Pre-proposal Audio https://cityofberkeley.sharepoint.com/:u:/s/planning_dev/OESD/EYjnrlbQn-1OhDKgQj2IohIBW4YCf6Qd_K9wgh0jzs3iNw?e=ArSK4E

Finance Department General Services Division 2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 E-mail: purchasing@cityofberkeley.info Website: cityofberkeley.info/finance/ REQUEST FOR PROPOSALS (RFP) Specification No. 22-11488-C FOR Berkeley Pilot Climate Equity Fund Programs PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY Dear Proposer: The City of Berkeley is soliciting written proposals from qualified firms or individuals for one (1) or more of the Pilot Climate Equity Fund programs for low-income community members related to resilient retrofits for homes, increased access to electric bikes or other forms of electric micro-mobility, and providing access to resilience measures and electrification engagement. Budgets are requested as part of the proposal, but price is not included in the selection criteria for this Request for Proposal (RFP) (Section IV). The project scope, content of

proposal, and vendor selection process are summarized in the RFP (attached). Proposals must be received no later than 2:00 pm, on Tuesday, January 25, 2022. Proposals are to be sent via email with the subject “Berkeley Pilot Climate Equity Fund Programs” and Specification No. 22-11488-C clearly indicated in the subject line of the email. Please submit one (1) PDF of Attachment J - Proposal Application, and all other required attachments. Email Proposals to: City of Berkeley Finance Department/General Services Division purchasing@cityofberkeley.info Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer has read the RFP and understands all the requirements and conditions. For questions concerning the anticipated work, or scope of the project, please contact Billi Romain, Manager, Office of Energy & Sustainable Development, via email at electric@cityofberkeley.info no later than January 7, 2022. Answers to questions will not be provided by telephone or email. Answers to all questions or any addenda will be posted on the City of Berkeley’s site at http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128. It is the vendor’s responsibility to check this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320. We look forward to receiving and reviewing your proposal. Sincerely, Darryl Sweet General Services Manager mailto:purchasing@cityofberkeley.info mailto:purchasing@cityofberkeley.info mailto:electric@cityofberkeley.info http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128 City of Berkeley Specification No. 22-11488-C Page 2 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 I. INTRODUCTION The City of Berkeley (the City) established a Pilot Climate Equity Fund to provide climate and resilience benefits to low-income residents in Berkeley through programs that support building and transportation electrification. While low-income households typically have low greenhouse gas (GHG) emissions, they often bear the greatest burdens of a changing climate. The purpose of this funding is to maximize equitable GHG emissions reductions and climate adaptation and resilience benefits for income qualified households. The City seeks a qualified organization(s) or team(s) to deliver climate equity programs that provide meaningful benefits to low-income residents in Berkeley in one (1) or multiple of the Program Areas defined within the Scope of Services. Proposals should be consistent with the goals of the Equity Guardrails developed as part of Berkeley’s Existing Buildings Electrification Strategy1 (BEBE Strategy), described below. • Maximize Access to Health, Safety & Mobility Benefits: Proposed projects should prioritize the benefits of building and transportation electrification including health, safety, and comfort to those most impacted by climate change. • Maximize Access to Economic Benefits: Proposed projects should leverage incentives and financing, reduce costs when possible, and support high-road job opportunities when possible. • Maximize Ease of Participation: Proposed projects should be easy for all community members to access, and should be integrated with other programs and services when possible. • Promote Housing Affordability & Anti-Displacement: Proposed programs should support housing preservation and tenant protections, and not displace renters or homeowners. II. SCOPE OF SERVICES Projects and proposals within the Program Areas below should be designed to enhance community resilience, reduce GHG emissions, and address the Equity Guardrails. Proposers may respond to one or more of the scope of services programs outlined below by completing Attachment J – Berkeley Pilot Climate Equity Fund Proposal Application. The intent of this solicitation is to award at least one project in each Program Area. The City reserves the right to modify the scope of the projects and may award more or less funding than specified in the Program Areas. The term for these programs is two years from contract execution. The goal of the Pilot Climate Equity Fund Programs is to support building decarbonization and transportation modal shifts that enhance community resilience. Proposed projects should seek to maximize the number of community members actively engaged and households served. Program Areas: The three Program Areas can be found below with relevant eligibility requirements for each category. Eligibility requirements vary for each Program Area. 1. Resilient Home Retrofit Pilot The Resilient Home Retrofit Pilot seeks to support building decarbonization that enhances resilience, supports occupants and reduces GHG emissions. The BEBE Strategy identified home repair and maintenance needs that accompany building electrification as a major challenge to decarbonizing existing residential buildings in Berkeley. While there are some resources to support these repairs for income- qualified homes, it is difficult for low-income residents to access multiple programs that have different application processes and eligibility requirements. This program area seeks to demonstrate how retrofit funding available to income-qualified households can be combined with other programs to leverage greater benefits. 1 The Equity Guardrails, a concept developed as part of Berkeley’s Existing Buildings Electrification Strategy, act as minimum standards that must be met for any proposed electrification policy to be considered. See report for more information: https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _Commissions/Commission_for_Energy/EC2021-10- 27_Item%208_Berkeley%20Existing%20Building%20Electrification%20Strategy.pdf https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_Commissions/Commission_for_Energy/EC2021-10-27_Item%208_Berkeley%20Existing%20Building%20Electrification%20Strategy.pdf https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_Commissions/Commission_for_Energy/EC2021-10-27_Item%208_Berkeley%20Existing%20Building%20Electrification%20Strategy.pdf https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_Commissions/Commission_for_Energy/EC2021-10-27_Item%208_Berkeley%20Existing%20Building%20Electrification%20Strategy.pdf City of Berkeley Specification No. 22-11488-C Page 3 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 Proposed projects should integrate electrification and energy efficiency measures with other income- qualified housing improvement programs serving low-income households in single family and/or multifamily buildings. Homes being served must be in Berkeley. Examples of eligible expense for this program area include labor and equipment for building envelope improvements, solar photovoltaic systems, induction ranges, heat pump water heaters, and/or heat pump air space heating/cooling, and related work for buildings with income-qualified residents. Selected proposers will request funding based on specific scopes of work, which will be reviewed by the City. Once approved, projects may receive partial funding in advance with the balance reimbursed upon completion. Funding for approved projects will be drawn down from the total amount of dedicated funding for this program area. Total funding available for Program Area #1 is $250,000. Eligible applicants for Program Area #1: Resilient Home Retrofit Pilot include organizations that provide rehabilitation, capital improvements, weatherization, and/or energy services for income-qualified single and/or multifamily housing. 2. Electric Mobility Access Pilot The Electric Mobility Access Pilot seeks to enhance mobility for low-income community members in ways that reflect community priorities and support modal shifts. Goals for this program area are consistent with those of the Berkeley Electric Mobility Roadmap2: • Ensure equity in access to electric mobility • Improve alternatives to driving • Achieve zero carbon emissions Proposed projects should demonstrate how increased access to bicycles, electric bicycles, electric scooters, or other forms of micromobility can support low-income residents in Berkeley. Examples of eligible expenses for this program area include costs related to community engagement and partnership, equipment purchases, operating costs, printing materials, community events, and/or staff time for program design and implementation. Total funding for Program Area #2 is $250,000. Budgets must be itemized. Eligible applicants for Program Area #2: Electric Mobility Access Pilot include community-based organizations serving income-qualified community members. 3. Community Access to Resilience Measures and Electrification Engagement Pilot Communities of color and other historically marginalized people continue to suffer harms from racism and other forms of oppression, including increased risks of experiencing the impacts of climate change first and worst. The objective of the Community Access to Resilience Measures and Electrification Engagement Pilot is to meaningfully engage low-income community members in Berkeley to amplify their voices, elevate their experiences and build their capacity to collaborate as partners in developing and implementing climate change and resilience solutions. Proposed projects should demonstrate ways to build capacity and resilience in low-income communities, and provide access to measures and resources that address priorities that they have identified. Examples of eligible expenses in this program area include: • Providing access to resilience measures through the purchase and distribution of electrification and resilience resources and equipment such as induction cooktop hobs, portable batteries, air purifiers, transit passes, shared electric mobility memberships, etc. • Conducting outreach, education and community engagement to build relationships and identify community priorities around health, transportation, air quality, etc. • Building capacity for organizations and individuals representing low-income communities to 2 Berkeley’s Electric Mobility Roadmap was adopted by the Berkeley City Council on July 21, 2020. https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _Energy_and_Sustainable_Development/City%20of%20Berkeley%20Electric%20Mobility%20Roadmap_2020.pdf https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_Energy_and_Sustainable_Development/City%20of%20Berkeley%20Electric%20Mobility%20Roadmap_2020.pdf https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_Energy_and_Sustainable_Development/City%20of%20Berkeley%20Electric%20Mobility%20Roadmap_2020.pdf City of Berkeley Specification No. 22-11488-C Page 4 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 engage around climate and resilience by providing mini-grants or stipends. Total funding for Program Area #3 is $100,000. Budgets must be itemized. Eligible applicants for Program Area #3: Community Access to Resilience Measures and Electrification Engagement Pilot include community-based organizations serving income-qualified community members in Berkeley. Optional Virtual Bidders’ Conference: The City will hold at least one optional virtual bidders’ conference prior to the proposal submission due date to answer questions. All questions and answers will be provided publicly on the City’s website. For more information on the virtual bidders’ conference, see https://www.cityofberkeley.info/RFP/, and scroll to RFP 22-11488-C. The first virtual bidders’ conference will take place on December 13, 2021 at 4 PM. Join Zoom Meeting: https://us06web.zoom.us/j/89300657612 Meeting ID: 819 7118 3833 One tap mobile +16699006833,,81971183833# US (San Jose) +13462487799,,81971183833# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) 888 788 0099 US Toll-free 833 548 0276 US Toll-free 833 548 0282 US Toll-free 877 853 5247 US Toll-free Meeting ID: 819 7118 3833 Find your local number: https://us06web.zoom.us/u/kBKv0VxgF If another bidders’ conference is deemed necessary, the City will amend the RFP to provide notice of another meeting prior to the proposal submission due date. The anticipated timeline for this RFP and program implementation can be found below. Please note these dates are subject to change. Timeline 2021 2022 2023/24 Nov Dec Q-1 Q-2 Q-3 Q-4 Issue Request for Proposals Issued 12/3/2021 Due 1/25/22 Bidders’ Conference 12/13/21 Select projects City Council Execute contracts Implement programs https://www.cityofberkeley.info/RFP/ https://us06web.zoom.us/j/89300657612 https://us06web.zoom.us/u/kBKv0VxgF City of Berkeley Specification No. 22-11488-C Page 5 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 III. SUBMISSION REQUIREMENTS All proposals shall provide information in Attachment J: Berkeley Pilot Climate Equity Fund Proposal Form. A proposal in any other format or document other than Attachment J will not be accepted. All proposers shall complete Section A - Mandatory Questions, and complete any applicable program area(s) in Sections B, C, and/or D of Attachment J. The proposal should be concise. Please see Appendix A to this RFP for the checklist of items for proposal submission. IV. SELECTION CRITERIA Proposals will be evaluated according to the criteria below: 1. Organization or Team’s Capacity and Readiness to Proceed Up to 23 points • Organization/team has successful track record collaborating with and providing services to low-income and other marginalized communities • Organization/team has experience with building and/or transportation electrification • Organization/team has the staffing capacity necessary to complete the project 2. Program Feasibility Up to 26 points • Proposed program can reasonably be completed within the two-year program term • Proposed program integrates with existing programs serving income-qualified communities • Proposed program leverages other funding sources (e.g. state, federal, or regionally-funded programs) • Proposed program demonstrates effective solutions and may be replicated at a larger scale 3. Engaging Communities Up to 23 points • Proposed program addresses priorities and needs identified by low-income community members • Proposed program builds capacity in low-income communities to engage in climate program development and implementation 4. Community Benefits Up to 23 points • Number of low-income community members served by proposed program (programs with a broad reach are preferred) • Proposed program provides climate adaptation, health, safety, and resilience benefits, such as: • Economic benefits • Mobility benefits • Housing protection • Lasting positive impacts for low-income communities • Reduced greenhouse gas emissions 5. Local Vendor Preference Policy Up to 5 points • The City of Berkeley applies a local vendor preference for scoring RFQ submissions (City Council Resolution No. 69,890-N.S.). See Section VII of this RFP, Paragraph F for more information. V. PAYMENT Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit. Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to Accounts Payable; (List on invoice, Attn: Billi Romain/Planning Department, Office of Energy & Sustainable Development) and reference the contract number. City of Berkeley Specification No. 22-11488-C Page 6 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 City of Berkeley Accounts Payable P.O. Box 700 Berkeley, CA 94710-700 Attn: Billi Romain, Planning, Office of Energy and Sustainable Development Email: AccountsPayable@cityofberkeley.info Phone: 510-981-7310 Payments: The City will make payment to the vendor within 30 days of receipt of a correct, approved and complete invoice. City of Berkeley Specification No. 22-11488-C Page 7 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 VI. CITY REQUIREMENTS A. Non-Discrimination Requirements: Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030) Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate and allows the City access to records necessary to monitor compliance. This section also applies to all contracts and all consultants. Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal. B. Nuclear Free Berkeley Disclosure Form: Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal. C. Oppressive States: The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified Countries. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that is covered by City Council Resolution No. 59,853-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Oppressive States Disclosure Form with their proposal. D. Sanctuary City Contracting Ordinance: Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders must submit the attached Sanctuary City Compliance Statement with their proposal. E. Conflict of Interest: In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee, board or commission member of the City who influences the making of the contract or has a direct or indirect interest in the contract. Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict of interest. Please identify any person associated with the firm that has a potential conflict of interest. F. Berkeley Living Wage Ordinance: City of Berkeley Specification No. 22-11488-C Page 8 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all eligible employees with City mandated minimum compensation during the term of any contract that may be awarded by the City. If the Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of compliance with this ordinance will be required upon execution of a contract. The current Living Wage rate can be found here: https://www.cityofberkeley.info/Finance/Home/Vendors__Living_Wage_Ordinance.aspx. The Living Wage rate is adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was when the contract was executed. G. Berkeley Equal Benefits Ordinance: Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access to benefits that are available to spouses. A certification of compliance with this ordinance will be required upon execution of a contract. H. Statement of Economic Interest: The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form 700, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the contract. The selected contractor will be required to complete the Form 700 before work may begin. VII. OTHER REQUIREMENTS A. Insurance The selected contractor will be required to maintain general liability insurance in the minimum amount of $2,000,000, automobile liability insurance in the minimum amount of $1,000,000 and a professional liability insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract. The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees as additional insured. https://www.cityofberkeley.info/Finance/Home/Vendors__Living_Wage_Ordinance.aspx City of Berkeley Specification No. 22-11488-C Page 9 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 B. Worker’s Compensation Insurance: A selected contractor who employs any person shall maintain workers' compensation insurance in accordance with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation Insurance. C. Business License Virtually every contractor that does business with the City must obtain a City business license as mandated by B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300). Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one annual free license at the discretion of the Director of Finance. (See B.M.C. sections 9.04.290). Vendor must apply for a City business license and show proof of application to Purchasing Manager within seven days of being selected as intended contractor. The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704, issues business licenses. Contractors should contact this division for questions and/or information on obtaining a City business license, in person, or by calling 510-981-7200. D. Recycled Paper Any printed reports for the City required during the performance of the work shall be on 100% recycled paper, and shall be printed on both sides of the page whenever practical. E. State Prevailing Wage: Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et seq. These labor categories, when employed for any “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of the California Labor Code requiring payment of prevailing wages. Wage information is available through the California Division of Industrial Relations web site at: http://www.dir.ca.gov/OPRL/statistics_and_databases.html F. Local Vendor Preference City of Berkeley applies a local vendor preference for scoring RFQ submissions (City Council Resolution No. 69,890-N.S.) A local business is defined as “a business firm with fixed offices or distribution points located within the City of Berkeley boundaries and listed in the Permits and License Tax paid file, with a Berkeley business street address.” Pricing is not considered while reviewing competitive responses for professional services. When evaluating a technical response for professional services, local Berkeley business can earn an additional five (5) points by meeting the following years as a local Berkeley-based business: http://www.dir.ca.gov/OPRL/statistics_and_databases.html City of Berkeley Specification No. 22-11488-C Page 10 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 Years as a Local Business Years in Berkeley Additional Points 0 - 5 1 6 - 10 2 11 - 15 3 16 - 20 4 20 + 5 As an example, if a firm is evaluated and their score is 85/100, and they have been a (verifiable) Berkeley business for 25 years, five (5) points would be added to their score under the heading of “local vendor preference”, and their adjusted score would be 90/100. City of Berkeley Specification No. 22-11488-C Page 11 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 VIII. SCHEDULE (Dates are subject to change) ❑ Issue RFP to Potential Bidders December 3, 2021 ❑ Pre-Bid Workshop/Webinar December 13, 2021 ❑ Questions Due January 7, 2022 ❑ Proposals Due from Potential Bidders January 25 2022 ❑ Complete Selection Process March 1, 2022 ❑ Council Approval of Contract (over $50k) May 31, 2022 ❑ Award of Contract June 1, 2022 ❑ Sign and Process Contract July 26, 2022 ❑ Notice to Proceed July 27, 2022 Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving your proposal. Attachments: • Check List of Required items for Submittal Attachment A • Non-Discrimination/Workforce Composition Form Attachment B • Nuclear Free Disclosure Form Attachment C • Oppressive States Form Attachment D • Sanctuary City Compliance Statement Attachment E • Living Wage Form Attachment F • Equal Benefits Certification of Compliance Attachment G • Right to Audit Form Attachment H • Insurance Endorsement Attachment I • Berkeley Pilot Climate Equity Fund Proposal Application Attachment J City of Berkeley Specification No. 22-11488-C Page 12 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 ATTACHMENT A CHECKLIST ❑ Attachment J: Berkeley Pilot Climate Equity Fund Proposal Application ❑ The following forms, completed and signed in blue ink (attached): o Non-Discrimination/Workforce Composition Form Attachment B o Nuclear Free Disclosure Form Attachment C o Oppressive States Form Attachment D o Sanctuary City Compliance Statement Attachment E o Living Wage Form (may be optional) Attachment F o Equal Benefits Certification (EBO-1) (may be optional) Attachment G ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL APPROVAL TO AWARD CONTRACT. ❑ Provide original-signed in blue ink Evidence of Insurance o Auto o Liability o Worker’s Compensation ❑ Right to Audit Form Attachment H ❑ Commercial General & Automobile Liability Endorsement Form Attachment I ❑ Berkeley Business License For informational purposes only: Sample of Personal Services Contract can be found on the City’s website on the current bid and proposal page at the top of the page. City of Berkeley Specification No. 22-11488-C Page 13 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 City of Berkeley Specification No. 22-11488-C Page 14 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information regarding your personnel as requested below and return it to the City Department handling your contract: Organization: _____________________________________________________________________________________ Address: _______________________________________________________________ Business Lic. #: ___________ Occupational Category: __________________________ (See reverse side for explanation of terms) Total Employees White Employees Black Employees Asian Employees Hispanic Employees Other Employees Female Male Female Male Female Male Female Male Female Male Female Male Official/Administrators Professionals Technicians Protective Service Workers Para-Professionals Office/Clerical Skilled Craft Workers Service/Maintenance Other (specify) Totals: Is your business MBE/WBE/DBE certified? Yes: _____ No: _____ If yes, by what agency? _______________________ If yes, please specify: Male: _____ Female: _____ Indicate ethnic identifications: ___________________________ Do you have a Non-Discrimination policy? Yes: _____ No: _____ Signed: ________________________________________________________________ Date: __________________ Verified by: _____________________________________________________________ Date: __________________ City of Berkeley Contract Compliance Officer Attachment B (page 1) City of Berkeley Specification No. 22-11488-C Page 15 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 Occupational Categories Officials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred workers. Professionals - Occupations that require specialized and theoretical knowledge that is usually acquired through college training or through work experience and other training that provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, and kindred workers. Technicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill that can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences) and kindred workers. Protective Service Workers - Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, and kindred workers. Para-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of a staff development and promotion under a "New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred workers. Office and Clerical - Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers. Skilled Craft Workers - Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the- job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers. Service/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundskeepers, refuse collectors, and construction laborers. Attachment B (page 2) City of Berkeley Specification No. 22-11488-C Page 16 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Nuclear Free Zone Disclosure Form I (we) certify that: 1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may sign this disclosure form, if a description of which type of contracts each individual is cognizant is attached.) 2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons. 3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section 12.90.130: "Work for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work. "Nuclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon. "Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear weapon). 4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear weapons or anticipates entering into such work for the duration of its contract(s) with the City of Berkeley. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: ___________________________________Title:______________________________________ Signature: _______________________________________Date:_____________________________________ Business Entity: ___________________________________________________________________________ Contract Description/Specification No: Project Name/XX-XXXXX Attachment C City of Berkeley Specification No. 22-11488-C Page 17 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Oppressive States Compliance Statement The undersigned, an authorized agent of_________________________________________________ (hereafter "Vendor"), has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S. (hereafter "Resolution"). Vendor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes. Vendor understands the meaning of the following terms used in the Resolution: "Business Entity" means "any individual, firm, partnership, corporation, association or any other commercial organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are related to the purpose of the contract with the City). "Oppressive State" means: Tibet Autonomous Region and the Provinces of Ado, Kham and U-Tsang “Personal Services” means “the performance of any work or labor and shall also include acting as an independent contractor or providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship.” Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any time during the term of the contract it provides Personal Services to: a. The governing regime in any Oppressive State. b. Any business or corporation organized under the authority of the governing regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State. Vendor further understands and agrees that Vendor's failure to comply with the Resolution shall constitute a default of the contract and the City Manager may terminate the contract and bar Vendor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination. The undersigned is familiar with, or has made a reasonable effort to become familiar with, Vendor's business structure and the geographic extent of its operations. By executing the Statement, Vendor certifies that it complies with the requirements of the Resolution and that if any time during the term of the contract it ceases to comply, Vendor will promptly notify the City Manager in writing. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: ___________________________________Title:________________________________________ Signature: _______________________________________ Date: ______________________________________ Business Entity: ______________________________________________________________________________ Contract Description/Specification No: Project Name/XX-XXXXX I am unable to execute this Statement; however, Vendor is exempt under Section VII of the Resolution. I have attached a separate statement explaining the reason(s) Vendor cannot comply and the basis for any requested exemption. Signature: _______________________________________ Date:_______________________________________ Attachment D City of Berkeley Specification No. 22-11488-C Page 18 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Sanctuary City Compliance Statement The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of Berkeley Code Chapter 13.105 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO: a. "Data Broker” means either of the following: i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used. b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services." Extreme Vetting does not include: i. The City’s computer-network health and performance tools; ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer based activity. Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE. Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination. By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and up to a $1,000 fine. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _______ day of ________, 20__, at _____________, California. Printed Name: Title: Signed: Date: Business Entity: Contract Description/Specification No: Project Name/XX-XXXXX SCCO CompStmt (10/2019) Attachment E City of Berkeley Specification No. 22-11488-C Page 19 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Living Wage Certification for Providers of Services TO BE COMPLETED BY ALL PERSONS OR ENTITIES ENGAGING IN A CONTRACT FOR PERSONAL SERVICES WITH THE CITY OF BERKELEY. The Berkeley Municipal Code Chapter 13.27, Berkeley's Living Wage Ordinance (LWO), provides that contractors who engage in a specified amount of business with the City (except where specifically exempted) under contracts which furnish services to or for the City in any twelve (12) month period of time shall comply with all provisions of this Ordinance. The LWO requires a City contractor to provide City mandated minimum compensation to all eligible employees, as defined in the Ordinance. In order to determine whether this contract is subject to the terms of the LWO, please respond to the questions below. Please note that the LWO applies to those contracts where the contractor has achieved a cumulative dollar contracting amount with the City. Therefore, even if the LWO is inapplicable to this contract, subsequent contracts may be subject to compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Contractor's employees change (i.e. additional employees are hired) so that Contractor falls within the scope of the Ordinance. Section I. 1. IF YOU ARE A FOR-PROFIT BUSINESS, PLEASE ANSWER THE FOLLOWING QUESTIONS a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid, or proposal, with the City of Berkeley for a cumulative amount of $25,000.00 or more? YES ____ NO ____ If no, this contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please continue to question 1(b). b. Do you have six (6) or more employees, including part-time and stipend workers? YES ____ NO ____ If you have answered, “YES” to questions 1(a) and 1(b) this contract IS subject to the LWO. If you responded "NO" to 1(b) this contract IS NOT subject to the LWO. Please continue to Section II. 2. IF YOU ARE A NON-PROFIT BUSINESS, AS DEFINED BY SECTION 501(C) OF THE INTERNAL REVENUE CODE OF 1954, PLEASE ANSWER THE FOLLOWING QUESTIONS. a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid or proposal, with the City of Berkeley for a cumulative amount of $100,000.00 or more? YES ____ NO ____ If no, this Contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please continue to question 2(b). b. Do you have six (6) or more employees, including part-time and stipend workers? YES ____ NO ____ If you have answered, “YES” to questions 2(a) and 2(b) this contract IS subject to the LWO. If you responded "NO" to 2(b) this contract IS NOT subject to the LWO. Please continue to Section II. Section II Please read, complete, and sign the following: THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE. THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE. Attachment F (page 1) City of Berkeley Specification No. 22-11488-C Page 20 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Berkeley's Living Wage Ordinance, and the applicability of the Living Wage Ordinance, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all of the terms of the Living Wage Ordinance, as mandated in the Berkeley Municipal Code, Chapter 13.27. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the City Manager in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract and the City Manager may terminate the contract and bar Contractor from future contracts with the City for five (5) years from the effective date of the Contract termination. If the contractor is a for-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 25% or more or their compensated time engaged in work directly related to the contract with the City. If the contractor is a non-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 50% or more or their compensated time engaged in work directly related to the contract with the City. These statements are made under penalty of perjury under the laws of the state of California. Printed Name: ___________________________________Title:________________________________________ Signature: _______________________________________ Date: _______________________________________ Business Entity: ______________________________________________________________________________ Contract Description/Specification No: Project Name/XX-XXXXX Section III _____________________________________________________________________________________________ • * * FOR ADMINISTRATIVE USE ONLY -- PLEASE PRINT CLEARLY * * * I have reviewed this Living Wage Certification form, in addition to verifying Contractor's total dollar amount contract commitments with the City in the past twelve (12) months, and determined that this Contract IS / IS NOT (circle one) subject to Berkeley's Living Wage Ordinance. _________________________________ _________________________________________ Department Name Department Representative Attachment F (page 2) City of Berkeley Specification No. 22-11488-C Page 21 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 Form EBO-1 CITY OF BERKELEY CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE If you are a contractor, return this form to the originating department/project manager. If you are a vendor (supplier of goods), return this form to the Purchasing Division of the Finance Dept. SECTION 1. CONTRACTOR/VENDOR INFORMATION Name: Vendor No.: Address: City: State: ZIP: Contact Person: Telephone: E-mail Address: Fax No.: SECTION 2. COMPLIANCE QUESTIONS A. The EBO is inapplicable to this contract because the contractor/vendor has no employees. Yes No (If “Yes,” proceed to Section 5; if “No”, continue to the next question.) B. Does your company provide (or make available at the employees’ expense) any employee benefits? Yes No If “Yes,” continue to Question C. If “No,” proceed to Section 5. (The EBO is not applicable to you.) C. Does your company provide (or make available at the employees’ expense) any benefits to the spouse of an employee? ......................................................................................... Yes No D. Does your company provide (or make available at the employees’ expense) any benefits to the domestic partner of an employee? .......................................................................... Yes No If you answered “No” to both Questions C and D, proceed to Section 5. (The EBO is not applicable to this contract.) If you answered “Yes” to both Questions C and D, please continue to Question E. If you answered “Yes” to Question C and “No” to Question D, please continue to Section 3. E. Are the benefits that are available to the spouse of an employee identical to the benefits that are available to the domestic partner of the employee? ............................................... Yes No If you answered “Yes,” proceed to Section 4. (You are in compliance with the EBO.) If you answered “No,” continue to Section 3. SECTION 3. PROVISIONAL COMPLIANCE A. Contractor/vendor is not in compliance with the EBO now but will comply by the following date: By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor submits evidence of taking reasonable measures to comply with the EBO; or At such time that administrative steps can be taken to incorporate nondiscrimination in benefits in the Contractor’s infrastructure, not to exceed three months; or Upon expiration of the contractor’s current collective bargaining agreement(s). Attachment G (page 1) To be completed by Contractor/Vendor City of Berkeley Specification No. 22-11488-C Page 22 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 B. If you have taken all reasonable measures to comply with the EBO but are unable to do so, do you agree to provide employees with a cash equivalent?* ..................................... Yes No * The cash equivalent is the amount of money your company pays for spousal benefits that are unavailable for domestic partners. SECTION 4. REQUIRED DOCUMENTATION At time of issuance of purchase order or contract award, you may be required by the City to provide documentation (copy of employee handbook, eligibility statement from your plans, insurance provider statements, etc.) to verify that you do not discriminate in the provision of benefits. SECTION 5. CERTIFICATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. By signing this certification, I further agree to comply with all additional obligations of the Equal Benefits Ordinance that are set forth in the Berkeley Municipal Code and in the terms of the contract or purchase order with the City. Executed this _______day of _________________, in the year __________, at __________________, ________ (City) (State) _____________________________________ ______________________________________ Name (please print) Signature _____________________________________ ______________________________________ Title Federal ID or Social Security Number FOR CITY OF BERKELEY USE ONLY Non-Compliant (The City may not do business with this contractor/vendor) One-Person Contractor/Vendor Full Compliance Reasonable Measures Provisional Compliance Category, Full Compliance by Date: _________________________________________ Staff Name(Sign and Print): _____________________________________Date: ____________ ________________ _____________________ Attachment G (page 2) City of Berkeley Specification No. 22-11488-C Page 23 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Right to Audit Form The contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s office may conduct an audit of Contractor’s financial, performance and compliance records maintained in connection with the operations and services performed under this contract. In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor’s employees and make all such financial, performance and compliance records available to the Auditor’s office. City agrees to provide Contractor an opportunity to discuss and respond to/any findings before a final audit report is filed. Signed: ______________________________________ Date: ___________________ Print Name & Title: _______________________________________________________ Company: _______________________________________________________________ Contract Description/Specification No: Project Name/XX-XXXXX Please direct questions regarding this form to the Auditor's Office, at (510) 981-6750. Attachment H City of Berkeley Specification No. 22-11488-C Page 24 of 24 Pilot Climate Equity Fund Programs Release Date 12/3/2021 RFP Revised May2020 CITY OF BERKELEY Commercial General and Automobile Liability Endorsement The attached Certificates of Insurance are hereby certified to be a part of the following policies having the following expiration dates: Policy No. Company Providing Policy Expir. Date _______________ __________________________ _________ _______________ __________________________ _________ _______________ __________________________ _________ _______________ __________________________ _________ The scope of the insurance afforded by the policies designated in the attached certificates is not less than that which is afforded by the Insurance Service Organization's or other "Standard Provisions" forms in use by the insurance company in the territory in which coverage is afforded. Such Policies provide for or are hereby amended to provide for the following: 1. The named insured is ________________________________________. 2. CITY OF BERKELEY ("City") is hereby included as an additional insured with respect to liability arising out of the hazards or operations under or in connection with the following agreement: _______________________________________________________. The insurance provided applies as though separate policies are in effect for both the named insured and City, but does not increase the limits of liability set forth in said policies. 3. The limits of liability under the policies are not less than those shown on the certificate to which this endorsement is attached. 4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following written notice to __________________________________, Department of ___________________________, Berkeley, CA. 5. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for City. The term "City" includes successors and assigns of City and the officers, employees, agents and volunteers. _______________________________________ Insurance Company Date: _____________ By: ______________________________________ Signature of Underwriter's Authorized Representative Contract Description/Specification No: Project Name/XX-XXXXX Attachment I