annually receive EDD Monitor Review Final Reports without disallowed costs • Kept all required federal and state policies incorporating all WIOA CFR citations • Provided effective Career Services for Richmond residents with quantified results

As the RWDB administrative entity, the Employment and Training department is staffed by civil service employees represented by SEIU Local 1021 and IFPTE Local 21 AFL CIO management employees and both unions have language in their Memorandum of Understanding with the City of Richmond that prohibits the outsourcing of work represented by the bargaining units. In addition, the City of Richmond provides direct General Fund support for RichmondWORKS staff, grant writing discretionary funds, Summer Youth Program, general liability, building infrastructure costs, information technology costs including support and replacement, and other operating expenses. This vital support will be lost if city staff are NOT the operator and provider of Richmond WIOA career services. The financial impact will exceed $1,200,000 on an annual basis; the loss funding will directly and severely impact the level and quality of services for area employers and job seekers.

The RWDB staff’s ability to leverage existing resources, attract new resources, and identify potential private/public funding opportunities shows their commitment to workforce development within the Richmond local area. RWDB and staff are dedicated to building strong partnerships with employers, educational systems, unions, and community organizations.

2. How would participants be better served by the Local Board or administrative entity acting in this role rather than through the awarding of contracts? The Richmond Workforce Development Board’s administrative entity has a proven ability to provide Career Services to the Richmond community. Over the years, the centrally located office has become a fixture in the Richmond Community. The comprehensive AJCC, RichmondWORKS, is located in the heart of the City, in the Civic Center Complex, near easy accessible public transportation including the Richmond BART station. Richmond citizens can easily access the existing AJCC without any disruption in services.

The RWDB administrative staff has historically been successful in leveraging funding sources to provide multiple workforce development opportunities for the Richmond local area. The following examples only highlight a few of the many successful workforce development programs established by RWDB staff:
• The nationally renowned RichmondBUILD Pre-Apprenticeship Academy; • Contractor’s Resources Center – Training and Support Program; • Richmond YouthBUILD Program
 Summer Youth Employment (Work-based Learning)
• Governor’s Dislocated Worker Additional Assistance Project Hire programs • Workforce Accelerator Grants
• plus many, many more.

RWDB staff has been very successful in seeking additional grant funding in support of Richmond’s Workforce Development efforts; contracting this service to a relatively unknown entity would be detrimental to the sustainability of workforce development services in this area. The RWDB, Chief Elected Official and City Council concur that the RWDB staff should continue to provide these vital employment development services for the Richmond Local Area.

3. Describe the Basic and Individualized Career Services the Local Board or administrative entity will provide as well as their past experience providing these services.

Since July 2014, the RWDB administrative entity staff has aggressively worked to revamp the career services process for the Local Area, America Job Center of California (AJCC). Staff has developed new processes to provide WIOA career services while improving on customer service and data tracking. They have developed processes that include an effective flow of client services from Basic Career Services through Individualized and Training Services to employment. Whether clients are enrolled for WIOA Basic Career Services or Individualized/Training Services, all have an opportunity to attend classes, workshops and discuss career pathways mapping with staff. One- on-One Career Counseling has also been incorporated into the Individualized Career Services model to provide counseling to clients who need direction to continue their job search or guide clients interested in individualized and or training services.

In addition, new procedures are being implemented to include the COVID-19 CDC guidelines for the workplace. The business as usual for Basic and Individualized Career Services now incorporates digital access including virtual meetings and services, digital remote workshops and access to jobs and career services through social media.

In the ongoing effort to include AJCC partners in the redesign of the Richmond WDB AJCC system, there are discussions about how partners can support the career pathways portion of the system redesign. Contributions from EDD, Learning for Every Adult Program (LEAP), WCC Adult Education and Contra Costa Community College have enabled RichmondWORKS AJCC to increase the outreach services for the populations they serve. This collaboration has increased the number of job seekers referral from these partners. In addition, CBO’s within the Richmond community have also played an integral part in increasing the outreach services focused on populations who have multiple barriers to employment and services.

Furthermore, The City of Richmond’s Employment and Training Department is now directly under the City’s Community Services Department which includes, Recreation, Library, and Transportation. By aligning these departments together, services to the Richmond community are enhanced and leveraged. For example, career research can now be coordinated with library services, youth programs provided by the Recreation department can now be coordinated with work experience for youth. Bringing these departments together has the potential to strengthen and amplify Basic and Individualized Career Services.

Providing excellent WIOA Career Services is only an extension of the notable work which has been completed by RWDB staff during previous grant funding periods (i.e. JTPA and WIA). RWDB Local Area is the recognized leader on workforce development and business issues in the East Bay Region. RWDB administrative entity has consistently provided workforce development policy and procedure updates for staff including qualitative monitoring, on-going capacity building, and in- service staff training; this practice has proven successful in building the established high- performing WDB that exists in the City of Richmond today. Attachments include:

A. RWDB High Performing WDB Certification
B. WIOA Post COVID-19 Client Intake Eligibility Process and Flow Chart

4. Provide the Local Area's performance outcomes for each of the last two Program Years (PY 19- 20 and 20-21) and evidence that the Local Board or administrative entity is qualified to provide Adult and Dislocated Worker Career Services, including testimonials that speak to the effectiveness and efficiency with which the Local Board or administrative entity has provided or can provide those services.

The Richmond Local Area’s performance goals for Program Year 2020-21 and performance outcomes for Program Years 2019-20 and 2018-19 are included in Exhibit 4A.

The collaboration between the RWDB and the City of Richmond has proven to be a model of successful integrated and progressive workforce development programs. The RWDB and its administrative entity have used a variety of innovative strategies to steadily provide the Richmond Local Area with successful workforce development programs including Adult and Dislocated Worker career services.

In the area of assisting adult job seekers, Richmond WDB is a core partner in a number of innovative projects that bring together industry and education partners to help participants overcome barriers to skill achievement and obtain employment in regional industries that pay well and are growing. Partnerships with in-demand industry sectors such as construction, health care/medical, information technology, engineering, manufacturing, and transportation/logistics provide careers for the adult and dislocated job seekers. Within the RichmondWORKS AJCC, Adult and Dislocated Worker services are designed to start, advance, or transition individuals on a pathway to employment in high-growth middle and high skill occupations in in-demand industries.

Services currently offered for Adult and Dislocated Worker job seekers include: occupational skills training, including training for non-traditional employment; work experience; internships; on-the- job-training; incumbent worker training, academic remediation and prevocational services.

Virtual recruitments and job fairs, for companies located within the Richmond Local Area are held regularly and announced via various RichmondWORKS social media platforms and attend by RichmondWORKS AJCC staff. RWDB has worked with a variety of businesses to promote their employment opportunities; some of their business partners include: Laner Electric, MCE Clean Energy, Sunstall, Nutiva, Republic Services, Overaa Construction, Kaiser Permanente Hospital, and Chevron to name a few. RWDB staff has, over the last few years, attracted food service and manufacturing/production/warehouse companies including: Amazon, Hello Fresh, Blue Apron, William Sonoma, Kohana Coffee, Whole Foods. Attached in Exhibits 4B and 4C are job announcements, recruitment notices, and success stories, regarding Richmond local area career services.

5. Attach documentation (signed and dated letter) that the members of the Local Board and other relevant parties (e.g., Board of Supervisors) reviewed the information provided in the application and approved the request in a public meeting.

A special WDB meeting was held, January 14, 2021, where WDB members, representatives from RWDB partner agencies, the chief elected official’s office and other interested parties were provided an opportunity to review and approve the following documents: Request to provide AJCC Operator Services and Request to provide AJCC Adult and Dislocated Worker services. The Richmond City Council also met, February 2, 2021, to review and approve these documents and adopted a Resolution in support of the RWDB and its administrative entity remaining the AJCC Operator and Career Services Provider for the Richmond Local Area. Attached in are the minutes from these public meetings confirming approval of all reviewed documents:

A. Richmond Workforce Development Board Meeting agenda and minutes; B. Richmond City Council meeting agenda and minutes.

C. Richmond City Council Resolution designating the RWDB as AJCC Operator and WIOA Career Services Provider for the Richmond local area.

6. Attach documentation of internal controls, conflict of interest, and firewall policies.

Per your request, attached are the following documents:

A. City of Richmond & Workforce Development Board Ratified, Written Agreement 2019 B. RWDB Conflict of Interest Policy
C. RWDB Procurement Policy & Procedures
D. RWDB Personally Identifiable Information – Secure Data Transfer Policy

Signature Page
By signing below, the local CEO and Local Board chair request approval from the Governor to be an Adult and Dislocated Worker Career Services Provider. Each party certifies that this application submis sion was reviewed and demonstrates that the Local Board or administrative entity will meet all the requirements as an Adult and Dislocated Worker Career Services Provider under WIOA law and regulations.

Instructions
The Local Board chair and local CEO must sign and date this form. Include the original signatures with the request .

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

l
L

Dr. I. Angelov Farooq, Chair  Tim Rainey, Executive Director  Gavin Newsom, Governor 800 Capitol Mall, Suite 1022, Sacramento, CA 95814  Phone: (916) 657-1440  www.cwdb.ca.gov

12/01/2020

Sal Vaca
City of Richmond
330 25th St.

Richmond, CA 94804

SUBJECT: Application for Certification of High Performing Board

Dear Director Vaca,

The California Workforce Development Board has received and carefully assessed your application for certification as a High Performing Board under the California Unemployment Insurance Code Section 14200.

This letter is to inform you that City of Richmond met the eligibility requirements outlined in Workforce Services Directive WSD19-12
. Therefore, your application requesting
designation as a High Performing Board for the period of July 1, 2020, through June 30, 2023 has been approved.

If you have any questions, please contact your Employment Development Department Regional Advisor.

TIM RAINEY, Executive Director
California Workforce Development Board

cc: Janyce Wong, Regional Advisor

POST COVID-19 INTAKE/ELIGIBILITY PROCESS FLOW
Case Management ParticipantMIS
Rev 1.0
START
Request
Service?
Registered in
CalJOBS?
Register in
CalJOBS
Conduct 1-
on-1 phone
appt to
assess
eligibility
Eligible?
No
Yes No
Yes
No
Yes
Process &
Email
eligibility
documents
for Intake
Log Intake
request & call
participant
Answer Call?
Schedule phone
Intake appt
Available?
Leave voicemail &
send email Return Call?
No
Yes
No
Yes
No
Notify Career
Planner after 2nd
contact attempt
with no response
Create WIOA Title
I ApplicationYes
Setup appt to
submit & sign
eligibility
documents
Submit & Sign
eligibility
documents
Sign WIOA Title I
Applications
Eligibility
Documents
Complete?
Scan & Upload
eligibility
documents in
CalJOBS
Yes
Provide self-
stamped
envelope to
submit additional
documents
No
Submit additional
required
eligibility
documents
Send email
notification of
complete
eligibility process
A
Contact
Participant to
determine
interests
Interested?
END

END END
No
BYes
B
A
Provide Case File
documents
Create MIS Folder
& File
END
Update MIS
Tracking Log
Log in-person
Intake appt
Post COVID-19 Intake Eligibility

1 | Page Rev 120720JV

Purpose
The purpose of the Post COVID-19 Intake Eligibility is to outline process for delivering the Intake Eligibility service while adhering to the COVID-19 safety guidelines in minimizing contact.

Procedures

1. Participant visits or calls AJCC requesting assistance with employment and/or training

2. Career Planner conducts a 1-on-1 telephone appointment with participant to assess program eligibility • Asks if participant is registered in CalJOBS and if not, inform the participant that CalJOBS registration is required • Prepares applicable program eligibility checklist identifying required documents • Prepares applicable affidavits and other required program documents such as “Unlikely to Return To Work...” for the Dislocated Worker and affiliated programs

3. Career Planner emails scanned copies of the eligibility checklist and applicable affidavits and other required program documents to MIS Staff for Intake Eligibility processing

4. MIS Staff logs intake request and calls participant

5. Participant is available
• MIS Staff verifies that eligibility documents according to the eligibility checklist are available • MIS Staff creates WIOA Title I Application verifying information with participant on the phone • MIS Staff schedules an in-person appointment with participant to bring eligibility documents per the eligibility checklist and signs all applicable program eligibility documents or mails documents with self-stamped envelope for participants to return depending on the current COVID-19 orders • MIS Staff logs in-person participant’s appointment in AJSS Master Schedule

6. Participant is not available
• MIS Staff schedules an appointment to call back
• Repeat step 5

7. Participant doesn’t answer call
• MIS Staff leaves a voicemail and sends an email if participant’s email has been provided • MIS Staff makes 2 contact attempts and leave voicemail, after which Career Planner is notified of no response from participant
• If Career Planner notify MIS Staff of continued participant’s program interest, MIS Staff will make 2 more contact attempts and if no response is received, Intake Eligibility process will stop

8. Participant returns call
• Repeat step 5

9. Career Planner signs the WIOA Title I Applications

10. Participant submits and signs eligibility documents • Submits required eligibility documents and MIS staff verifies and copies documents  If eligibility documents are not complete, receives self-stamped envelope to submit additional required eligibility documents
• Signs RichmondWORKS program policies after review with MIS Staff • Signs applicable affidavits after review with MIS Staff Post COVID-19 Intake Eligibility

2 | Page Rev 120720JV

• Signs WIOA UI Data consent after review with MIS Staff • Signs WIOA Title I Application after review with MIS Staff • Receives copies of all signed program eligibility documents

11. MIS Staff scans and uploads MIS eligibility documents in CalJOBS

12. MIS Staff creates MIS file folder and provides Career Planner with Case File documents

13. MIS Staff sends an email notification to Career Planners of Intake Eligibility completion

14. MIS Staff updates MIS File Tracking log

15. MIS Staff receives additional required eligibility documents from the participant • Repeat steps 11 through 13

16. Data validation follows after Career Planner enrolls participants and an Individual Employment Plan has been created
PY 2020‐21 NEGOTIATED LEVELS OF

PERFORMANCE
Goal Actual Goal Actual Goal Actual
Employment Rate 2nd Quarter After Exit 75.0% 71.9% 73.9% Employment Rate 4th Quarter After Exit 68.0% 73.0% 73.9% Median Earnings 2nd Quarter After Exit $6,000 $8,193 $3,100 Credential Attainment 4th Quarter After Exit 60.0% 62.0% 60.0% Measurable Skill Gains 50.0% 57.0% 56.4%
PY 2019‐20  OUTCOME LEVELS OF

PERFORMANCE
Goal Actual Goal Actual Goal Actual
Employment Rate 2nd Quarter After Exit 67.0% 96.7% 72.5% 92.1% 66.9% 90.3% Employment Rate 4th Quarter After Exit 64.5% 80.8% 69.5% 91.9% 64.0% 93.3% Median Earnings 2nd Quarter After Exit  $ 5,800   $ 6,689   $ 8,200   $ 10,229   n/a  $ 4,748 Credential Attainment 4th Quarter After Exit 54.0% 60.0% 58.0% 62.5% 63.0% 29.4% Measurable Skill Gains n/a 61.5% n/a 50.0% n/a 44.4%
PY 2018‐19 OUTCOME LEVELS OF

PERFORMANCE
Goal Actual Goal Actual Goal Actual
Employment Rate 2nd Quarter After Exit 66.5% 85.4% 72.0% 90.3% 65.4% 84.6% Employment Rate 4th Quarter After Exit 63.0% 84.4% 69.0% 96.2% 62.0% 85.7% Median Earnings 2nd Quarter After Exit  $ 5,500   $ 6,389   $ 8,000   $ 11,337   n/a  $ 3,707 Credential Attainment 4th Quarter After Exit 53.0% 43.5% 57.0%

81.8% 61.0% 80.0%
Measurable Skill Gains n/a 61.5% n/a 60.0% n/a 31.3%
n/a = Baseline
As of Juanuary 2021.

Richmond WDB Performance Goals for PY2020‐2021, and
Performance Outcome for PY2018‐2020

ADULT DISLOCATED
WORKER
YOUTH

ADULT DISLOCATED
WORKER
YOUTH

ADULT DISLOCATED
WORKER
YOUTH
RWDB Performance Goals & Results.PY2018‐2021 1 of 1
RichmondWORKS
Richmond, CA
Construction is a growing and in-demand industry in the Richmond area. So the RichmondWORKS America's Job Center of California sMtargets their annual Workforce Innovation and Opportunity Act funding toward meeting this need, connecting small businesses with job-seeking Richmond residents. In this case, RichmondWORKS partnered with Laner Electric Supply Company , Inc to develop an on-the-job training program targeting job seekers with barriers to employment and/or lacking skills.

Sandra Escalante, CEO and Owner of Laner Electric Supply Company , says "With the help and support of the RichmondWORKS team. the process is really streamlined. I would recommend the program to other companies because it gives Richmond residents the opportunity to work and have a career. I'm a Richmond business owner and I try to hire within Richmond. I want Richmond to succeed and want our image in the nation to be a progressive city." In addition to having her own business , Sandra has also received recognition for "Top 25 Minority-Owned Company" and "Top 100 Women-Owned Company " only one year after taking over the company.

Pictured to the left are two participants who were hired with limited experience and who continue to work at Laner Electric today. Both are looking to expand their careers in the construction and electrical industry thanks to the on-the-job training received ; a win-win outcome for the City of Richmond because it's boosting economic growth for the individual and the community.

For more information on RichmondWORKS and RichmondBUILD employme nt programs . visit the respective websites
Richmo nd BUILD : http ://www .ci.richmond .ea .us/1243/RichmondBUILD RichmondWORKS: http ://www.ci .richmond.ea.us/661/RichmondWORKS 21P a g e
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California Prison Industry Authority
The California Prison Industry Authority (CALPfA) is a self-supporting state agency that provides productive work oppmtu nities and job skins to offenders to reduce recidivism and increase public and prison safety.

EMPLOYER INFORMATION HOW TO APPLY
Location: Main Street, San Quentin, CA 94964 Apply online: Ca!Careers Hours: 0500-1500, Monday- Thursday
Salary: $4,630.00 - $5,865.00 a month
Start Date: As soon as possible Closing Date: Until Filled Benefits: Benefit information can be found on the CalHR website.

JOB DESCRIPTION
Position is subject to reasonable suspic ion drug testing pursuant to 2 CCR § 599.960 ***Prior to app lying for any Industrial Supervisor, Prison Industries (Mattress and Bedding) vacancy, you must first attain list eligibility by taking the Training & Experience Assessmen t exam via the Internet at https://ca lpia.hodesig.com/BulletinSearch.aspx, click Comp lete Self-Assessment *** The Industrial Supervisor, Prison Industries (Mattress and Bedding) , under the direction of the Prison Ind ustries Superintendent II (Mattress and Bedding) is responsible for the training, developing, and directing inmate workers in the scheduled production of mattresse s. This includes the manufacturing of innerspring mattresses and pillows; Supervising the implementation of the Quality Assurance Programs and maintain inmate pay and inmate work incentive program time records; Understand and apply safety rul es and regulations; Maintains safety and security of working areas and work material s; Assist in the preparation of machinery purchase; keep inventory contro l of part and suppl ies; utilizing the Enterpri se Resource Planning system (ERPLx) shop orders, labor hours, and other production related function s; Ma intains firm and impartial and constant discipline of assigned workers; implements the individual compo nents of the Industry Emp loyment Program (IEP), training and motivating inmates in personal development through their participation in the program; perform other duties as required that are related to the classificatio n.

PER POST AND BID REQUIREMENTS (CALPIA EMPL OYEES ONLY): Eligible emp loyees at this institution must submit a Reassignment/Transfer Request form to the contact person listed by the final filing date. EUgible employees who submitted a Re-assignment/Tran sfer Request fotm d uring the open enrollment period may be considered.

You will find additional information about the job in the Dutv Statement.

Working Conditions
Persons appoi nted to positions in this class must be reasona bly able to maintain sufficient strength, agility, and endurance to perfom1 during stre ssful (physica l, mental, and emotional) situations encountered o n the job without compromising their health and well-being or that of their fellow emp loyees or that of inmates. Assignments during tour of duty may include sole responsibility for the supervisio n of inmates and/or the protection of persona l and real property.

Persons appoi nted to positions in this class are required to wear a personal alrum and must carry a whistle at all times while on the worksite.

DESIRABLE QUALIF ICATIONS
In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
• Know ledge and ability to train and superv ise inmates in the manufacturing of mattress and bedding product s in a correctiona l environme nt.

Please reference the name of the position in the subject line of email and on resume objective "Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities" 9/20-MC f.IRichmond
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Sanitation Supervisor
The Sanitation Supervisor will be responsible for cleaning and sanitizing the primary production (processing) and secondary production (packaging) equipment area to help ensure that Glass Onion meets or exceeds all sanitation requirements .

EMPLOYER INFORMATION
Location: Richmond- CA
Hours : 2pm
Salary : $17.00 per hour
Start Date: ASAP

HOW TO APPLY
Submit Resumes to: [email protected]
Closing Date : Sep.4th
Benefits: Paid Vacation • Paid Sick Leave• Paid Holidays• Health and Dental Benefits• 401 k Program

QUALIFICATIONS
• Have at least 1-year of experience in a kitchen and manufacturing environment. • The ability to consistently lift up to 40 pounds
• Ability to read, write and speak basic English/Spanish • Basic Math Skills
• Ability to work nights and weekends if necessary, mandatory overtime as required . Ability to change shifts if necessary

JOB DESCRIPTION
•Oversee standa rd cleaning procedures as documented via SSOPs and trainings for the equipment and facility . This includes assembly I disassembly of equipment , application of chemicals for cleaning and sanitizing, scrubbing , and rinsing, removing and disposal materials daily. •Understand proper labeling of chemicals and the use of containers •Safely use cleaning chemicals , garments , and understand safety aspects , chemical measurements , and chemical application .
•Collect and remove all trash and recycling remaining on the production and packaging lines, warehouse, and surrounding areas.
•Understand guidelines of sanitation and follows all Hazard Analysis and Critical Control Points (HACCP) and Good Manufacturing Practices (GMPs)
•Follow safety rules, including those relating to the required Personal Protective Equipment (PPE) for each task.
•Control of laundry linens and bundling up for pick up. •Understand and follow Standard Operating Procedures (SOPs) •Other duties assigned as needed
Please reference the name of the position in the subject line of email and on resume objective Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities" Date Posted: 8/20/20-MC
California Department of Corrections & Rehabilitation
Career Assistance Workshops
Hayward
Monday, March 2nd
9:00a.m.- 4:00 p.m.

Rubicon Programs
24100 Amador Street, 3rd Floor
Hayward, CA 94544
Workshop activities include:
• Create a Cal Career account
• Information on current job vacancies,
salary & benefits
• Assistance with navigating the civil
service examination process
• On-site assessment of qualifications
Richmond
Tuesday, March 3rd
9:00a.m. - 4:30 p.m.

Richmond Works
330 25th Street
Richmond, CA 94804
Accepting applications & exams for:
• Carpenters
• Electricians
• Locksmiths
• Maintenance Mechanics
• Plumbers
• Supervising Cooks
• Teacher, High School- General Education
• and more ...

CA State Prison, San Quentin is interviewing for Supervising Cooks! *Interviews will be scheduled at both locations for qualifying individuals. Interviews will be conducted on 3/3/20 at the Richmond location.

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E-mail: [email protected]
Questions? (916) 323-1236
Accept the Challenge. Make a Difference. Join CDCR Today.

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ChildCare Careers .
fHE SOURCE FOR CHILO CARE STAfFitJG
Now Hiring:
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ON-SITE RECRUITMENT
Childcare Teachers/ Assistants
Full time /Part-time
Attend on the spot Information, Application and Interview Sessions Dates: February 13, 2020
March 12, 2020,
April 16, 2020
Time: 10:00AM-12PM
Place: 330 25th Street, Richmond, CA 94804 I 510-307-8014 Employer website: www.childcarecareers.net
Bring your Resume & Dress to Impress
MINIMUM QUALIFICATIONS:
• Genuine love for children
• Early Childhood Education units a plus, but not necessary • Ability to pass fingerprint clearance with no exemptions and provide health documents • Ability to communicate with children, parent s & staff • Enthusiastic, patient, dependable , punctual , flexible JOB DESCRITPTION : Substitute Teacher for Infant, Preschool, & After School Programs. Working as a Teacher in the classroom, helping to supervise and team teach groups of children and assist with the planning and implementation of curriculum activities .
"Equal opportunity employer/p rogram "
"Auxiliary aids and services available upon request to individuals with disabilities" Posted 01/29/20 - MC
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"Auxiliary aids and services available upon request to individuals with disabilities" On Site Recruitment
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RICHMONDWORKS
330 25TH STREET
RICHMOND CA 94804
Medical Transport Specialist (MTS)
Starting at $13 - $15 I Hour
• Find out how to start a career in Emergency Medicine
• No Experience Required!
• On the spot interviews and offers
2020 Census Recruiting Event
Learn About Job Opportunities
DATE: Weekly, Thursdays, 1/09, 1/16, 1/23, 1/30 , 2/6, 2/13, 2/20, & 2/27 TIME: 1 :OOpm - 4:00pm
RichmondWorks330 25th Street, Richmond , CA 94804
LOCATION. 510-307-8014 - "Equal opportunity programs . "Auxil iary aids and • services available upon request to individuals with disabilities" SUPERVISORY & NON-SUPERVISORY POSITIONS Hiring - Summer 2019 One application qualifies you for any of the following positions:
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Office Operation Supervisors $28.00 - $51.00
Office Clerks $20.50 - $37.50
Recruiting Assistants $20.50 - $37.50
Census Field Supervisors $20.50 - $37.50
Enumerators (Census Takers, Canvassers) $20.50 - $37.50 ,/Excellent Pay ,/Flexible Hours ,/paid Training ,/work in your community Apply online www.2020census.gov/jobs
Federal Relay Service: (800) 877-8339 TIY I ASCII
www .gsa.gov/fedrelay
The U.S. Census Bureau is an Equal Opportunity Employe r. t:IRichmond
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ON-SITE RECRUITMENT
ChildCare Careers.

THE SOURCE FOR CHILO CARE STAFFINGi
Child Care Careers is Hiring
Preschool Teacher Aides, Assistants &
Teacher's
Full time /Part-time
Attend an interview/information session with the Employer Date: Tuesday, October 15, 20 19
Time: 10:00AM-12PM
Place: 330 25th Street, Richmond, CA 94804 I 510-307-8014 Employer website: www.childcarecareers.net
Bring your Resume & Dress to Impress
MJNIMUM QUALIFICATIONS :
• Genuine love for children
• Early Childhood Education units a plus, but not necessary • Ability to pass fingerprint cleara nce with no exemptions and provide health documents • Ability to commun icate with children, parent s & staff • Enthusiastic, patient, dependable, punctual, flexible JOB DESCRITPTION: Substitute Teacher for Infant, Preschool, & After School Programs. Working as a Teacher in the classroom , helping to supervise and team teach groups of children and assist with the planning and implementation of curriculum activities .
"Equal opportunity employer /program"
"Auxiliary aids and services available upon request to indi vid uals wit h disabilities " Posted I 0/211 9- MC
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Greater East Bay gaadwill
li'Richmond ..............

In Partnership with '-!.Y!5!M..~ A meroca's J.~ ~e nler "Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities" HIRING EVENT!
Retail Associates, Assistant Store Managers,
Tractor Drivers & Truck Drivers Apprenticeships
/(High School Students, Veterans & Retirees are strongly encouraged to apply" Attend an interview/information session with the Employer Date: October 2, 2019
Time: 10:00am SHARP
Place: 330 25th Street, Richmond, CA 94804 I 510-307-8014 • No Experience necessary (for Retail Associate)
• Must be at least 16 years of age with a high school work permit if under 18 years old • Advancement Opportunities Available
• Full-time & Part-time Schedules Available
• On The Job Training
Here are some of the benefits we offer:
8 Paid holidays per calendar year; Health & Dental Plans; Vacation and Sick Leave; Job & Skills Training; Purchasing Discount.

JOIN OUR TEAM
Oakland · Alameda · Walnut Creek · Fremont · Hayward · San Leandro Albany· Concord· Dublin ·Benicia· Brentwood ·Oakley ·Pittsburg Pleasant Hill · Rodeo ·Vallejo · Berkeley · Dixon · Fairfield ·Livermore Richmond · San Pablo · Vacaville · Durant Square
Apply Online
https :/ /eastbaygoodwi ll.org/emp loyment
We turn donations into jobs

DOUBLE TREE
BY HILTON '"
On-Site Recruitment
Interview with the Employer
Date: Thursday, 4/18/19
Time: lOam Sharp
Place: RichmondWORKS, AJCC
(j]Richmond
WORKS o.-'""' CMtnot c ~••_,..
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330-2Sth Street, Richmond, CA

DOUBLETREE BERKELEY MARINA
is Hiring
•Bell person
• Banquet Servers
•Bartender
• Cooks
• Houseperson • Housekeepers
• Laundry Attendant •Stewarding
• Restaurant Servers
• Guest Service Agents
APPLY NOW /PRIOR TO EVENT AT:

BesthoteiCa reers.com
We are an Equal Employment Opportunity
"Equal opportunity employer / program- Auxiliary aids and services available upon request to individuals with disabilities " Posted : 4/3 / 19- MC
Events Internship
Public Affairs
$15 per hour
Approx. April -Se ptember 2019
Up to Three Positions Available
Apply No Later than 4:00pm on January 31, 2019
First Round Interviews Anticipated for the Week of February 24, 2019

WHO WEARE
MCE is a mission-driven, collaborative , not-for-profit , locally-foc used community choice aggregation energy program , providing cleaner energy and energy effic iency programs to 34 comm unities in four Bay Area count ies. We are proud to be the first program of its kind in California and have been operational since 2010.

WHAT YOU'LL DO
As an Events Intern, you will attend community events such as festivals and street fairs to help educate customers about MCE's programs and services. You will act as MCE's representative to the public , answering questions , sharing information , and bringing customer feedback to the larger Public Affairs team to improve our programs and services . You may also be asked to help with office tasks such as preparing event materials and swag. You will also have the opportunity to participate in any of MCE's regularly scheduled meetings to learn more about the organization and the Community Choice movement.

SUCCESSFUL CANDIDATES MUST DEMONSTRATE THE ABILITY TO:

Interact positively with diverse groups of people
• Communicate effectively in oral and written formats
• Work independent ly and as part of a team
Learn about MCE's history, mission, operations, and commu nity and customer benefits Demonstrate the highest level of accountability , integrity ,judgement . and conf identia lity

WHAT YOU NEED TO KNOW
Microsoft Office Suite - Google Suite

TO APPLY
MCE requests qual ified applica nts provide their cover letter and a resume no later than 4:00pm, January 31 , 2019. Selec tion procedu res may consist of any o r all of the followi ng: application ranking , writing sample, skills test, and interviews .

To apply , please send your cover letter and resume via email to jobs@MCEcleanenergy .org Interviews: It is antici pated that interviews will be scheduled during the week of February 24,2019. This is a non-exempt , part-t ime,and fixed term position . Ideal candidates will be available to work April through Sep tember with some flexib ility to leave early or remain longer dependi ng on budget avai lability . The salary is $15 per hour. Anticipated end date is September 30, 2019, but is dependent upon candid ate availability .

If you are a highly motivated , detail oriented and well-organized individual who meets the minimum requireme nts of this position , please apply now!
Amcf~ ·~ ob~tct "Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities " Posted: 12/12/2018- MC r.IRichmond
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ON-SITE RECRUITMENT
e_~--_,,.(Birnbo Bakeries, USA is Hiring
BIMBO. Production Associates
r #I Full-time Union positions starting at $15.85 an hour Bakeries US~!
Attend an interview/information session with the Employer Date: Tuesday, January 15, 2019
Time: 9 am to 12 pm
Place: 330 25th Street, Richmond , CA 94804 I 510-307-8014 Employer website: http ://careers.bimbobak eriesusa.com Bring your Resume & Dress to Impress
MINIMUM QUALIFICATIONS :
• Position requires a high schoo l diploma or OED.
• I year of exper ience in a food manufactu ring enviro nment, a plus. • Must be able to work any day and/ or shift including weekends and holidays. • Must have ability to read, write, speak and communicate in English.

JOB DESCRITPTION:

Wholesome Harvest Baking, a division of Bimbo Bakeries, USA is the largest North American supplier of frozen , par-baked breads, rolls and bagels to the retail and food service channels . Our mission is to nourish , delight and serve our world. We have an immediate opening for Production Associates .

JOB DESCRITPTION:
• Packaging froze n bread products into corrugated boxes. • Suppmt various departments, set up and operate equ ipment. • VisuaJly inspect and count finishe d goods for conformance with company product standa rds. • Remove waste from line. Other duties as assigned.
"Equal opportunity employer /program "
"Auxiliary aids and service s availabl e upon request to individuals with disabiliti es" D ate Pos ted 1/4/19 - MC
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REPUBLIC

SERVICES
Route Auditor in Richmond, CA
Republic Services is an industry leader in U.S. recycling and non-hazardous solid waste. Through our subsidiaries, Republic's collection companies, recycling centers, transfer stations, and Landfills focus on providing effective solutions to make proper waste disposal effortless for our 14 million customers. We'll handle it from here., our brand promise, lets customers know they can count on Republic to provide a superior exper ience while fostering a sustainab le Blue Planet for future generations to enjoy a cleaner, safer and healthier world . Why Work with Us Our Company cannot thrive without great people devoted to serving customers, the community and the planet. We hire the best people to make Republic a great place to work. We are focused on attracting talented individuals across professions who are as committed to serving customers and the planet as we are. We strive to create a workplace that's meaningful and rewarding to our 33,000 employees. That's why we are proud to be recognized as Best Large Employer by Forbes, World's Most Ethical Companies by Ethisphere, and Human Rights Campaign Foundation's 2018 Corporate Equality Index.

EMPLOYER INFORMATION
Location: Richmond, CA
Hours: 2:30am - 10:30am FIT- temp to hire
Salary: $20 - $22
Start Date: ASAP
Benefits: No

QUALIFICATIONS
• • High School Diploma or GED.

HOW TO APPLY
Submit Resumes to: Monica Castrillo,
[email protected]
or Fax: 510-307-8061
Closing Date: August 20, 2018
Preferred Qualifications• Two years' experience as a commercial driver or a waste industry helper. • Experience in a customer-facing position

JOB DESCRIPTION
The Route Auditor rides with a driver during his or her sched uled commercial or residential route to identify enhanced operating efficiencies and ensure accurate billing, as well as opp01iunities for increases in service and potential safety hazards. The Route Auditor will recommend improvements in route scheduling, service capabilities or other changes based on his or her findings to enhance the customer's experience.

Knowledge, Skills & Abilities
• Acts in a professional , courteous and cooperative manner toward customers and co-workers; works with a sense of honesty and trustworthiness.
• Good time management skills to ensure assigned responsibi lities are completed in an efficient and safe manner.
• Good follow through ability; adheres to work schedu le and follows through on challenges as they arise. • Ability to adhere to Company policies and rules set fotih ; promotes the Company's safety standards; does not take inappropriate risks.
• Working knowledge of Microsoft Office products.
• Maintains a feeling of pride in work; strives to achieve all goals.

DUTIES & RESPONSIBILITIES
• Ride with assigned driver on designated commercial and/or residential routes to gather data, including but not limited to travel times, disposal volumes, service and collection times, and accuracy of the route sheet in an effort to reduce cost, improve revenue and reduce safety hazard s. • Ensure proper customer billing by checking actual container weight, container size and number of weekly pick ups; inform Sales, Customer Service and/or Accounts Receivable of discrepancies. • Identify opportunities for additional revenue and inform Sales and/or Customer Service. • Utilize Route Editor program to identify overlapping routes and recommend improvements to operating efficiency.
• Identify safety hazards associated with the route and recommend changes. • Recommend container repairs or replacements, as necessary. • Prepare detailed reports of route audit findings; review all audit data and recommended improvements with General Manager and department managers . • Enters data into the customer data base regarding route audit findings. • Perform other job-related duties as assigned . The statements used herein are intended to describe the general nature and level of the work being performed by an employee in this position, and are not intended to be construed as an exhaustive list of responsibilities, duties and skills required by an incumbent so classified . Furthermore, they do not establish a contract for employment and are subject to change at the discretion of the Company.

Please reference the name of the position in the subject line of email and on resume objective "Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities" Posted: - 07118/2018-MC
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ON-SITE RECRUITMENT
F1rst II Student
Caring for students today, tomorrow, together. is Hiring School Bus Drivers
Part-time (min 5 hours/day) $21.95p/h
Attend an interview/information session with the Employer Date: Thursday , June 21, 2018
Time: 1 0:OOam Sharp
Place: 330 25th Street, Richmond , CA 94804 I 510-307-8014 Fill out an application before attending the session at:

Apply .frrstgroupcareers.com
Bring your Resume & Dress to Impress
MINIMUM QUALIFICATIONS :
• At [east 2 1 years old
• Valid driver' s license for at least 3 years
• Good verbal communication skills
• Must be ab le to pass a backgro und check, drug test and physical JOB DESCRITPTION:

This job prov ides TRAINING leading to your Commercial B Driver's License, however , conditions may apply .
• Safely transports passengers
• Perform pre/post trip vehicle inspections
• Assists stude nts in the loading a nd unloading process "Equal opportunity employer/program"
"Auxiliary aids and services available upon request to individuals with disabilities" • p<oud pallnt! 01
Posted: 6/6/2018 - MC
AmeriCa'sJobCenter
tl/tfl l/J••HUJ I

Virtual Hiring Event

Instrument Assemblers & Production Technicians
(Multiple Temp Positions Open)
Job Location: Hercules, CA

Virtual Interviews:

Wednesday, February 10, 2021
11AM – 3PM

To RSVP to this FREE event, please visit: https://events.indeed.com/event/80857/

INSTRUMENT ASSEMBLER

DUTIES: Execute a variety of tasks that includes receipt and verification of materials, calibration and operation of equipment, assembly of components and kits, performing calculations, and completing required documentation following Good Documentation Practices.

QUALIFICATIONS:

Ability to operate tools and equipment
 Training on soldering and electromechanical assembly
 Able to follow routine written or oral instructions

PRODUCTION TECHNICIAN

DUTIES: Support production of instruments or reagents products in compliance with established GMP procedures and ensures products are of consistent high quality. Operate a variety of lab and/or engineering test equipment, maintain instrument documentation, and troubleshoot instrument products.

QUALIFICATIONS:

Ability to operate simple lab/test equipment
 Proficient in the use of digital test equipment and Oscilloscopes  Able to carry out basic written or oral instructions

EEO/AA Employer/Veterans/Disabled/Race/Ethnicity/Gender/Age

“Equal opportunity employer/program”
“Auxiliary aids and services available upon request to individuals with disabilities” Posted: 2/5/21-MC

Virtual Hiring Event

Positions Interviewing For:

Manufacturing Scientist I
Senior Scientist (Manufacturing Scientist II)
Quality Control Supervisor
Production Chemist I

Job Location: Hercules and Richmond, CA

Virtual Interviews:

Thursday, February 18, 2021
11AM – 3PM

To RSVP to this FREE event, please visit: https://events.indeed.com/event/81875/

MANUFACTURING SCIENTIST I – Richmond, CA
This role will provide product and process support for manufacturing, supply chain and quality control department.

SENIOR SCIENTIST (Manufacturing Scientist II) – Hercules, CA This role requires extensive experience in the New Product transfer of reagents to manufacturing for the Reagent Manufacturing Process Development team. The individual will execute cross-functional projects related to development and continuous improvement for our product lines with a focus on Molecular Biology Reagents, digital PCR reagents and the Bio-Plex suspension array system.

QUALITY CONTROL SUPERVISOR – Richmond, CA
This role will supervise the quality control team and manage quality control functions, including inspection testing for raw materials. These include chromatography resins, buffers, dyes, and raw materials produced or used at the Bio-Rad chemical production plant.

PRODUCTION CHEMIST II – Hercules, CA
In this role, you will be working on a close-knit chemical manufacturing team producing Large Scale Buffer, purification and HPLC in-line testing activities.

EEO/AA Employer/Veterans/Disabled/Race/Ethnicity/Gender/Age

CHOOSE YOUR FORMAT (1, 2, 3 OR 4)

AND FOLLOW THE INSTRUCTIONS TO ACCESS SERVICES
FORMAT 1:

To Utilize the Career Center for Job Search:

Call us at (510) 307-8014 to make an appointment.

FORMAT 2:

For Unemployment, Disability & Paid Family Leave forms:

Pick up at RichmondWORKS, located at 330-25th St.,
Richmond, Ca.

FORMAT 3:

For One-on-One Career Counseling, call us to schedule a telephone appointment: 510-307-8014
FORMAT 4:

Social Distancing is in place; Walk-in appointments are not guaranteed due to limited space; please call in advance.

General questions are welcomed!
RichmondWORKS is an equal opportunity employer/program. All qualified applicants will receive consideration for employment without

regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

RichmondWORKS: 330-25th Street, Richmond, CA 94804

AJCC Services Format Available via Appointment
Monday—Friday (9am to 3:30pm)

A 10.5 megawatt project named the Solar One Project sits on 60 acre brownfields site in Richmond. The project will pow er 3,200 homes in Richmond, and in preparation for the project, Richmond BUILD s taff established a customized solar training class for the project . A racking system, and solar panels were donated to the academy to practice on with the students. Also, our students received their HAZ Whopper 40 certification through an EPA funded grant.

The RichmondBUILD staff worked closely with employers like Cenergy, Russel l Pacific, People Ready, and various Trades to meet MCE ’s 50% local hire mandate. The project supported 341 jobs, and p artnered exclusively with RichmondBUILD to train and hire local residents . 40 graduate s of the RichmondBUILD Academy worked on project. The project m aximized local economic benefits by requiring 50% local resident workforce and engaging Richmond–based contractors and suppliers , l ocal laborer with electrical component was 45% l ocal laborer without electrical component was 62%
The Solar One Project eliminates 3,234 metric tons of carbon dioxide in one year, the equivalent of taking more than 680 fossil –fuel cars off of the road annually . And p rovides clean, local, renewable energy to Richmond residents and repurposed 60 acres of a remediated brownfields site!

RichmondBUILD graduates on the Solar One Project

The finished Solar One Project!

City of Richmond
YouthWORKS

SUMMER YOUTH

EMPLOYMENT
PROGRAM 2019

FOR RIC HMOND RESIDENTS ONLY
(Proof of residency will be required)
**Must be Aged 16 – 21 to Participate**
Online Applications will be available
Friday—February 1st 2019
https://youthworks.formstack.com/forms/syep_2019_application_form

ONLY THE FIRST 200 APPL ICATIONS WILL BE ACCEPTED
** For Mor e Information Cal l 510-412-2044** YouthWORKS is located: 330 25th Street Richmond, CA 94804

This is an Equal Opportunity Employer (EOE) Auxiliary
aids and services available upon request to
individuals with disabilities

,._____-==--~-=----=- ...

Youth
R I C II M 0 N 0
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RKS
iummer .,.,()Ufh ~mPI()MOent J>r()aram
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There are many advantage s to becoming a worksite :
./ Get short -term projects completed
./ Curb the temporary staffing cost
./ Contribute to City of Richmond Workforce
./ Train the future of your field
BEOOIVE A \NORKSITE!
Online Worksite Request Forms are now available!
Submit Online Request Form Here!
http ://www.ci.richmond .ea.us/662/YouthWORKS
For More Information Contact :

Bouakhay Phongboupha 510-307 .. 8050
bphongboupha @richmondworks.org

VISIT US
@
330 25th Street
Richmond, CA 94804
DBR DEPARTMENT of

W REHABILITATION
Employment, Independence & Equality
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•
An Equal Opportunity Employer/Prog ram
Auxiliary aids and services availab le upon request to Individual s with Special Trades.

2020 Summer Youth

Employment Program (SYEP)

 175 Richmond youth received meaningful paid work experience  Youth worked at non—profits, businesses, and City of Richmond departments to enhance their work experiences
 Received a $250,000 Summer Training Employment Program Services (STEPS) grant to serve disabled youth
 50 disabled youth ages 16-21 received summer jobs
 and gained valuable work experience

KPSAHS and The City of Richmond Virtual Summer Program
Introduction to Allied
Health Careers
College
preparation/
Interview Skills
Professional
Development

Dates: July 7- 31, 2020
Tuesday, Wednesday, Thursday
11- 12pm

KPSAHS Preparatory Program
The preparatory program will consist of a 4-week Virtual based schedule that will include numerous trainings in a variety of subjects that will enhance the students’ knowledge in the field of heath care and professional development.

Students will have the opportunity to learn in the following areas. 

 Introduction to Allied Health Careers
 Interactive Assignment
 Professional Development
 College Prep / Life Skills

Communication Collaboration Innovation Adaptability
Kaiser Permanente School
of
Allied Health Sciences

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330 25th St Richmond, CA
94804
RichmondWORKS connects workforce
opportunities by providing occupational
training and job search/placement
assistance.

Employment Services:

On-the Job-Training
Short-Term Vocational Training
Job Referrals/Job Search Assistance
Case Managment
RichmondWORKS is your One Stop for all
your employment needs. Our Career
Center offers a comprehensive array of
services to assist individuals from en… See
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RichmondWORKS Employment & Training Services
·
YouthWORKS is currently accepting applications for SUMMER TRAINING & EMPLOYMENT PROGRAM FOR STUDENTS ages 16-21
WITH IEP/504.

Benefits include:

Paid $15 an hour
100-120 Hours of WORK-BASED LEARNING EXPERIENCE
Link to online Application:
https://youthworks.formstack.com/forms/syep_2020_app_form July 6, 2020

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http://www.richmondworks.org/
(510) 307-8014
[email protected]
Open Now
8:30 AM - 5:00 PM
Public Service · Government Organization
Job Seeker Services Are you looking for a
job or new career? Do you need guidance
on your resume or interviewing
preparation? Would you like to learn new
skills? These and other topics are
discussed in our Job Search Career
Counseling workshops being offered
every Tuesday in our One-Stop Career
Center. JOB/CAREER COUNSELOR
DAY/HOURS: BY APPOINTMENT ONLY by
calling 510-307-8014.

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Full Time Warehouse Positions
Immediate Start - In Richmond!!
Multiple shifts available!
HOW TO APPLY: Please call Express Employment office at 510-662-5100… See More
February 5 at 2:15 PM

RICHMONDWORKS EMPLOYMENT & TRAINING SERVICES
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$100 Grocery Gift Card
Give-Away (Donation from the Hurlbut Community Nutrition Program) Must meet ALL of the following:

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We are in lockdown down once again! Just hang in there and hang on! Our offices are closed to the public but we are still working behind the scenes and are here to help! We are just a phone call away: 510-307- 8014!
Call us for job search advice, career planning, unemployment insurance info and or just to chat with one of our career advisors as we also have a wealth of information on community resources! If we don’t answer, it means that we are on other calls or away from t… See More December 8, 2020

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Richmond Local Area - WIOA Client Success Stories

The following are just a few of the many testimonials and success stories received from Richmond residents, regarding the Workforce Innovation and Opportunity Act (WIOA), job search , training, and career guidance services provided by RichmondWORKS, America’s Job Center of California sm (AJCC) Career Counselors.

Juan Santamaria is a dislocated worker who was assisted via the RichmondWORKS Rapid Response Program for Bimbo’s Bakery employees. Juan had worked there 7 years as a Packer, Oven Worker, and Rheon Operator & Mixer; which he realized was a dead -end career path. When he learned he was getting laid off, he enrolled himself in the Contra Costa College EMT training program. While in training, he was enrolled in the grant 1153, English Language Learner ( ELL) IMPACTO Program where his ESL was evaluated and navigation was provided to WIOA co -enrollment in October 2019. WIOA provided, Supportive Services for books and uniform reimbursement, and assistance with updating his resume. On April 23, 2020, he was hired at Falcon Ambulance as a successful EMT at $18.00 per hr.

The WIOA Counselor’s job development contact assistance with the recruiter at Falcon aided him in acquiring this position.

Trina Reynolds was a low-income Richmond resident who was enrolled in the WIOA Adult Program, September 2019. She was seeking a career change. She had been working in the childcare industry as an Assistant Lead Teacher for 11 years and felt she had hit a dead -end in her career pathway growth.

Through WIOA counseling , she was enrolled in the Kaiser Medical Assistant Program where she graduated and received her certificate of completion. She recently received a job offer with Kaiser Permanente, Vallejo, CA, to work as a Medical Assistant; her starting salary is $28.50 per hour.

Hipolita Cruz is a low -income Richmond resident who qualified for the 2020 Holiday food gift card giveaway, sponsored by a local area philanthropic organization. Ms. Cruz is a single mother who is unemployed due to the COVID 19 pandemic. She has a 16 year old daughter who is disabled, and has endured several hip operations. RichmondWORKS staff was able to assist her with a gift card ; and now a RichmondWORKS Career Counselor is assisting her via 1187 Supportive Service grant services, so she can pay her rent.

Tiare Ordanza was enrolled in the WIOA Dislocated Worker program in September 2019. She needed job search assistance to receive a better job. Ms. Ordanza and her Career Counselor decided that she would do very well in Project Management because of her work experience, Project Management training at Cal. State East Bay Extension Program, and general contractor training received at the Construction Resource Center , a non-WIOA funded training program. Ms. Ordanza has been able to utilize our services to become successful in moving toward her dreams; and expressed her gratitude to RichmondWORKS for believing in her. Although she is not currently working in Project Management, due to the COVID- 19 pandemic, she is currently doing well, and working at Ashby Lumber & Hardware Building Supplies in Emeryville making use of the knowledge she gained in her training programs. Ms.

Ordanza wanted to share her story to give hope to those seeking a better job, or career pathway.

Joseph Willis is a young man who came to RichmondWORKS for help after he was laid off as a security guard in San Francisco , due to “business closure” as a result of the COVID-19 pandemic. He lived with his grandmother in Richmond and at the time his phone was about to disconnected, his PG& E bills

were mounting, and he wasn't receiving unemployment due to prior overpayment and other issues.

His telephone did get disconnected, but RichmondWORKS was able to provide him with supportive services through the Underserved COVID-19 Grant 1187 to pay his telephone bill and prevent his PG&E from being disconnected. As a result of the WIOA services provided, he was able to get his telephone service restored and continue communication with his Career Counselor who provided him with job leads. Mr. Willis has secured a job in San Francisco as a security guard , working 40 hours a week at $16.00 per hr.

Nalana Inyavong participated in the YouthWORKS Internship Program for two years. In October 2020, the program assisted her in finding permanent , full-time employment with benefits at the Alameda County Social Services Agency. Her position will be Client Service Specialist. She started at $18.00 per hours.

Alisa Batchan participated in the WIOA Youth Program, in 2019; she had request ed assistance in finding a better position. The Career Counselor referred her to C ostco in Richmond to apply for available positions. She was hired, April 1, 2020 as a Customer Service Associate ; she works full -time with benefits, and her starting salary was $16.00 per hour.

Justin Knipsen is a disabled Air Force Veteran who has an Information Technology degree , but was struggling to find employment. Through our Veterans’ Educational Assistance Program (VEAP), Mr.

Knipsen was able to supplement his education with technical training as a Certified Information Security Professional (CISSP) . B efore he was able to complet e his certification training, Mr. Knipsen received employment at an electric company located in Richmond; his starting salary is over $100K annually. Programs such as VEAP are helping people get the extra training needed to secure sustainable employment.

Clint McKean, a WIOA Adult program participant, was enrolled for services in October 2019. Due to his disability, he was unable to find gainful employment to support his family. At the time, his wife had become pregnant; he expressed concerns about his living situation, and his fear of becoming homeless.

He wanted to obtain a Class "A" driver’s license, and requested WIOA training assistance to attend MTS Training Academy in Vallejo, CA . After completing the training and exam, he received his Class “A” driver’s license. He is currently employed at UPS making $39.00 per hour.

Miguel Paranagueo Jr. came to YouthWORKS to apply for the 2020 Summer Training and Employment Program for Students (STEPS) project . Per Miguel, he needed supportive services to assist with purchasing the tools needed to join an Iron Worker Apprenticeship program. He had a chance to get in early, but he did not have the funds to do so. The Career Counselor enrolled Miguel in the WIOA Youth Program, which provided supportive service s to pay his apprenticeship program fees . Miguel is now permanently employed at Pacific Steel Group, making $24.00 per hr.

Lucy Reyes came to YouthWORKS to request training assistance to enroll in a certified nurse assistant (CNA) training. After speaking with a Career Counselor, it was determined that she only needed two courses to apply for a registered nursing (RN) program. The Career Counselor encouraged her to return to college to complete her pre -nursing course work. Although Lucy was afraid she would not get accepted, since she was out of school for quite some time ; s he is now scheduled to start her RN program at San Francisco State, January 25, 2021.

An Immigrant’s Journey - Richmond’s Grant 1153, ELL Project IMPACTO Carlos Ponce was born and raised in Mexico City. He received his education in law from The National Autonomous University of Mexico, a most prestigious and one of the largest universities in the world.

Carlos first arrived in the United States in 2017 and settled in Richmond, California, faced with immediate challenges: limited English, non -permanent residency, and unemployed. He became determined to overcome these barriers to help support his family.

Education is imperative to Carlos so much so that he searched for an educational program where he could learn English and obtain a GED. He discovered such a progra m in his community called Literacy for Every Adult Program (LEAP). He also connected with the English Language Learner (ELL) - Project IMPACTO (PI) through RichmondWORKS. Although initially, Carlos was hesitant to participate in these programs due to the Pu blic Charge. This ruling under the Trump administration bans immigrants from receiving legal status in the US if they utilize public government assistance. To ease Carlos’s concerns, the ELL Navigators provided information to explain that participating in the Workforce Innovation and Opportunity Act (WIOA) would have no repercussion on his immigration status. His co -enrollment into LEAP and the ELL PI has helped him tremendously.

To date, Carlos has taken ESL classes at LEAP and, within four months, received his GED. His determination and ambition fueled this accomplishment in such a short period. Through the ELL PI, Carlos has participated in the Accelerating Careers Through Essential Skills (ACES) Academy’s 32 -hour Personal and Professional Development. This course has helped him to have a clearer vision for his career and personal goals. Other accomplishments while participating in ELL PI have included a four - week 120-hour baking boot camp (Bread Project) that consists of a Food Handlers Safety certification.

Most exciting is that Carlos has become a permanent resident - granted in September 2019. And recently, Carlos has obtained employment for a maintenance company.

Carlos con tinues to flourish in everything he applies himself to, although he faces continued challenges. His resolute is to become proficient in English as he would like to work in a career that matches his education. Carlos's current goals are to take an advance ESL course, obtain a driver's license, and further his occupational skills by co -enrolling in WIOA Title I funding. Finally, Carlos wrote an article featured in LEAP's November 2019 newsletter on Education and Adult Immigrants and in his words: “Education is essential for the formation of a good citizen.”

Richmond Workforce Development Board Meeting

Minutes – January 14, 2021

Cassandra Youngblood, RWDB Interim Chairperson, called the Richmond Workforce Development Board Meeting to order on Thursday, January 14, 2021 at 11:30 a.m.

Roundtable Rollcall done by Itza Gonzalez
No minutes were reviewed.

Director’s Report
Sal Vaca, Director, Community Services Department

 Richmond’s Unemployment Rates during March 2020 was at 4.5% and within one month it jumped to 17.1% during April 2020. The last report that was received reflected the rates for November 2020 which was at 9.4%.
 UI and PUA Claims since shelter in place:
o (03/15/2020) – 35,688
 Mr. Vaca provided a list of current and future grants/projects that Employment and Training is working on:
o COVID-19 Project Hire grant - $575,000
o Summer Training Employment Program (STEPS) grant - $250,000 o State Allocation - $250,000
o COVID-19 Employment Recovery National Dislocated Worker Grant - $215,000 o Underserved COVID-19 Individuals grant - $162,000, has been able to provide either $400 or $800 check to assist individuals with rent o YH Soda Foundation grant - $50,000
o Total Grants: $1.5 million
Mr. Vaca announced that he will be retiring from the City of Richmond as of January 29 th, 2020 after 35.8 years of service and so he is recommending that Rosemary Viramontes to become the next Executive Director of the Richmond Workforce Development Board.

Review and Approve: RWDB AJCC Operator & Career Service Provider Applications and Review the Local Area Designation and Board Certification Rosemary Viramontes, Project Coordinator, RichmondWORKS Charita Patterson, Administrative Analyst, RichmondWORKS

Every three years we are required to complete documentation for the Richmond local area and requires to do a competitive bid in November 2020 and it was successful, once that is complete

Richmond Workforce Development Board Meeting

Minutes – January 14, 2021

the mayor and their team petition the governor to allow our board of Employment and Training Department to maintain the One-Stop Center Operator. We plan to take these documents to the City Council agenda on February 2, 2021. Included is the board certification which takes place every three years, we are required to get local area designation and the board’s certification application completed where the city petitions the state with our board makeup requirements and making assurances to the state that we maintain our performance level goals as well as our fiscal level goals, the City has a firewall that separates the board from the City which is the local area administrator, the grantee is the city and the board and employment and training.

RWDB members were asked to approve the AJCC Operator and Career Service Provider applications as presented. A motion to approve was made by Board Member Uche Uwahemu, seconded by Board Member Karen Norwood. All members present were in agreement, neither oppositions nor abstentions were presented.

Richmond Workforce Development Board PY 2021-2024, Local Plan Discussion Steven Schultz, Senior Associate, Glen Price Group
Zachary Shapiro, Associate, Glen Price Group

Mr. Schultz and Mr. Shapiro presented a couple of questions to the RWDB so as to gain input for the Local Plan PY 2021-2024. The following notes were provided by Glen Price Group:

What should the RWDB be doing to ensure equitable access in-demand regional sectors and occupations for job seekers with barriers to employment?

Della Randolph: With the onset of Covid, having a counselor or job developer for people who are unemployed. How can we revisit a way to make sure the Department of Rehabilitation is involved with job seekers with disabilities, how do we re-partner? Also, employers might have concerns, so they might need some education.

Karen Norwood: You [should] have funding for students with only high school diplomas. When we get out of the pandemic they want to have careers, so please tell your clients and lead them to Kaiser. Just reinforce that we are here to help people have better lives for themselves (Allied Health programs).

 LaTanya Dandie: How can youth get in contact with you guys to get the jobs if they do not have a computer?

Richmond Workforce Development Board Meeting

Minutes – January 14, 2021

 Karen Norwood: A good way is text messages. If you have their phone numbers.

LaTanya Dandie: providing messages at schools, on banners to help them get information.

Hakim Johnson (Chevron): Had a meeting last week with the Richmond youth council. They were frustrated with how they got exposed? The strategy from an engagement standpoint is how do they involve the youth council?

Bouakhay Phongboupha: We do on social media. We plan to do a youth program again. They can always contact our youth office here and we can guide them.

Uche Uwahemu (State assembly): The issue of outreach, we do not have one way that fits all.

Want to make sure we have some diversity to push out the message. Want to make sure we do outreach knowing some people get information from facebook. Want to make sure we are being intentional in how we are doing out outreach.

Dan Torres (Business Agent Local 483): We have had a partnership with Richmond Build.

Some of the people who have graduated have found jobs with the building trade. Some people do not have access to computers, we could give you guys an affiliates list. Having access to everyone’s local unions may help out. You can post it on a board and share with community partners. Those interested in the construction field can reach out. If we share that information people will know about opportunities in the apprenticeship programs.

How should the RWDB prioritize working with employers that provide high quality jobs?

Mike Parker: I think the most important thing is to get employers to commit specific jobs and make arrangements with highschools and community colleges to get on track to get those jobs.

The key thing was the employers committed that anyone who completed the program would have the opportunity. The other part is to get that integrated in the high schools and community colleges. That is where the training needs to take place.

Della Randolph: We should vet candidates for the skill set. We need to find a great fit. Might need accommodations.

Richmond Housing Authority: In the past couple of years we have solicited proposals from developers to build public housing. When we work with federal funds, we score the proposal higher when they do section 3 hiring which is for low and very low income individuals. If they anticipate hiring into their organization after the project duration. Some kind of early contact during the RFP.

Richmond Workforce Development Board Meeting

Minutes – January 14, 2021

LaTanya Dandie: A lot of our community members are housed at the hotel looking for employment that may not have the requirements. They have mental health, housing, child care, transportation issues while we are in a pandemic. We need to add all of those things in consideration. We need to be mindful and add that into an aspect of how we will make that work with employment.

Dan Torres (Business Agent Local 483): Richmond does an excellent job with requiring Local hire but I feel as a Board, we need to emphasize this with the developers that are coming into town to build in this community. When you have a local hire component, there is a pathway to jobs. When developers are coming to town. The building trades help out veterans. Richmond already does a great job, but there are always developers coming in wanting to use lower paid craftsmen from out of the area.

What do you consider to be the priority high-need populations, and how can the RWDB more effectively serve these groups?

Richard Johnson: One of the priority populations would continue to be veterans. We have the Work opportunity tax credits. Those are a great incentive for employers to hire from the population groups. The population reaching out during COVID can be done through phones.

Della Randolph (Department of Rehabilitation): People with disabilities. Reaching out in different formats and having employers become more educated about working with people who might need accommodations in the workplace.

Mike Parker: People of color who have been most impacted by COVID, that is the group we should be targeting.

From your perspective, in the sector you represent, what are the most important new strategies that need to be developed to respond to the challenges presented by COVID-19?

LaTanya Dandie: People of color. Youth and vets of color who are having a hard time get applications. We have outlets. We do have billboards that people do see as they go by. It has to be outreach that is specific to bring people in. If you do not direct the outreach to them, it has to be in a format where kids are interested. People are having mental health issues where they are feeling down in a way where they know it is for a specific group.

Della Randolph: The demographics that are out there to suggest that underserved populations need to be targeted.

Richmond Workforce Development Board Meeting

Minutes – January 14, 2021

Hakim Johnson (Chevron): The challenges presented by COVID. Job training standpoint.

There needs to be a little more work when it comes to identifying strategies. How do we get people ready to be back in the workforce when they do not have the skillset. People are at home and unemployed, so how do you continue the education and job training? That is a challenge of how to engage and broaden outreach while not being physically around.

Public Comment
No comments.

Announcements
A farewell video was played to honor Mr. Sal Vaca.

Next RWIB Meeting
Thursday, March 11, 2021
Zoom Meeting

Attendees
Adam Elomani in place of John Troughton, Bouakhay Phongboupha, Carrianne Huss, Cassandra Youngblood, Charita Patterson, Charles Carpenter, Dan Torres, Della Randolph, Dominique Roache-Green, Fred Lucero, Geovanni Flores, Hakim Johnson, Itza Gonzalez, Jeffrey Carr, Jill Perry, Karen Norwood, LaTanya Dandie, Len Turner, Michael Parker, Michael Peritz, Nancy Seto, Nanette Beacham, Ranjana Maharaj, Richard Johnson, Rosemrary Viramontes, Ruben Lizardo, Sal Vaca, Sandra Duenas, Sandra Escalante, Sarah Wally, Steve Schultz, Uche Uwahemu, Xavier Abrams, Zachary Shapiro

- Meeting adjourned at 1:14p.m. -

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

AGENDA
Tuesday, February 2, 2021
4:30 p.m.

PLEASE SEE

PUBLIC COMMENT PROCEDURES

HIGHLIGHTED IN RED

Link to City Council Agendas/Packets
http://sireweb.ci.richmond.ca.us/sirepub/meet.aspx

Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

Mayor Vice Mayor
Thomas K. Butt Nathaniel Bates
Councilmembers
Claudia Jimenez
Demnlus Johnson III
Eduardo Martinez
Gayle McLaughlin
Melvin Willis

ALL CITY COUNCIL MEMBERS WILL PARTICIPATE VIA TELECONFERENCE

Housing Authority Tenant Commissioners
Jaycine Scott
Vacant

CORONAVIRUS DISEASE (COVID-19) ADVISORY

Due to the coronavirus (COVID-19) pandemic, Contra Costa County and Governor Gavin Tuesday, February 2, 2021
5 MEETING PROCEDURES

The City of Richmond encourages community participation at its City Council meetings and has established procedures that are intended to accommodate public input in a timely and time-sensitive way. As a courtesy to all members of the public who wish to participate in City Council meetings, please observe the following procedures:

PUBLIC COMMENT ON AGENDA ITEMS: Anyone who desires to address the City Council on items appearing on the agenda must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Your name will be called when the item is announced for discussion.

Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON- PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

CONSENT CALENDAR: Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the audience or the City Council.

A member of the audience requesting to remove an
item from the consent calendar that is sponsored by City staff must first complete a speaker’s card and discuss the item with a City staff person who has knowledge of the subject material prior to filing the card with the City Clerk and prior to the City Council’s consideration of Agenda Review.

Councilmembers who request to remove an item from the consent calendar must do so during Agenda Review. An item removed from the Consent Calendar may be placed anywhere on the agenda following the City Council’s agenda review.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate.

Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

CITY HARASSMENT POLICY: The City invites public comment and critique about its operations, including comment about the performance of its public officials and employees, at the public meetings of the City Council and boards and commissions. However, discriminatory or harassing comments about or in the presence of City employees, even comments by third parties, may create a hostile work environment, if severe or pervasive. The City prohibits harassment against an applicant, employee, or contractor on the basis of race, religious creed, color, national origin, ancestry, physical disability, medical condition, mental disability, marital status, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity, age or veteran status, or any other characteristic protected by federal, state or local law. In order to acknowledge the public’s right to comment on City operations at public meetings, which could include comments that violate the City’s harassment policy if such comments do not cause an actual disruption under the Council Rules and Procedures, while taking reasonable steps to protect City Tuesday, February 2, 2021
6 employees from discrimination and harassment, City Boards and Commissions shall adhere to the following procedures. If any person makes a harassing remark at a public meeting that violates the above City policy prohibiting harassment, the presiding officer of the meeting may, at the conclusion of the speaker’s remarks and allotted time: (a) remind the public that the City’s Policy Regarding Harassment of its Employees is contained in the written posted agenda; and (b) state that comments in violation of City policy are not condoned by the City and will play no role in City decisions. If any person makes a harassing remark at a public meeting that violates the above City policy, any City employee in the room who is offended by remarks violating the City’s policy is excused from attendance at the meeting. No City employee is compelled to remain in attendance where it appears likely that speakers will make further harassing comments. If an employee leaves a City meeting for this reason, the presiding officer may send a designee to notify any offended employee who has left the meeting when those comments are likely concluded so that the employee may return to the meeting. The presiding officer may remind an employee or any council or board or commission member that he or she may leave the meeting if a remark violating the City’s harassment policy is made. These procedures supplement the Council Rules and Procedures relating to disruption of orderly conduct at Council meetings.

Any law enforcement officer on duty or whose service is commanded by the presiding officer shall be Sergeant-at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings (City Council Rules of Procedure and Order Section III F, RMC Section

2.12.030).

********************************************************** Tuesday, February 2, 2021
7 OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE

CLOSED SESSION

4:30 p.m.

A. ROLL CALL

B. PUBLIC COMMENT BEFORE CLOSED SESSION

C. ADJOURN TO CLOSED SESSION

CLOSED SESSION

Shimada Room of the Community Services Building

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(paragraph (1) of Subdivision [d] of Government Code Section 54956.9):

Richmond Shoreline Alliance et al. v. City of Richmond

Levin Terminal v. City of Richmond

Wolverine Fuels Sales v. City of Richmond

Phillips 66 v. City of Richmond

Tuesday, February 2, 2021
8 REGULAR MEETING OF THE RICHMOND CITY COUNCIL

6:30 p.m.

A. ROLL CALL

B. STATEMENT OF CONFLICT OF INTEREST

C. AGENDA REVIEW

D. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION

E. REPORT FROM THE CITY MANAGER

F. OPEN FORUM FOR PUBLIC COMMENT

G. CITY COUNCIL CONSENT CALENDAR

G-1. RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of Government Code - Finance Department (Belinda Brown/Vrenesia Ward 621-1211).

G-2. RECEIVE the City’s Investment and Cash Balance Report for the month of December 2020 - Finance Department (Belinda Brown/Delmy Cuellar 620- 6790).

G-3. APPROVE appointment to the Workforce Development Board; APPOINT La'Tanya Dandie new appointment, seat #8, economic development and community representative, term expiration date March 1, 2025 - Office of the Mayor (Mayor Tom Butt 620-6502).

G-4. PROCLAMATION declaring February 2021 as Black History Month in the City of Richmond - Office of the Mayor (Mayor Tom Butt 620-6502).

G-5. APPROVE a contract with Governmentjobs.com dba NeoGov (NeoGov) for the existing Insight Enterprise Software License and a subscription to Governmentjobs.com for a term beginning January 27, 2021, and ending January 26, 2022 - Human Resources Management Department (Anil Comelo 620-6609).

G-6. ADOPT a resolution approving the first amendment to the Regulatory Agreement between the City of Richmond and the Borrower providing for the payment of the Monitoring Fees to the City annually in advance after the Discharge Date of the Bonds issued by the City in 2004 related to the Baycliff Apartments project - Community Development Department (Lina Velasco 620- 6841).

Tuesday, February 2, 2021
9 G-7. ADOPT a resolution designating the Employment & Training Department as America’s Job Center of California (AJCC) operator and career services provider for the Richmond Workforce Development Board pursuant to the Workforce Innovation and Opportunity Act of 2014, and adopting the Richmond Workforce Development Board Recertification Request for Program Years 2021-2023 - Employment and Training Department (Sal Vaca 307-8008).

G-8. ADOPT a resolution authorizing the execution of a construction contract with Ghilotti Bros., Inc., for construction of the Castro Ranch Road Rehabilitation Project in an amount not to exceed $3,131,450.47, including a 10% contingency ($284,677.31) - Public Works Department (Yader A Bermudez 774- 6300/Tawfic Halaby 621-1612).

G-9. ADOPT a resolution authorizing the city manager to accept a Grant of Easement from the West Contra Costa Unified School District Board of Education, and to sign the Certificate of Acceptance in order to record the Easement with the County Recorder - Public Works Department (Yader A Bermudez/Dane Rodgers 307-8112).

G-10. APPROVE the Fiscal Years (FY) 2020-2022 Love Your Block Mini-Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement and AUTHORIZE the City Manager or designee to administer grant award agreements and disburse grant funds upon selection of recipients - Community Services Department (Ranjana Maharaj 620-6972).

G-11. RATIFY an agreement with Contra Costa County Health Services (CCHS) and all ancillary documents to establish a COVID-19 vaccine center at the Richmond Memorial Auditorium, 403 Civic Center Plaza - City Manager's Office (Shasa Curl 620-6512).

H. PUBLIC HEARINGS

H-1. HOLD a public hearing relating to the proposed issuance of revenue bonds by the California Municipal Finance Authority ("CMFA"), in an amount not to exceed $48,000,000, in connection with the issuance of revenue bonds for Richmond Hacienda, L.P. or a partnership created by Mercy Housing, Inc. The proceeds of the bonds will enable the borrower to finance the acquisition, rehabilitation, improvement and equipping of a 150-unit affordable senior housing facility, located at 1300 Roosevelt Avenue in the City of Richmond; and ADOPT a resolution to approve the proposed financing by the CMFA - Finance Department (Belinda Brown/Delmy Cuellar 620-6790).

I. RESOLUTIONS

I-1. ADOPT a resolution in support of a just transition from fossil fuels - Councilmember Martinez (620-6593).

Tuesday, February 2, 2021
10 J. COUNCIL AS A WHOLE

J-1. 1) DISCUSS and provide direction to staff on a site for the Safe Parking Program; 2) ACCEPT and APPROPRIATE a $260,000 HEAP grant from Contra Costa County for this program; and 3) APPROPRIATE $300,000 of Affordable Housing In-lieu fee for this program; and 4) AUTHORIZE the City Manager to negotiate and execute a sole source contract with Housing Consortium of the East Bay, for a not to exceed amount of $560,000, to establish and manage the safe parking program facility - Community Development Department (Lina Velasco 620-6706).

J-2. APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2021 - Mayor's Office (Mayor Tom Butt 620-6502).

K. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)

L. ADJOURNMENT

**********************************************************

This agenda may be previewed on KCRT – Channel 28, Richmond Television, City website www.ci.richmond.ca.us. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the Main Counter at City Hall located at 450 Civic Center Plaza.

cc2Feb2021 - Draft

sl/prc
RICHMOND, CALIFORNIA, February 2, 2021
The Richmond City Council Evening Open Session was
called to order at 4:34 p.m. by Mayor Thomas K. Butt via teleconference.

Due to the coronavirus (COVID-19) pandemic, Contra
Costa County and Governor Gavin Newsom issued multiple orders requiring sheltering in place, social distancing, and reduction of person-to-person contact. Accordingly, Governor Gavin Newsom issued executive orders that allowed cities to hold public meetings via teleconferencing (Executive Order N-29-20).

DUE TO THE SHELTER IN PLACE ORDERS, attendance
at the City of Richmond City Council meeting was limited to Councilmembers, essential City of Richmond staff, and members of the news media. Public comment was confined to items appearing on the agenda and was limited to the methods provided below.

Consistent with Executive Order N-29-20, this meeting utilized teleconferencing only. The following provides information on how the public participated in the meeting.

The public was able to view the meeting from home on KCRT Comcast Channel 28 or AT&T Uverse Channel 99 and livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live
.

Written public comments were received via email to
[email protected]. Comments received by
1:00 p.m. on February 2, 2021, were summarized at the meeting, put into the record, and considered before Council action.

Comments received via email after 1:00 p.m. and up until the public comment period on the relevant agenda item closed, were put into the record. Public comments were also received via teleconference during the meeting. Attached herewith all written public comments received.

ROLL CALL

Present: Councilmembers Demnlus Johnson III, Gayle
McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent:

Councilmembers Claudia Jimenez, Eduardo Martinez, and Vice Mayor Nathaniel Bates arrived after the roll was called.

PUBLIC COMMENT

The city clerk announced the public comment procedures
and that the purpose of the Open Session was for the City Council to hear public comments on the following items to be discussed in Closed Session:

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9):

Richmond Shoreline Alliance et al. v. City of Richmond
Levin Terminal v. City of Richmond
Wolverine Fuels Sales v. City of Richmond
Phillips 66 v. City of Richmond

cc2Feb2021 - Draft

sl/prc
The following individuals gave comments via
teleconference regarding the Richmond Shoreline Alliance et al. v.

City of Richmond litigation item: Tarnel Abbott, Sherry Padgett, Deborah Bayer, Jeanne Kortz, Carolyn Graves, Pam Stello, Maggie Paul Lazar, Janet S. Johnson, Sara Theiss, Margaret Childs, Dorothy Gilbert, and Faris Jessa.

The Open Session adjourned to Closed Session at 4:59 p.m.

Closed Session adjourned at 6:27 p.m.

The Regular Meeting of the Richmond City Council was
called to order at 6:31 p.m. by Mayor Butt via teleconference.

ROLL CALL

Present: Councilmembers Jimenez, Johnson, Martinez,
McLaughlin, Willis, and Mayor Butt. Absent: Vice Mayor Bates arrived after the roll was called.

STATEMENT OF CONFLICT OF INTEREST

None.

AGENDA REVIEW

Item J-2 was withdrawn from the agenda.

The city clerk announced the public comment procedures
published on the agenda.

REPORT FROM THE CITY ATTORNEY ON FINAL

DECISIONS MADE DURING CLOSED SESSION

City Attorney Theresa Stricker stated there were no final actions to report.

REPORT FROM THE CITY MANAGER

City Manager Laura Snideman announced that the City of
Richmond’s Recreation Division was hosting virtual cooking classes at 5:00 p.m. on Thursdays, starting on February 11 through March 4, 2021. Ms. Snideman reminded the community of the Transparent Richmond open data and performance reporting website that allowed the community to explore Richmond's data and strategic goals.

OPEN FORUM FOR PUBLIC COMMENT

The following individuals gave comments via
teleconference:

Emily Ross gave comments in support of a street sweeping program. Ms. Ross stated that it was the responsibility of Richmond elected officials to provide accurate information to residents.

Janet S. Johnson urged the City of Richmond to change its direction regarding the AstraZeneca site in Richmond and reach a settlement agreement. Ms. Johnson requested that the Department of Toxic Substances Control reopened their review to clean the site to residential standards.

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Tarnel Abbott requested the City of Richmond to reopen the Richmond Campus Bay Environmental Impact Report in
consideration of the revised United States Environmental Protection Agency trichloroethylene health risk standards and global warming sea level rise predictions. Ms. Abbott announced that the Richmond Southeast Shoreline Area Community Advisory Group met
monthly.

Marisol Cantu gave comments regarding appointments to the City of Richmond and regional boards and commissions. Ms. Cantu expressed concerns regarding the lack of diversity of the Citizens Police Review Commission (CPRC). Ms. Cantu urged Mayor Butt to consider appointing Councilmember Jimenez as a council-liaison to the CPRC.

CITY COUNCIL CONSENT CALENDAR

On motion of Councilmember Willis, seconded by
Councilmember Martinez, the items marked with an (*) were approved by the following vote: Ayes: Councilmembers Jimenez, Johnson, Martinez, McLaughlin, Willis, and Mayor Butt. Noes:

None. Absent: Vice Mayor Bates. Abstained: None.

*G-1. Received the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code.

*G-2. Received the City of Richmond’s Investment and
Cash Balance Report for the month of December 2020.

*G-3. Approved appointment to the Workforce
Development Board; appointed La'Tanya Dandie new
appointment, seat #8, economic development and community representative, term expiration date March 1, 2025.

*G-4. Proclamation declaring February 2021 as Black
History Month in the City of Richmond.

*G-5. Approved a contract with Governmentjobs.com dba
NeoGov for the existing Insight Enterprise Software License and a subscription to Governmentjobs.com for a term beginning January 27, 2021, and ending January 26, 2022.

*G-6. Adopted Resolution No. 7-21 approving the first
amendment to the Regulatory Agreement between the City of Richmond and the borrower providing for the payment of the Monitoring Fees to the City of Richmond annually in advance after the Discharge Date of the Bonds issued by the City in 2004 related to the Baycliff Apartments project.

*G-7. Adopted Resolution No. 8-21 designating the
Employment & Training Department as America’s Job Center of California (AJCC) operator and career services provider for the Richmond Workforce Development Board pursuant to the
Workforce Innovation and Opportunity Act of 2014, and adopting the Richmond Workforce Development Board Recertification Request for Program Years 2021-2023.

*G-8. Adopted Resolution No. 9-21 authorizing the
execution of a construction contract with Ghilotti Bros., Inc., for construction of the Castro Ranch Road Rehabilitation Project in an amount not to exceed $3,131,450.47, including a 10% contingency ($284,677.31).
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*G-9. Adopted Resolution No. 10-21 authorizing the c ity manager to accept a Grant of Easement from the West Contra Costa Unified School District Board of Education, and to sign the Certificate of Acceptance in order to record the Easement with the County Recorder.

*G-10. Approved the Fiscal Years (FY) 2020-2022 Love
Your Block Mini-Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement and authorized the city manager or designee to administer grant award agreements and disburse grant funds upon selection of recipients.

*G-11. Ratified an agreement with Contra Costa County
Health Services (CCHS) and all ancillary documents to establish a COVID-19 vaccine center at the Richmond Memorial Auditorium, 403 Civic Center Plaza.

PUBLIC HEARINGS

H-1. The city clerk announced that it was time, pursuant to public notice, to hold a public hearing relating to the proposed issuance of revenue bonds by the California Municipal Finance Authority ("CMFA"), in an amount not to exceed $48,000,000, in connection with the issuance of revenue bonds for Richmond Hacienda, L.P. or a partnership created by Mercy Housing, Inc.

The proceeds of the bonds enabled the borrower to finance the acquisition, rehabilitation, improvement, and equipping of a 150-unit affordable senior housing facility, located at 1300 Roosevelt Avenue in the City of Richmond; and adopt a resolution to approve the proposed financing by the CMFA. Finance Director Belinda Brown introduced the item. Anthony Stubbs of the California Municipal Finance Authority presented a Powerpoint that highlighted the Tax Equity Fiscal Responsibility Act and the role of the CMFA. Michael Kaplan of Mercy Housing, Inc. presented the Hacienda Apartments project update and schedule.

Discussion ensued. The Council recommended the right of first refusal for former residents that were previously vacated from the Hacienda Apartments. The Council requested a list of all the cities that were part of the CMFA joint powers authority. Mayor Butt declared the public hearing open. Naomi Williams and Scarlet Silver gave comments via teleconference. Mayor Butt closed the public hearing. On motion of Councilmember Willis, seconded by Councilmember Johnson, adopted Resolution No. 11-21 by the unanimous vote of the City Council.

RESOLUTIONS

I-1. The matter to adopt a resolution in support of a just transition from fossil fuels was introduced by Councilmember Martinez. The following individuals gave comments via
teleconference: Tarnel Abbott, Floy Andrews, Andres Soto, and Nick Despota. Discussion ensued. A motion was made by Councilmember Martinez, seconded by Councilmember Willis, to adopt said resolution. A friendly amendment made by Vice Mayor Bates directing staff to return to the Council with a data analysis within thirty days on this matter was accepted. The motion adopted Resolution No. 12-21 and directed staff to provide a data analysis by the unanimous vote of the City Council.

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COUNCIL AS A WHOLE

J-1. The matter to 1) discuss and provide direction to
staff on a site for the Safe Parking Program; 2) accept and appropriate a $260,000 Homeless Emergency Aid Program grant from Contra Costa County for this program; 3) appropriate $300,000 of Affordable Housing In-lieu fee for this program; and 4) authorize the city manager to negotiate and execute a sole source contract with Housing Consortium of the East Bay, for a not to exceed amount of $560,000, to establish and manage the safe parking program facility was introduced by Community
Development Director Lina Velasco. Planner Emily Carroll and Crime Prevention Manager Michelle Milam presented a
Powerpoint that highlighted the following: Safe Parking Program background, past survey, and study; 2020 Point in Time Count data; proposed one-year Safe Parking Pilot Program; target population and selection criteria; funding; site analysis, criteria, and recommended sites by ranking; operator and scope of work; and next steps. Discussion ensued. The Council requested staff to discuss with the Bay Area Rapid Transit the use of a portion of its property for safe parking overflow if the Lighthouse site at 1800 Barrett Avenue was selected. The following individuals gave comments via teleconference: Nick Despota, Luis Padilla, Angela Cox, Tom Kelly, Stacey Walker, Leisa Johnson, Tarnel Abbott, Beverly Galloway, and Naomi Williams. Further discussion ensued. A motion made by Councilmember McLaughlin,
seconded by Mayor Butt, to consider the Hilltop Mall parking lot as the first choice site and the Fire Training Center as the second choice site, failed by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, and Mayor Butt. Noes: None. Abstained:

Councilmembers Johnson, Martinez, and Willis. Absent: Vice Mayor Bates. Another motion was made by Councilmember
Willis, seconded by Councilmember Johnson, to consider the Hilltop Mall parking lot as the first choice site and the Richmond Civic Center parking lot as the second choice site. A friendly amendment made by Councilmember McLaughlin, to make certain that staff was aware of the homeless encampment at the Richmond Main Library, and safety concerns of the library employees were addressed humanely as soon as possible, was accepted. The motion directed staff to consider the Hilltop Parking lot or Richmond Civic Center sites respectively, with the friendly amendment by the following vote: Ayes: Councilmembers Jimenez, Johnson, Martinez, McLaughlin, and Willis. Noes:

Mayor Butt. Abstained: None. Absent: Vice Mayor Bates.

J-2. Withdrawn from the agenda, the matter to
approve appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees, and Liaison Positions for the year of 2021.

REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)

Councilmember Johnson wished everyone a Happy Black
History Month. Councilmember Johnson shared the history of the annual observance and theme. Councilmember Johnson
announced that the City of Richmond was holding a Pan African flag-raising ceremony.

Councilmember Willis conveyed eligible community
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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

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

*****************************
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

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

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

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

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 Dorham-
Kelly
Rubicon
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]).

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

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

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.

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.

• 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).

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 thi s 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

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
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 sub­ contractual agreement with another party, all methods for pursuing collection of the Final 2
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 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 sub­ agreements. 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
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

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 approve d by the RWDB and CEO of th e Area.

Richmond Workforce Developme fB.) ard Chair City of Richmond, Chief Elected Official j)~ By: By:

Signature
Cassandra Youngblood Tom Butt
Typed Name Typed Name
Date Date
6 Final

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

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 decision- making, 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.

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 Richm ond, 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.

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, brother- in-law, sister -in-law, grandparents, step -grandparents, spouse's grandparents, spouse's step - grandparents, 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.

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

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

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 Boar d 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 Pr oposed Rule became effective July 1, 2015. All WIOA- funded 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.

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 Ci ty 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) s ubmitted 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.

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 specificatio ns, 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 pur pose 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 C ontracting 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 estimat ed 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.

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 lear ning skills; Communication skills; Interviewing skills; Punctuality; Personal maintenance skills; Professional conduct.

Invitation for Bid (IFB) - a type of solicitation document, us ed 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 pr oposal processes. Those categories are further subdivided to describe various types of procurement processes. (See Methods of Procurement in Section IV.)

Price Analysis - is the process of examining and evaluating a proposed price without evaluating its separate cost elements and prop osed 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 acquiri ng 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 sa tisfactory 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.

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 oppor tunities 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

 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 procur ement 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 (m ailing 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.

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.

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 sm all 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 transacti ons 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

* 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 sub- grantees.

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 o ffered 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

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 Bids- on-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

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.

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 gr antees 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).

 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 contra ct 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 submitt ed, market prices and similar indicia, together with discounts.

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 contai n 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 procedur es 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 t he 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,

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 25
th 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 IF Bs 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.

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.

 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 t hat may be of assistance in distinguishing sub- grantees 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.

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/ Conflic t of Interest Statements

The City of Richmond’s Code of Conduct/Conflict of In terest 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 aw ard. 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 sub- grantees 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

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, computer s, 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 ab ility 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).

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 sub- grantee 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 sub- grantees 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.

It is the intention of the City of Richmond LWDA to enter into performance-based agreements whenever possible, but cost-reimbursement agreem ents 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
.

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.)

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

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 CAL- Card 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.

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.

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

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,

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 co mpleted 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 shal l 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/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

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.

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.

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 per sonnel 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 co mpleted 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 shal l 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

 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 solicitati ons 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.

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 per sonnel 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.

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 pr ofessional 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 co mpleted 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.

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 shal l 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)

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;

 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 cost- reimbursement 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:

 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 qualifications- based 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 aut horizes 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)

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 pre- procurement 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 procur ement 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 non- Federal 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 perc ent 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)