Agenda — Richmond City Council, April 15, 2025 (part 2 of 6)

Certification B: Certification Regarding Debarment, Suspension, Ineli- gibility and Voluntary Exclusion - Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depart- ment or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (B)

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.

If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded , as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of these regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this trans- action originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from partici- pation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this trans- action originated may pursue available remedies including suspension and/or debarment.

Applicant Date
Signature of Authorized Certifying Official T itle
184

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal informatio n 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 purp ose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predic tive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , Cal ifornia.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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April 15, 2025
DocID #40173v1

City Attorney's Office

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement (LSA) with Allen, Glaessner, Hazelwood & Werth, LLP (AGHW)
FINANCIAL IMPACT: This LSA will be for an amount not to exceed $650,000 and will be charged to the Risk Management General
Liability Fund (Account String: 50182316-400554).

PREVIOUS COUNCIL
ACTION:

December 22, 2020
March 2, 2021
October 5, 2021
May 17, 2022
December 20, 2022
June 20, 2023
April 2, 2024
September 10, 2024

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate legal representation relating to tort/dangerous conditions, personal injury, civil rights, and employment cases, the City Attorney’s Office requests approval of a new LSA with AGHW for an
amount not to exceed $650,000 and term ending
December 31, 2027.

RECOMMENDED ACTION: APPROVE a new legal services agreement with Allen, Glaessner, Hazelwood & Werth, LLP, for an amount not
to exceed $650,000 and term ending December 31,
2027, to allow continued defense of the City in pending and future municipal litigation — City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-
6505).

AGENDA
REPORT
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April 15, 2025
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DISCUSSION:

Allen, Glaessner, Hazelwood & Werth, LLP (AGHW), has been representing the City and providing special counsel services since 2013. AGHW has experience advising and representing government agencies across the full scope of public entity defense . It routinely handles several cases at any one time, defending the City in a variety of municipal litigation matters, including but not limited to tort/dangerous condition, personal injury, inverse condemnation, civil rights, and employment litigation.

The current AGHW legal services agreement (LSA) dates to 2020, has been amended seven times, all of which were approved by Council on December 22, 2020, March 2, 2021, October 5, 2021, May 17, 202 2, December 20, 2022, June 20, 2 3, April 2, 2024, and September 10, 2024. The firm is on the City Attorney Office’s approved 2021 Request for Qualificat ions (RFQ). Currently, AGHW is defending the City in approximately 11 matters. AGHW has the experience and expertise necessary to continue to represent the City of Richmond in pending and future municipal litigation cases.

Rates for AGHW are as follows:

General Litigation Matters --Partners $ 280 per hour; Associates $ 245 per hour; and Paralegals $130 per hour

Employment Litigation Matters-- Partners $300 per hour; Associates $250 per hour; and Paralegals $125 per hour

The City Attorney’s Office requests City Council’s approval of a new legal services agreement with Allen, Glaessner, Hazelwood & Werth, LLP, for an amount not to exceed $650,000 with term end date of December 31, 2027, so that it may continue to represent and defend the City in current and future litigation.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with AGHW (proposed) 190

1 DocID #40747v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 15TH day of April, 2025 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 4 50 Civic Center Plaza, Richmond, California 94804 and ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 180 MONTGOMERY STREET, SUITE 1200, SAN FRANCISCO, CA 94104. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as -needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time 191

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to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on December 31, 2027 , unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than MARK HAZELWOOD, DALE L. ALLEN, JR., MARIA NOZZOLINO, KEVIN

ALLEN, PETER VAN ZANDT, LORI SEBRANSKY, PETER GLAESSNER, KELLEN CROWE, NICO SYREN, DANA OIUM, AND AARON LONG. It is agreed by and between the Parties that should it be desira ble for any attorney other than MARK HAZELWOOD, DALE L. ALLEN, J R., MARIA NOZZOLINO, KEVIN ALLEN,

PETER VAN ZANDT, LORI SEBRANSKY, PETER GLAESSNER, KELLEN CROWE, NICO SYREN, DANA OIUM, AND AARON LONG to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually re cognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement.

Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time 192

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by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.

Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this A greement. Proje ct plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel ha ve lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time . Please also attach any 193

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referenced filings to your status report.

12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Ru les of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or l ocal governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent 194

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responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any pot ential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performanc e of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

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A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters u pon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly exe cuted by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

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Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
197

8 DocID #40747v1

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

ALLEN, GLAESSNER, HAZELWOOD
& WERTH, LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk
198
Exhibit A

9 DocID #40747v1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent and defend City of Richmond in pending and future dangerous condition of public property, personal injury litigation, and other municipal litigation as assigned by the City Attorney.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

Dangerous Condition/Tort Litigation:

PARTNER(S) $280/hour
ASSOCIATE(S) $245/hour
PARALEGAL(S) $130/hour

Employment
PARTNER(S) $300/hour
ASSOCIATE(S) $250/hour
PARALEGAL(S) $125/hour

Appellate rate - $375/hour

COMPENSATION

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of SIX HUNDRED FIFTY THOUSAND Dollars ($650,000) for attorneys’ fees and reimbursements. 199
Exhibit B

10 DocID #40747v1

BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

200
Exhibit B

11 DocID #40747v1
II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
201
Exhibit B

12 DocID #40747v1
j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
202
Exhibit B

13 DocID #40747v1
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 203
Exhibit C
14 DocID #40747v1

PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);  Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
204
Exhibit C
15 DocID #40747v1
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 205
Exhibit D

16 DocID #40747v1
California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defens e attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency.

CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure. 2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross -complaints; a summary and analysis of plaintiff’s injuries, dama ges and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a tri al date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date. 4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 206
Exhibit D

17 DocID #40747v1
5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors ( such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

207
Exhibit E

18 DocID #40747v1

LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

208
Exhibit F

19 DocID #40747v1

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor 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.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

209
Exhibit F

20 DocID #40747v1
Vendor SCCO Compliance Statement (July2024)
210
Exhibit G
21 DocID #40747v1

City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
211
Exhibit G
22 DocID #40747v1

City of Richmond - Insurance Requirements - Type 2:

Professional Services

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Page 1 of 2 ends

April 15, 2025

City Clerk's Office

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Pamela Christian, City Clerk

Subject:

Amendment to City Council regular recess
FINANCIAL IMPACT: There is no financial impact with this item

PREVIOUS COUNCIL
ACTION:

May 7, 2024

STATEMENT OF THE
ISSUE:

The Richmond City Council currently meets every first,
third, and fourth Tuesday of each month unless special
exceptions are indicated within the Charter, Council
Rules and Procedures, or approved by the City Council.

RECOMMENDED ACTION:

APPROVE the cancellation of the July 15 and 22, and
August 5, 2025, Regular City Council meetings and
APPROVE an amendment to the Richmond City Council
recess to begin Tuesday, July 2, 2025; Council will
reconvene regular meetings on Tuesday, August 19,
2025 - City Clerk’s Office (Pamela Christian 510-620-
6513).

DISCUSSION:

The Richmond City Council has regularly scheduled meetings every first, third, and fourth Tuesday of every month unless exceptions are indicated within the Charter, Council Rules and Procedures, or approved by the City Council.

AGENDA
REPORT
214

Page 2 of 2 ends

April 15, 2025
The Council’s regularly scheduled recess begins August 1 and reconvenes the first Tuesday following Labor Day (September 8, 2025). With approval of this item, the regular meetings scheduled for Tuesday, July 15 and 22 and August 5, 2025, will be cancelled, and the Richmond City Council will begin its recess Wednesday, July 2, 2025, and will reconvene Tuesday, August 19, 2025. Council Rules and Procedures state that “Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting.”

Proposed schedule listed below:

Date Comment
April 22, 2025 Regular Meeting – in person/hybrid
May 6, 2025 Regular Meeting – in person/hybrid
May 20, 2025 Regular Meeting – in person/hybrid
May 27, 2025 Regular Meeting – in person/hybrid
June 3, 2025 Regular Meeting – in person/hybrid
June 17, 2025 Regular Meeting – in person/hybrid
June 24, 2025 Regular Meeting – in person/hybrid
July 1, 2025 Regular Meeting – in person/hybrid
July 15, 2025 CANCELLED FOR RECESS
July 22, 2025 CANCELLED FOR RECESS
July 29, 2025 NO MEETING - RECESS
August 5, 2025 NO MEETING - RECESS
August 19, 2025 COUNCIL RECONVENES

DOCUMENTS ATTACHED:

None

215

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Page 1 of 9 ends

RICHMOND, CALIFORNIA, March 4, 2025

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 3:36 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Jamelia Brown, Claudia Jimenez, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana and Councilmember Doria Robinson arrived after adjourning to Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Orellana, et al. v. City of Richmond
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Unit

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in person.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:38 p.m. Closed Session adjourned at 4:47 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 5:01 p.m. by Mayor Eduardo Martinez.

216

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Page 2 of 9 ends

G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Absent:

None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item N.3.b (Transfer Management of Point Richmond Community Center from Recreation to the Richmond Public Library) was removed from the consent calendar for discussion.

Item P.1 (Presentation from Healthy Options at Point of Sale (HOPS) Youth Advocates) was moved up to be heard after approval of the consent calendar.

Item P.3 (Immigrant Legal Services and Resources) was moved up to be heard after item P.1 (Presentation from Healthy Options at Point of Sale (HOPS)Youth Advocates) and before item O.1 (California Portsmouth Square Association (CPSA) Emergency Housing (PLN23-360) Public Hearing to Consider an Appeal of the Denial of Conditional Use Permit).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Orellana, et al. v. City of Richmond
Direction given to the City Attorney's Office for settlement discussions.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Discussed. No reportable action taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report 217

cc04Mar2025 – jc

Page 3 of 9 ends

L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director Sharrone Taylor provided a New Employee Report.

Link to view report: New Employee Report
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding the relationship between city staff and councilmembers. Mr. Hindler gave comments regarding Item N.4.b (Proclamation Declaring March 2025 Women’ s History Month). Mr. Hindler suggested the city collaborate with the school district and reinstate standing committees.

Mark Wassberg gave comments regarding Richmond Police department's code of ethics.

Mr. Wassberg shared his personal experiences with the Police department.

Elsa Stevens gave comments regarding recent U.S. Immigration and Customs Enforcement raids. Ms. Stevens expressed concerns regarding racial profiling, unlawful seizures, and human trafficking.

Rolanda Wilson gave comments regarding Item N.4.a (Proclamation Recognizing March 2025 as Red Cross Month in Richmond). Ms. Wilson thanked the city council for their support of the American Red Cross and gave background on some of the organization's contributions to the community.

The following individuals gave comments via teleconference:

Michael Fitzhugh expressed concerns regarding the manner in which city council meeting times were changed. Mr. Fitzhugh also expressed concerns regarding the community's opportunities to provide input on the upcoming budget.

N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Doria Robinson
Seconded by Councilmember Sue Wilson
To approve all items on the consent calendar excluding Item N.3.b (Transfer Management of Point Richmond Community Center from Recreation to the Richmond Public Library).

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed

N.1 City Attorney's Office
N.1.a 10-Day Report on the Interim Urgency Ordinance Regarding Parklets 218

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RECEIVE the 10-Day Report on the Interim Urgency Ordinance regarding Parklets – City Attorney’s Office (Dave Aleshire 510-620-6509).

N.2 Finance Department
N.2.a DebtBook Management Software Contract Amendment No. 2 APPROVE second contract amendment with DebtBook for software using the National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard Board (GASB) 87 Accounting for Leases and GASB 96 Subscription-based Information Technology Arrangements for a term of one year beginning March 15, 2025, through March 15, 2026, and increasing the payment limit by $14,581, for a total contract amount not to exceed $55,081 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412- 2077/Jerry Gurule 510-620-6591).

N.2.b NHA Advisors, LLC Contract for Municipal Consulting Services APPROVE a two-year contract with NHA Advisors, LLC to provide municipal advisory and consulting services on an as-needed basis, in an amount not to exceed $81,743 with a two-year term beginning March 4, 2025, and ending March 3, 2027 – Finance Department (Andrea Miller 510-620-6740/ Mubeen Qader 510-412-2077/ Jerry Gurule 510-620-6591) N.3 Library and Community Services
N.3.a Contract with West Contra Costa (WCC) Public Education Fund for Fiscal Sponsorship
APPROVE a contract with the West Contra Costa Public Education Fund (EdFund West) for a term beginning March 10, 2025, and ending March 9, 2028, for an amount not to exceed $3,500 annually, comprising compensation of 10 percent per transaction on total annual transactions not to exceed $35,000, for a three-year compensation total not to exceed $10,500; and AUTHORIZE the transfer of funds to EdFund West, not to exceed $35,000 annually, for the term of the contract to enable performance of the contract – Community Services Department (Kate Eppler 510-620-5452/LaShonda White 510-620-6828).

N.3.b Transfer Management of Point Richmond Community Center from Recreation to the Richmond Public Library
ADOPT a resolution approving the transfer of control of the Point Richmond Community Center from the Recreation Division to Richmond Public Library effective April 1, 2025; and AMEND the Master Fee Schedule to reflect the transfer to the Richmond Public Library and a reservation rate of $12.50/hr for community use of the Point Richmond Community Center – Community Services Department (Kate Eppler 510- 620-5452/Ranjana Maharaj 510-620-6972/LaShonda White 510-620- 6828).

Deputy Director of Community Services Kate Eppler introduced the item.

At 10:59 p.m. Councilmember Bana left the meeting.
(At 11:00 p.m. - a motion by Councilmember Jimenez, seconded by Vice Mayor Zepeda, to extend the meeting to finish Item N.3.b (Transfer 219

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Management of Point Richmond Community Center from Recreation to the Richmond Public Library) passed by the following vote: Ayes:

Councilmembers Brown, Jimenez, Robinson, Wilson, Vice Mayor Zepeda, and Mayor Martinez. Noes: None. Absent: Councilmembers Bana. Abstain: None).

Discussion ensued. Jamin Pursell gave comments via teleconference.

Motion by Vice Mayor Cesar Zepeda
Seconded by Councilmember Jamelia Brown
To approve the item.

Ayes (6): Councilmembers Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Absent (1): Councilmember Soheila Bana
Passed
Adopted Resolution No. 17-25
N.4 Mayor's Office
N.4.a Proclamation Recognizing March 2025 as Red Cross Month in Richmond PROCLAMATION declaring March 2025 as Red Cross Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.4.b Proclamation Declaring March 2025 Women’s History Month PROCLAMATION declaring March 2025 as Women’s History Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

N.4.c Reappointment of Andrea Martinez Alvarez to the Richmond Youth Council
REAPPOINT Andrea Martinez Alvarez to the Richmond Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.4.d Appointment of Regina Gilligan to the Urban Forest Advisory Committee APPOINT Regina Gilligan to the Urban Forest Advisory Committee, term expires November 17, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.5 Public Works
N.5.a January 2025 Abatement Presentation
RECEIVE a presentation on the January 2025 abatement activities – Public Works Department (Hugo Mendoza 510-231-3030 / Tawfic Halaby 510-620-5482 / Daniel Chavarria 510-620-5478).

O. PUBLIC HEARINGS
O.1 California Portsmouth Square Association (CPSA) Emergency Housing (PLN23-360) Public Hearing to Consider an Appeal of the Denial of Conditional Use Permit (not before 6:30 p.m.)
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HOLD a public hearing and ADOPT a resolution denying the appeal submitted by Lonnie Holmes of the Planning Commission’s denial of a conditional use permit to convert an existing office building into an emergency shelter at 207 37th Street and uphold the Planning Commission’s decision denying Planning Application No. PLN23-360 – Community Development Department (Lina Velasco/Avery Stark 510-620-6706).

Community Development Director Lina Velasco and Acting Planning Manager Avery Stark introduced the item. Mr. Stark presented a PowerPoint. Link to view presentation: California Portsmouth Square Association (CPSA) Emergency Housing (PLN23-360).

Mayor Martinez opened the public hearing. Appellant Lonnie Holmes' legal representative gave a statement. Opponent Roxanna Molina gave a statement.

Pam Saucer, Ronald Sanchez, Amanda Jenkins, Robert Sloat, Patricia Rodriguez, Clarita Griffin, Mark Wassberg, and Cordell Hindler gave comments in person.

Sara Cantor, Debbie Bayer, John Halcomb, and Jonas Juhlin gave comments via teleconference.

Mr. Holmes gave a rebuttal statement. Opponent Roxanna Molina gave a rebuttal statement. Mayor Martinez closed the public hearing. Discussion ensued.

Motion by Councilmember Soheila Bana
Seconded by Councilmember Doria Robinson
To adopt a resolution denying the appeal submitted by Lonnie Holmes of the Planning Commission’s denial of a conditional use permit to convert an existing office building into an emergency shelter at 207 37th Street and uphold the Planning Commission’s decision denying Planning Application No. PLN23-360.

Ayes (6): Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Abstentions (1): Councilmember Jamelia Brown
Passed
Adopted Resolution No. 18-25
P. NEW BUSINESS
P.1 Presentation from Healthy Options at Point of Sale (HOPS) Youth Advocates RECEIVE a presentation from Healthy Options at Point of Sale (HOPS) youth advocates; and DIRECT the City’s Attorney’s Office to prepare an ordinance within 60 days, requiring large retail stores to stock healthier items at checkout areas - Councilmember Jamelia Brown (510-412-2050) and Mayor Eduardo Martinez (510-620- 6503).

Councilmember Brown introduced the item. Ileana Miranda-Uch and Elvira Martin Bautista presented a PowerPoint. Link to view presentation: Healthy Options at Point of Sale (HOPS) Youth Advocates
Andrew Noers, Ashley Trousdell, Stefan Silver Wiese, Diana Nevarez, Amiya Jackson, Eama Khan, Miki Masui, and Mark Wassberg gave comments in person.

Ali Wohlgemuth and Allie Reimold gave comments via teleconference.

Discussion ensued. The city council requested the following: that city staff and youth advocates conduct more outreach to the businesses that may be affected to receive their input; more information on how much enforcement and 221

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implementation efforts would cost; a refined definition of what would constitute healthy options.

Motion by Councilmember Doria Robinson
Seconded by Mayor Eduardo Martinez

To direct City staff and the City Attorney's office to work with the Healthy Options at Point of Sale (HOPS) youth advocates to come back to council within 30 days with options on how to move forward with the ordinance addressing the concerns that were expressed during the discussion with a focus on cost implementation and enforcement.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed

P.2 Richmond Municipal Identification (ID) Access and Equity DIRECT the City Attorney to amend Ordinance No.16-11 N.S. and Richmond Municipal Code 2.64 to allow the City to fund a no-cost Municipal Identification program and DIRECT staff to assess the total cost for the City of Richmond to administer the Municipal Identification program at no cost for vulnerable populations - Councilmember Soheila Bana (510-672-3490).

Councilmember Bana introduced the item. Councilmember Bana gave background information on why she brought the item forward. Brian Hofer gave comments in person. Discussion ensued. Sara Cantor and Michael Fitzhugh gave comments via teleconference. Discussion ensued.

Motion by Councilmember Sue Wilson
Seconded by Councilmember Soheila Bana
To continue the item to a future date and direct staff to come back to council with revisions to the ordinance that address security implications and other issues of the Municipal ID program.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed

P.3 Immigrant Legal Services and Resources
DIRECT staff to allocate up to $1,000,000 from Fiscal Year (FY) 2024-25 surplus funds for immigrant legal services and a public awareness campaign for immigrants in Richmond to know their constitutional rights and issue an Request for Proposal (RFP) to select a fiscal sponsor to distribute the allocated funds to nonprofit organizations that will provide such services - Vice Mayor Cesar Zepeda (510-620-6593), Councilmembers Claudia Jimenez (510-620-6565), and Doria Robinson (510-620-6568).

Councilmember Jimenez introduced the item. Councilmember Jimenez, Councilmember Robinson, and Vice Mayor Zepeda gave background information on why they brought the item forward.
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Mark Wassberg, Maria Teresa Franco, Tomasa Espinoza, Berta Alvarez, Elsa Stevens, Jasmin Timmons, Chris Taffe, Crescent Diamond, Denis Perez, Rosie, Andrew Melendez, LoRayne Reza, Joselyn Diaz, Amber Hatfield, John Gioia, and Pam Saucer gave comments in person. Ali Saidi, Marisol Cantu, Johana Gurdian, Melvin Willis, Michael Fitzhugh, Sara Gurdian, Sara Cantor, Encian Pastel, and Abigail Esquivias gave comments via teleconference. Discussion ensued.

Councilmember Jimenez made a motion to direct staff to allocate up to $1,000,000 from Fiscal Year 2023-24 unspent funds for immigrant legal services and a public awareness campaign for immigrants in Richmond to know their constitutional rights and issue a Request for Proposal to select a fiscal sponsor to distribute the allocated funds to nonprofit organizations that will provide such services. In addition, to direct staff to return to council on April 15, 2025, with the awarded recommendation and also allocate $10,000 of the $1,000,000 to provide free municipal IDs to residents. Councilmember Wilson seconded the motion.

Discussion ensued. Mayor Martinez made a motion calling the question to end the discussion and vote on the matter. The city council agreed to end debate without a vote and proceed to take a vote on the original motion.

Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Sue Wilson
To direct staff to allocate up to $1,000,000 from Fiscal Year 2023-24 unspent funds for immigrant legal services and a public awareness campaign for immigrants in Richmond to know their constitutional rights and issue a Request for Proposal to select a fiscal sponsor to distribute the allocated funds to nonprofit organizations that will provide such services. In addition, to direct staff to return to council on April 15, 2025, with the awarded recommendation and also allocate $10,000 of the $1,000,000 to provide free municipal IDs to residents.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed

P.4 Request for Additional Funding for Nowruz Spring Equinox Celebration APPROVE an additional $3,000 to be funded from the Festivals/Community Events Budget to support the Nowruz Spring Equinox Celebration and ensure a successful and inclusive event - Councilmember Soheila Bana (510-672-3490).

Councilmember Bana introduced the item. Councilmember Bana gave background information on why she brought the item forward. Discussion ensued.

The city council suggested establishing a process to review the city's festivals list annually to determine which will be funded or removed from the list.

Cordell Hindler gave comments in person. Sara Cantor gave comments via teleconference.

Motion by Councilmember Soheila Bana
Seconded by Vice Mayor Cesar Zepeda
To approve an additional budget of $2,000, plus a $1,000 contingency to be funded from the Festivals/Community Events Budget to support the Nowruz Spring Equinox Celebration.
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Ayes (3): Councilmembers Jamelia Brown, Soheila Bana, and Vice Mayor Cesar Zepeda.

Noes (3): Councilmembers Claudia Jimenez, Sue Wilson, and Mayor Eduardo Martinez.

Abstentions (1): Councilmember Doria Robinson
Failed

Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) The item was not heard.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 11:14 p.m., to meet again on March 11, 2025, at 5:00 p.m.

Clerk of the City of Richmond Mayor

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April 15, 2025

City Council

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Soheila Bana

Subject:

Support for Assembly Bill 91(AB91) – Middle Eastern and North African MENA Inclusion Act
FINANCIAL IMPACT: There is no direct fiscal impact associated with adopting this resolution.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Assembly Bill 91 addresses a long-standing issue by
requiring state and local agencies to collect demographic data to include separate categories for major Middle
Eastern and North African (MENA) groups. The bill would ensure that MENA individuals are visible in state data
and that resources and policies reflect the reality of their communities.

RECOMMENDED ACTION:

ADOPT a resolution recognizing the Middle Eastern and
North African (MENA) community in the City of Richmond
and to urge the California State Legislature to support and adopt Assembly Bill 91 (AB 91), also known as the
MENA Inclusion Act, which seeks to require the State of California and local agencies to collect disaggregated
demographic data on MENA populations -
Councilmember Soheila Bana (510-672-3490).

AGENDA
REPORT
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April 15, 2025
DISCUSSION:

The City of Richmond is home to a diverse population, including individuals of Middle Eastern and North African (MENA) descent who represent a variety of cultural, linguistic, and national backgrounds. These residents are integral to the social, economic, and civic fabric of the city.

Despite their significant presence and contributions, the MENA community has historically been overlooked in demographic data collection efforts. MENA individuals are typically categorized as “White” in demographic data, masking disparities and needs specific to their communities and limiting their access to targeted programs and funding.

Assembly Bill 91 addresses a long-standing issue by requiring state and local agencies to collect demographic data to include separate categories for major Middle Eastern and North African (MENA) groups. The bill would ensure that MENA individuals are visible in state data and that resources and policies reflect the reality of their communities.

By passing this resolution, the City of Richmond affirms its commitment to equity, inclusion, and representation for all its communities. Recognizing the MENA community as a distinct racial and ethnic group ensures their contributions are acknowledged and their needs considered in policy and funding decisions.

Supporting AB 91 aligns with Richmond’s values and positions the city as a regional leader in equitable governance and data-driven decision-making. The resolution will also signal solidarity with other municipalities and community advocates across California who are calling for equitable data practices and resource allocation.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Fact Sheet AB 91

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

RECOGNIZING THE MIDDLE EASTERN AND NORTH AFRICAN (MENA) COMMUNITY AND TO URGE SUPPORT FOR ASSEMBLY BILL 91 — “MENA INCLUSION ACT”

WHEREAS, the City of Richmond is committed to being an inclusive and equitable city that values and supports all its residents, regardless of racial, ethnic, or cultural background; and WHEREAS, Richmond is home to a growing population of individuals of Middle Eas tern and North African (MENA) descent, who represent a wide array of nationalities, languages, and traditions, all contributing significantly to the city’s cultural richness, economic vitality, and civic life; and
WHEREAS, the MENA community in Richmond ha s played a vital role in the city’s development, including in the fields of education, healthcare, small business, technology, public service, and community-based advocacy; and
WHEREAS, current Census data and state -level demographic methods fail to accura tely count and reflect the MENA population, resulting in underrepresentation and limited access to resources and services; and
WHEREAS, accurate and disaggregated demographic data is critical to advancing equity in policymaking, funding allocations, and pr ogram development, ensuring that all communities, including MENA, are seen, heard, and served; and
WHEREAS, the State of California has the largest MENA population in the United States, yet the lack of a distinct MENA data category at the state level continues to create barriers to educational, health, and economic equity for MENA communities; and
WHEREAS, Assembly Bill 91 (AB 91), the “MENA Inclusion Act,” would require state and local agencies in California that collect demographic data to include separat e categories for MENA groups and publicly report that data beginning January 1, 2027; and WHEREAS, AB 91 will help ensure accurate representation and equity for MENA communities across California by informing policies and funding decisions with complete and inclusive data; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond , as follows:

1. The City of Richmond formally supports Assembly Bill 91, the Middle Eastern and North African Inclusion Act, and recognizes its significance in ensuring equity and accurate representation for the MENA community in California.

2. The City of Richmond recognizes the MENA community as a distinct racial and ethnic group with unique contributions to the cultural, economic, and social life of the city.

3. The City of Richmond will continue to uplift and support the contributions, culture, and civic engagement of the MENA community in all aspects of public life.

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

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:
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ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
228
Fact Sheet on AB 91

Assembly Bill 91 (AB 91), introduced by Assembly Member John Harabedian on January 6, 2025, aims to enhance the collection and reporting of demographic data for Middle Eastern and North African (MENA) communities in California. This initiative seeks to address the longstanding issue of underrepresentation of MENA individuals in demographic data, which has implications for policy-making, resource allocation, and community services.

Key Provisions of AB 91:

1. Separate Data Collection: State and local agencies that collect demographic data on ancestry or ethnic origin will be required to use distinct categories and tabulations for major MENA groups. Initially, these groups include, but are not limited to:
o Middle Eastern: Afghan, Iranian, Iraqi, Israeli, Jordanian, Lebanese, Palestinian, Syrian, Turkish, Yemeni, among others.
o North African: Algerian, Egyptian, Libyan, Moroccan, Sudanese, Tunisian, and others.
o Transnational MENA Groups: Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, Kurdish, etc.

These categories are to be updated within 18 months following the release of each decennial census to reflect the major MENA groups as reported by the U.S. Census Bureau. (Source: https://legiscan.com/CA/text/AB91/id/3040032)

2. Public Reporting and Accessibility: The collected data must be included in every demographic report on ancestry or ethnic origins published on or after January 1, 2027.

Additionally, this data should be made publicly available, ensuring transparency and accessibility while adhering to privacy laws. (Source:
https://legiscan.com/CA/text/AB91/id/3040032)

3. Privacy Safeguards: To protect individual privacy, the bill prohibits the public release of data that could identify individuals. Agencies may aggregate data at various geographic levels (state, county, city, census tract, or ZIP Code) to prevent identification and ensure statistical reliability. (Source: https://legiscan.com/CA/text/AB91/id/3040032) Legislative Status:

As of March 24, 2025, AB 91 was re-referred to the Assembly Judiciary Committee, with a hearing scheduled for April 8, 2025, at 8:00 a.m. in State Capitol, Room 437. (Source:
https://legiscan.com/CA/bill/AB91/2025)
Implications:

The enactment of AB 91 would mark a significant step toward recognizing and addressing the unique needs of the MENA community in California. By ensuring accurate data collection and 229
reporting, the bill aims to facilitate more equitable resource distribution, informed policy decisions, and enhanced community services tailored to the MENA population.

For more detailed information, the full text of AB 91 is accessible through the California Legislative Information website:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB91

Call to Action:

Our Assemblywoman, Buffy Wicks, currently serves as Chair of the Assembly Appropriations Committee, a key committee that will review AB 91. Supporters of the bill are encouraged to write to Assemblywoman Wicks and express their support for AB 91.

Email: [email protected]

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April 15, 2025

City Manager's Office

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Patrick Seals, Administrative Chief
Abdul Black, Community Services Technician

Subject:

Contract Amendment No. 1 with WestEd
FINANCIAL IMPACT: The increased payment amount of $1,171,245 ($390,415 annually) will be split across Fiscal Years 2025-26, 2026- 27, and 2027-28. The increased total proposed not to
exceed contract amount of $1,771,245, is available in the approved budget for Richmond Fund for Children and
Youth for Fiscal Year 2025-26, 2026-27, and 2027-28
(13371018-400215).

PREVIOUS COUNCIL
ACTION:

July 11, 2023
January 16, 2024

STATEMENT OF THE
ISSUE:

The Richmond Fund for Children and Youth is required to conduct evaluations per Article 15 of the City of
Richmond Charter. The City is seeking contract
amendment approval with WestEd, a third-party
independent evaluator, to conduct evaluations of all
grant-funded programs for Fiscal Years 2024-25, 2025-
26, 2026-27, 2027-28, draft and present an evaluation
report to City Council, and ensure spending from the fund is consistent with the provisions of the Charter.

AGENDA
REPORT
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April 15, 2025
RECOMMENDED ACTION:

APPROVE a contract amendment No. 1 with WestEd
(sole-source) for third-party independent evaluation
services required by Article 15(d) of the Richmond
Charter for the Richmond Fund for Children and Youth,
increasing the payment amount by $1,171,245, for a total payment limit of $1,771,245, and extending the term
expiration to June 30, 2028 – Department of Children and Youth (Patrick Seals/Abdul Black 510-307-8016).

DISCUSSION:

On January 16, 2024, the City Council approved the initial contract with WestEd for the Richmond Fund for Children and Youth (Fund) evaluation for Fiscal Years (FYs) 2021- 2022, 2022-23, 2023-24, following a formal solicitation process (Attachment 1).

The Richmond Department of Children and Youth (Department) is seeking to amend the contract with WestEd to facilitate the continued annual evaluation of the Fund for FYs 2025-26, 2026-27, 2027-28 (Attachment 2). Per Article 15, Sections 7(d)(4) and (5) of the City of Richmond Charter, the evaluation should identify relevant evaluation measures and ensure programs funded through the Fund are impactful and meet established outcomes, while also reviewing financial reports and audits to ensure funds are appropriately managed.

WestEd is uniquely positioned due to its established relationships, extensive experience, and demonstrated success in evaluating the Department’s grant programs (Attachment 3). WestEd has worked with Department grantees for over 18 months, developing strong relationships essential for accurate and effective program evaluation.

WestEd has already evaluated over $9 million in grant funds and provided technical assistance to more than 60 grantees, demonstrating its deep understanding of the programs and funding landscape. Transitioning to a new evaluator would require a lengthy onboarding process, delaying critical evaluation activities and disrupting established workflows, potentially causing noncompliance with the Charter's evaluation mandates. Given its expertise, established infrastructure, and proven performance, WestEd presents the lowest performance risk and the highest likelihood of delivering accurate, timely, and actionable evaluations.

The City of Richmond is proposing a contract amendment with WestEd to continue its independent evaluation of programs funded through the Fund. This amendment ensures compliance with Article 15 of the City Charter, which mandates evaluations to assess program effectiveness and financial accountability. WestEd has already begun this critical work, and this extension will allow for a thorough assessment of grant- funded programs through Fiscal Year 2027-28. The amended contract, totaling $1,771,245, will support evaluation efforts through June 30, 2028. This continuation of WestEd’s services will provide key insights to improve program outcomes, maintain 232

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April 15, 2025
fiscal responsibility, and support the Fund’s mission to serve Richmond’s youth effectively.

The responsibilities of WestED include the following:

 Project Management – Coordinate with staff on all aspects of the design and implementation of the evaluation. Manage all evaluation activities and coordinate with grantees to conduct all aspects of the evaluation.

 Evaluation Design and Implementation – Develop a comprehensive outcome-based evaluation that includes the identification of desired outcomes and performance measures for each program, within strategic priorities, and across strategic priorities.

Identify common outcomes, indicators, methods, and measures to assess strategy- level performance.

 Data Collection/ Organizing – Develop and refine tools, including surveys and other methods of data collection from various stakeholders. Document and report on program quality by collecting data through point-of-service observations, client surveys, focus groups, or other means.

 Reporting – Provide a summary mid-year and a comprehensive final report in a format that is useful and accessible to the public. Communicate the report and findings to the RFCY Oversight Board and Richmond City Council. The lead evaluator will additionally provide a brief year-end evaluative report to summarize the totality of RFCY’s funding and programming, including information on programs, strategies, matched funding and client demographics.

o The year-end evaluation report shall include information on children, youth, and adult participation and demographics; hours of service and types of services delivered; cost of services; matching funds raised by programs; and percentage of contracted goals achieved.
o The mid-year evaluation report shall summarize program performance through six months and qualitative data gathered to inform grant renewal determinations.
o The report will also include program profiles for each RFCY-funded program, summarizing program-level evaluation findings. Copies of the program profiles are to be provided to each program and to the Department.

 Engagement of Partners – As requested, participate in meetings and work with other systems partners in potential areas of integration. Work closely with the RFCY Oversight Board, department staff, grantees, and other stakeholders in the planning, development and implementation of the evaluation. Coordinate quarterly meetings with RFCY grantees to develop and coordinate the evaluation, and provide opportunities for peer learning, knowledge sharing, and capacity building. 233

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April 15, 2025
 Technical Assistance to Grantees and Staff – Provide technical assistance to grantees to ensure evaluation compliance and provide grantees with opportunities for evaluation.

SYNERGISTIC POLICIES:

The Richmond Fund for Children and Youth is required to conduct evaluations per Article 15 of the City of Richmond Charter.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract with WestEd for Evaluator Services Attachment 2 – Proposed Contract Amendment No. 1
Attachment 3 – WestEd Sole Source

234
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DocuSign Envelope ID: 613FB6B0-52F5-40A6-8BF6-F43352CFC0C4 261
WestEd
San Francisco
4th March
Lauren Wrotniak Director of Contracts and Grants
Joint Powers Authority
DocuSign Envelope ID: 613FB6B0-52F5-40A6-8BF6-F43352CFC0C4 262
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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Dept of Children and Youth
Patrick Seals
[email protected]
(510) 307-8016
16053
WestEd will provide third-party independent evaluation services for the Richmond Fund for Children and Youth in compliance with the City of Richmond Charter Article 15 Section 7(d)(4) and (5) ✔
1 Wested
730 Harrison Street
San Francisco, CA
Lauren Wrotniak
(415) 615-3136
[email protected]
N/A
✔
California Joint Powers Authority
July 11, 2023
August 11, 2023
June 30, 2025
600,000.00
266
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Wested
267
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

1 Wested
August 11, 2023
June 30, 2028
1,171,245.00
1,771,245.00

See Attached Scope of Work
268

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 1 Richmond Fund for Children and Youth
Evaluation Scope of Work
January 9, 2025
Evaluation Goals
• Assess program effectiveness and strategy impact to inform funding recommendations, grant renewal decisions, and future strategy development. • Determine the effectiveness and efficiency of funds at the program and strategic level. • Promote best practices among grantees and assist grantees to improve performance through individualized coaching and feedback about evaluation planning, data collection, and results.
• Document the assessment of grantee performance and present written findings to interest holders and grantees.
• Communicate results and impact of the Richmond Department of Children and Youth funding to elected officials, grantees, and the general public. • Assess the technical assistance and capacity building needs of RFCY grantees. • Evaluate the implementation of the Richmond Department of Children and Youth’s technical assistance and capacity building supports.

Work to be Completed
WestEd will plan and implement an evaluation of the FY21-24 and FY25-28 Richmond Fund for Children and Youth (RFCY) grants to non-profit organizations and public agencies to provide services to children and youth from birth to 24 years old in Richmond and Unincorporated North Richmond. WestEd will lead the evaluation design and implementation in partnership with the Richmond Department of Children and Youth (RDCY). The specific work to be completed is summarized in the seven tasks outlined below, which align with the RFCY Third-Party Evaluator Request for Proposals.

Task 1: Project Management
WestEd will coordinate with RDCY staff on all aspects of the design and implementation of the evaluation.

Task 1 Activities
• Establish a communication strategy for ongoing communication and collaboration between the parties, which must include frequency of meetings, preferred 269

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 2 communication channels, role of participants, and any other provisions that would facilitate an exchange of ideas between the parties.
• Periodically assess the communication strategy revised as both parties deem necessary. • Design a Project Management Plan that includes an executive summary, project tasks, timelines, milestones, and roles and responsibilities of WestEd staff. • Host a kickoff meeting with RDCY and community partners. • Provide, on a bi-annual basis, progress reports during scheduled meetings. • Submit, on a quarterly basis, an invoice of total staff hours worked and other incurred project costs.
• Facilitate meetings with RDCY and RFCY representatives on a bi-weekly or monthly basis, depending on need.

Task 2: Evaluation Design
In partnership with the RFCY, grantees, and participating youth, WestEd will co-design an evaluation that:
• Builds upon needs assessments and RDCY strategic investment plans. • Incorporates the unique and varied questions and needs of RFCY, grantees, youth and key interest-holders.
• Demonstrates if and how programs implemented their proposed activities. • Using qualitative and quantitative data measures desired outcomes of strategic investments.
• Provides data that supports the continuous improvement of grantee program implementation and data use.
• Is updated after the initial design, based on feedback from evaluation partners.

Task 2 Activities
• Conduct a document review of grantee applications and reports. • Host strategic priority listening sessions with grantees and conduct grantee surveys to gather information related to program implementation, desired outcomes, and grantee need for evaluation technical assistance.
• Develop a logic model for each of the RFCY strategic priority areas. • Create qualitative and quantitative data collection instruments. • Generate an evaluation plan, including data collection and dissemination plans. • Revise the evaluation plan and data collection instruments according to lessons learned during the evaluation and changes to the strategic investment plan.

Task 3: Evaluation Implementation
After developing the evaluation plan, WestEd will begin data collection. By the end of year 2, WestEd will have evaluated each grant year individually and will have completed a comprehensive evaluation of the 3-year strategic funding across the priority areas. In addition, WestEd will evaluate FY 25-28 grantees by the end of the contract period. 270

__________
The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 3 Task 3 Activities
In year one of the project, WestEd will:
• Partner with and evaluate the 39 program grantees across all six strategic priority areas funded in FY2021-2022 and FY2022-2023.
• Analyze findings.
• Disseminate findings at a community meaning-making session (see Task 5: Engagement of Partners).

In year two of the project, WestEd will:
• Partner with and evaluate the program grantees across all six strategic priority areas funded in FY2023-2024.
• Analyze findings.
• Disseminate findings at a community meaning-making session and youth data summit (see Task 5: Engagement of Partners).

In subsequent years, WestEd will:
• Partner with and evaluate the quality and impact of programs funded in FY 25-28 through annual administration of a youth experience survey, a parent experience survey, a grantee survey, service provision data, and four to six grantee focus groups and interviews.
• Explore access to secondary data sources to support the evaluation. • Assess the technical assistance and capacity building needs of RFCY grantees through the annual administration of grantee surveys and four grantee focus groups. • Evaluate the implementation of the Richmond Department of Children and Youth’s technical assistance and capacity building supports (see Task 7: Facilitating Richmond Department of Children and Youth Continuous Improvement). • Disseminate findings to partners (see Task 4: Reporting and Task 5: Engagement of Partners).

Task 4: Reporting
WestEd will disseminate results to inform grantee and strategy-level funding decisions in a way that is most useful, timely, and accessible for clients, relevant partners, and the general public.

In our meetings with grantees and partners throughout this project (e.g. kick-off meeting, grantee meetings, and meaning-making sessions), we will collaborate to identify what formats and elements are desired in the reports. Grantees and community partners will have an opportunity to review and provide feedback on external reports before they are finalized.

Reports and memos for the Department will be developed iteratively in partnership with the RDCY and structured in a way most useful for the Departments’ staff.

Task 4 Activities
In years one and two, WestEd will:
271

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 4 Deliver two midyear reports, summarizing activities that occurred under each of the six tasks outlined in this scope of work.
• Deliver a year 1 report, summarizing RFCY’s funding and programming for grantees funded in FY2021-2022 and FY2022-2023, including information on programs, strategies, and outcomes.
• Deliver a final report that summarizes the totality of RFCY’s funding and programming, including information on programs, strategies, and outcomes.

In subsequent years, WestEd will:
• Deliver three annual reports, summarizing evaluation activities and presenting accompanying data from the evaluation.
• Deliver one comprehensive report that provides a summary of the implementation and impact of the fund from FY21-FY28, including information on programs, strategies, and outcomes.
• Create a program profile for each RFCY grantee funded across FY21-FY28 that features data reported to RDCY and participant experience data gathered throughout the evaluation. Program profiles will summarize key information about each grantee’s funded programs, the population served, and program-level outcomes of the strategic investment.
• Build and maintain a dashboard that provides a snapshot of summary-level evaluation data.
• Present annual reports to RDCY staff and other city interest holders.

Task 5: Partner Engagement
Aligned with the Richmond Department of Children and Youth’s commitment to engaging the community, we prioritize collaboration and collective decision-making with the Department, grantees, and the broader community of children, youth, and their families throughout this evaluation. RDCY, the RFCY Oversight Board, and RFCY grantees will actively partner on the design, methods, and approach used in this evaluation. As we learn about the strengths and needs of our partners, we will adapt our approach accordingly. WestEd will work closely with the Oversight Board, department staff, grantees, and other interest holders in the planning and implementation of the evaluation. WestEd is headquartered in San Francisco, CA with an additional office in Alameda, CA. These facilities will be available, at no additional cost, for in- person meetings and gatherings to support effective and efficient communication and collaboration.

272

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 5 Task 5 Activities
• Develop a partner engagement plan that describes what engagement activities will include and when they will take place.
• Leverage RDCY meetings and resources for outreach and engagement (e.g., RFCY Grantee meetings, RDCY Oversight Committee, Community Needs Assessment, strategic investment planning) to reduce unnecessary burden on partners. • Engage the RFCY oversight board to provide updates and feedback on the ongoing evaluation.
• Coordinate and/or attend meetings with RFCY grantees to provide updates on the evaluation and collaborate on the evaluation design, implementation, and data interpretation.
• Annually host 2-4 community meaning making sessions to engage community members in the evaluation process.
• Annually engage 8-15 youth in the evaluation to elevate youth voice, particularly those from traditionally underserved communities.
• Share partner engagement updates with RDCY during regular meetings that describe each community engagement event (e.g., meeting agenda, number and type of participants, key themes and takeaways), and how the information will be used to inform the RFCY Evaluation.

Task 6: Evaluation Technical Assistance for RFCY Grantees Technical assistance (TA) is a critical aspect of this program evaluation to build grantee capacity and sustain the effective use of data long term. Throughout the project, WestEd will be responsible for providing technical assistance to RFCY grantees to support their participation in the evaluation and use of evaluation data. WestEd will partner with grantees to understand their continuous improvement processes and provide high-quality training and technical assistance to build their capacity to engage in the evaluation.

Task 6 Activities
During years one and two, WestEd will:
• At grantee meetings, share evaluation-related updates and provide an opportunity for questions and input.
• Provide individualized coaching or feedback as requested by grantees, up to 2 individualized coaching sessions a month.
• Host quarterly open-door sessions to promote best practices in data collection and continuous improvement.

During subsequent years, WestEd will:
• On a quarterly basis, host grantee meetings to share evaluation-related updates and provide training on evaluation-related activities.
273

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 6 • Offer up to 10 one-on-one sessions, and four small-group technical assistance sessions to support grantee needs around RFCY data reporting across the contract period.

Task 7: Facilitating Richmond Department of Children and Youth Continuous Improvement
WestEd will partner with the Richmond Department of Children and Youth to identify ways in which the department can continuously improve their own work. Example topics might include building system alignment and coherence, strengthening the relationship with school district, strategic planning around data sharing, and providing guidance for building a city-wide referral system. Outputs of this task may include training, memos, and presentations.

Task 7 Activities
• Produce a memo of the annual grantee survey findings with recommendations for improving the administration of the RFCY and resources for grantees. • Twice a year, host feedback sessions for RFCY grantees to provide input and recommendations about desired technical assistance and capacity building supports. • During regular project meetings, facilitate data-based discussions on RDCY continuous improvement.
• Evaluate the implementation of the Richmond Department of Children and Youth’s technical assistance and capacity building supports.

274

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 7 Timeline of Project
Our timeline and project schedule is subject to revision based on the timing of contract award and is negotiable to meet RDCY’s needs.

Task Year 1
(Jul 23-
Jun 24)
Year 2
(Jul 24-
Jun 25)
Year 3
(Jul 25-
Jun 26)
Year 4
(Jul 26-Jun
27)
Year 5
(Jul 27-
Jun 28)

1. Project Management
Establish communication
strategy
Aug 2023
Develop Project
Management Plan
Aug-Sep
2023

Kickoff meeting Aug 2023
Meetings with RDCY Ongoing Ongoing Ongoing Ongoing Ongoing

2. Evaluation Design
Document Review Aug-Sep
2023

Listening Sessions with
Grantees & Co-design
Sep-Dec
2023

Design Logic Models Dec
2023-Jan
2-24

Create/Revise Data
Collection Instruments
Jan-Jun
2024
As
needed
As needed As needed As
needed
Pilot Mar-Apr
2024

Revise Evaluation Plan Feb 2026 Feb 2027

3. Evaluation
Implementation

Spring Program Data
Collection
May-July
2024
Mar-Apr
2025
Mar-Apr 2026 Mar-Apr
2027

Summer Program Data
Collection
July-Aug
2024
July-Aug 2025 July-Aug
2026
July-Aug
2027
Focus Groups and Grantee
Survey
Oct-Dec
2024
Oct-Dec 2025 Oct-Dec
2026
Oct-Dec
2027
Annual Analysis Jan 2025 Jan 2026 Jan 2027 Jan 2028

4. Reporting
Midyear Report Jan 2024 Jan 2025
Evaluation Plan Aug 2024
Program Profiles July-Aug
2024
Jun 2025 Oct 2025 Updated
annually
Updated
annually
Yearly Report Jun 2025 Feb 2026 Feb 2027 Feb 2028
Final Report Jun 2028
275

Grantee Meetings Ongoing Ongoing
Community Meaning
Making
Jan-Aug
2024
Jan-May
2025
Jul 2025 Jul 2026 Jul 2027
Jun 2028
Youth Engagment Mar-Apr
2024
Ongoing
quarterly
Ongoing
quarterly
Ongoing
quarterly
Ongoing
quarterly

6. Technical Assistance
Grantee Meetings Ongoing
quarterly
Ongoing
quarterly
Ongoing
quarterly
Ongoing
quarterly
Ongoing
quarterly

7. RDCY Continuous
Improvement

Grantee survey memo Jan 2025 Jan 2026 Jan 2027 Jan 2028 Feedback sessions Jun 2025
Dec 2025
Jun 2026
Dec 2026
Jun 2027
Dec 2027

*Note: The schedule for task 5, Partner Engagement is flexible and will be designed with the involvement of RDCY and the RFCY Oversight Committee. As such, the timeline for completion for partner engagement tasks is flexible.
276

WestEd's amended budget and costs for this project are shown in the budget tables below. The amendment budget includes actuals through November 2024 and projected costs through June 2028. Please note that the budget includes a set number of community engagement activities and participants (see table: participant support). If additional events and meetings with grantees are necessary, these meetings will be above the approved budget at our hourly rates using additional participant support budget.

The budget includes participant compensation, travel costs, office supplies & expenses, and outside services for WestEd project staff. Staffing costs are fully-loaded rates that include direct and indirect costs, see section below "Fully Loaded Staffing Costs."

Expenditures Year 1 Year 2 Year 3 Year 4 Year 5 Total
Indirect Costs
Labor Costs $259,123 $421,142 $365,209 $320,870 $288,283 $1,654,627 Other Indirect Costs* $660 $5,952 $3,263 $4,144 $5,222 $19,241 Total Indirect Costs $259,783 $427,094 $368,472 $325,014 $293,505 $1,673,868 Direct Costs
Travel** $2,310 $7,839 $5,339 $8,297 $8,129 $31,914
Participant Support** $603 $17,835 $10,250 $11,750 $17,375 $57,813 Outside Services and Supplies** $465 $4,477 $939 $939 $830 $7,650 Total Direct Costs $3,378 $30,151 $16,528 $20,986 $26,334 $97,377 Total Project Budget $263,161 $457,245 $385,000 $346,000 $319,839 $1,771,245

Fully Loaded Staffing Costs
The staffing costs shown in the budget include the staff's salary, benefits, overhead costs, indirect costs, and WestEd's management fee.

Salaries and Benefits
Employee salaries are based upon WestEd’s fiscal year salary schedule as approved by the agency’s Board of Directors. Salaries include the actual days worked for each employee. Salary rates are fully loaded rates. WestEd’s minimum working days for one full-time employee (FTE) are 222 per year (1,776 hours per year). Benefits include worker’s compensation, unemployment tax, and FICA for both employee classifications. Regular employees also receive retirement, medical/dental, life insurance, disability insurance, and other staff benefits.

Travel
Per diem is charged at GSA's approved reimbursement rates while mileage rate follows the IRS guideline. All other travel expense reimbursements are based on the Agency's policy. For each trip, other expenses include ground transportation (including shuttles, taxis, ride services, or trains), parking, tolls, and incidentals. Travel costs are charged either as a direct or indirect expense depending upon the purpose of the trip and the associated cost code charged. Travel 277

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 10 costs included in the budget include all costs for annual community meaning-making and on-site project meetings.

Travel Total Cost
Year 1 - Travel $2,310
Year 2 - Travel $7,839
Year 3 - Travel $5,339
Year 4 - Travel $8,297
Year 5 - Travel $8,129

Participant Support
WestEd will utilize stipends/honoraria to provide financial compensation to youth, family and community partners. Specific compensation will be determined in partnership with project partners and advisors and may include gift cards, certificates, or other specific items. The following costs reflect actual expenses through November 2024 and estimates of projected costs.

Costs under participant support include stipends for youth data collectors and youth co- evaluators as well as costs for annual community meaning-making events.

Participant Support Total Cost
Year 1 – Participant Support $603
Year 2 – Participant Support $17,835
Year 3 – Participant Support $10,250
Year 4 – Participant Support $11,750
Year 5 – Participant Support $17,375

Outside Services and Supplies
WestEd will utilize outside services and purchase supplies to conduct the evaluation.

Specifically, WestEd will utilize software for the analysis of grantee narrative reports, analysis of annual focus group data, and the collection of participant surveys. WestEd will utilize outside vendors to provide accurate transcripts of focus groups and translation of evaluation documents as needed. In addition, WestEd will have printing and shipping costs for the youth experience survey and parent experience surveys that are collected in the paper format.

Year 1 Year 2 Year 3 Year 4 Year 5 Total
Outside Services and
Supplies $465 $4,477 $939 $939 $830 $7,650

Indirect
The Agency’s indirect cost rate (overhead rate) is negotiated with its cognizant agency, the United States Department of Education. The budget reflects actual indirect costs through October 2024 and WestEd's 2024 indirect rate of 14.1% for projected costs. WestEd’s indirect cost pool includes Board/Board support, the Executive Director’s Office, Resource Development, Communications, Contracts, and Accounting/Finance Services. 278

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The information contained on this page and in this document are confidential and proprietary to WestEd and should not be shared with any third party without the explicit authorization of WestEd. 11 Management Fee
The inclusion of fees on contracts awarded to organizations like WestEd has been a common practice by federal agencies for many years. The government recognizes that the cost principles under which contractors can claim reimbursement of costs incurred on a project do not allow recovery of all necessary and pertinent costs of doing business. In order for the contractor to remain viable, a fee must be received. This conclusion has been accepted by the General Accounting Office and is supported by numerous studies conducted on the subject.

279
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
280
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

281
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

282
283
284
2 13 2025
285

Page 1 of 3 ends

April 15, 2025

Economic Development
Port

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst

Subject: Grant Funding from the Bay Area Air Quality Management District (BAAQMD)
FINANCIAL IMPACT: The amendment increases the existing grant by $1,599,500, bringing the total funding from the Bay Area Air Quality Management District (BAAQMD) to
$2,602,750.

November 15, 2022

STATEMENT OF THE
ISSUE:

City staff seeks authorization to accept and appropriate additional grant funding from the BAAQMD to support the installation of grid-based shore power at the Port of
Richmond, reducing emissions and aligning with state
environmental regulations.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE the
$1,599,500 grant award from the Bay Area Air Quality
Management District (BAAQMD) to the City of
Richmond’s Port Division – Economic Development
Department (Nannette Beacham 510-621-1306/Charles
Gerard 510-620-6792/Lizeht Zepeda 510-620-6653/Kyle
Lam 510-620-6802).

AGENDA
REPORT
286

Page 2 of 3 ends

April 15, 2025

DISCUSSION:

Background

On November 15, 2022, the City Council accepted and appropriated a $1,003,250 grant award from the Bay Area Air Quality Management District (BAAQMD) for a project to reduce emissions by installing grid-based shore-side power at Berths 7 and 8 at the Point Potrero Marine Terminal (PPMT) in the Port of Richmond (Attachment 1).

The project consists of purchasing and installing major infrastructure for shore power at Berths 7 and 8. These deep-water berths are currently active with the Port tenant, Auto Warehousing Company (AWC). AWC performs logistics functions, specifically handling imported automobiles from Japan. AWC receives one to two vessels per week for their roll-on/roll-off (RORO) operations, employing over 100 local union jobs when vessels are berthed at the Port of Richmond.

The installation of shore power will reduce diesel emissions from marine vessels while docked. Once installed, providing electrical power from the shore to a ship will allow the vessel’s auxiliary engines to be turned off, eliminating the burning of fuel-based hydrocarbons.

The funding originates from the State’s Volkswagen Mitigation Trust Fund Zero- Emission Freight and Marine Program grant. The Volkswagen Environmental Mitigation Trust was established as part of a settlement reached between the United States District Court for the Northern District of California and Volkswagen for VW’s use of illegal diesel vehicles.

The Bay Area Air Quality Management District (BAAQMD) is administering the grant.

The Zero-Emission Freight and Marine Program (Program) provides funding for replacing airport ground support equipment (GSE), forklifts, and port cargo handling equipment (CHE), repowering marine engines to zero emissions, and installing shore power at berths in Regulated California Waters.

On May 28, 2021, the Port affirmed it is an eligible applicant under the Program for shore power installation. The Air District confirmed the City’s eligibility for Program funding based on cost-effectiveness, Program Guidance, and the information provided in the City’s application. As part of the requirements, the City entered into a grant agreement with BAAQMD in July 2022.

By January 1, 2025, the California Air Resources Board required that roll-on/roll-off vessels implement measures to reduce nitrogen oxides (NOx), reactive organic gases (ROG), particulate matter (PM), diesel particulate matter (DPM), and greenhouse gas (GHG) emissions while docked at berth. These funds will help the Port meet this requirement.

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April 15, 2025

In 2023, the Port issued a Request for Proposals (RFP) through the City’s Bids Online System. As a result of this solicitation, in 2024, the Port selected Rosendin Electric, Inc. to finalize the design of the shore power system and coordinate with vendors to procure specialized equipment. The contract with Rosendin Electric, Inc. allows the Port to comply with the grant requirements and advances the project to reduce emissions.

Next Steps and Recommended Action

The Port of Richmond seeks City Council approval to adopt a resolution to accept and appropriate an additional $1,599,500 in grant funding from BAAQMD, bringing the total grant to $2,602,750 (Attachment 2). Upon approval, the Port Director or their designee will execute the grant agreement amendment (Attachment 3).

SYNERGISTIC POLICIES:

City Council Goals and Priorities - Strategic Goal Area 2.5: Revitalization of the Port.

This grant amendment will help innovate the Port.

DOCUMENTS ATTACHED:

Attachment 1 – Original Grant Agreement
Attachment 2 – Resolution
Attachment 3 – First Amendment to the Grant Agreement
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16 VOLKSWAGEN MITIGATION TRUST FUND

ZERO EMISISON FREIGHT AND MARINE PROGRAM GRANT AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT

AND

PORT OF RICHMOND

VWFM-21-0319
This Volkswagen Mitigation Trust Fund Zero-Emission Freight and Marine Program grant agreement (“Agreement”) is made and entered into between Port of Richmond, hereinafter referred to as “Grantee,” and the Bay Area Air Quality Management District, hereinafter referred to as the “Grantor” or “Air District,” hereinafter collectively referred to as the “Parties.”

RECITALS
1) The Volkswagen (“VW”) Environmental Mitigation Trust (“Trust”) was established as part of a settlement reached between the United States District Court for the Northern District of California and Volkswagen for VW’s use of illegal defeat devices in certain 2.0-liter and 3.0-liter diesel vehicles. Through the Trust, funding will be awarded to Eligible Mitigation Actions as prescribed in the settlement’s Consent Decree that are intended to fully mitigate the excess NOx emissions caused by VW’s use of illegal emissions testing defeat devices in subject diesel vehicles.
2) The California Air Resources Board (“CARB”) is the designated Lead Agency acting on the State’s behalf as beneficiary to implement California’s share of Trust funds totaling approximately $423 million. 3) On May 25, 2018, CARB approved the Beneficiary Mitigation Plan for California, which contains the eligible mitigation actions (or project funding categories) that will be funded from the State’s allocation of the VW Trust, describes the goals and basic requirements for each category, and designated the Air District as the statewide administrator for the Zero-Emission Freight and Marine Projects category. 4) On March 13, 2019, CARB and the Air District executed a grant agreement (Grant Number: G18-VWM- 02), pursuant to which Air District will administer VW Trust funds statewide for the Zero-Emission Freight and Marine Projects category.
5) The Zero-Emission Freight and Marine Program (“Program”) provides funding for the replacement of airport ground support equipment (“GSE”), forklifts, port cargo handling equipment (“CHE”), the repower of marine engines to zero-emissions, and installation of shore power at berths in Regulated California Waters. On May 12, 2021, following CARB’s approval, the Air District first released the Program Guidance for Zero-Emission Freight and Marine Program (“Program Guidance”) to describe requirements, applicant and project eligibility, application process, evaluation criteria, reporting, inspection, implementation and operation, and other requirements and subsequently updated the Program Guidance on the program website at https://www.californiavwtrust.org/zero-freight-marine/ on May 28, 2021. The Grantee has affirmed it is an “eligible applicant” under the Program and has affirmed that it shall comply with all Program requirements set forth in the Zero-Emission Freight and Marine Program Solicitation (“Program Guidance”), which are incorporated herein and made a part hereof by this reference as if fully set forth herein.

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16 6) The Air District confirmed the eligibility for Program funding of the project component(s) proposed by Grantee based on cost-effectiveness, the Program Guidance, and the information provided in the Grantee’s application (“Project”).

In entering into this Agreement, the Air District has relied upon the Grantee’s promises made and Grantee’s representations in Grantee's complete project application in determining the eligibility of the Grantee at contract execution date, which are incorporated herein and made a part hereof by this reference as if fully set forth herein.
7) This Agreement is made pursuant to, and in accordance with, the requirements of the Program Guidance.

Any questions or disputes the Parties may have regarding the implementation of this Agreement shall be resolved in accordance with the Program Guidance, which are incorporated herein and made a part hereof by this reference as if fully set forth herein.

Final eligibility is based on a completed pre-inspection and the verification that the Project meets all the requirements for this Program.

SECTION I
GRANTEE AGREES:
1) To implement the Project in accordance with the terms and conditions of this Agreement and all attachments hereto. Failure to do so will be deemed a breach of this Agreement, and the Air District may terminate this Agreement pursuant to the termination provisions herein. 2) To maintain each piece of new, funded equipment (“Project Equipment”) in good working order and in accordance with the manufacturer’s specifications throughout the Project Equipment Operational Term (which is defined in Section III.1 below). No tampering or modification of the Project Equipment is allowed.

Project Equipment must be new and not have been previously owned or registered in any State, not have been purchased prior to Grant Agreement execution, and not be a converted or aftermarket product. Any equipment that has been converted by modifying the existing engine with aftermarket parts or equipment to create a zero-emission equipment are not eligible, unless the entire completed zero-emission equipment has received CARB approval.
3) To complete the Project in accordance with the payment and reporting conditions identified in Attachment A. The Air District’s funding obligation under this Agreement is limited to reimbursement of Eligible Costs, the amount of which shall not exceed the Total Grant Funds Awarded specified in Attachment A, Paragraph 5. Any Project costs that exceed Funds Awarded per project component, as allocated in Attachment A Table 1, are the sole responsibility of the Grantee. 4) To allow the staff and third-party partners of the Air District to inspect the Project Equipment and to conduct financial and performance audits of the Project. Grantee agrees that the Air District, CARB, or their respective designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Project. Grantee further agrees to cooperate fully with such inspections and audits, including providing on a timely basis copies of any Project records related to performance of this Agreement requested by the Air District or CARB. 5) To acknowledge the Air District and the Trust Program as a funding source for the Project in any related media events, articles, news releases or other publicity materials. Grantee must obtain prior written approval by the Air District in order to disseminate any report or other document describing the Program, the Project, or this Agreement.

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16 6) To assure that all funds received under this Agreement are expended only in accordance with the requirements of the Program, this Agreement, and all applicable provisions of law and regulations. 7) If applicable, to permanently remove from service and destroy any equipment replaced as part of the Project (“Baseline Equipment”) by the deadline specified in Attachment A Paragraph 9, and to provide documentation to support destruction of the Baseline Equipment. Failure to permanently destroy the Baseline Equipment shall be deemed a breach of this Agreement. 8) To monitor the operational status of each piece of Project Equipment throughout the Project Equipment Operational Period. Grantee will notify the Air District in writing of any change in operational status of any Project Equipment funded and installed under this Agreement within thirty (30) calendar days of its occurrence. For purposes of this Agreement, a “change in operational status” occurs whenever any Project Equipment is removed from active service, relocated outside the boundaries of the census track designated in the application, wrecked, scrapped, sold, or transferred to another entity before full completion of the Project Equipment Operational Period. If Grantee fails to provide the required written notice of a change in operational status on a timely basis, Grantee is subject to the repayment requirements set forth in Paragraph 15 of Attachment A. 9) To neither seek nor accept other private or public financial incentives for the Project without prior approval from the Air District. If Grantee seeks or accepts such funds or incentives without prior Air District approval, the Air District may terminate this Agreement for breach, which may also disqualify Grantee from participating in future Air District incentive programs. 10) To obtain and maintain the insurance coverage specified in “Insurance Requirements,” Attachment B, and to comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage or to comply with all insurance requirements shall be deemed a breach of this Agreement. 11) Reserved.
12) To maintain and retain the Project records for at least three years from the date of the final Project payment or three complete annual reporting cycles following the date of the final Project payment, whichever period end date is later. An annual reporting cycle is a full calendar year. 13) To comply with all “Special Conditions,” set forth in Attachment A. 14) Nondiscrimination: During the performance of this Grant Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 10000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
15) To be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages paid to workers employed on public works and to provide confirmation of compliance if requested. 16) To accept tax liability associated with accepting grant funds.

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16 SECTION II
AIR DISTRICT AGREES:
1) To reimburse Grantee for Eligible Costs in an amount not to exceed the total grant funds awarded by the Air District, which are specified in Attachment A (“Total Grant Funds Awarded”). 2) To endeavor to pay the undisputed invoiced amount of the Eligible Costs within thirty (30) calendar days of approval of the invoice.
3) To deliver the payment following the Air District’s verification that Grantee has completed the Project or Project Milestone Deliverable. Verification by Air District will include, but not be limited to, physical inspection of any Project Equipment specified in Attachment A, confirmation that the Project Equipment is operational and in service, and review of evidence and confirmation of the permanent destruction of any applicable Baseline Equipment replaced as part of the Project. 4) To provide reasonable notice to Grantee prior to the Air District’s or CARB’s inspection or audit of the Project. What constitutes “reasonable notice” may be based in part upon any prior notice from CARB received by the Air District of such CARB audit or inspection. 5) CARB is an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms of the Agreement to ensure emission reductions are obtained.

SECTION III
AIR DISTRICT AND GRANTEE AGREE:
1) Agreement Term, Project Equipment Operational Period, and Project Term: The term of this Agreement (“Agreement Term”) begins on the Effective Date and shall remain in effect until the conclusion of all Project Equipment Operational Periods, as set forth in Attachment A unless this Agreement is terminated earlier. A Project Equipment Operational Period begins when the piece of Project Equipment has been successfully inspected by the Air District and concludes upon the satisfaction of the usage requirement and project life requirement for that piece of Project Equipment. The Project Term begins at the start of the earliest Project Equipment Operational Period and ends at the conclusion of all Project Equipment Operational Periods. The Project Equipment Operational Period for each piece of Project Equipment is set forth in Table 1 of Attachment A. In no event shall Grantee own and operate a piece of Project Equipment for less than three years from the date the new unit is put into service, or the minimum project term specified in the Program Guidance, whichever is longer. 2) Termination:
a) Either party may terminate this Agreement at will, and without specifying any reason, at any time prior to the Air District’s transfer of Project funds by notifying the other party in writing. The notice of termination shall specify the effective date of termination, which shall be no less than thirty (30) calendar days from the date of delivery of such notice. Notice shall be delivered in accordance with the Notice provisions set forth in Paragraph 5 below. b) The Air District may terminate this Agreement for breach of the Agreement by Grantee by giving Grantee a minimum of ten (10) business days written notice of such breach and the opportunity to cure the breach within that period of time. The notice will specify the amount of Project Grant Funds to be reimbursed to the Air District, if any, which Grantee shall reimburse within thirty (30) days of the effective date of termination. The Air District shall calculate the reimbursement based on the repayment formula set forth in Paragraph 15 of Attachment A.

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16 c) The Air District shall not pay any Project Grant Funds in the event that this Agreement is terminated and no funds have been expended by Grantee. If the Project has been completed and the Air District has paid the grant funds to Grantee, Grantee may not terminate this Agreement pursuant to subparagraph 2(a), unless it reimburses the Air District the amount of Project Grant Funds due based on the repayment formula set forth in Paragraph 15 of Attachment A. 3) Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments that are reasonably required to carry out the provisions, intent, and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 4) Indemnification: Grantee shall indemnify and hold harmless CARB, the Air District, its officers, employees, agents, representatives, and successors-in-interest from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance by Grantee of its duties and obligations under this Agreement, and arising out of the operation of the engine and vehicle, vessel or other equipment that is the subject of this Agreement by the Grantee or its officers, agents, employees, representatives and successors in interest. The Grantee’s indemnification obligation and its obligation to have applicable third parties indemnify the Air District shall survive expiration or termination of this Agreement.
5) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing.

Notice shall be in writing sent by e-mail and shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of e-mail communications shall be deemed to have occurred on the following business day.

Air District

Grantee

Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Attn: Director of Strategic Incentives
Project VWFM-21-0319
[email protected]

Port of Richmond
1322 Canal Boulevard
Richmond, CA 94804
Attn: Alex Wolken
Project VWFM-21-0319
[email protected]

6) Contacts: The Contact for the Grantee shall be the person named in the Project application, which shall also list the Contact’s address, telephone number, fax number and e-mail address. The Contact shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Project. The Grantee shall notify the Air District of a change of the Contact’s name or contact information in writing no later than thirty (30) days from the date of any change. The Contact DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 293

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16 for the Air District shall be the person named in the Air District’s project application form. The Air District shall notify the Grantee of a change of the Contact’s name or contact information in writing no later than thirty (30) days from the date of any change.
7) Project Number: All correspondence shall reference this Agreement, which is the same as the “Project Application Number.”
8) Integration of Agreement: This Agreement represents the final, complete, and exclusive statement of the agreement between the Grantee and the Air District and supersedes all prior and contemporaneous understandings and agreements of the Parties. No Party has been induced to enter into this Agreement nor is any party relying upon, any representation or warranty outside those expressly set forth herein. 9) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt to modify this Agreement orally shall be void and of no effect. Any change in Project scope shall constitute an amendment under this Agreement.
10) Independent Contractor: Grantee is an independent contractor. None of Grantee's officers, employees, agents, contractors, subcontractors, or vendors are, nor shall they be considered, officers, employees, agents, contractors, subcontractors, or vendors of the Air District. 11) Assignment and Leasing: Grantee may not assign, sell, transfer, license, or subcontract or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District.

Any lease or rental entity that leases or rents Project Equipment maintains responsibility for all recordkeeping and reporting requirements and must disclose the recordkeeping and reporting requirements to the renter or lessee. The lease or rental agreement must be a minimum of 36 months, ensure that all required annual activity reports are submitted, and include requirements that the Project Equipment operates in California as required by this Agreement. Grantee must provide the Air District all requested information including lease or rental agreements within ten business days of written request. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, regardless of similarity, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant or condition of this Agreement and the failure of a party to exercise any rights or remedies hereunder shall not be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants or conditions, or to exercise any future rights or remedies. 13) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions thereof shall not be affected.
14) Effective Date: The effective date of this Agreement is the date the Air District’s Executive Officer/Air Pollution Control Officer executes this Agreement.
15) Eligible Costs: Only the actual Project costs described in Attachment A Paragraph 5 and that are incurred after the Effective Date and prior to termination of the Agreement or upon Air District’s verification that Grantee has completed the Project, whichever occurs first, are eligible for reimbursement with Program Grant funds (“Eligible Costs”).
16) Cost Reduction: In the event that the “Total Project Cost” is less than the amount listed in Attachment A, the Air District shall recalculate its contribution to the Project in accordance with the provisions of Paragraph 4 of Attachment A.
17) Force Majeure: Neither CARB, the Air District nor Grantee shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 294

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16 labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of the services, or other causes, except financial, that are beyond the reasonable control of CARB, the Air District or Grantee, for a period of time equal to the period of such force majeure event, provided that the party failing to perform notifies the other party within fifteen (15) calendar days of discovery of the force majeure event, and provided further that that party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to party’s own action or inaction, then such cause shall not excuse that party from performance under this Contract. Notwithstanding the above, fire or casualty loss to Project Equipment shall not excuse Grantee’s to perform under this Agreement. Grantee shall be responsible to repair or replace Project Equipment or to reimburse the Air District in accordance with Attachment A Paragraph 15.
18) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement shall be San Francisco, California. 19) Emissions Testing: The Air District may conduct emissions testing, at its expense, on any Project Equipment that is purchased or modified as part of the Project, including a vehicle or vessel. Testing for a piece of Project Equipment will be limited to no more than once per calendar year during the Project Equipment Operational Period. Testing will be conducted according to a schedule agreed upon by both Parties.
20) Emission Reductions: The Air District retains the exclusive right to claim any NOx emission reduction credits under State or Federal law that might result from emissions reduced by the Project implemented pursuant to this Agreement. The emissions reduced by the Project may not be used by Grantee to comply with any local, State, or Federal air pollution regulation or law, or used to fulfill Grantee’s obligations arising out of any order, settlement contract, memorandum of understanding, or other binding legal document.
21) Preliminary Inspection: Air District or its designee reserves the right to perform a preliminary inspection of any Baseline Equipment, as applicable, prior to implementation of the Project. Grantee shall facilitate and cooperate with any Air District inspection. Grantee must demonstrate to the Air District that any Baseline Equipment to be replaced under this Agreement is fully operational at the time of the preliminary inspection. Grantee must also facilitate the Air District in obtaining and confirming equipment information (e.g., model year, serial numbers, power rating) at the time of inspection. Failure to demonstrate that the applicable Baseline Equipment to be replaced is operational at the time of the preliminary inspection shall be deemed a breach of this Agreement and the Air District may terminate the Agreement per Section III.7. 22) Post-Project Inspection: Air District or its designee reserves the right to perform a post-project inspection of the Project Equipment funded under the terms of this Agreement to verify that the Project has been implemented according to the terms of this Agreement. Grantee shall facilitate the Air District inspection and make the new Project Equipment available for the post-project inspection, which may include a test to verify that the Project Equipment is fully operational and pre-installation interim inspection/s of engines, tanks or similar funded components whose tags or labels will not be visible after installation, to document that Project Equipment complies with Program requirements. Post-project inspection will include verification of the destruction of any replaced Baseline Equipment, as applicable. Grantee must contact the Air District to arrange post-project inspection and should provide at least two business days advanced notice for scheduling.
23) Compliance with Program Guidance: The Grantee agrees to implement the Project in accordance with all requirements set forth in the Program Guidance. Any questions or disputes the Parties may have regarding DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 295

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16 the implementation of this Agreement shall be resolved in accordance with the applicable Program Guidance.
24) Enforcement: Both the Air District and CARB have the authority to inspect the Project, enforce the terms of this Agreement, and pursue repayment of grant funds for noncompliance with the terms and conditions of this Agreement or applicable state laws or regulations throughout the Agreement Term. The following circumstances are the bases under which the Air District seeks repayment of grant funds: Grantee’s failure to comply with the terms of this Agreement, including the requirements set forth in Section I; Grantee’s failure to implement the Project in compliance with Program Guidance; as set forth in Attachment A and Grantee’s failure to comply with requirements set forth in Attachment A, which could reduce the air quality benefits of this Project.
25) Public Documents: To the extent not otherwise prohibited by law, and to the extent required by the California Act (Government Code section 6250 et seq.), the Grantee will place in the public domain any software, written document or other product developed with Program funds as part of the Project. 26) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns.
27) Public Entities Conflict of Interest: The Grantee warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code sections 1090 et seq. and 87100 et seq. during the performance of this Agreement.

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16 IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be duly executed on their behalf by their authorized representatives.

SIGNATURES:

Bay Area Air Quality Management District

By: ____________________________________ Date: _________ Sharon Landers
Interim Executive Officer/Air Pollution Control Officer Bay Area Air Quality Management District

Approved as to legal form:

By: ____________________________________

Alexander Crockett
District Counsel
Bay Area Air Quality Management District

Grantee

By: ____________________________________ Date: _________ Alan Wolken
Port Director
Port of Richmond

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 7/22/2022
7/26/2022
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16 ATTACHMENT A - PROJECT SPECIFIC INFORMATION

[Note: The section numbers shown in parenthesis below refer to Sections in the Agreement.]

1. Grantee: Port of Richmond

2. Grant Number (Section III.7): VWFM-21-0319

3. Air District Approval Date (Section III.14): The Effective Date of this Agreement.

4. Total Grant Funds Awarded (Sections I.3, II.1, and III.15): $1,003,250 The Air District will pay the awarded Eligible Costs of the Project Equipment, less any amount from an Air District approved co-funding source as adjusted and set forth in Table 1 below. Payment shall not exceed the permitted Funds Awarded for the individual Project Equipment as specified in Table 1 below. In no event shall the Total Grant Funds Awarded for all Project Equipment exceed $1,003,250. Funds Awarded may only be used to cover Eligible Costs as described in this Agreement.

5. Total Project Cost (Sections I.3 and III.15): A detailed breakdown of project costs and Project Equipment information is shown in Table 1:

Berth
Number
New Equipment
or Eligible Cost
Item
Description*
Eligible
Costs
Maximum
% of
Funding of
Eligible
Costs
Minimum Usage &
Equipment
Operational Period
% Operation
in CA
Funds
Awarded
Point Potrero
Marine
Terminal
Berth 7 and 8
Shore power
station with one
shore power outlet
1800kW+
$1,003,250 100%
2,150 MWh electricity
delivered to
unregulated vessels
and
3 years
100% $1,003,250
Total award: $1,003,250

6. Project Description: Shore Power Installation
Table 1 provides the details of the grid-based shore side power installation at Berths 7/8 at the Point Potrero Marine Terminal, Port of Richmond. Awarded projects will consist of the purchase and installation of the major infrastructure listed in Table l, as well as all associated related and ancillary infrastructure, and is expected to operate in accordance with the Project details listed in Table 1. Any change in Project Equipment specifications or Project Description must receive written approval in advance by the Air District.

For shore power installation projects, the electricity delivered must be for vessels that are unregulated by the CARB At-Berth Regulation. If vessel visits do not provide surplus NOx emission reductions, the grant funding may be reduced or withdrawn by the Air District.

7. Project Term (Section III.1): Table 1 lists the required usage and Project Equipment Operational Period for each piece of Project Equipment. The “Minimum Usage” listed in Table 1 represents the minimum number of hours, energy, or ship visits (as applicable) the Project Equipment is to operate during the Project Equipment Operational Period which represents the minimum number of years over which the Project Equipment is to operate under this Agreement. The Project Equipment Operational Period begins when the Project Equipment has been confirmed operational by the Air District. The Project Term concludes upon the

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16 satisfaction of the usage and Project Equipment Operational Period requirements for each piece of Project Equipment and upon confirmation by the Air District that all Project requirements have been met.

8. Operating Parameters: Air District has awarded this Grant based upon Grantee’s agreement to operate the Project Equipment for the usage identified in Table 1 of this Attachment. Grantee shall operate Project Equipment within California as specified in Table 1. In no event shall Grantee operate the Project Equipment less than the minimum project term specified in the Program Guidance. Pursuant to Paragraph 15 of this Attachment, Grantee may be required to repay Grant funds if unable to satisfy the Project’s usage and project life requirements identified in Table 1.

9. Project Schedule: By no later than November 15, 2023, the shore power must be installed by Grantee and put into service and inspected by the Air District. Inspections may occur at any time prior to Grant Agreement execution and throughout the contract term. If applicable, Grantee must scrap the Baseline Equipment within 60 days of when the Project Equipment becomes operational. New equipment for heavy- lift forklifts, CHE, and GSE must be placed into service and operational within 18 months of a Notice to Proceed. Copies of purchase order must be submitted within 3 months of a Notice to Proceed.

10. Reserved.

11. Reserved.

12. Reserved.

13. Project Implementation Report and Request for Payment (Section I): No later than ninety (90) days from when the Project Equipment becomes operational, Grantee shall submit a Project Implementation Report, an IRS W-9 form, and a project invoice to request payment of the Eligible Costs of Project Equipment. The Project Implementation Report shall:
 Provide documentation for all Eligible Costs, document the equipment serial number(s), and include a description of the Project Equipment purchased.  Demonstrate the costs are Eligible Costs and have been expended in compliance with the Project Description and, the Project Schedule.
 Itemize the total funds requested for this reimbursement, which shall include an itemization of payments to vendors, consultants, and contractors.
 Include copies of invoices that document the goods and services provided by vendors, consultants, and contractors and documentation of the total hours incurred to complete the Project, the hourly rates of any labor charges, the costs of such goods, and any other Eligible Costs.  Be submitted with a summary sheet that specifies the Project Number. If costs are incurred that are not directly related to the Project as described in Paragraph 5 of this Attachment, all such costs must either be deleted when the Project invoice is prepared, or clearly identified as costs that are not eligible for reimbursement by the Air District.



Include proof of warranty as required by the Program Guidance for the specific project option and type of Project Equipment described in Table 1 of this attachment.

14. Annual Monitoring Reports: The annual reporting cycle is a calendar year January 1 through December

31. Grantee shall submit an annual monitoring report each calendar year for the Project Term in a format approved and provided by the Air District. The monitoring report shall include, but is not limited to, the following information:
 Port, terminal, and berth name(s)/identifier(s) for the shore power system (System).  Date and location of the System installation (operation).  Total number of ship visits to the berth
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16  Total power usage (Megawatt-hours) dispensed to vessels that are not required to use shore power by CARB’s At-Berth regulation using the System.
 Each use of the System (System), inclusive of the following information:
o Vessel type, name, and Lloyd’s numbers
o Date and times that System initially plugged into vessel and subsequently unplugged from vessel o Total hours the System was connected to a vessel
o Power usage (kilowatt-hour) supplied to the vessel to displace use of auxiliary engine(s).  Date, time, and description of any equipment failure of the System that affected the ability of the vessel to control auxiliary engine emissions.
 Summary of System maintenance, source testing, and inspections conducted.  Signed certification statement that all Project Equipment was operated in accordance with this Agreement and that all information submitted is true and accurate.  A copy of any new or updated Terminal Plans submitted to CARB for reporting purposes under applicable shore power regulation(s)
 Other information as requested by the Air District.

The first annual report shall be submitted by February 1 of the year following execution of the Grant Agreement to cover the period from the start of the Project Equipment Operational Period through December 31 of the prior year. The first annual report shall include a report on the Grantee’s progress in meeting milestones listed in the Project Schedule as set forth in Paragraph 9 of this Attachment. Subsequent annual reports shall be submitted by February 1st of each succeeding year with the final annual monitoring report due by February 1st following the last year of the Project Term. If Grantee fails to submit annual monitoring reports in a timely fashion, the Air District shall perform a project performance audit. Failure to submit monitoring reports could be considered a breach of this Agreement and may jeopardize Grantee’s eligibility to participate in future incentive and grant programs.

15. Repayment of Grant Funds for Failure to Complete Project: Grantee shall repay the Total Grant Funds Awarded on a prorated basis for selling, retiring, scrapping, or removing any piece of Project Equipment from service prior to completing its Project Equipment Operational Period. The fraction of funds to be repaid will be determined by subtracting the usage of the Project Equipment at the time of sale, retirement, scrapping, or removal from service from total usage pursuant to Paragraph 7 of this Attachment and dividing that result by the total usage. At its sole discretion, the Air District may waive repayment if it determines, that Grantee’s failure to complete the Project was due to events beyond Grantee’s reasonable control.

The Air District may waive repayment if, prior to sale of Project Equipment, the Grantee facilitates transfer of this Agreement by the Air District to the subsequent owner who agrees to assume all obligations under this Agreement and specifically agrees to continue operation of the Project Equipment in order to provide equivalent emission reductions in accordance with Program Guidance.

16. Special Conditions:

A. Reserved
B. Operation in California: For the duration of the Project Equipment Operational Period, Grantee shall operate the Project Equipment within California, and if applicable in the disadvantaged or low-income communities as specified in the “% Operation” column in Table 1 of Attachment A.

Grantee must demonstrate, as part of the Annual Monitoring Reports, that the percentages of operation within California as identified in Table 1 have been achieved for each year of operation. Failure to do so may result in repayment of grant funds.

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16 C. In addition to Paragraph 13 of Attachment A, the grantee must demonstrate with documented evidence that the project is expected to meet or has already met the electricity usage requirements (MWh delivered) specified in Table 1 of Attachment A to vessels not required to use shore power by CARB’s At-Berth regulation. The Air District may elect to issue partial payment(s) based on electricity already delivered or expected to be delivered at the Air District’s discretion.

If the actual amount of electricity delivered to vessels not required to use shore power by CARB’s At-Berth regulation is less than the amount specified in Table 1 of Attachment A, the maximum allowable reimbursement payment shall be pro-rated based on the following formula:

𝑀𝑎𝑥𝑖𝑚𝑢𝑚 𝑅𝑒𝑖𝑚𝑏𝑢𝑟𝑠𝑒𝑚𝑒𝑛𝑡 ($) = 𝑂𝑟𝑖𝑔𝑖𝑛𝑎𝑙 𝐹𝑢𝑛𝑑𝑠 𝐴𝑤𝑎𝑟𝑑𝑒𝑑 ($) × 𝐸𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦 𝐷𝑒𝑙𝑖𝑣𝑒𝑟𝑒𝑑 ∗(# 𝑀𝑊ℎ) 𝐸𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑡𝑜 𝑏𝑒 𝐷𝑒𝑙𝑖𝑣𝑒𝑟𝑒𝑑 (# 𝑀𝑊ℎ)
*Must be delivered to vessels not subject to California At-Berth Regulation

D. The installed shore power system must comply with international shore power design standards (ISO/IEC/IEEE 80005-1-2012 High Voltage Shore Connection Systems or the IEC/PAS 80005- 3:2014 Low Voltage Shore Connection Systems).

E. Reserved.

F. The Grantee shall at any time during the contract Term agree to accept the installation and use of an on-board electronic monitoring device if requested by the Air District.

G. As required by the Program Guidance, Grantee shall ensure that Project Equipment shall be equipped with a tamper-proof, non-resetting hour or energy meter (as applicable). If this meter fails during the Project Equipment Operational Period, the Grantee must notify the Air District and take action to repair or replace the meter within thirty (30) days.

H. Reserved.

I. Reserved.

J. Reserved.

K. By signing this Section K, the Contact, on behalf of Grantee, certifies that the following statements are true statements and affirmations of the Grantee to the best of its knowledge:

1. I certify that the fleet, engine(s) and equipment are in compliance with all applicable Federal, State, and local air quality rules and regulations as of the Effective Date of this Agreement.

2. I understand that I must maintain compliance with all applicable Federal, State, and local air quality rules and regulations for the Project Term.

3. I have disclosed to the Air District all other all private or public financial incentives applied for or used for this Project.

4. I will not apply for or receive other private or public financial incentives for the Project without prior approval from the Air District, including any sources that become available after the Effective Date of this Agreement. The receipt of additional public funding for the Project Equipment could result in a reduction of the Total Grant Funds Awarded.

5. I understand that the following requirements apply to additional private or public financial incentives used to support this Project.
a. Grantee must meet all criteria associated with each funding source used to fund the Project.
b. The total of all incentives for the Project must not exceed the total project costs.

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16 c. Grantees that are not public entities must satisfy the match requirements using only eligible sources of funding, as laid out in the Program Guidance or as confirmed in writing by the Air District.
d. All NOx emission reductions achieved through this Project and paid for with Project Funds and Grantee matching funds [or funds comprising Total Grant Funds Awarded] will be credited as reductions to the VW Program. Matching funds may not lead to double counting of NOx benefits. Other emission reductions, such as greenhouse gas emissions, may be claimed by the other programs used in co-funding this project.

Signature: _____________________________________________________

Name (printed): _________________________________________________

Title: ________________________________________ Date: ____________

L. Security Interest: Grantee hereby grants the Air District a security interest in the Project Equipment that has been purchased partially or entirely with funding provided by the Air District pursuant to this Agreement and any amendments thereto. Grantee acknowledges and agrees that the Air District shall have all lien rights as a secured creditor on the Project Equipment throughout the Term of the Agreement. Grantee agrees and authorizes the Air District to file a Uniform Commercial Code (UCC) financing statement (Form UCC-1) or similar security instrument to secure its interests in the Project Equipment. In the event the Project Equipment is repossessed or Grantee files for dissolution or bankruptcy protection, Grantee shall notify the Air District within ten (10) business days of the repossession or court filing.

M. Reserved.

N. Reserved.

O. Projects that include fueling or charging infrastructure Project Equipment:
 Grantee must either own the land on which the Project infrastructure is installed or control the land through a long-term lease, easement or other legal arrangement for the duration of the Project Term.
 Work must be performed by a licensed contractor and infrastructure equipment and parts must be new. Remanufactured or refurbished equipment and parts are not eligible.  The fueling and charging infrastructure equipment must be in operating condition for the duration of the Project Term.
 Grantee shall operate annually for the Projected Annual Usage and number of Hours or Visits specified in Table 1 of Attachment A.
 Non-publicly accessible infrastructure equipment must operate without disruption and Grantee shall report any downtime to the Air District within 15 days of equipment malfunction outlining specified actions to return Project Equipment to service.  Fueling and charging infrastructure equipment must include an operational fuel/energy meter throughout the Project Term. If this meter fails for any reason, the fuel/energy meter must be repaired or replaced as soon as possible.
 The Air District will review all invoiced costs submitted by Grantee upon Project completion to identify actual eligible and ineligible costs.
o Eligible fueling and charging infrastructure costs include: Design and engineering, equipment (e.g., charging/fueling units, materials), installation directly related to the construction of the infrastructure, meter/data loggers.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 Port Comsultant 7/22/2022
Alan Wolken
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16 o Ineligible fueling and charging infrastructure costs include: Existing station/infrastructure upgrades, fuel and energy costs, non-essential equipment or hardware, operation cost (e.g., operational fees, maintenance, repairs, improvements, spare parts), insurance, data collection and reporting, Grantee administrative costs, travel/lodging, employee training and salaries, legal fees, real estate property purchases/leases, performance bond costs, construction management, storm water plan costs, security costs, testing and soil sampling, hazardous materials, including permitting, handling and disposal.

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16 ATTACHMENT B - INSURANCE REQUIREMENTS

Grantee to initial next to each checked box indicating they have read their project insurance requirements.

Verification of Coverage:

Grantee shall provide the Air District certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require Grantee to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive 30 days advanced notice of cancellation from the insurers.

Minimum Scope of Insurance
Throughout the Project Term as defined in Section III of the Agreement of which this Attachment is a part, Grantee shall obtain and maintain in full force and effect the insurance as set forth below:
 1. Liability Insurance:

Initial
Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines or equipment operated by the Grantee.

Single Equipment Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines or equipment operated by the Grantee.

At the time the Grantee submits invoices for payment to the Air District, the Grantee must demonstrate that each piece of Project Equipment purchased under this Agreement, of which this is an Attachment, is covered under the following property insurance, if Grantee has not already demonstrated possession of this insurance to the Air District.

The property insurance for each piece of Project Equipment must remain effective from the date of the invoice to the Air District to the end of the Project Equipment Operational Period as defined in Section III of the Agreement.  2. Property Insurance:

Initial
in an amount of not less than the insurable value of Grantee’s vehicles, vessels, engines or equipment funded under the Agreement of which this Attachment is a part, and initial covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

 3. Workers Compensation Insurance

Initial
as required by California law and employers’ liability insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 304
Certificate Of Completion
Envelope Id: 3E85B1CC5E844907A4893353CD1BFFD3
Status: Completed
Subject: Please DocuSign: VWFM-21-0319 Port of Richmond Draft Contract.docx Document Type: Contract with Grantee
Program:

VW
Primary Funding Source: VW
Secondary Funding Source:

Source Envelope:

Document Pages: 16
Signatures: 4
Envelope Originator:

Certificate Pages: 6
Initials: 3
John Del Arroz
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 192.137.109.2
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Alan Wolken
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Port Comsultant
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John Del Arroz
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Staff Specialist
Bay Area Air Quality Management District
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Chad White
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Chengfeng Wang
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Air Quality Program Manager
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Karen Schkolnick
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Bay Area Air Quality Management District - Grants
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Alexander Crockett
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Interim Executive Officer/APCO
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Bay Area Air Quality Management District - Grants Department (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/16/2020 1:09:34 PM Parties agreed to: Alan Wolken, Alexander Crockett, Marina Smotkin, Jeffrey McKay 308
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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Bay Area Air Quality Management District - Grants Department as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Bay Area Air Quality Management District - Grants Department during the course of your relationship with Bay Area Air Quality Management District - Grants Department. 310

Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

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

CALIFORNIA, ACCEPTING AND APPROPRIATING ADDITIONAL FUNDING

FROM THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND THE

CALIFORNIA AIR RESOURCES BOARD UNDER THE VOLKSWAGEN

MITIGATION TRUST FUND ZERO-EMISSION FREIGHT AND MARINE

PROGRAM, AND AUTHORIZING THE PORT DIRECTOR OR THEIR

DESIGNEE TO EXECUTE ALL REQUIRED DOCUMENTS

WHEREAS, the City of Richmond’s Port Division was awarded in 2022 $1,003,250 grant from the Bay Area Air Quality Management District (“BAAQMD”) under the Volkswagen Mitigation Trust Fund Zero -Emission Freight and Marine Program for the installation of shore power infrastructure at Berths 7 and 8 at the Point Potrero Marine Terminal (“PPMT”); and

WHEREAS, the program provides the Port of Richmond to develop a project for grid- based electrical power to vessels docking at these berths, allowing them to shut down auxiliary diesel engines while at berth, thereby reducing emissions of oxides of nitrogen (NOx), reactive organic gases (ROG), particulate matter (PM), diesel particulate matter (DPM), and greenhouse gases (GHG); and

WHEREAS, BAAQMD ha s approved an increase of $1,599,500.00 in grant funding, bringing the total grant amount to $2,602,750.00 to further su pport the implementation of the project. The California Air Resources Board (“CARB”) is the designated Lead Agency acting on the State’s behalf as beneficiary to implement California’s share of Trust funds totaling approximately $423 million.; and

WHEREAS, compliance with shore power requirements aligns with California Air Resources Board regulations, which mandate that roll -on/roll-off vessels reduce emissions while docked by January 1, 2025; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby accepts and appropriates the additional grant funding from the Bay Area Air Quality Management District in the amount of $1,599,500 .00, increasing the total grant amount to $2,602,750.00; and

BE IT FURTHER RESOLVED that the City Council authorizes the Port Director or their designee to execute, in the name of the City of Richmond and the Port of Richmond, the First Amendment to the Grant Agreement between the Volkswagen Mitigation Trust Fund Zero - Emission Freight and Marine Program, BAAQMD, and Port of Richmond any subsequent amendments, as well as all other documents required to implement the project, and to accept and appropriate the grant funds.

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

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

311

Reso. No. _____

Page 2 of 2 ends

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
312
VWFM-21-0319 Page 1 of 9

AMENDMENT NO. 1 TO VWFM-21-0319

BAY AREA AIR QUALITY MANAGEMENT DISTRICT

VOLKSWAGEN MITIGATION TRUST FUND

ZERO EMISSION FREIGHT AND MARINE PROGRAM GRANT AGREEMENT

GRANT AGREEMENT NO. VWFM-21-0319

This grant agreement amendment (“Amendment”) consists of nine (9) pages.

RECITALS:

1. On July 26, 2022, the Bay Area Air Quality Management District (“Air District”) and Port of Richmond, (“Grantee”) (hereinafter referred to together as the “Parties”) entered into Agreement No. VWFM-21-0319(“Agreement”), pursuant to which the Air District awarded a Volkswagen Mitigation Trust Fund Zero Emission Freight and Marine Program Grant of $1,003,250.00 for a project to reduce emissions by installing grid-based shore side power at Berths 7/8 at the Point Potrero Marine Terminal in the Port of Richmond (“Project”).

2. The Parties seek to update Recital 5 to reflect the latest version of the Program Guidance.

3. The Parties seek to clarify that the Agreement requires Grantee to submit Project records requested by the Air District or California Air Resources Board (“CARB”) within thirty business days of such request.

4. The Air District seeks to add a new clause at Section I, Paragraph 11 outlining Grantee’s obligations before and after the sale of any Project Equipment, and Grantee agrees to such obligations.

5. The Air District seeks to update Section I, Paragraph 14 regarding Nondiscrimination to make a correction.

6. The Air District seeks to add a new clause at Section I, Paragraph 17 stating that this Agreement is binding on and will inure to the benefit of Grantee’s heirs, executors, administrators and successors in interest.

7. The Air District seeks to update Section III, Paragraph 1 regarding Agreement Term, Project Equipment Operational Period, and Project Term.

8. The Air District seeks to update Section III, Paragraph 18 regarding Governing Law.

9. The Air District seeks to update Section III, Paragraph 25 regarding Public Documents.

10. The Air District seeks to add a new clause at Section III, Paragraph 28 regarding Authority to Sign.
313
VWFM-21-0319 Page 2 of 9

11. The Parties seek to update Paragraph 4 of Attachment A to modify the funding awarded for one piece of equipment.

12. The Parties seek to modify Paragraph 5 of Attachment A to modify the funding awarded for one piece of equipment.

13. The Air District seeks to modify the Minimum Total Usage listed to reflect updates in the estimated usage of the Equipment and add the definition of Unregulated Vessel, and the modification is necessary to ensure the terms of the Agreement comply with the Zero Emission Freight and Marine Program.

14. Grantee agrees to meet the modified Minimum Total Usage requirements for the equipment.

15. The Parties seek to update Paragraph 6 of Attachment A to clarify the description of the Project.

16. The Grantee seeks to modify Paragraph 9 of Attachment A to reflect changes in the Project Schedule.

17. The Air District seeks to modify Paragraph 14 of Attachment A regarding Annual Monitoring Reports.

18. The Air District seeks to add definitions of disadvantaged and low-income communities to align these definitions with the State of California’s definitions by modifying Paragraph 16, Part A of Attachment A.

19. The Air District seeks to add a new attachment, Attachment C, to the Agreement to include CARB’s most current California Climate Investments Priority Populations map.

20. The Air District has confirmed that all of these changes are in compliance with the applicable guidelines and do not change Grantee's ranking or eligibility for funding.

21. Thus, in accordance with Paragraph 9 of Section III of the Agreement, the Parties desire and agree to amend the above-entitled Agreement as follows:

TERMS AND CONDITIONS OF AMENDMENT:

1. This Amendment amends Recital 5, by deleting this paragraph in its entirety and replacing it with the following language:

The Zero-Emission Freight and Marine Program (“Program”) provides funding for the replacement of airport ground support equipment (“GSE”), forklifts, port cargo handling equipment (“CHE”), the repower of marine engines to zero-emissions, and installation of shore power at berths in Regulated California Waters. On May 12, 2021, following CARB’s approval, the Air District released the Program Guidance for Zero-Emission Freight and Marine Program (“Program Guidance”) to describe requirements, applicant and project eligibility, application process, evaluation criteria, reporting, inspection, implementation and operation, and other 314 VWFM-21-0319 Page 3 of 9

requirements, and last updated the Program Guidance on the program website at https://www.californiavwtrust.org/zero-freight-marine/ on October 19, 2023. The Grantee has affirmed it is an “eligible applicant” under the Program and has affirmed that it shall comply with all Program requirements set forth in the Program Guidance, which are incorporated herein and made a part hereof by this reference as if fully set forth herein.

2. This Amendment amends paragraph 4 of Section I, by deleting this paragraph in its entirety and replacing it with the following language:

4) To allow the staff and third-party partners of the Air District to inspect the Project Equipment and to conduct financial and performance audits of the Project. Grantee agrees that the Air District, CARB, or their respective designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Project.

Grantee further agrees to cooperate fully with such inspections and audits, including providing copies of any Project records related to performance of this Agreement requested by the Air District, CARB, or their designee within thirty business days of such request.

3. This Amendment adds a new provision at Paragraph 11 of Section I, by deleting the term “Reserved” and replacing it with the following language:

11) To give advance notice to the Air District in writing of its intent to sell the Project Equipment along with reasons why, mailing address, phone number and e-mail of the purchaser, prior to Project Equipment resale. Grantee must receive Air District and CARB written approval prior to any sale. For Project Equipment sold within three years of the original Project Equipment purchase date (and after the Air District and CARB provides written approval), Grantee must inform the new purchaser in writing about the project requirements by sharing a copy of this Agreement. The new Equipment purchaser must agree in writing to meet all applicable requirements of this Agreement, and if applicable, to provide the Air District with a copy of the new title documenting the sale within thirty business days after the effective date of the successor grant agreement. Grantee is responsible for meeting all obligations of this Agreement until a novation agreement is fully executed by the Air District, Grantee, and the new Equipment purchaser. Within thirty business days after any Project Equipment is sold, Grantee must notify the Air District that the Project Equipment has been sold and the Project Equipment sale price.

4. This Amendment amends Paragraph 14 of Section I, by deleting this paragraph in its entirety and replacing it with the following language:
14) Nondiscrimination: During the performance of this Grant Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 (a-f) et seq.) and 315
VWFM-21-0319 Page 4 of 9

the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. This Amendment adds a new provision at Paragraph 17 of Section I with the following language:
17) That this Agreement is binding on and will inure to the benefit of Grantee’s heirs, executors, administrators and successors in interest.

6. This Amendment amends paragraph 1 of Section III, by deleting this paragraph in its entirety and replacing it with the following language:
1) Agreement Term, Project Equipment Operational Period, and Project Term: The term of this Agreement (“Agreement Term”) begins on the Effective Date and shall remain in effect until the conclusion of all Project Equipment Operational Periods and submission of all required reports, as set forth in Attachment A unless this Agreement is terminated earlier. A Project Equipment Operational Period begins when the piece of Project Equipment has been successfully inspected by the Air District and concludes upon the satisfaction of the usage requirement and project life requirement for that piece of Project Equipment. The Project Term begins at the start of the earliest Project Equipment Operational Period and ends at the conclusion of all Project Equipment Operational Periods. The Project Equipment Operational Period for each piece of Project Equipment is set forth in Table 1 of Attachment A. In no event shall Grantee own and operate a piece of Project Equipment for less than three years from the date the new unit is put into service, or the minimum project term specified in the Program Guidance, whichever is longer.

7. This Amendment amends paragraph 18 of Section III, by deleting this paragraph in its entirety and replacing it with the following language:
18) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement shall be San Francisco, California. Any rights or remedies of the Air District provided for in this Agreement are in addition to any other rights and remedies provided by law.

8. This Amendment amends paragraph 25 of Section III, by deleting this paragraph in its entirety and replacing it with the following language:
25) Public Documents: To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (Government Code section 7920 et seq.), the Grantee will place in the public domain any software, written document or other product developed with Program funds as part of the Project. 316
VWFM-21-0319 Page 5 of 9

9. This Amendment adds a new provision at Paragraph 28 of Section III with the following language:
28) Authority to Sign: The persons executing this Agreement certify that they have the legal authority to bind their respective entities to all terms and conditions set forth herein.

10. This Amendment amends Paragraphs 4 of Attachment A, by deleting this paragraph in their entirety and replacing it with the following language:

4. Total Grant Funds Awarded (Sections I.3, II.1, and III.15): $2,602,750 The Air District will pay the awarded Eligible Costs of the Project Equipment, less any amount from an Air District approved co-funding source as adjusted and set forth in Table 1 below. Payment shall not exceed the permitted Funds Awarded for the individual Project Equipment as specified in Table 1 below. In no event shall the Total Grant Funds Awarded for all Project Equipment exceed $2,602,750. Funds Awarded may only be used to cover Eligible Costs as described in this Agreement.

11. This Amendment amends paragraph 5 of Attachment A, by deleting this paragraph in its entirety and replacing it with the following language:

Berth
Number &
Project
Location
New
Equipment or
Eligible Cost
Item
Description*
Eligible
Costs
Maximum %
of Funding of
Eligible Costs
Minimum
Total Usage
&
Equipment
Operational
Period
% Operation
in CA

(% in
disadvantaged
or low-income
community **)
Funds
Awarded
Berths 7/8

the Point
Potrero
Marine
Terminal
Shore power
station with
one shore
power outlet
1800kW+
$3,297,500 100%
459 MWh
electricity
delivered to
unregulated
vessels,***
and
3 years
100%

(100%)
$2,602,750
Total award: $2,602,750

* As an alternative to Project Equipment, Grantee may propose installation of equipment that will result in the same or better emissions reductions and meet or exceed the operational parameters as Project Equipment and specified in Attachment A of this Agreement (“Equivalent Equipment”). Installation of Equivalent Equipment in lieu of Project Equipment requires advanced written approval from the Air District.
** Percentage of usage occurring in impacted communities during the Project Equipment Operational Period. *** “Unregulated vessels” are those not required to connect to shore power under CARB rules and regulations adopted before May 2018 (e.g., the At-Berth Regulation adopted in 2007).

317
VWFM-21-0319 Page 6 of 9

12. This Amendment amends paragraph 6 of Attachment A, by deleting this paragraph in its entirety and replacing it with the following language:

6. Project Description:

Table 1 provides the details of the grid-based shore side power installation at the Project Location. Awarded projects will consist of the purchase, installation, and operation of the major infrastructure listed in Table l, as well as all associated, related and ancillary infrastructure.

For shore power installation projects, the electricity delivered must be to vessels that are not regulated by the 2007 CARB At-Berth Regulation. Emissions reductions achieved by the Project must be surplus to CARB rules and regulations adopted prior to May 2018 (e.g. the At-Berth Regulation adopted in 2007). If the Project does not deliver the amount of electricity provided in Table 1 to unregulated vessels, surplus NOx emission reductions will not be achieved and the Funds Awarded may be reduced or withdrawn by the Air District.

13. This Amendment amends paragraph 9 of Attachment A, by deleting this paragraph in its entirety and replacing it with the following language:

9. Project Schedule: By no later than October 8, 2026, the Grantee must put the Project Equipment into service and have the equipment inspected by the Air District. Inspections may occur at any time prior to Grant Agreement execution and throughout the contract term. If applicable, Grantee must scrap the Baseline Equipment within 60 days of when the Project Equipment becomes operational. Copies of purchase order must be submitted within 3 months of a Notice to Proceed.

14. This Amendment amends paragraph 14 of Attachment A, by deleting this paragraph in its entirety and replacing it with the following language:

14. Annual Monitoring Reports: The annual reporting cycle is a calendar year January 1 through December 31. Grantee shall submit an annual monitoring report each calendar year for the Project Term in a format approved and provided by the Air District. The monitoring report shall include, but is not limited to, the following information:
• Port, terminal, and berth name(s)/identifier(s) for the shore power system (System). • Date and location of the System installation (operation) • Total number of ship visits to each berth
• Total power (Megawatt-hours) dispensed to vessels that are not required to use shore power by CARB’s At-Berth regulation using the System
• Each use of the System, inclusive of the following information:
o Vessel type, name, and Lloyd’s numbers
o Date and times that System initially plugged into vessel and subsequently unplugged from vessel
o Total hours the System was connected to the vessel
o Power (kilowatt-hour) supplied to the vessel to displace use of auxiliary engine(s) • Date, time, and description of any equipment failure of the System that affected the ability of a vessel to control auxiliary engine emissions
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VWFM-21-0319 Page 7 of 9

• Summary of System maintenance, source testing, and inspections conducted • Signed certification statement that all Project Equipment was operated in accordance with this Agreement and that all information submitted is true and accurate • A copy of any new or updated Terminal Plans submitted to CARB for reporting purposes under applicable shore power regulation(s)
• Proof of insurance
• Other information as requested by the Air District.

The first annual report shall be submitted by February 1 of the year following execution of the Grant Agreement to cover the period from the Effective Date of this Agreement through December 31 of the prior year. The first annual report shall include a report on the Grantee’s progress in meeting milestones listed in the Project Schedule as set forth in Paragraph 9 of this Attachment. Subsequent annual reports shall be submitted by February 1st of each succeeding year with the final annual monitoring report due by February 1 following the last year of the Project Term. If Grantee fails to submit annual monitoring reports in a timely fashion, the Air District shall perform a project performance audit. Failure to submit monitoring reports could be considered a breach of this Agreement and may jeopardize Grantee’s eligibility to participate in future incentive and grant programs.

15. This Amendment amends Paragraph 16, Part A of Attachment A, by deleting this paragraph in its entirety and replacing it with the following language:

A. The Grantee shall operate the Project Equipment funded within disadvantaged or low-income communities throughout the Project Equipment Operational Period for a minimum of the percent usage specified in Table 1 of Attachment A to ensure that the Project directly reduces emissions in disadvantaged or low-income communities and helps to reduce public health risks associated with such air contaminants in the disadvantaged or low-income communities. The disadvantaged or low-income community parameter is based on the application materials submitted by the Grantee and is the basis for the calculation of emissions reductions achieved through the Project.

Disadvantaged communities are defined by the California Environmental Protection Agency as the top 25% most impacted census tracts in CalEnviroScreen. Low-income communities are defined as the census tracts that are either at or below 80 percent of the statewide median income, or at or below the threshold designated as low-income by the California Department of Housing and Community Development (HCD). Disadvantaged communities and low-income communities are depicted on the map in Attachment C of this Agreement.

319
VWFM-21-0319 Page 8 of 9

16. This Amendment adds Attachment C to the Agreement:

ATTACHMENT C – DISADVANTAGED OR LOW-INCOME COMMUNITIES
DESIGNATION*

*Map created on October 25, 2024, using CARB’s map at
https://webmaps.arb.ca.gov/PriorityPopulations/.

17. All other terms and conditions of the Agreement shall remain in effect.

18. The Effective Date of this Amendment is the date that the Air District’s Executive Officer/Air Pollution Control Officer or designee has executed it.

320
VWFM-21-0319 Page 9 of 9

IN WITNESS WHEREOF, the PARTIES have caused this Amendment to be duly executed on their behalf by their authorized representatives.

BAY AREA AIR QUALITY GRANTEE

MANAGEMENT DISTRICT

By: __________________________________ By: _______________________________ Philip M. Fine Charles Gerard
Executive Officer/ Port of Richmond
Air Pollution Control Officer Port Director

Date: ________________________________ Date: _______________________________

Approved as to form:

By: __________________________________
Alexander Crockett
General Counsel

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Page 1 of 3 ends

April 15, 2025
DocID #40179v1

Economic Development
Port Division

DATE: April 15, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director
Nannette Beacham, Economic Development Director
Lizeht Zepeda, Senior Business Assistance Officer
Subject:

Contract with Krueger International, Inc.

FINANCIAL IMPACT: The proposed expenditure of $70,000 is included within the approved Fiscal Year (FY) 2024-2025 Port budget
(Account String: 40163080-400642-3600.

PREVIOUS COUNCIL
ACTION:

March 5, 2013

STATEMENT OF THE
ISSUE:

Recently, the Economic Development Department has
expanded, increasing the need for additional
workstations at the Port Administration offices. The Port Administration Offices currently house three of the six divisions withing Economic Development Department
(i.e., Port, Business Development, and Arts & Culture)
With the recent addition of staff, there is a need to install new cubicles and modify existing partition walls to
optimize the workspace.

RECOMMENDED ACTION:

APPROVE a sole-source contract with Krueger
International, Inc. in the amount of $70,000 for installation and purchase of office cubicles, furniture, and partition solutions compatible with existing office systems at 1322 Canal Boulevard, with a term ending December 31, 2025
– Economic Development Department (Nannette
Beacham 510-621-1306/Charles Gerard 510-620-
6792/Lizeht Zepeda 510-620-6653).

AGENDA
REPORT
322

Page 2 of 3 ends

April 15, 2025
DocID #40179v1
DISCUSSION:

Background

In 2014, the Port completed renovations to the building at 1322 Canal Boulevard, home to the City of Richmond’s Port Administration offices within the Point Potrero Marine Terminal (PPMT). Originally built during World War II as part of Shipyard Number 3, the facility played a vital role in supporting the construction of Liberty and Victory ships.

As part of this renovation, Alten Construction (Alten) served as the general contractor for the entire renovation project, and selected Krueger International, Inc. (KI) under their contract scope to provide interior design, office furniture, and partition solutions tailored to the space. The office cubicles, partitions, and furniture installed at that time were custom fitted to the office layout, ensuring compatibility with the building’s infrastructure and maximizing workspace efficiency.

At the time of the building renovation, the project utilized State of California Emergency Management Agency (CALEMA) grants and was on a restrictive budget that included renovating the exterior, plumbing, and utilities to be functional as an office, leaving a modest budget for interior buildout and office solutions.

Current Need for Office Solutions

Recently, the Economic Development Department has expanded, increasing the need for additional workstations at the Port Administration offices. The department currently houses six divisions, three of which—the Port, Business, and Arts & Culture divisions— are based at this location. With the recent addition of staff, there is a need to install new cubicles and modify existing partition walls to optimize the workspace.

Sole Source Contract

In 2024, staff began researching office solutions that would integrate seamlessly with the existing office setup. Given the proprietary nature of the original office system installed by KI, staff contacted a KI representative to determine whether compatible components were still available. KI confirmed that they maintain an inventory of matching parts, including color panel fabric, cubicle system components, and assembly parts, which are necessary to ensure seamless integration with the current configuration.

Due to the custom nature of the existing KI office system, using a different vendor would require a full replacement of the current partition and cubicle system, leading to significantly higher costs and extended installation time (Attachment 1). By contracting directly with KI, the City will:

 Ensure compatibility with the existing system, eliminating the need for costly replacements.
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Page 3 of 3 ends

April 15, 2025
DocID #40179v1
 Reduce procurement and installation time, as KI already has the necessary parts and expertise.
 Maintain design consistency and workspace efficiency, preventing mismatched furniture or cubicle systems.

In addition, these improvements will include the designation of a privacy room to meet confidentiality for security and business operations, as well as compliance with California Labor Code, such as Sections 1030-1034, which mandate lactation accommodations in the workplace. This space will be incorporated into the KI office reconfiguration to ensure it meets the necessary standards for functionality and accessibility.

Ultimately, City Staff is seeking City Council to approve a sole-source contract with Krueger International, Inc. in the amount of $70,000 for installation and purchase of office cubicles, furniture, and partition solutions compatible with existing office systems at 1322 Canal Boulevard, with a term ending December 31, 2025 (Attachment 2)

SYNERGISTIC POLICIES:

Strategic Goal Areas Two and Five. This contract supports the City’s goals of maintaining efficient operations at the Port Administration offices and ensuring that public resources are used effectively to support infrastructure improvements.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source
Attachment 2 – Proposed Contract

324
Bichmiond
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: Krueger International, Inc.

Address: 1330 Bellevue Street
City: Green Bay Zip Code: 54302
Contact Name: Lizeht Zepeda
State: WA
E-Mail [email protected]
Duration of Contract: June 30, 2025
Estimated Cost: $ 70,000 Funding Source (Account String) 40161080-400201 Phone Number (920) 468-2719
Is the product/service IT related? Yes No ✗ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes ✗ For Product: Does the manufacturer sell the item(s) through distributors? Yes _ Description of Product or Service:

No
No X
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) The scope of work is for new offices, furniture, and assembly at 1322 Canal Blvd the furniture has to be compatible and able to connect existing and new wall and cubicle material with current office solutions. The scope includes purchasing and assembling cubicle material, desks, chairs, storage, and partition wall to create needed office space for staff.

As background: the building renovation completed in 2014, the project utilized State of California Emergency Management Agency (CALEMA) grants for a Operations and Security Center and at the time was on a restrictive budget that included building out minimal offices for staff. Currently Port Administration offices are occupied by Economic Development Department, which has six divisions. In 2013 Krueger International, Inc.(KI) was the vendor that provided office solutions to the space interior, the office solutions propose will connect appropriately to the existing system.

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

The building renovation at 1322 Canal Blvd was completed in 2014, the general contractor for the renovation project was Alten Construction and was responsible (not the City) for selecting Krueger International, Inc.(KI) as the vendor to design the Internal offices. KI is the recommended and only company that can meet the requirements, KI with the scope of work will match existing and compatible framing material for walls and partitions that can be attached to the existing office wall system at the Port offices. Kl has inventory of matching parts, color panel fabric, cubical system to attach to existing wall system, assembly parts knowledge, and office furniture that will fit within cubicles and measurements needed. Using another company will be costly and will not be compatible with the existing KI office solution system. The competitive advantage using Kl is that the City will save money, time, and material by utilizing the existing office system with the need to expand working office stations.

Page | 1
(if additional space is needed, include them in a separate page) Sole Source Form - Rev. May 12, 2016
325
Complete the following checklist
A specific contractor is the only source ofthe required item because (check all that apply):
☐ The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor). ☐ The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware ☐As spare or replacement hardware ☐ For the repair or modification of existing hardware ☐ Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
X
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

There is substantial risk in contracting with another vendor as KI in 2013 worked and drew plans to specifications of the Port Administration interior. KI was able to find and reuse these plans and advance the new office design, saving the city money. KI staff has the historical knowledge of the interior and capacity to order parts, find matching product and assembling the office solutions. Contracting with another vendor would not allow the City access to the existing plans, same matching material for a seamless office interior flow, and price.

Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

There is significant need for additional items to build out the Port Administration interior space, these items were known at the time but there was limited funds at the original order. The building renovation at 1322 Canal Blvd was completed in 2014, the project utilized State of California Emergency Management Agency (CALEMA) grants for a Operations and Security Center (Port Administration Offices). The majority of the grant went to renovating the exterior of the building thus limiting the funds to build out the interior which included building out offices for staff. Currently Port Administration offices are occupied by Economic Development Department, which has six divisions. In 2013 Krueger International, Inc.(KI) was the vendor that provided office solutions to the space interior, the office solutions propose will connect appropriately to the existing system. (if additional space is needed, include them in a separate page) 2 Page
326
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: Port
Requester Name and Title: Lizeht Zepeda, Senior Business Assistance Officer Note: Requester must be able to defend this justification.

Date: 01/24/2023 Phone: 510-620-6787
Department Director (Print) Nannette Beacham Date: 2024 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

APPROVHT h
NOT APPROVED:

DATE3 1712005
COMMENTS:

City Manager
(Under $10,000.00)
City Clerk Attesting to Council Approval
(Over $10,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification, They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements. 3|Page
327

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

Economic Development/Port
Charles Gerard
[email protected]
(510) 620-6792
5176
Port of Richmond - Installation and Purchase of New Offices, Furniture, and Walls

KRUEGER INTERNATIONAL/KI
1330 Bellevue St
GREEN BAY, WI, 54302

JESSICA GELIN
(877) 787-9675
[email protected]
April 1, 2025
December 31, 2025
70,000.00
328

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G

KRUEGER INTERNATIONAL/KI
329
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:

KRUEGER INTERNATIONAL/KI
Please find scope and budget attached. Kreuger International (KI) will be providing the City of Richmond the product, delivery, and installation of walls, offices, and furniture. 330
City of Richmond: New Offices & Furniture
Created: 7/2/2024
| Revised: 2/4/2025
| Valid Through: 3/28/2025
QUOTATION:

24CAM-698847
/
C
331

PRODUCT TOTALS
$37,860.72
See Quote Detail Summary
$3,691.42

GRAND TOTAL
$41,552.14
Contract Information:

OT0007792D FCCC - Delivered & Installed - $25001-$300000 Requested Delivery Date:

To be Determined
KI is
pleased to present the enclosed
quotation. The following items are
included:
•
Quote
•
Summary
•
Itemized Quote
•
Detailed PO requirements
•
Product Options
Sales Team:

Jessica Gelin
Sales Rep
[email protected]
(510) 593-3597
Carrie Manos
Inside Sales Specialist
[email protected]
855-853-8646
City of Richmond: New Offices & Furniture
Quote Number:
24CAM-698847
/
C
CREATED 7/2/2024 | REVISED 2/4/2025
| Valid Through 3/28/2025
Ship To
OTM Furniture Installations
31101-1 A Wiegman Road
Hayward, CA 94544
Installation
OTM Furniture Installations
Attn: Lou Reguero
31101-1 A Wiegman Road
Hayward, CA 94544
P. 510-673-8236
Sold To
To be Determined
End User
City of Richmond
–
Port Administration Offices
1322 Canal Blvd
Richmond, CA 94804
P. (510) 620-6792 F. (510) 233-3105
Client Notes:

Changes in fabrics, finishes and quantities may affect pricing.

Pricing is based on the FCCC Delivered & Installed Contract Please send PO direct to [email protected] to process Page: 1 of 7
332

CREATED
7/2/2024

VALID THROUGH
3/28/2025
Prepared By
Carrie Manos
Quote Filename
City of Richmond: New Offices & Furniture - 24CAM-698847/C Line
Model
Qty.

Sell Price
Extended Total
TBD
Options

1.1 AKDSRA3048
Orenda Desk Shell Rectangle 30x48, 29"H Flush Back Panel, 2 Full End Panels, Full Modesty Panel, 1" TFL Smooth Edge 2 $504.82
$1,009.64
Top Laminate
Kensington Maple
/LKM
Base Laminate
Kensington Maple
/LBKM
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from SAINT PIE, QC
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.2 AKPKYS1
Orenda Key Alike Lock Set 1 Lock
2 $7.49
$14.98
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from SAINT PIE, QC
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.3 AKPTKE54
Orenda Tackboard 19"H x 52"W
2 $195.31
$390.62
Tackboard Fabric
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

GRIDLOCK
STEEL
/28.085.082.P
Price Description: Delivered/Open Market
Lead Time: 0 - 2 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.4 AKRPDBU2048
Orenda Return Right Pedestal, Full Back, Rect. 20"x48", 29"H, Full Mod. Panel, 1" TFL Smooth Edge, Box/Box/File Right 1 $886.08
$886.08
Pull Option
Straight pull - Painted Silver
/ZS
Lock Option
Locking-no lock core (ordered separately
with kits) - 1 Lock
/WL
Top Laminate
Kensington Maple
/LKM
Base Laminate
Kensington Maple
/LBKM
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from SAINT PIE, QC
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.5 AKRPDUB2048
Orenda Return Left Pedestal, Full Back, Rect. 20"x48", 29"H, Full Mod. Panel, 1" TFL Smooth Edge, Box/Box/File Left
1 $886.08
$886.08
Pull Option
Straight pull - Painted Silver
/ZS
Lock Option
Locking-no lock core (ordered separately
with kits) - 1 Lock
/WL
Top Laminate
Kensington Maple
/LKM
Base Laminate
Kensington Maple
/LBKM
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from SAINT PIE, QC
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

Page: 2 of 7
333

CREATED
7/2/2024

VALID THROUGH
3/28/2025
Prepared By
Carrie Manos
Quote Filename
City of Richmond: New Offices & Furniture - 24CAM-698847/C Line
Model
Qty.

Sell Price
Extended Total
TBD
Options

1.6 KISN86MC2
Signia Basic Synchrotilt Task Chair, Mesh Back, 4D Arms 6 $674.54
$4,047.24
Back Mesh Color
Black
/SBL
Lumbar option
No lumbar support (lumber option under
development)
/NLS
Base/frame finish
Black plastic base
/P
Backrest Frame/Arm Frame color
Black
/BLBR
Caster option
Multi-surface caster
/MSC
Upholstery Grade/Color
Compliance to TB 117-2013
/NFR
Upholstery Grade/Color
Pallas Fabric Group P0
GRPP0
P0 Fabric

PANACHE

JUNIPER
/27.305.126.P
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from ONTARIO, CA
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.7 TOGL2448FX-74P
Toggle T-Leg Table,Rect,Fixed Base,74P Edge,23-1/2x46-1/2" 4 $429.19
$1,716.76
Modesty Panel
No modesty panel
/NMP
Base Finish
Black
/BL
Edge Color
Kensington Maple edge
/EKM
Surface Finish
KI laminates
Standard
KI laminates
KENSINGTON MAPLE 10776-60
/LKM
Price Description: Delivered/Open Market
Lead Time: 5 - 7 Weeks; Ships from BONDUEL, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.8 TOGLSS244872-74P
Toggle Square Shoe Table,Triple Motor Electric Base,74P Edge,24x48x72x24"
2 $1,706.31
$3,412.62
Modesty Panel
No modesty panel
/NMP
Base Finish
Black
/BL
Edge Color
Kensington Maple edge
/EKM
Surface Finish
KI laminates
Standard
KI laminates
KENSINGTON MAPLE 10776-60
/LKM
Price Description: Delivered/Open Market
Lead Time: 8 - 10 Weeks; Ships from BONDUEL, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.9 TOGLSS247248-74P
Toggle Square Shoe Table,Triple Motor Electric Base,74P Edge,24x72x48x24"
2 $1,706.31
$3,412.62
Modesty Panel
No modesty panel
/NMP
Base Finish
Black
/BL
Edge Color
Kensington Maple edge
/EKM
Surface Finish
KI laminates
Standard
KI laminates
KENSINGTON MAPLE 10776-60
/LKM
Price Description: Delivered/Open Market
Lead Time: 8 - 10 Weeks; Ships from BONDUEL, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.11 U2W9064
Unite 2-Way 90 Deg "L" Corner,64"H
6 $131.40
$788.40
Trim Color
Starlight Silver Metallic
/SX
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.12 U3W9064
Unite 3-Way 90 Deg "T" Corner,64"H
2 $131.40
$262.80
Trim Color
Starlight Silver Metallic
/SX
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

Page: 3 of 7
334

CREATED
7/2/2024

VALID THROUGH
3/28/2025
Prepared By
Carrie Manos
Quote Filename
City of Richmond: New Offices & Furniture - 24CAM-698847/C Line
Model
Qty.

Sell Price
Extended Total
TBD
Options

1.12 UEOR64
Unite End-Of-Run Condition,64" H
6 $56.40
$338.40
Trim Color
Starlight Silver Metallic
/SX
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.13 UMFR4864
Unite Mono Fabric Panel,Standard Base Raceway,48Wx64"H
16 $609.00
$9,744.00
Top Cap
Flat trim (std)
/F
Trim Color
Starlight Silver Metallic
/SX
Panel Fabric Side 1
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

GRIDLOCK
STEEL
/28.085.082.PS1
Panel Fabric Side 2
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

GRIDLOCK
STEEL
/28.085.082.PS2
Electrical Code
Domestic - with cutouts
/DP
Price Description: Delivered/Open Market
Lead Time: 4 - 6 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.14 UMFR6064
Unite Mono Fabric Panel,Standard Base Raceway,60Wx64"H
2 $749.40
$1,498.80
Top Cap
Flat trim (std)
/F
Trim Color
Starlight Silver Metallic
/SX
Panel Fabric Side 1
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

GRIDLOCK
STEEL
/28.085.082.PS1
Panel Fabric Side 2
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

1.15 UWBBFB64L
U-Series Wardrobe/Side Access
Bookcase,64"H,Box/Box/File,Wardrobe Left
2 $1,412.11
$2,824.22
Paint Color
Starlight Silver Metallic
/SX
Lock Option
Key standard
/KS
Lock Color
Black
/BLL
Pull Style
U-Series pull (standard)
/USP
Price Description: Delivered/Open Market
Lead Time: 3 - 5 Weeks; Ships from PEMBROKE, ONT
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.16 UWBBFB64R
U-Series Wardrobe/Side Access
Bookcase,64"H,Box/Box/File,Wardrobe Right
2 $1,412.11
$2,824.22
Paint Color
Starlight Silver Metallic
/SX
Lock Option
Key standard
/KS
Lock Color
Black
/BLL
Pull Style
U-Series pull (standard)
/USP
Price Description: Delivered/Open Market
Lead Time: 3 - 5 Weeks; Ships from PEMBROKE, ONT
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

Page: 4 of 7
335

CREATED
7/2/2024

VALID THROUGH
3/28/2025
Prepared By
Carrie Manos
Quote Filename
City of Richmond: New Offices & Furniture - 24CAM-698847/C Line
Model
Qty.

Sell Price
Extended Total
TBD
Options

1.17 TOGLSS244872-74P
Toggle Square Shoe Table,Triple Motor Electric Base,74P Edge,24x48x72x24"
1 $1,706.31
$1,706.31
Modesty Panel
No modesty panel
/NMP
Base Finish
Black
/BL
Edge Color
Kensington Maple edge
/EKM
Surface Finish
KI laminates
Standard
KI laminates
KENSINGTON MAPLE 10776-60
/LKM
MK: Lizeht
Price Description: Delivered/Open Market
Lead Time: 8 - 10 Weeks; Ships from BONDUEL, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.18 TOGLSS244872-74P
Toggle Square Shoe Table,Triple Motor Electric Base,74P Edge,24x48x72x24"
1 $1,706.31
$1,706.31
Modesty Panel
No modesty panel
/NMP
Base Finish
Black
/BL
Edge Color
Kensington Maple edge
/EKM
Surface Finish
KI laminates
Standard
KI laminates
KENSINGTON MAPLE 10776-60
/LKM
MK: Kyle
Price Description: Delivered/Open Market
Lead Time: 8 - 10 Weeks; Ships from BONDUEL, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

1.19 AKPTKE54
Orenda Tackboard 19"H x 52"W
2 $195.31
$390.62
Tackboard Fabric
Pallas Vertical Fabric Grade PV2
GRPV2
PV2 Fabric

GRIDLOCK

GRIDLOCK
STEEL
/28.085.082.P
MK: Lizeht & Kyle
Price Description: Delivered/Open Market
Lead Time: 0 - 2 Weeks; Ships from MANITOWOC, WI
Please Note: Leadtime calculated on 2/4/2025 and is subject to change.

WorkGroup Product
Subtotal
$37,860.72

Quote Summary
Product SubTotal:
$37,860.72
Estimated Sales Tax 9.7500%:
$3,691.42
Quote Total:
$41,552.14
NOTES:
•
Images shown above are intended for approximate visual reference only and may not represent the exact models, numbers, descriptions or options selected. Refer to the model number/description/options shown for full product specifications. •
Sales Tax (For Shipment within the United States Only): Estimated sales/use tax will be calculated when order is entered. It is the customer's responsibility to pay any applicable sales/use tax due upon invoicing. A customer will not be charged sales tax if (1) a Resale Certificate, (2) an Exempt Organization Certificate, or (3) a Direct Pay permit is on file with KI's Finance Department. If no certificate is on file, the appropriate sales/use tax rate in effect at shipment will be applied and tax will be added to the customer's invoice.

PROJECT LEAD TIME SUMMARY:
•
Manufacturing lead time begins once the order is complete and acknowledged. Delivery dates are determined per order based on the longest lead time per shipping location and are confirmed on the order acknowledgement.

Shipping Location
MFG Lead Time Range

PEMBROKE, ONT
3 - 5 Weeks

MANITOWOC, WI
4 - 6 Weeks
Page: 5 of 7
336

ONTARIO, CA
4 - 6 Weeks

SAINT PIE, QC
4 - 6 Weeks

BONDUEL, WI
8 - 10 Weeks
•
Lead times are subject to change based on quantities, manufacturing capacity and surface material selections. Laminate and/or fabrics outside the standard KI ingrade program may have extended lead time.
•
For more information or questions regarding delivery consolidation, contact KI Customer Service.

Page: 6 of 7
337
Final Considerations:

To ensure your Purchase Order (PO) is processed quickly and efficiently, please adhere to the following requirements:

1. All purchase orders must be issued to KI or KI c/o the dealer with this address:

KI
1330
Bellevue Street
Green Bay, WI
54302

2. The following items must be included on all purchase orders:
◦
Sold To/Bill To Information: complete legal name, address, telephone number and fax number
◦
Ship To Information: complete legal name, address, contact name, contact phone number
◦
Purchase Order Number: a customer-specific identifier, typically a sequential purchase order number or requisition number
◦
Issue Date: date the purchase order was issued
◦
Sales Tax: applicable sales tax will be added upon KI invoicing. If tax exempt, customer must provide or have the tax exempt certificate on file at KI ◦
Purchase Order Total: total of all items and services included on the purchase order ◦
Authorization: signature of authorized purchasing agent or buying entity ◦
Order Details: reference a fully optioned KI quote (ex: 11KGH-85432) or include all the information listed below
▪
Quantity of each item
▪
Complete model number, including all finish and option information (by line item) ▪
Net purchase price (by line item)
▪
Extended net purchase price (all line items)
▪
Any additional applicable charges (ex: installation and/or delivery charges) ▪
Contract name and/or number if pricing is based on a contract reference

3. Signatures on a quote or a worksheet cannot be accepted as a purchase order.

4. In the event that you do not have a formal Purchase Order process, please contact your KI Sales Representative or call 1-800-424-2432, and we will assist you with creating a PO.

We appreciate your cooperation in providing us with all the required information listed above on your Purchase Order. Complete information helps us serve you better. Thank you for your order.

Purchase Orders that do not meet these requirements will be placed on hold until complete information is received by KI. Purchase orders on hold are not released to manufacturing or assigned a delivery date. KI order lead times begin once the order is released to manufacturing.

Customer represents that the product
information contained within this quote is
complete and accurate. Changes to
quantities and/or options/finishes will affect
this quote. If applicable, other charges such
as freight, tax, installation and/or delivery
fees may be added at time of order.

Sales resulting from purchase orders issued
by the customer to KI (Whether related to
this quotation or otherwise) are governed
and controlled by the Terms and Conditions
found at www.KI.com/terms
Prepared by Carrie Manos
Market Code: 9=9=State/Local Gov't
Opportunity #: 698847
Quote Filename: City of Richmond: New Offices &
Furniture - 24CAM-698847
Page: 7 of 7
338
CITY OF RICHMOND: W
ALL AD
D ON
339
Thank y
ou for considering KI W
all'
s solution for y
our pr
ojec
t. KI W
all is a le
ader
in the ar
chitec
tur
al w
all industr
y that mak
e
s complex de
signs seem simple
.

Utilizing expert cr
aftsmanship and cutting-edge technolog
y to cr
e
ate limitle
s
s
personalized solutions that tr
ansform an
y space
.

Our highly skilled te
am w
ork
s with y
ou to bring y
our be
autiful de
signs to life
.

W
e tr
anscend tr
aditional interior ar
chitec
tur
e
, fostering space
s that allo
w
people to pr
osper, disco
v
er, and he
al.

W
e look for
w
ar
d to the opportunity to w
ork with y
ou to bring y
our be
autiful
de
signs to life
.

Be
st Regar
ds,
The KI W
all T
e
am
CITY OF RICHMOND: W
ALL AD
D ON
//
698846S
E_W_04.
cmdr
w
KIW
ALL.COM
2 340

KNOWLEDGEABLE P
AR
TNERS

FULFILLMENT

FREEDOM
W
e challenge ourselv
e
s to constantly impr
o
v
e and r
eimag
ine what
'
s pos
sible
. Eng
ineers at he
art,
w
e find ne
w and me
aningful w
a
y
s to modify our offering and cr
e
ate inspir
ed solutions that k
eep
pace with e
v
olving needs and the chang
ing mark
e
t.

LASTING PERFORMANCE
W
e build collabor
ativ
e r
elationships, going abo
v
e and be
y
ond to partner with our customers to ge
t
the job done
. Our kno
wledge
able experts bring str
ong technical capabilitie
s and dependable
pr
e
sence to e
v
er
y pr
ojec
t.

INSPIRED SOLUTIONS

EMPLOYEE OWNERSHIP
698846S
E_W_04.
cmdr
w
W
e cr
e
ate solutions that ar
e built to last and perform for y
e
ars to come
, r
educing, r
eusing, and
r
econfiguring materials r
e
sour
ce
fully
. Our emplo
y
ee-o
wners tak
e pride in their w
ork with a pas
sion
for cr
aftsmanship
, quality
, and r
eliability
.
//
W
e align with an
y partner, de
aler, or installation entity of y
our choice
. Inste
ad of enfor
cing specific
distribution channels, w
e empo
w
er y
ou to decide the most e
ffec
tiv
e w
a
y to handle or
dering and
fulfillment task
s.

A
t KI W
all, e
v
er
y emplo
y
ee is a stak
eholder as w
e ar
e entir
ely o
wned b
y our emplo
y
ee
s. O
wnership
fosters a unique le
v
el of car
e and r
e
sponsibility thr
ough e
ach step of our pr
oce
s
s.

ELEGANT

FUNCTIONALITY
W
e balance form and func
tion to bring for
w
ar
d ar
chitec
tur
al solutions that mee
t style and
performance needs. W
e simplify the complex to help ar
chitec
ts, de
signers, and gener
al
contr
ac
tors cr
e
ate be
autiful space
s that w
ork the w
a
y the
y should.
3 HOW WE FULFILL

OUR PURPOSE
341
//

PROJECT
FLOW
4 698846S
E_W_04.
cmdr
w
342
#
In
d. T
ag
Quantity
P
ar
t Num
b
er
De
scription
Exis
ting
eU
CON
3 U
CON/108.
000/4
UNIV

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N
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T
OR
1 eSU
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A1
4 CHU
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A1

1.38" U-CH
AN
N
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2 eSP
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2 ZG4
1 12
3 (NON-S
T
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TR
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3 eSP
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1 ZG4484
7 (NON-S
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4 eSP
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3 ZG40884 (NON-S
T
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3.5" X 6.5" X 62" SPECIAL FILLER
5 eSP
A1
7 ZG4
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1 (NON-S
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-63.85"
-1.75"
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6 eSCON
1 49.2070
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D OF RUN
7 eFMC5F1
2 FMC/105.150/5/F1

FURNITURE MODULE CORN
ER POS
T
8 eFMC4A1
1 ZG40378 (FMC/180.
000/4/
A1)

RH FURNITURE MODULE CORN
ER POS
T
9 eFM3FH
A1
2 ZG44846 (FM3/179.650/FH/
A1)
FURNITURE MODULE 3-W
A
Y POS
T
10 eFM35A1
2 ZG40379 (FM3/179.650/5/
A1)
FURNITURE MODULE 3-W
A
Y POS
T
1 1
eFM35A1
1 ZG44846 (FM3/179.650/5/
A1)
FURNITURE MODULE 3-W
A
Y POS
T
12 eFM25F1F1
3 ZG40380 (FM2/179.650/5/F1/F1)
FURNITURE MODULE 2-W
A
Y POS
T
13 eFM25A1A1
3 ZG4038
1 (FM2/179.650/5/
A1/
A1)
FURNITURE MODULE 2-W
A
Y POS
T
14 eBMEFH
A1
2 ZG40383 (BME/179.650/FH/
A1)

BUILDING MODULE EN
D POS
T
15 eBMEFH
A1
1 ZG40383 (BME/179.650/FH/
A1)

BUILDING MODULE EN
D POS
T
16 eBMEFH
A1
4 ZG4
1342 (BME/179.650/FH/
A1)

BUILDING MODULE EN
D POS
T
17 eBMEFH
A1
1 ZG4
1342 (BME/180.
000/FH/
A1)

BUILDING MODULE EN
D POS
T
18 eBMEF1
6 BME/075.850/FH/F1

BUILDING MODULE EN
D POS
T
19 eBMEA1
28 BME/075.850/FH/
A1

BUILDING MODULE EN
D POS
T
20 e72D2L
1 ZG40372.LH (ADSC/103.400/036.960/DL/L
OCK/
G1/
A1)

ALUMINUM D

OOR SLIDING
, CONCEALED
2 1
e72D2L
1 ZG4037

1.LH (YY
SD/072.
000/105.150/
C/5/
CON/
ALUM/L
OCK/
A1)

FULL HEIGHT D

OUBLE SLIDING D
OOR
22 e57T1
2 TF
/105.150/057
.
000/
C/5/
A1/
G1

THINLIN
E GL
A
SS
2 3
e54S4
2 ZG40375.
05400 (Q1
1/105.150/054.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
24 e54S2
3 ZG40373.
05400 (Q1
1/105.150/054.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
25 e54S1
1 Q1
1/105.150/054.
000/
C/5/W
S/F1/F1

SOLID - SOLID P
AN
EL
26 e5

1.56T1
8 TF
/105.150/05

1.560/
C/5/
A1/
G1

THINLIN
E GL
A
SS
27 e48T1
2 TF
/105.150/048.
000/
C/5/
A1/
G1

THINLIN
E GL
A
SS
28 e48S4
2 ZG40375.
04800 (Q1
1/105.150/048.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
29 e48S2
4 ZG40373.
04800 (Q1
1/105.150/048.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
30 e48S1
1 Q1
1/105.150/048.
000/
C/5/W
S/F1/F1

SOLID - SOLID P
AN
EL
3 1
e4
7 .25T1
4 TF
/105.150/04
7 .250/
C/5/
A1/
G1

THINLIN
E GL
A
SS
32 e46S5
1 ZG40376.
04600 (Q1
1/105.150/046.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
33 e46S3
1 ZG40374.
04600 (Q1
1/105.150/046.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
34 e46S1
3 Q1
1/105.150/046.
000/
C/5/W
S/F1/F1

SOLID - SOLID P
AN
EL
35 e43T1
1 TF
/105.150/043.
000/
C/5/
A1/
G1

THINLIN
E GL
A
SS
36 e4

1.75T1
2 TF
/105.150/04

1.750/
C/5/
A1/
G1

THINLIN
E GL
A
SS
37 e4

1.13T1
1 TF
/105.150/04

1.130/
C/5/
A1/
G1

THINLIN
E GL
A
SS
38 e40D1R
3 G
W
DL/D
OOR BH 4 HNG SNG GENIUS
W

OOD SOLID D

OOR, MAPLE - Q
TY (1 - 10)
39 e40D1R
3 Y
BF
/105.150/040.
000/
C/5/DR/
C
YL/
A1

FULL HEIGHT BUTT HINGE D
OOR
40 e40D1L
3 G
W
DL/D
OOR BH 4 HNG SNG GENIUS
W

OOD SOLID D

OOR, MAPLE - Q
TY (1 - 10)
4 1
e40D1L
3 Y
BF
/105.150/040.
000/
C/5/DL/
C
YL/
A1

FULL HEIGHT BUTT HINGE D
OOR
42 e36S1
2 Q1
1/105.150/036.
000/
C/5/W
S/F1/F1

SOLID - SOLID P
AN
EL
43 eW
P4F1F1
2 G
W
P4/105.150/F1/F1/
A1
4 " W

ALL POS
T
44 e28S2
2 ZG40373.
02800 (Q1
1/105.150/028.
000/
C/5/W
S/F1/F1)

SOLID - SOLID P
AN
EL
45 eW
P2A1A1
1 G
W
P2/105.150/
A1/
A1/
A1
2" W

ALL POS
T
46 e18.63S1
2 Q1
1/105.150/0

18.630/
C/5/W
S/F1/F1

SOLID - SOLID P
AN
EL
4 7
10 49.
0497
.P277

CORNICE C
AP 10' LENG
TH
48 25

49. 0587
SCRE
W
S
49 45

49. 0092.A0
5" B
A
SE CO
V

ER, ANODIZED
50 2

49. 0
12 1.A0
CORN
ER CO
V
ER, 5" B
A

SE ANODIZED
5 1
26 ZG4
1 122 (49.
0497
.P277)

EXTRUSION, CORNICE C
AP
, P
AINTED
52 2

49. 0497
.P277

EXTRUSION, CORNICE C
AP
, P
AINTED
53 2

49. 085

1.P277

CORNICE C
AP 90 DEG A
SM
54 10

49.174
7 CORNICE SLIDER REIN
F

ORCEMENT
55 1

49.2040

DRILL GUIDE, CORNICE C
AP EN
D
56 2

49.204
7 A
CON
N
EC
T
OR CH
AN
N
EL EN
D POS
T
57 120

50.1094
G
A
SKET FM 3/16 X 3/4
" X 30' V
F5
1 18
58 4
CORNICECPLK.KIT

CORNICE C
AP L

OCK COMPON
ENT
S
59 3

CORNICESPL
C
.KIT

CORNICE C

AP SPLICE COMPON
ENT
S
60 eW
P4F1F1
3 CORNICE
W
P
.KIT
W

ALL POS

T CORNICE C

AP COMPON
ENT
S
6 1
2 38.

09.3002.G
.X
TRIMPL
A
TE SMI TRIM4 GREY
-WIDE
62 19

38. 09.3004.G
.X
F
A
CEPL
A
TE 6P L
T309 GREY
63 2
3 38.

09.3005.G
.X
F
A
CEPL
A
TE S

TD DUP S
T302 GREY
64 17

38. 09.3006.G
.X
TRIMPL
A
TE SMI TRIM2 GREY
-WIDE
65 6

38.13.4004
SCHL
A
GE SA
TURN AL50PD L
OCK

SET (OBSOLETE)
66 6

38.13.4028.X
S
T
OP FL
OOR D
OME IV
ES FS436 626
67 4

38.13.4034

PULL FRM&SRF
C D
T6
1 1-12-US32D
68 24

38.13.4 13

1.X

HINGE IV
ES 5BB1 4.5X4.5 626
69 176

46.2799.X
SCRE
W #14 X 1/2" SM T
OR
X P
AN HD
70 2

46.39 10
L
OC
TITE 243 - #1330255 - HF2C7
7 1
30 49.
0587
SCRE
W
, #8-18 X1/2 PHILIPS ROUN

D HD TEK
72 8

49.1342

CHEESE BL

OCK INS
T
ALL T
OOL
73 30

49.2 1
15 CHIMN
EY
, CON
DUIT 1/2
74 173

90.3 165
INSUL
A
TION F
OR CO
V
ERS
75 1
GDBLSLIDE.ALUM

DBL SLIDING DR L

OCKING HD

W KIT F

OR ALUMINUM D

OOR LEAF
76 4
ZG4
1 12
3 10

ANGLED BR
A
CKET
77 T
o
tal Exis
ting
In
v
ent
or
y
iFM24A1A1
1 ZG4038
1 (FM2/180.
000/4/
A1/
A1)
FURNITURE MODULE 2-W
A
Y POS
T
82 i43.25T1
2 TF
/105.150/043.250/
C/5/
A1/
G1

THINLIN
E GL
A
SS
83 T
o
tal In
v
ent
or
y
Ne
w
CP35D
A1
1 CP3/180.
000/105.500/S/5/
A1
CORNICE 3-W
A
Y POS

T GENIUS
95 CP25D
A1A1
1 CP2/180.
000/180.
000/S/5/
A1/
A1
CORNICE 2-W
A
Y POS

T GENIUS
96 BMEA1
5 BME/075.850/FH/
A1

BUILDING MODULE EN
D POS
T
97 4
FHR/105.500/R
A
O

FULL LENG

TH RECESSED CON
N
EC
T
OR
98 4
FHR/075.850/R
A
O

FULL LENG

TH RECESSED CON
N
EC
T
OR
99 2 (62)
FHF
/105.500/
A1

FULL LENG

TH FLUSH CON
N
EC
T
OR
100
1 FHF
/104.150/F2

FULL LENG

TH FLUSH CON
N
EC
T
OR
10 1
5 (15)
FHF
/104.150/
A1

FULL LENG

TH FLUSH CON
N
EC
T
OR
102
4 FHF
/100.400/F2

FULL LENG

TH FLUSH CON
N
EC
T
OR
103
1 FHF
/075.850/F2

FULL LENG

TH FLUSH CON
N
EC
T
OR
104
3 FHF
/075.850/
A1

FULL LENG

TH FLUSH CON
N
EC
T
OR
105
54S7
2 Q1
1/105.150/054.
000/
C/5/W
S/F2/F2

SOLID - SOLID P
AN
EL
106

46.5T1
1 TF
/105.150/046.500/
C/5/
A1/
G1

THINLIN
E GL
A
SS
107
40D3R
1 G
W
DL/D
OOR BH 4 HNG SNG GENIUS
W

OOD SOLID D

OOR, MAPLE - Q
TY (1 - 10)
108
40D3R
1 Y
BF
/105.150/040.
000/
C/5/DR/
C
YL/
A1

FULL HEIGHT BUTT HINGE D
OOR
109
W
P4A1A1
1 G
W
P4/105.150/
A1/
A1/
A1
4 " W

ALL POS
T
1 10
2 3.88S7
1 Q1
1/105.150/02

3.880/
C/5/W
S/F2/F2

SOLID - SOLID P
AN
EL
1 1
1 4

49. 0092.A0
5" B
A
SE CO
V

ER, ANODIZED
1 12
1 ZG4
1 122 (49.
0497
.P277)

EXTRUSION, CORNICE C
AP
, P
AINTED
1 13
2 49.
0497
.P277

EXTRUSION, CORNICE C
AP
, P
AINTED
1 14
1 49.2040

DRILL GUIDE, CORNICE C
AP EN
D
1 15
20 50.1094
G
A
SKET FM 3/16 X 3/4
" X 30' V
F5
1 18
1 16
4 CORNICECPLK.KIT

CORNICE C
AP L

OCK COMPON
ENT
S
1 17
3 CORNICESPL
C
.KIT

CORNICE C

AP SPLICE COMPON
ENT
S
1 18
W
P4A1A1
1 CORNICE
W
P
.KIT
W

ALL POS

T CORNICE C

AP COMPON
ENT
S
1 19
1 G
W
.INS
T
ALL

GENIUS INS
T

ALL MANU
ALS/V

ERIFIED FIELD DIMENSIONS
120
1 SPR
A
Y
P
AINT
.P277
T
OU

CHUP SPR
A
Y
P
AINT F
OR PO
W
DER P
AINT
12 1
1 38.13.4028.X
S
T
OP FL
OOR D
OME IV
ES FS436 626
122
4 38.13.4
13 1.X

HINGE IV
ES 5BB1 4.5X4.5 626
12 3
20 46.2799.X
SCRE
W #14 X 1/2" SM T
OR
X P
AN HD
124
2 49.1342

CHEESE BL

OCK INS
T
ALL T
OOL
125
16 90.3
165
INSUL
A
TION F
OR CO
V
ERS
126
1 HW
.SCHL
A
GE~~ALX50P6 X SA
T X 4
7267042 X 4
7267
10 1~~626
SA
TURN ALX50P6 SCHL
A
GE 626
127
2 P
AN
EL
T
OOL.B
P
AN
EL INS
T
ALL
A

TION HOOK PTD
128
T
o
tal Ne
w
B
Y

FIELD VERIFIC
A
TION
336804

THIS PL

AN INCORPOR
A

TES BUILDING INFORMA

TION COMPILED FROM
V

ARIOUS SOURCES A
SSOCIA

TED WITH THIS PROJ

ECT AND D

EEMED A
S
RELIABLE. CONDITIONS DIRECT
L

Y AFFECTING TH

E PRODU

CT OR IT'S
INS
T
ALL
A

TION MUS
T B

E FIELD VERIFIED
.

KKB
T

ABLE OF CONTENTS
CONFID

ENTIALITY
KMZ

RICHMOND
CITY OF RICHMOND: W
ALL AD
D ON
MO

VE DOOR
PRODU

CT NOTES
KMZ
07 /10/2024
4 NO
.
10 09/27
/2024
04/27
/2015

THIS PL

AN IS B
A
S
ED U

PON KI'S INTERPRET
A

TION OF APPLIC
ABLE S

ECTIONS
OF TH
E 2018 INTERNA

TIONAL BUILDING COD

E (IBC) AND INFORMA
TION
PRO
VID
ED B
Y O
WNER
/

ARCHITECT
/
CONTR
A
CT

OR, WHICH INFORMA

TION IS

PRESUMED B
Y KI T
O B
E A
CCUR
A

TE WITHOUT IND
EPEND

ENT INVES
TIG
A
TION.

NOTWITHS
T

ANDING ANYTHING T
O TH

E CONTR
AR
Y NO
W OR H
ERE
AFTER
S
T
A

TED IN ANY CONTR
A
CT T

O WHICH KI IS A P
ARTY
, KI DISCL

AIMS ANY
RES

PONSIBILITY OR LIABILITY T

O INSURE THA

T THIS PL

AN COMPLIES WITH

ANY OTH
ER FED
ER
AL
, S
T
A

TE OR L
OC
AL S
T
A
TU

E, REGUL
A

TION OR COD
E
S

ECTION APPLIC
ABLE T
O TH
E PROJ
ECT
, PROJ

ECT SITE, OR KI'S W
ORK
,
REG

ARDLESS OF WH
ETH

ER KI MA
Y B
E AD
VIS

ED OF TH
E SAME. APPRO
V
AL OF

THIS PL

AN SHALL INCLU
D
E A

GREEMENT T
O TH

E FOREGOING
. KI

RECOMMENDS THA
T TH
ES
E PL

ANS AND TH

E RESUL
TING L
A
Y
OUTS B
E

REVIEWED WITH A L
OC

AL FIRE INS
PECT
OR T

O VERIFY COMPLIANCE WITH ALL
L
OC

AL BUILDING COD
ES
. KI DISCL

AIMS RESONSIBILITY FOR ANY SU
CH

REVIEW AND ANY CL

AIM OR LIABILITY THA
T MA

Y RESUL
T FROM

NON-COMPLIANCE WITH L
OC

AL BUILDING COD
ES
.

C
A
698846S
E_W_04.
cmdr
w
6 8:40:49 AM
NDM
V
SG
CITY OF RICHMOND: W
ALL AD
D ON
03/25/2014
1 2/1
1/2024
S
TRU
CTUR

AL ANCHOR
A

GE NOTES
PURCHA
S

ER DOES NOT INTEND T

O MAKE THIS ANNEX
A

TION A PERMANENT
A

CCESSION T
O RE

AL PROPERTY
.

KMZ

RICHMOND

KI OPPORTU
NITY #
U
PD
A

TE CORNICE C
AP
INS
T
ALL
06/18/2024
94804
D

ESCRIPTION

NOT FOR CONS
TRU
CTION
AD
D S
FDC# 698846
KMZ

1. ENGINEER OF RECORD (EOR) COULD B
E TH

E ARCHITECT
, FIRE MAR
SHAL
(INS
PECT

OR), OR S
TRU
CTUR

AL ENGINEER VIA TH

E CONTR
A
CT
OR. IT IS NOT
KI.

2. KI IS NOT RES

PONSIBLE FOR TH

E CEILING SU

PPORT GRID
, PERIMETER
W
ALL
S
, BULKH
E
ADS
, OR FL
OOR S
TRU

CTURE THA
T SU

PPORTS TH
E W
ALL
S
Y
S
TEM.

3. VERIFY WITH (EOR) IF TH

E CEILING GRID IS A
CCEPT

ABLE FOR US
E B
A
S
ED
ON TH
E OCCU
P
ANC

Y AND S

EISMIC D

ESIGN C
A
TEGOR
Y
. TH

E CEILING GRID
C

ANNOT B
E L
O
AD

ED IN TH
E WE
AK A

XIS ORIENT
A
TION U

NLESS TH

E (EOR)
PRO

VES OTH
ER
WIS
E. DU
E T
O TH

E THIN G
AU

GE OF TH
E MET
AL
, TH

E GRIDS

ARE INTEND
ED T
O B
E L
O
AD

ED IN S

TRONG A

XIS ORIENT
A

TION ONL
Y
. WE
AK
A
XIS B
ENDING
, T
OR

SION, OR EVEN L

ARGE SH
E

AR FORCES MA
Y C
AUS
E TH
E

CEILING GRID T
O F
AIL
. WHILE TH

E GRID IS NOT TH
E RES

PONSIBILITY OF KI,

IT IS AN ISSU
E THA

T NEEDS T
O B
E AD
DRESS

ED WITH TH

E (EOR) WH
EN
APPLIC
ABLE.

4. MET
AL S
TU

D ANCHOR
A

GE OPTIONS A
T TH

E CEILING MA
Y B
E US
ED FOR
IN-PL

ANE AND OUT
-OF
-PL
ANE BR
A
CING
. S
EE S

PECIFIC PRODU

CT FOR W
ALL
H

EIGHT RES

TRICTIONS
. DO NOT US

E CEILING GRID CLIPS IN CONJU
NCTION

WITH OUT
-OF
-PL

ANE MET
AL S
TU

D ANCHOR
A
GE.

5. ALL CONCRETE HA
S B
EEN A

SSUMED T
O B

E NORMAL WEIGHT
, U
NCR
A
CKED
,
AND HA

VE A MINIMUM COMPRESSIVE S
TRENGTH OF 3000 PSI.

6. VERIFY WITH (EOR) IF C

ARPET GRIPPER SCREW

S ARE A
CCEPT

ABLE FOR
US
E B
A
S

ED ON TH
E OCCU
P
ANC

Y AND S

EISMIC D

ESIGN C
A
TEGOR
Y
.
7 . IF SITE S

PECIFIC C
AL
CUL
A

TIONS ARE REQUIRED
, AD

DITIONAL

INFORMA

TION SU
CH A
S TH
E S

EISMIC COEFFICIENTS AND S

PECIFIC BUILDING

CONDITIONS WILL B

E REQUIRED
.

8. IF A PROFESSIONAL OR S
TRU
CTUR

AL ENGINEERING S
T

AMP IS REQUIRED
FOR TH

E SITE S

PECIFIC L
OC
A

TION, TH

ERE WILL B
E AD

DITIONAL CHARGES

FOR ENGINEERING
.
698846
C
A
94804
REV L
A
Y
OUT
SH
EET 1/3:

BILL OF MA
TERIAL
S
PROJ

ECT NOTES
REND
ERINGS
SH
EET 2/3:

FL
OOR PL
AN
P

ANEL KEY
ELEV
A
TIONS
D
ET
AIL
S
S
ECTION

DOOR SCH
EDULE

LEGENDS
SH
EET 3/3:

CONNECT
OR PL
AN
REV L
A
Y
OUT
KKB
07 /17
/2024
7 Ha
ylee Henne
s
8 5/1
2 COD

E REQUIREMENTS
03/06/2015
H
EM
06/09/2014
REV L
A
Y
OUT

THIS PL

AN IS TH

E CONFID

ENTIAL PROPERTY OF KRU

EGER INTERNA
TIONAL
,
INC
. AND CONT

AINS INFORMA

TION THA

T IS NOT T
O B
E US
ED EX

CEPT IN
CONSID
ER
A

TION OF BIDS OR PROPOSAL
S TEND
ERED H
EREWITH.

REPRODU

CTION OR COP

YING OF THIS PL

AN, IN WHOLE OR P

ART IS PROHIBITED
.

D
A
TE
*ALL DIMENSIONS SHO

WN ARE T
O TH

E CENTERLINE OF P

ANEL RU
NS
. ANY

DIMENSIONS SHO

WN FROM DR
YW
ALL B
EGIN A
T W
ALL S
T
ARTER. END OF RU
N

CONDITIONS ARE DIMENSIONED T

O END OF P
ANEL
.

GENIUS:
*P
ANEL

S ARE S
T
AND
ARD WITH 1" FURNITURE SL
OTTING
. (SL

OTTING NOT
A
V
AIL

ABLE IN GL
A
SS P
ANEL
S)
*P
ANEL THICKNESS = 3.5"
*P
ANEL
S C

ANNOT A

CCOMMOD
A

TE ELECTRIC

AL INFEEDS FROM CEILING IF
INS
T

ALLED DIRECT
L

Y ON CEILING GRID
.
*4" & 5" B
A
S

E ADJUS
T
ABILITY: +/
- 1"
*RECESS
ED B
A
S

E ADJUS
T
ABILITY: +/
- .5"
*1.38" FLUSH B
A
S

E ADJUS
T
ABILITY: + .32" / - .5"
*KI A
SS

EMBLES ALL COM AND S
T
AND
ARD F

ABRIC W
ALL CO

VERINGS WITHIN TH
E
GUID

ELINES OF BIFMA INTERNA

TIONAL S
T
AND

ARD FOR W
O

VEN TEXTILE
CHAR
A
CTERIS
TICS (BIFMA TEX4. 102004) TH
E BO

W AND SKEW T
OLER

ANCE OF NO
MORE THAN 1" A

CROSS TH
E ROLL FOR 66" WIDTH F

ABRIC OR B
EL
O
W IS H
ELD
.

LIGHT
LINE:
*P
ANEL

S DO NOT SU

PPORT HANG
-ON FURNITURE (NO SL

OTTING A
V
AIL
ABLE)
*P
ANEL THICKNESS = 2.25" A
T CEILING TRIM, 2" A
T B
A
S
E TRIM.
*P
ANEL
S C

ANNOT A

CCOMMOD
A

TE ANY ELECTRIC
AL
.
*1" L
O

W PROFILE B
A
S

E ADJUS
T
ABILITY: + 0.38"
*3.25" B
A
S

E ADJUS
T
ABILITY: + 1.
00"
*4" B
A
S

E ADJUS
T
ABILITY: + 1.
75"
EV
OKE:
*P
ANEL

S DO NOT SU

PPORT HANG
-ON FURNITURE (NO SL

OTTING A
V
AIL
ABLE)
*P
ANEL THICKNESS = 3.5"
*P
ANEL
S C

ANNOT A

CCOMMOD
A

TE ELECTRIC

AL INFEEDS FROM CEILING IF
INS
T

ALLED DIRECT
L

Y ON CEILING GRID
.
*4" B
A
S

E ADJUS
T
ABILITY: +/
- 1"
5 9
698846
U
PD
A

TE FINISH
ES
05/19/2014
3 SALES
FORCE #:

REVISIONS:

TY
PIC
AL
TY
PIC
AL
FL
OOR
/
ARE
A:

SH
EET:

CO
VER
SC
ALE:

TY
PIC
AL
DR
A
WING #:

TY
PIC
AL
D
A
TE:

BILL OF MA
TERIAL
S
DR
A
WN B
Y:

S NOTED
ORD
ER #:

V24.1
PROJ

ECT TIT
LE:
343
D1
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
D2
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
FR
AME: ZG4037

1. LoR
LE
AF: ZG40372.

LoR
D3
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
S1
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
S2
SID
E A
SID
E B
PO

WER ROUTED DO

WN OR HORIZONT
ALL
Y

CORNICE - NO CEILING A
TT
A
CHMENT
ZG40373.MOD
S3
SID
E A
SID
E B
PO

WER ROUTED DO

WN OR HORIZONT
ALL
Y

CORNICE - NO CEILING A
TT
A
CHMENT
ZG40374.MOD
S4
SID
E A
SID
E B
PO

WER ROUTED DO

WN OR HORIZONT
ALL
Y

CORNICE - NO CEILING A
TT
A
CHMENT
ZG40375.MOD
S5
SID
E A
SID
E B
PO

WER ROUTED DO

WN OR HORIZONT
ALL
Y

CORNICE - NO CEILING A
TT
A
CHMENT
ZG40376.MOD
S7
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
T1
SID
E A&B

CORNICE - NO CEILING A
TT
A
CHMENT
F1
F1
F1
F1
F1
F1
F1
F1
F1
F2
G1

DOOR LE
AF 100.63"
AFF 35.
75"

DOOR LE
AF 103.4"

DOOR LE
AF 100.63"

95.4"
C
L
D
C
L
D
C
L
C
L
D
C
L
D
C
L
C
L
D
C
L
5"

26.96"
5"

5.13"

93.14"
5"

26.96"
5"

5.13"

5.13"
6"
18"
18"
6"
18"
6"
18"
8"
42"
W1
A1
G1
A1
G1
W1
MFG
. CL
G
. HGT
. 105.15"
105.5"
MFG
. CL
G
. HGT
. 105.15"
105.5"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
100.4"
MFG
. CL
G
. HGT
. 105.15"
105.5"
2 4
2 2
4 VERIFY

CONDITION
BME
S

PECIAL FILLER
U
CON
D
ET
AIL A
-A
D
ET

AIL B-B
3' -7-1/2"
5' -2"
15' -0"
0' -6-1/2"
8' -9-1/2"
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
C

9 C
5 B-L
7 A
3 A
6 A
2 A
4 A
1 A
2 2
2 2
2 2
2 4
2 2
2 2
2 2
2 2
2 2
4 1
4 14

1 2

3 13

2 1
1 INVENT
OR
Y
V

ERIFY CON

DITION T
O

DETERMIN
E WH
A

T FILLER
COMPON
ENT

S ARE REQUIRED
10 A
B
B
A
A
A
A
A
13' -8-3/4"
1 1' -7-7
/8"
54' -7-1/2"
14' -5-1/8"
3' -1-3/4"
14' -0-3/8"
1 1' -7-7
/8"
20' -0-1/2"
64' -3-1/8"
8' -10-3/4"
1 1' -6"
7' -2-1/2"
7' -6"
10' -7"
1 1' -7-1/2"
6' -1
1-3/8"
4' -1-1/2"
1 1' -9-1/2"
4' -1-1/2"
4' -9-1/2"
8' -1
1-1/4"
13' -3-3/4"
13' -2-3/16"
14' -10-5/8"
13' -2-15/16"
eFM25F1F1
i43.25T1
eBME
A1
e5

1.56T1
eS
P
A1
e57T1
e4WP4F1F1
eBME
A1
eBME
A1
e5

1.56T1
eBME
A1
e48S1
eU
CON
e18.63S1
eBMEFHA1
BME
A1
e48S2
e40D1L
e18.63S1
e54S4
e46S3
eFMC5F1
e48S2
e40D1L
eBME
A1
eFM3FHA1
e48T1
eBMEFHA1
eBME
A1
54S7
iFM24A1A1
eBMEFHA1
eU
CON
eBME
A1
eBME
A1
e46S1
e5

1.56T1
eBME
A1
eFM25A1A1
eSU
C
A1
eBME
A1
e57T1
e54S4
eBME
A1
eFM25F1F1
e48T1
e3.5WP4F1F1
eBME
A1
eFM3FHA1
e54S2

4.25WP4A1A1
eBME
A1
e4
7 .25T1
BME
A1
e40D1R
e48S4
eBMEFHA1
eFM25A1A1
eBME
A1
e36S1
CP25D
A1A1
e54S2
BME
A1
e40D1R
e28S2
e48S2
e46S5
e5

1.56T1
eFM35A1
eBMEFHA1
eBME
A1
eFMC5F1
eBME
A1
e5

1.56T1
e48S2
eFM25A1A1
54S7
eFM25F1F1
e54S2
e40D1R
eBME
A1
eFM35A1

46.5T1
40D3R
eBME
A1
eBMEFHA1
e4

1.13T1
eS
P
A1
eS
P
A1
eBME
A1
e28S2
eBME
A1
eBME
A1
eBME
A1
eBME
A1
e4

1. 75T1
BME
A1
i43.25T1
e40D1L
e46S1
eBME
A1
eBME
A1
eFM35A1

23.88S7
CP35D
A1
BME
A1
e2.52WP2A1A1
e5

1.56T1
e36S1
eU
CON
eSCON
e54S1
e5

1.56T1
e4
7 .25T1
e5

1.56T1
eSU
C
A1
e48S4
eBME
A1
eSU
C
A1
e4
7 .25T1
eSU
C
A1
e72D2L
e43T1
eBME
A1
eBMEFHA1
e4
7 .25T1
e4

1. 75T1
eBME
A1
e46S1

49.9608 (REDU
CER W
A
SH
ER)

38. 08.2505 (1/2" FLEX BUSHING)

38. 08.2280 (1/2" FLEX CONNECT
OR)

38. 08.1060 (1/2" FLEX CONDUIT)
TH
E FOLL
O
WING P
ARTS T

O SHIP L
OOS
E:

NOTES:

POS
TS A
T FL
OOR MA

Y NEED T
O B

E CUT FOR CONDUIT A
CCESS
2 PIECES OF CONDUIT MA

XIMUM C
AN B

E ROUTED THROU
GH TH
E B
A
S

E AND U

P THROU

GH A POS

T AND CEILING R
AIL
ALL AD

DITIONAL ELECTRIC

AL COMPONENTS T
O B
E SU

PPLIED B
Y OTH
ER
S

EMT CONDUIT T
O EXTEND 1" OUT OF TH
E BOTT
OM FR
AMEW

ORK OF TH
E P
ANEL

FLEXIBLE CONDUIT T
O EXTEND 2' OUT OF TH
E BOTT
OM FR
AMEW

ORK OF TH
E P
ANEL
2 GR
A
Y
4 NO
NONE
S
T
AND
ARD
S
T302
NONE
NO
BOTT
OM
D
A
T
A
L
T309
3/4" EMT
NO
NONE
S
T
AND
ARD
S
T302
NONE
NO
NONE
S
T
AND
ARD
S
T302
NONE
17 GR
A
Y
2 NO
NONE
S
T
AND
ARD
S
T302
NONE
NO
BOTT
OM
D
A
T
A
L
T309
3/4" EMT
S
YMBOL
QTY

PREWIRED
FEED
COL
OR
G
ANG
TY
PE
CO
VER #

CONDUIT
LIS
TED T
OP T
O BOTT

OM IS LEFT T

O RIGHT IN P
ANEL
MODUL

AR ELECTRIC
AL

ELECTRIC

AL LEGEND

ANY NON-S
T
AND

ARD KEYING REQUIREMENTS
, SU
CH A
S KEY

ED-ALIKE OR MA
S

TER KEY
ED
, ARE TH
E RES

PONSIBILITY OF TH
E CUS
T

OMER OR CUS
T

OMER'S S

ECURITY A
GENT
.

KI OFFER
S L
OCK C
Y
LIND
ER

S AND CORES IN BOTH S
T
AND

ARD AND INTERCHANGE

ABLE CORE (LFIC OR S

FIC), BUT DU
E T
O CUS
T
OMER S

ECURITY CONCERNS
, TH

E CORES WILL B
E R
ANDOML
Y KEY
ED ONL
Y
.

L
OCK:

DOOR S
T
OP:

TRIKE H
EIGHT:

HANDLE FINISH:

HANDLE HARD
W
ARE:

FR
AME S
TY
LE:

GENIUS BUTT HINGED
C
Y
L SCHL
A
GE SA
TURN AL50PD ENT
ANCE
/

OFFICE L
OCK (OBSOLETE) (QTY: 1)
626

38. 00"
IVES FS436 FL

OOR DOME S
T
OP US26D (QTY: 1)
B
.

GENIUS CONCE

ALED SLIDING HARD
W
ARE

PULL FORMS & SURF
A
CES DT6
1 1-1
2-630, F&S
, 1
2"CC
, 1
2"O
AL (QTY: 2)
630
L
OCKING
NO S
T
OP
GSLID
E (QTY: 1)
C
.

GENIUS BUTT HINGED
C
Y
L SCHL
A
GE SA
TURN ALX50P6 ENTR
ANCE
/

OFFICE L
OCK (QTY: 1)
626

38. 00"
IVES FS436 FL

OOR DOME S
T
OP US26D (QTY: 1)
HARD
W
ARE S
ETS

DOOR SCH
EDULE

KI DOOR SCH
EDULE
9 N/
A
D3
RH
C
. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
7 N/
A
D1
LH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
6 N/
A
D1
LH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
5 N/
A
D2
LH
B
.
-L
OCK

29.6 1"/59.22"
101.
01"
YY
S

D - GENIUS DOU

BLE SLIDING DOOR
S

ALUMINUM GL
A

SS DOOR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
4 N/
A
D1
RH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
3 N/
A
D1
RH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
2 N/
A
D1
LH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
1 N/
A
D1
RH
A. - 2 P

AIR HINGES

33.19"
101.
01"
Y
B

F - GENIUS BUTT HINGED DOOR
W

OOD SOLID DOOR

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT
, FS-1934
DOOR #
ROOM #
T
A
G
HAND
HARD
W
ARE S
ET
CLE

AR WIDTH
CLE
AR H
EIGHT
CL
OS
ER L
OC
A
TION

DOOR FR
AME

DOOR LE
AF

DOOR LE

AF FINISH
4 2
INVENT
OR
Y
7'6"
EXIS
TING
205'0.14"
NEW
19'1.62"
T
OT
AL
23 1'7
.
76"

ARCHITECTUR
AL W
ALL T
OT
AL
INVENT
OR
Y
7'6"
NEW
19'1.62"
EXIS
TING
205'0.14"
T
OT
AL
23 1'7
.
76"
GENIUS
LINE

AL FOOT
A

GE LEGEND
W1
W
OOD
C1
PO
WD
ERCO
A
T
G1
GL
A

SS (TEXTURE T

O INSID

E IF APPLIC
ABLE)
F2
F1
F
ABRIC
A1

ANODIZED

KENSINGT

ON MAPLE ON MAPLE - FL
A
T CUT

SILVER ANODIZED ALUMINUM
1/4 INCH CLE

AR TEMPERED
P
ALL
A

S GRIDL

OCK PEB
BLE
*POS
TUL
A
TE S
NO
WDROP
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
FS-1934
P277
GL
A

28. 085.
03 1
27 .5
140.S
P
.EC1
AL-A
O

FINISH TY
PE

FINISH COD
E

FINISH SUMMAR
Y
NO
O
VER
S
E
A
S SHIPMENT:

NO
HANG ON COMPONENTS:

Y
ES
FL
OOR S
EISMIC KIT:

CEILING S
EISMIC KIT:

C
-F
S
EISMIC ZONE:

C
ARPET
FL
OOR TY
PE:

TB
D

CORNICE

CEILING TY
PE:
105.5"

CEILING H
EIGHT:

NO
C
ARB COMPLIANT:

GENIUS PROJ

ECT NOTES

ANODIZED GR
A
Y (R
A
O)

GENIUS RECESS

ED CONNECT
OR
A1 CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
F1 *POS
TUL
A
TE S
NO
WDROP
F2 P
ALL
A

S GRIDL

OCK PEB
BLE

GENIUS FLUSH CONNECT
OR
A1 CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
W

ALL POS
T B
A
CK COL
OR
A1 CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH

DOOR AND GL

AZING TRIM
C1 SILVER ANODIZED ALUMINUM

CORNICE C
AP
A1 CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
5" B
A
S
E CO
VER

GENIUS TRIM TY
PES

3.5"

1.35"

3.5"

2.5"

3.75"
5"
(4) #14 OR 1/4" X 1/2"
SELF
T

APPING SCREWS
INT

O CARPET

BACKING (SUBJECT
T
O
APPROV
AL

FROM ENGINEER

OF RECORD)
(2) EACH END
(SHIPPED BY
KI)

3.5"

1.35"

3.5"

1.75"

2.5"

3.5"

1.35"

3.5"

1.75"

1.96"

2.5"

3.5"

1.35"

3.5"

2.5"

0.12" MIN

0.81" MAX

3.71"

1.37"

3.5"

3.75"
5"
(4) #14 OR 1/4" X 1/2"
SELF
T

APPING SCREWS
INT

O CARPET

BACKING (SUBJECT
T
O
APPROV
AL

FROM ENGINEER

OF RECORD)
(2) EACH END
(SHIPPED BY
KI)

3.5"

1.88" MIN

2.88" MAX

3.5"

1.75"
9 6
2 8
7 5
10 1
1 3
13 1
2 14
1 4
48"
S2
48"
S4
48"
S2

18.63"
S1
ELEV
A
TION B

23.88"
S6
54"
S6
54"
S6
ELEV
A
TION C
40"
D3
4 7
.25"
T1
48"
T1
4 1.
75"
T1
4 1.13"
T1
4 1.
75"
T1
40"
D1
40"
D1
4 7
.25"
T1
40"
D1
4 7
.25"
T1
48"
T1
40"
D1

46.5"
T1
43"
T1
40"
D1
4 7
.25"
T1
ELEV
A
TION D
5 1.56"
T1
5 1.56"
T1
72"
D2
5 1.56"
T1
5 1.56"
T1
5 1.56"
T1
57"
T1
5 1.56"
T1
40"
D1
5 1.56"
T1
5 1.56"
T1
57"
T1
ELEV
A
TION A
9 10
8 6
7 5
Scale1/4" = 1'
Scale1/4" = 1'
Scale1/2" = 1'
Scale3" = 1'
Scale1/4" = 1'
W1
- VINY
L
9 - INKJ
ET
04/27
/2015
336804
- FEL
T
3 F1
V1
DOOR
S
APPRO
V
AL S
T
AMP
7 B1
M1
D
A
TE
- L
AMINA
TE
LEGEND
NDM

RICHMOND
T1
5 'T' - SHO

WN IN LIGHT

LINE CORNER CONDITIONS INDIC
A

TES DIRECTION OF
GL
A
SS O
VERL
AP
FE1
MO

VE DOOR
- MARKERBO
ARD
- P

AINTED W
OOD
- A
COUS
TIC
TH
ES
E PL

ANS ARE INTEND
ED T

O COMPL

Y WITH TH

E CONTR
A
CT
. A
S SU
CH,
TH
ES
E PL

ANS MUS
T B

E REVIEWED B
Y TH
E
O
WNER
/

ARCHITECT
/
CONTR
A
CT

OR, OR OTH

ER APPROPRIA
TE
REPRES
ENT
A
TIVE. IF KI IS T

O PROCEED WITH PRODU
CT INS
T
ALL
A

TION IN
A
CCORD

ANCE WITH TH
ES
E PL
ANS
, MARK TH
E "
APPRO
VED A
S NOTED" BO
X
B
EL
O
W
, EXECUTE AND COMPLETE TH

E INFORMA
TION A
T TH
E BOTT
OM OF
THIS P
A

GE, AND RETU

N THIS DOCUMENT T
O KI. IF TH
ES
E PL

ANS ARE T
O
B

E CORRECTED
, MARK TH
E "REVIS

E AND RESU
BMIT" BO
X B
EL
O
W
, EXECUTE

AND COMPLETE TH

E INFORMA
TION A
T TH
E BOTT

OM OF THIS P
A

GE, AND

RETURN THIS DOCUMENT T
O KI. AUTHORIZED SIGNA

TURE INDIC
A
TED

REVIEW OF TH
ES
E PL
ANS
. B
EL
O

W SIGNA

TURE, PRINT NAME, TIT
LE,
COMP

ANY OR AFFILIA

TION, AND D
A
TE. MANU
F
A

CTURE OF PRODU
CT
SHO

WN IS NOT SCH

EDULED U

NTIL DR
A

WING REVIEW IS COMPLETE AND

AUTHORIZED SIGNA

TURE IS RECEIVED
. IT IS TH
E
O
WNER
/

ARCHITECT
/
CONTR
A
CT

OR'S RES

PONSIBILITY T

O NOTIFY KI IF SITE

CONDITIONS HA

VE CHANGED OR ARE NOT D

EPICTED ON OUR DR
A
WING
THA
T W

OULD IMP
A

CT OUR FURNITURE L
A
Y

OUT AFTER COMPLETED FIELD

VERIFIED DIMENSIONS HA
VE B

EEN OBT
AINED
.

C
A
P
ANEL
S
10 INTERNAL KI US
E ONL
Y
D1
FINISH
ES
06/09/2014
D

ESCRIPTION
4 SU
BJ
ECT T

O FIELD VERIFIC
A
TION
HARD
W
ARE S
ET
LIGHT
LINE
KKB
INDIC
A

TES SURF
A
CE MOU
NT
CL
OS
ER INS
T
ALL
A

TION SID
E
07 /17
/2024
- W
OOD
H
EM
KMZ
REV L
A
Y
OUT
94804
L1
D
A
TE:
- ER
A

SABLE S
TEEL
698846

DOOR NUMB
ER
07 /10/2024
Haylee Hennes
- T
A
CK
ABLE F
ABRIC
09/27
/2024
KMZ
B
Y
'x'
'
e
'
'i'

RECONFIGURE
P1
APPRO
VED A

S NOTED
- ANODIZED
REVIS

E AND RESU
BMIT
12/1
1/2024
698846S
E_W_04.
cmdr
w
CITY OF RICHMOND: W
ALL AD
D ON

NOT FOR CONS
TRU
CTION
U
PD
A

TE FINISH
ES
DR
A

WING REVIEW
A1
AD
D S
FDC# 698846
- P

ANEL SIZE TB
D U

PON VFD'
s
- EXIS

TING PRODU
CT
- INVENT
OR

Y PRODU
CT
KMZ
SIGNA
TURE:

KI REP INITIAL
S:

REV L
A
Y
OUT
C1
PRINT:
- GL
A
SS
- MINIBLIND
KKB
03/06/2015
8 INDIC
A
TES TH
E '
A SID

E' OF P
ANEL
NO
.

U
PD
A

TE CORNICE C
AP
INS
T
ALL
J1
- PO
WD
ERCO
A
T
E1
')))' - INDIC
A
TES S
TRU
CTUR

AL SILICONE P
ANEL J
OINT
. AD
D AD
DITIONAL 1/8"
T
O P

ANEL OPENING WIDTH FOR E
A
CH S

YMBOL SHO
WN.

KMZ
REV L
A
Y
OUT
698846
6 06/18/2024
G1
05/19/2014
INDIC
A
TES TH

E SIZE AND P

ANEL TY
PE
- F
ABRIC
V
SG
8:40:50
AM
03/25/2014
6/1
2 A

S NOTED
36S1
D
ET
AIL
S
FL
OOR
/
ARE
A:

A
SALES
FORCE #:

FINISH APPRO
V
AL
FL
OOR PL
AN
AU

DIT COMPLETE
ELEV
A
TIONS
FL
OOR PL
AN
SH
EET:

C
V24.1
P

ANEL KEY
S
ECTION
DR
A
WN B
Y:

DR
A
WING #:

SC
ALE:

DR
A

WING APPRO
V
AL
ORD
ER #:
105
VFD'
s / HOLD DIMS
D
A
TE:

REVISIONS:

SALES
FORCE #:

PROJ

ECT TIT
LE:
04/2
1/2014
250282
04/2
1/2014
04/28/2014
05/09/2014

INTERNAL KI US
E ONL
Y

FINISH APPRO
V
AL
SALES
FORCE #:

VFD'
s / HOLD DIMS
DR
A

WING APPRO
V
AL
AU

DIT COMPLETE
344
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
G
C
L
C
L
L
L
L
Q
H
Q
O
L
Q
Q
F
R
A
Q
R
H
L
L
O
L
A
R
N
H
R
Q
Q
P
L
H
H
L
L
Q
A
R
G
J
J
Q
R
Q
R
R
Q
H
G
B
Q
R
Q
R
H
G
Q
O
G
B
P
Q
E
R
G
G
R
Q
N
R
R
J
R
Q
L
Q
H
J
Q
Q
F
C
L
H
L
L
Q
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B
Q
R
H
R
P
G
T
P
Q
A
L
P
Q
Q
P
K
S
H
G
H
S
E
R
R
R
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S
L
A
Q
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L
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Q
A
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A
G
H
L
H
L
L
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R
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A
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U
A
L
L
Q
L
L
R
Q
R
Q
F
L
L
Q
M
R
K
Q
H
L
R
R
L
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Q
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F
Q
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B
L
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O
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L
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G
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A
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L
G
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Q
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L
L
C
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Q
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G
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N
A
E
M
H
R
L
G
P
H
G
R
L
P
R
R
Q
L
M
L
U
4 FH
F
/100.400/
F2

FULL LENGTH FLUSH CONNECT
OR
P
ALL
A

S GRIDL

OCK PEB
BLE
T
1 FH
F
/075.850/
F2

FULL LENGTH FLUSH CONNECT
OR
P
ALL
A

S GRIDL

OCK PEB
BLE
S
1 FH
F
/104.150/
F2

FULL LENGTH FLUSH CONNECT
OR
P
ALL
A

S GRIDL

OCK PEB
BLE
R
16 FH
F
/105.500/
F1

FULL LENGTH FLUSH CONNECT
OR
*POS
TUL
A
TE S
NO
WDROP
Q
62 FH
F
/105.500/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
P
1 2
FH
F
/104.150/
F1

FULL LENGTH FLUSH CONNECT
OR
*POS
TUL
A
TE S
NO
WDROP
O
15 FH
F
/104.150/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
M
4 FH
F
/100.400/
F1

FULL LENGTH FLUSH CONNECT
OR
*POS
TUL
A
TE S
NO
WDROP
L
46 FH
F
/100.400/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
K
3 FH
F
/075.850/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
J
4 FH
F
/073.150/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
H
20 FH
F
/069.400/
A1

FULL LENGTH FLUSH CONNECT
OR
CLE
AR ANODIZED ALUMINUM 8-MINUTE ET
CH
G
4 FHR
/105.500/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
F
4 FHR
/104.150/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
E
20 FHR
/100.400/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
D
4 FHR
/099.
050/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
C
4 FHR
/075.850/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
B
4 FHR
/068.
050/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
A
1 2
FHR
/064.300/
R
A
O

FULL LENGTH RECESS

ED CONNECT
OR

ANODIZED GR
A
Y
T
A
G
QTY
P

ART NUMB
ER
D

ESCRIPTION
FINISH

CONNECT

OR LEGEND
S
E

AMLESS/TT
S
E

AMLESS/
S
T
S
E

AMLESS/
SS
SHALL
O
W
RECESS
ED
FLUSH
Scale1/4" = 1'
REV L
A
Y
OUT
1 2/1
1/2024
94804
698846
REV L
A
Y
OUT
06/09/2014
D

ESCRIPTION
10 C
A
REV L
A
Y
OUT
NO
.

CITY OF RICHMOND: W
ALL AD
D ON
U
PD
A

TE CORNICE C
AP
8 MO

VE DOOR

NOT FOR CONS
TRU
CTION
8:40:5
1 AM
3 CONNECT
OR TY
PES
5 KMZ
7 /1
2 B
Y
NDM
07 /10/2024
9 336804
KMZ
09/27
/2024
07 /17
/2024
AD
D S
FDC# 698846
4 INS
T
ALL
KMZ
03/25/2014
D
A
TE

RICHMOND
Ha
ylee Henne
s
05/19/2014
H
EM
7 698846S
E_W_04.
cmdr
w
KKB
04/27
/2015
KKB
U
PD
A

TE FINISH
ES
6 06/18/2024
KMZ
V
SG
03/06/2015

CONNECT
OR PL
AN
DR
A
WN B
Y:

SC
ALE:

D
A
TE:

REVISIONS:

FL
OOR
/
ARE
A:

PROJ

ECT TIT
LE:

SALES
FORCE #:

V24.1
A

S NOTED
SH
EET:

DR
A
WING #:

CONNECT
OR PL
AN
ORD
ER #:
345
Pr
epar
ed B
y:

C
ontr
ac
t Used:
698846SE_W_04
Ha
ylee Henne
s
• A
t time of or
der placement, KI r
eque
sts ar
chitec
tur
al floor plan dr
a
wings in .
dw
g, .
dxf or .r
vt format with r
e
flec
ted ceiling
plans and all applicable xr
e
fs, in or
der to gener
ate accur
ate installation dr
a
wings.
• KI Installation Note
s: Offload during Normal Busine
s
s Hours (7am-5pm), install during Normal Busine
s
s Hours (7am-5pm),
stair carr
y Not Included, Long Push TB
D-Not Included, Dock TB
D-Not Included, 53' T
r
ailer TB
D-Not Included.
• This pr
ojec
t contains non-standar
d items which ar
e not r
e
turnable and not cancelable
. The w
arr
anty on non-standar
d
pr
oduc
t that alters func
tion is 1 y
e
ar. The w
arr
anty on non-standar
d pr
oduc
t that doe
s not alter func
tion
, but only finish (i.
e
.,
paint or anodize color, w
ood or laminate
, er
asable steel or mark
erboar
d) matche
s that of the standar
d pr
oduc
t. All
non-standar
d pr
oduc
t will be noted with a model number pr
e
fix of "ZG", "ZL", "ZE", or "ZR" and will be noted in the bill of material and/
or the panel k
e
y
. Modification to U
.

L
. Listed pr
oduc
ts eliminate
s the listing.
• If sale
s tax field sho
w
s $0, then sale
s tax is not included in pr
ojec
t price
. See A
dditional Information page for mor
e de
tail.
• The door har
dw
ar
e and glas
s supply chains ar
e experiencing extended le
ad-time
s on a case b
y case basis. Depending on
pr
oduc
t specifications and timing of or
der placement, KI le
ad time
s ma
y also be affec
ted b
y the
se materials.

Bill of Material: Quote
Part Number
De
scription
Ext. Sell
KI W
all Ne
w
19 Line
al fee
t of W
all
$1
2,4
77 .
79 C
omponents
$1
2,4
77 .
79 KI Installation (Pr
e
v
ailing W
age
s)
$10,
000.
00 KI F
r
eight
$2,820.
00 KI Seismic
$0.
00 Subtotal (without tax)
$25,297
.
79 KI E
stimated Sale
s T
ax - Material (10.25%)
$1,278.97
KI E
stimated Sale
s T
ax - Install (10.25%)
$1,
025.
00 KI E
stimated Sale
s T
ax - F
r
eight (10.25%)
$289.
05 T
otal
$27
,890.8
1 CITY
OF RICHMOND: W
ALL

ADD ON
698846S
E_W_04.
cmdr
w
Inside Sale
s Rep:
8 Cr
e
ation Date:

Exp
. Date:
3/28/2025

PROJECT
NAME:
//
1 2/10/2024
QUOTE #:
9/5/201
2 Re
vised Date:

KI W
ALL
QUOT
A
TION
346
- C
oor
dination
, scheduling, and pa
yment of an
y nece
s
sar
y costs for hoisting, forklift, stair carr
y
, ele
v
ators, cr
ane time
,
and all as
sociated oper
ations, flaggers, riggers, and tr
affic contr
ol.
- C
oor
dination
, implementation
, and costs for r
emo
v
al, pr
otec
tion
, and/
or installation of exterior windo
w
s to facilitate
stocking and debris r
emo
v
al.
698846S
E_W_04.
cmdr
w
• Minority and/
or W
omen
’
s Busine
s
s Enterprise in
v
olv
ement is not included (unle
s
s other
wise noted).
• Ple
ase contac
t y
our sale
s r
epr
e
sentativ
e or e
stimator/
coor
dinator for the most curr
ent pr
oduc
tion le
ad time
s at the time
of or
derplacement. Le
ad time
s ar
e based on r
eceipt of the pur
chase or
der or endorsed contr
ac
t, v
erified field dimensions,
and shop dr
a
wing/ finish appr
o
v
als. Field fabricated tr
ack la
y
out ma
y start within 4 w
eek
s fr
om dr
a
wing appr
o
v
al.

T
r
ansportation le
ad time
s v
ar
y b
y geogr
aphic location and me
thod, so ple
ase consult y
our pr
ojec
t coor
dinator or pr
ojec
t
e
stimator.
• A
SCE Standar
d-7
, Sec
tion 13.5.8: A
dditional installation ser
vice
s and har
dw
ar
e char
ge
s will be added to the price stated
abo
v
e in the e
v
ent compliance with Sec
tion 13.5.8 of the A
SCE Standar
d 7-05 (2005) (or an
y succe
s
sor or r
eplacement code
or sec
tion ther
e
to) is r
equir
ed or r
eque
sted b
y the customer or local inspec
tors. The customer agr
ee
s that the customer
shall be r
e
sponsible for de
termining whe
ther compliance with A
SCE Standar
d 7-05, 13.5.8 is r
equir
ed and shall communicate
an
y such r
equir
ements to KI W
all no le
s
s than 2 w
eek
s be
for
e commencement of installation
. A
t the time of this quote
,
pr
ojec
t-specific signed and se
aled struc
tur
al calculations and/
or dr
a
wings w
er
e not a r
equir
ement. This quote doe
s not
include the eng
ineering fee
s for pr
ojec
t-specific signed and se
aled struc
tur
al calculations and/
or dr
a
wings. If
pr
ojec
t-specific signed and se
aled struc
tur
al calculations and/
or dr
a
wings ar
e r
equir
ed, w
e can pr
o
vide them for
anadditional fee
. If seismic calculations and/
or stamped dr
a
wings ar
e pur
chased initially
, the price as
sume
s normal
in-plane and out-of-plane me
tal stud br
acing fr
om the top of the panels to the deck abo
v
e
, e
v
er
y 4 line
al fee
t. If ac
tual
building conditions dic
tate r
e
vised eng
ineering calculations, customized br
acing, or additional installation r
equir
ements
after field v
erification
, the contr
ac
t price is subjec
t to a change or
der to account for the additional seismic calculations and br
acing needs that w
er
e unkno
wn at the time of the bid.

POST
-INST
ALLA
TION

PRE-INST
ALLA
TION
SER

VICE INFORMA
TION
• C
oor
dination and site acce
s
s for punch list r
eplacement is r
equir
ed until pr
ojec
t comple
tion
.
• Signatur
e for punch list will be r
equir
ed b
y the o
wner or de
signate as w
ell as final pr
ojec
t acceptance upon comple
tion
.
- Installation and deliv
er
y is based on Pr
e
v
ailing W
age
s with no-char
ge acce
s
s and ex
clusiv
e use of unloading dock
s and
ele
v
ators capable of accommodating a 72.
00" x 105.50" panel. If ele
v
ators cannot accommodate KI W
all panels, additional
installation char
ge
s will apply including but not limited to:
9 • Price
s ar
e based on tw
o (2) w
eek
s adv
ance notice of the pr
ojec
t installation date
. A
dditional char
ge
s ma
y be as
se
s
sed if
theo
wner/
gener
al contr
ac
tor/
de
signate for an
y of the follo
wing dela
y
s/
change
s to the mutually agr
eed schedule
s:
•Loading dock or site acce
s
s to be within 300 fee
t of the install ar
e
a
.
•Install to be performed during Normal Busine
s
s Hours (7am-5pm) Monda
y thr
ough F
rida
y and based on a standar
d (8)
hour w
ork da
y
. A
fter hours deliv
er
y
, unloading, and/
or installation will r
equir
e an upchar
ge
.
•Pr
ojec
t to be comple
ted in one comple
te and continuous phase
. Phased or
der ma
y r
equir
e an upchar
ge
.
•Pricing include
s all w
aste r
emo
v
al fr
om site
.
•A
dditional char
ge
s ma
y apply when unusual unloading conditions exist or pr
oduc
t doe
s not fit into ele
v
ator.
•Jurisdic
tional r
equir
ement/
char
ge
s (w
all br
acing and seismic supports or an
y other change
s not de
tailed and
appr
o
v
ed).
•Relocation of cut stations due to site log
istics and scheduling.
•Stair Carr
y Not Included. Long Push TB
D-Not Included. DOCK TB
D-Not Included. 53' T
r
ailer TB
D-Not Included.
- Pr
oduc
tion los
s and/
or cr
e
w staff char
ge
s due to schedule change
s or confirmed deliv
er
y impac
ts/
change
s.
- O
v
ertime pr
emiums for schedule dela
y
s or change
s (unle
s
s dir
ec
tly attributed to KI W
all).
• All ar
e
as shall be fr
ee and cle
ar of other tr
ade
s be
for
e the commencement of installation
. F
ollo
wing installation comple
tion
and confirmed punch list, the contr
ac
tor must pr
o
vide furnitur
e/
w
all pr
otec
tion until the pr
ojec
t is turned o
v
er to the o
wner.
• A
dequate space is pr
o
vided to allo
w for the pr
oduc
t to be staged and in
v
entoried be
for
e installation
.
• F
or pr
ojec
ts on the second (2nd) floor or higher, price
s ar
e based on ex
clusiv
e use of the ele
v
ator during the offload period.

If the the ele
v
ator is una
v
ailable or if ele
v
ators cannot accommodate pr
oduc
t deliv
er
y
, additional installation char
ge
s will
apply including but notlimited to:

ADDITIONAL
SER

VICE INFORMA
TION
//
• KI W
all is not r
e
sponsible for the connec
tion of phone and data line
s to the building, along with an
y elec
trical
har
dwiring.Building/
C
onstruc
tion and elec
trical permits, if r
equir
ed, ar
e b
y others. KI W
all r
ecommends that the pur
chaser
consult with their local building code department.
347

THE FOLLOWING ITEMS MUST

BE INCLUDED IN
ALL
PURCHASE ORDERS:
• Signatur
e
s on a quote or a w
ork
shee
t cannot be accepted as a pur
chase or
der.
• iF y
ou do not ha
v
e a formal pur
chase or
der pr
oce
s
s, ple
ase contac
t y
our sale
s r
epr
e
sentativ
e
, or call 1-800-424-2432, and
w
e will as
sist y
ou with cr
e
ating a PO
.
• Pur
chase Or
ders that do not mee
t the
se r
equir
ements will be placed on hold until comple
te information is r
eceiv
ed b
y KI
W
all. Pur
chase or
ders on hold ar
e not r
ele
ased to manufac
turing or as
signed a deliv
er
y date
. KI W
all or
der le
ad time
s beg
in
once the or
der is r
ele
ased to manufac
turing.
• Or
der contac
t, deliv
er
y information
, and r
eque
st deliv
er
y information can be on y
our PO or PO co
v
er page
.
• If y
our or
der contains COM (customer
'
s material) ple
ase see the T
erms and C
onditions and COM shipping locations guide
.
• Sold to/bill to information: comple
te legal name
, addr
e
s
s, telephone number and fax number.
• Ship to information: comple
te legal name
, addr
e
s
s, contac
t name and contac
t phone number.
• Pur
chase or
der number: a customer
-specific identifier, typically a sequential pur
chase or
der number.
• Is
sue date: date the pur
chase or
der w
as is
sued.
• Sale
s tax: applicable sale
s tax will be added upon KI W
all in
v
oicing. If tax ex
empt, customer must pr
o
vide or ha
v
e the tax
ex
empt certificate on file at KI W
all.
• Pur
chase or
der total: total of all items and ser
vice
s included in the pur
chase or
der.
698846S
E_W_04.
cmdr
w
- Quantity of e
ach item
.
- C
omple
te model number, including all finish and option information (b y line item).
- Ne
w pur
chase price (b
y line item).
- Extended ne
t pur
chase price (all line items).
- An
y additional applicable char
ge
s (ex: installation and/
or deliv
er
y char
ge
s).

PO REQUIREMENTS
//
- KI W
all T
erms and C
onditions O
WN P
A
GE?
- Submitting an Or
der Instruc
tions
- COM Shipping Location Guide
- Pur
chase Or
der C
o
v
er Shee
t
T
o ensur
e y
our pur
chase or
der (PO) is pr
oce
s
sed quickly and e
fficiently
, it must be is
sued to KI W
all or KI W
all c/
o the de
aler
at the follo
wing addr
e
s
s:

Krueger International, Inc
. (KI)
1330 Belle
vue Str
ee
t
Gr
een Ba
y
, WI 54302

PO DISCLAIMERS
10 Download the following documents at www
.kiwall.com:
348
CITY OF RICHMOND: W
ALL AD
D ON
KIW
ALL.COM
349

GENERAL
//
Send PO T
o:

Krueger International, Inc
. (KI)
1330 Belle
vue Str
ee
t
Gr
een Ba
y
, WI 54302
Phone: 800-454-9796
Email: w
all.
or
ders@ki.
com
Is
sue PO T
o:
• All pr
oduc
ts identified in this quote will be manufac
tur
ed in accor
dance with KI specifications. Finishe
s will be standar
d
unle
s
s stated other
wise
.
•Modification to U
.

L
. listed pr
oduc
ts eliminate
s the listing. Pr
oduc
ts will not ha
v
e U
.

L
. listing labels unle
s
s specified in the
quote
.

ORDER PROCESS
698846S
E_W_04.
cmdr
w
1 2
Krueger International, Inc
. (KI)
1330 Belle
vue Str
ee
t
Gr
een Ba
y
, WI 54302
Phone: 800-454-9796
Email: w
all.
or
ders@ki.
com
•All or
ders ar
e subjec
t to KI’
s cr
edit and collec
tion policie
s, which policie
s KI ma
y modify fr
om time to time in its discr
e
tion
.

If this is customer
’
s first or
der fr
om KI, customer should contac
t its KI sale
s r
epr
e
sentativ
e for pr
oper account ac
tiv
ation
.
• The first and last page of this quote must accompan
y customer
’
s pur
chase or
der and the quote number must be
r
e
fer
enced in the body of the pur
chase or
der to ensur
e accur
ate and timely entr
y of the pr
oduc
t and pricing, and
manufac
tur
e
, deliv
er
y and installation of pr
oduc
t. Without this information
, ther
e ma
y be dela
y
s in entr
y
, manufac
turing,
deliv
er
y
, and installation of the pr
oduc
t.
• KI r
equir
e
s a v
alid pur
chase or
der to be printed on an official customer document and signed b y an authorized customer
agent. The pur
chase or
der should stipulate exac
tly the mer
chandise or ser
vice to be tr
ansac
ted b
y quantity
, stock
-k
eeping
unit (SKU), and price
. KI will not accept a quotation or quote w
ork
shee
t as the basis of an or
der unle
s
s it is specifically
r
e
fer
enced in the pur
chase or
der. If a customer doe
s not is
sue standar
d pur
chase or
ders, all quote
s or quote w
ork
shee
ts
must be accompanied b
y a statement on an official customer document (ex., le tterhe
ad) authorizing KI to pr
oceed with the
or
der as documented on the r
e
fer
enced quote
. Signatur
e
s on the quote or w
ork
shee
t will not suffice
. Or
der r
eque
sts
r
eceiv
ed that do not mee
t the
se minimum r
equir
ements will lik
ely r
e
sult in dela
y
s or r
ejec
tion of the entr
y
, manufac
tur
e
,
and/
or shipment of the pr
oduc
t. Ple
ase is
sue and send all pur
chase or
ders to KI at the addr
e
s
s listed belo
w
.

TERMS

AND CONDITIONS

PRODUCT

SPECIFICA
TIONS
• KI’
s T
erms and C
onditions of Sale and W
arr
antie
s can be found at ki.
com/terms and ar
e incorpor
ated her
ein b
y r
e
fer
ence
and go
v
ern and contr
ol an
y contr
ac
t or other tr
ansac
tion arising fr
om this quote
. A
dditional and contr
adic
tor
y terms or
conditions included in an
y customer pur
chase or
der or other document deliv
er
ed to KI ar
e expr
e
s
sly r
ejec
ted and shall not
apply notwithstanding an
y language in the pur
chase or
der or other customer document to the contr
ar
y
.
• The pricing and other char
ge
s listed her
ein ar
e v
alid for nine
ty (90) da
y
s immediately follo
wing the date of this quote (at
which time
, all pricing and other char
ge
s listed her
ein ar
e subjec
t to r
e
vision or r
e
v
ocation b
y KI). A
dditionally
, in the e
v
ent
ac
tual deliv
er
y or installation date(s) ar
e dela
y
ed b
y mor
e than nine
ty (90) da
y
s be
y
ond the deliv
er
y date(s) identified in the
customer
’
s ackno
wledged pur
chase or
der (or such other date(s) identified in KI’
s A
ckno
wledgment) for r
e
asons be
y
ond KI’
s
contr
ol, KI r
e
ser
v
e
s the right to incr
e
ase price
s and char
ge
s to corr
e
spond with inter
v
ening incr
e
ase
s in manufac
turing
costs, r
a
w material costs, deliv
er
y expense
s and/
or installation expense
s.
• The sale
s/
use tax included in this quotation is for e
stimation purpose
s only and is subjec
t to change
. It is the customer
'
s
r
e
sponsibility to pa
y an
y applicable sale
s/
use tax due upon in
v
oicing. Customers will not be char
ged sale
s/
use tax if the
y
pr
o
vide to KI’
s finance department a v
alid tax
-ex
empt certificate
. If no such certificate is pr
o
vided, the appr
opriate
sale
s/
use tax r
ate in e
ffec
t at the time of shipment will be applied and the r
e
sulting tax will be added to the customer
’
s
in
v
oice
.
• F
r
eight and F
uel sur
char
ge - KI r
e
ser
v
e
s the right to apply a fr
eight and fuel sur
char
ge to customer or
ders. This ma
y v
ar
y
o
v
er time due to pr
e
v
ailing economic conditions. The fr
eight and fuel sur
char
ge on this quote is an e
stimate
. The final fuel
sur
char
ge fee will be de
termined at the time the or
der is placed.
350
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Charles Gerard
Charles Gerard

KRUEGER INTERNATIONAL/KI
351
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]

KRUEGER INTERNATIONAL/KI

KRUEGER INTERNATIONAL/KI
1330 Bellevue St
GREEN BAY, WI, 54302
[email protected]
352
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry,

KRUEGER INTERNATIONAL/KI
353
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

KRUEGER INTERNATIONAL/KI
354
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under

KRUEGER INTERNATIONAL/KI
355
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for

KRUEGER INTERNATIONAL/KI
356
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable

KRUEGER INTERNATIONAL/KI
357
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of

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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor,

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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

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EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

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EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8

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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 366
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

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Richmond City CouncilApril 15, 2025

Richmond City Council
April 15, 2025